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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 03_11/28/2007Proposal Form In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ^ Individual (~] Partnership /Firm ^ Corporation ^ Other /Specify Name of Individual !Organization /Corporation /Firm: WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Address: 252 P Suit 7 City: Coral Gables State: Florida Zip: 33134 Telephone: (305) 854-0800 Fax: (305) 854-2323 Cell: Email: www we h 1d~ _ Tax ID: 20-8112403 Date Organized: A ril 15 1991 Addenda Received: Date: Ex._#: Date: Ex. #: Date: Ex. #: ATTEST: FStrPllit~ Sibila Typed a atu e PROPOSER: Lynn M. Dannheisser Typed Name Sig ure Partner Title ~0~261 ~~ ,~Y P ,,,~, ESTRELLITA S{Bq.A trofary Pubtlc - S~6e of Florldt _ . ~Ay Cobn Expires Mar 22 2009 =',~ = Cor~x-i~ioa N OD 409832 ~' n°~ n ~`~ ~OfldBd Na~OFI~ ASIA. Title October 26, 2007 Date DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance -with Florida Statute 287.087 hereb certifies that WEISS SEROTA HELFMAN et al. (name of business) does does not (circle appropriate response): 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, and any available drug counseling. DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/23/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gifford Wells Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 750 East Prospect Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Lauderdale, FL 33334 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (954) 563-1841 INSURERS AFFORDING COVERAGE NAIC # INSURED wsuRERA- Continental Casualty Company (CNA) Weiss Serota Helfman Pastoriza Cole &Boniske, P.L. INSURER B 2525 Ponce de Leon Blvd, SUlte #700 INSURER C: Coral Gables, FL 33134 INSURER D'. INSURER E: COVERAGES TI IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~,n wsa TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC(IVE POLICY E%PRATION LIMITS DATE MM/OD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS mwoE ^ OCCUR MED EXP An one rson $ PERSONALB ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOG JEOT AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IEa accidenq ANV AUTO ALL OW NED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) NON-OWNED AUTOS $ PROPERTY DAMAGE P itl M ( er acc ) e $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACG OTHER THAN $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND wcsTnru~ Ea EMPLOYERS' LIABILITY TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER Per Claim $4,000,000 A Professional Liability TBD 04/24/2007 04/24/2008 Aggregate $4,000,000 DESCRIPTION OF OPERATIONSlLOCATIONS//VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Lawyers Professional Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN Weiss Serota Helfman Pastoriza Cole &Boniske, P.L. NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FgILURE TO 00 SO SHALL 2525 Ponce De Leon Blvd., SUIfe 7OO IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Coral Gables, FL 33134 REPRESENTATIVES. ~~ i 25 (2001!08) SION 1988 .~'; ~- ~ ~, .: ~- a. ,~ -: 3 / f LYNN M. DANNHEISSER 3101 South Ocean Drive # 1506 Hollywood, FL 33019 (786) 202-1133 lynndann(a~aol.com BAR ADMISSIONS: Florida, New York (inactive), District of Columbia (inactive) EXPERIENCE: Shareholder/ Town Attorney for Surfside Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., 2006-Present Municipal Law; Land Use/Urban Infill Redevelopment; Local Government and Real Estate Law, including representation of developers of major commercial, residential and mixed use renewal and redevelopment projects; representation of joint public/private partnership projects and local government law issues (building and permitting, code enforcement, legislative lobbying); representation of local governments as special counsel for charter revisions, planning, zoning, and land use issues Shareholder Gunster Yoakley & Stewart, P.A., 2005-2006 City Attorney City of Sunny Isles Beach, Florida, 1997-2005 Charter and charter revision issues, litigation and non-litigation matters, including ad valorem tax issues, commercial litigation, elections, environmental issues, labor and employment law, municipal finance, procurement issues, public works issues, code compliance, torts and civil rights, real estate and real estate related transactions and matters, land use and zoning matters, construction and construction-related issues, Sunshine laws, public records laws, conflict of interest and other ethical issues, drafting of contracts and legislation adopted by the City Commission, police and police related issues, telecommunications and franchise issues, and workers compensation issues, constitutional law issues. Special Counsel Incorporation • Charter • Charter Revisions Charter Revision Member, Miami-Dade County Charter Task Force (2007) Palmetto Bay, Fisher Island, Doral; Sunny Isles Beach; Surfside Revisions 2002-2007 Partner/Pinecrest Village Attorney Eckert Seamans, 1996-1997 Principal Rasco, Reininger, Perez & Esquenazi f/k/a Rasco, Reininger Bc Dannheisser, P.A., 1987-1990 Real Estate; Environmental, Land Use, Planning and Zoning; Administrative Law City Attorney City of South Miami, 1986 Partner and Associate Holland & Knight, LLP, 1976-1987 Commercial Litigation (1976-1980); Real Estate and Real Estate Financing (1979-1985); Governmental Affairs; (1985-1987) Adjunct Professor University of Miami School of Law (Art of Negotiation), 1983-1986 BAR AND OTHER ACTIVITIES: American Bar Association, Section on Individual Rights and Responsibilities, Former Chairperson, Subcommittee on Death With Di}nits; Real Property, Probate and Trust Section; Local Government Law Section; Former Board Member, Miami Children's Hospital. AUTHOR: "Diary of a Hurricane Survivor," Redbook, August 1993; "Grape Jelly Fingerprints on your Career" Florida Bar Journal, November 1984; Guest Columnist, The Miami Herald; "What's Wrong With Me? Frustrated Patient's Guide to Self- Dia~nosis," McGraw-Hill, (April, 2005). JEFF P. H. CAZEAU EDUCATION University of Miami School of Law, Coral Gables, FL Juris Doctor, May 2002, Cum Laude Honors Roger Sorino Award, Most Outstanding Graduate Iron Arrow, Honor Society Activities: President, Student Bar Association State University of New York at StonyBrook, StonyBrook, NY Bachelor of Arts in English, Dec. 1990 Brunel University, London, England Study Abroad Program through the State University of New York at Brockport, Jan. -May 1990 EMPLOYMENT HISTORY Weiss Serota Helfman Pastoriza Cole & Boniske, P.L Mar. 2006 -Present Associate / Surfside Assistant Town Attorney Specialized in representing private businesses and individuals in land use, zoning, and government procurement matters with a particular emphasis is the counseling ofminority-owned, women-owned businesses and majority-owned businesses in government contracts and procurement matters as well as representing clients in resolving government contract disputes such as bid protests. Also represent select clients on public contracts and legislative issues before state and local government boards and agencies Kluger Peretz Kaplan & Berlin, P.L. Aug. 2002 -Mar. 2006 Associate, Litigation Department Conducted all aspects of litigation practice for commercial and general civil litigation matters Approximately, 30% of practice was devoted to construction law disputes including the mediation, arbitration and litigation of construction contract claims, construction and design defect claims, insurance claims, and related matters. Also, during atwo-year period acted as in- house counsel for major, Miami-based, construction firm. United States Department of Justice, Miami, FL Jan. 2002 -May 2002 United States Attorney's Office, Major Crimes Division Certified Legal Intern Drafted motions and memoranda of law related to criminal prosecutions. Observed various criminal trials and hearings. Zuckerman Spaeder, LLP, Miami, FL May 2001 -Aug. 2001 Summer Associate Researched and drafted memoranda relating to white-collar criminal defense and complex commercial litigation issues. Law Offices of Stephens, Lynn, Klein, Miami, FL Sep. 2000 -May 2001 Law Clerk Researched case specific legal issues relating to insurance defense litigation. J. P. H. Cazeau Resume Cont'd United States Department of Justice, Miami, FL Executive Office for Immigration Review Summer Legal Intern Drafted decisions for asylum and deportation proceedings. conditions for human rights violations. Vietnam Veterans Memorial Fund, Miami, FL Jan. 2000 -May 2000 Field Representative Spearheaded efforts to obtain locations for discarded clothing collection bins through contacts with local businesses and governments in Miami, FL and New Orleans, LA. United States Navy Nov. 1990 -Sep. 1999 United States Southern Command, Miami, FL Caribbean Regional Analyst Jun. 1997 -Sep. 1999 Advisor to the Commander (CEO equivalent), United States Southern Command with regard to issues involving the Caribbean, particularly Haiti, Suriname and the various European territories. USS ELLIOT (DD-967), San Diego, CA Ship's Navigator and Administrative Officer Jan. 1996 - Jun.1997 Responsible for the safe navigation of ship during all activities at sea. PROFESSIONAL ACTIVITIES: • President, Haitian Lawyers Association, Inc. • Treasurer, University of Miami Law Alumni Association • Board Member, Dade County Bar Association; • Chair, Dade County Bar Association, Administrative and Governmental Affairs Committee • Member, Florida Supreme Court Standing Committee on Fairness and Diversity • Lawyer Ad Litem, Lawyers for Children America CIVIC ACTIVITIES: • Board Member, Switchboard of Miami • Advisory Board Member, Miami Edison Senior High School, Law and Public Service Academy PUBLISHED WORKS: Make Good Faith Efforts and Back Them Up. Airport Revenue News, June 2007. Does a Florida Minority Shareholder in a Closely Held Corporation Owe a Fiduciary Duty to Fellow Shareholders? 79 Fla. B. J. 55 (2005). May 2000 -Aug. 2000 Researched legal issues and country European Security and Defense Policy Under the Gun. 10 U. Miami Int'1 & Comp. L. Rev. 57 (2002). IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA. ERIC M. HERSH, individually as a CASE NO. 37-2007-CA-1862 registered voter and taxpayer, and as the Mayor of the City of Weston, Florida, Plaintiff, vs. KURT S. BROWNING, as Secretary of State, State of Florida, and FLORIDA DEPARTMENT OF REVENUE, Defendants. FINAL SUMMARY JUDGMENT AND CROSS SUMMARY JUDGMENT THIS CAUSE was heard by the Court on Plaintiff s, ERIC M. HERSH, Motion for Summary Judgment, and upon Defendants', KURT S. BROWNING, as Secretary of State, State of Florida, and FLORIDA DEPARTMENT OF REVENUE, Cross-Motion for Summary Judgment. Plaintiff seeks the following relief from this Court: a) a declaration that the ballot summary proposed by Senate Joint Resolution 4-B (SJR 4-B) is unconstitutionally misleading and improper and enjoining the Secretary of State from placing the same on the ballot; and b) a declaration that the placing of the proposed constitutional amendments in SJR 4-B on a ballot in a special election as called for by House Bil] SB (HBS) is unconstitutional because there are multiple amendments, as opposed to a single amendment, proposed, and enjoining the Secretary of State from placing the proposed amendments on the ballot; and c) a declaration that Sections 1 through 12 of House Bill lB (HB 1B) are unconstitutional, and enjoining the Department of Revenue from implementing the same prior to the passage of the amendments proposed in SJR 4-B. JURISDICTION, VENUE AND STANDING This Court has jurisdiction to grant declaratory and injunctive relief. See Section 86.011, Florida Statutes; Martinez v. Scanlan, 582 So,2d 1167 (Fla. 1991); Armstrong v. Harris, 773 So.2d 7 (Fla. 2000). Venue is proper pursuant to Section 47.011, Florida Statutes. The parties stipulated on the record at the hearing in this proceeding that there are no issues raised by them as to the jurisdiction of this court, the venue of these proceedings, or the standing of Mr. Hersh to bring this action. The Court has found, and the parties agree, that the issues before the Court are pure issues of law and appropriate for determination by summary judgment. The issues for this Court to resolve are whether the ballot summary for the proposed constitutional amendments set forth in SJR 4-B is clear and unambiguous and whether it provides fair notice of the effect of the proposed constitutional amendments; and whether the Legislature may enact the provisions of Sections 1-12 of HB IB which condition and limit by general law the authority of local governments to levy ad valorem taxes that do not exceed ten mills. For the reasons set forth, this Court concludes that the ballot summary does not meet the constitutional fair notice requirements, and the Legislature does have such authority. PROCEDURAL BACKGROUND A Petition for Writ of Mandamus was initially filed in the Supreme Court of Florida on July 9, 2007, and transferred on July 12, 2007, by Order of the Supreme Court of Florida to this Court for expedited consideration. An Amended Petition for Mandamus and/or Other Relief was filed on 2 July 17, 2007. Thereafter on July 18, 2007, this Court entered its Order Denying Alternative Writ and Deeming Action One for Declaratory Judgment. A Second Amended Complaint for Declaratory Relief was filed on August 7, 2007, and answered by Defendants on August 10, 2007. Plaintiff filed its Motion for Summary Judgment on August 17, 2007, and Defendants filed their Cross-Motion for Summary Judgment on August 31, 2007. The Court finds, and the parties stipulated, that there are no genuine issues of material fact and the controversy between the parties is ripe for determination by summary judgment. SENATE JOINT RESOLUTION 4B SJR 4-B proposes amendments to sections 3, 4, 6 and 9 of Article VII, and the creation of a new section 27 of Article XII of the Florida Constitution. The full text of the ballot summary is as follows: BE IT RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE VII, SECTIONS 3, 4, 6, AND 9; ARTICLE XII, SECTION 27 AD VALOREM PROPERTY TAXATION: ASSESSMENTS, EXEMP"PIONS, LIMITATIONS, AND HOMESTEADS.-Proposing amendments to the State Constitution to increase the homestead exemption from $25,000 to 75 percent of the just value of the property up to $200,000 and 15 percent of the just value of the property above $200,000 up to $500,000, to subject the $500,000 threshold to annual adjustments based on the percentage change in per capita personal income, to authorize an increase in the $500,000 threshold amount by atwo- thirds vote of the Legislature, and to specify minimum homestead exemption amounts of $50,000 for everyone except low-income seniors and $100,000 for low- income seniors; to provide for transitional assessments of homestead property under the increased homestead exemption that include preserving application of Save-Our Homes provisions until an irrevocable election is made; to revise Save-Our-Homes provisions to conform to provisions providing for the increased homestead exemption and transitional assessments of homestead property; to require the Legislature to limit the authority of counties, municipalities, and special districts to 3 increase ad valorem taxes; to authorize an exemption from ad valorem taxes of no less than $25,000 of assessed value of tangible personal property; to provide for assessing rent-restricted affordable housing property and waterfront property used for commercial fishing, commercial water-dependent activities, and public access at less than just value; and to schedule the amendments to take effect upon approval by the voters and operate retroactively to January 1, 2008, if approved in a special election held on January 29, 2008, or shall take effect January 1, 2009, if approved in the general election held in November of 2008. Plaintiff argues that the summary is misleading in that it fails to advise the voter that the proposed amendments would phase out, and ultimately eliminate, "Save-Our Homes" protections contained in section 4, Article VII of the Florida Constitution, and that it falsely suggests a minimum homestead exemption of $50,000 for everyone. The Defendants argue that the ballot language is clear and concise and is divided into distinct parts separated by semicolons, and must be read as such. STANDARD OF REVIEW The duty and responsibility of this Court in approaching this significant question is well established. The standard is: In addressing our responsibility to assure that proposed amendments meet the requirements of section 101.161(1), we have stated that the purpose of this statute "is to assure that the electorate is advised of the true meaning, and ramifications, of an amendment," Askew v. Firestone, 421 So.2d 151, 156 (Fla. 1982). We have explained that the statute requires the title and summary to be (a} "accurate and informative," Smith v. American Airlines, 606 So.2d 618, 621 (Fla. 1992), and (b) objective and free from political rhetoric, see Evans, 457 So.2d 1355; Save Our Everglades, 636 So.2d at 1341. Advisory Opinion to the Attorney General re: Tax Limitation, 644 So.2d 486 at 490 (Fla. 1994) This Court is fully aware, and the Defendants leave clearly pointed out to the Court, that its review should be "highly deferential" as it reviews and considers these legislatively-proposed amendments. (Defendants' Memorandum In Opposition to Plaintiffs Motion for Summary 4 Judgment and Cross-Motion For Summary Judgment at p. 5). The extent of that deference has been described as follows: In conducting this review, we traditionally have accepted a measure of deference to the Legislature: Another thing we should keep in mind is that we are dealing with a constitutional democracy in which sovereignty resides in the people. It is their Constitution that we are construing. They have a right to change, abrogate or modify it in any manner within the confines of the Federal Constitution. The legislature which approved and submitted the proposed amendment took the same oath to protect and defend the Constitution that we did and our first duty is to uphold their action if there is any reasonable theory under which it can be done. This is the first rule we are required to observe when considering acts of the legislature and it is even more impelling when considering a proposed constitutional amendment which goes to the people for their approval or disapproval. Armstrong v. Harris, 773 So.2d 7 at 14 (Fla. 2000) citing Gray v. Golden, 89 So.2d 785, 790 (Fla. 1956). Try as this Court has, and having considered all memoranda and argument presented to the Court, and having read, reread, examined and studied the ballot summary under review, the Court cannot find that the language is clear, concise, unambiguous, and fair. The language at issue is misleading and confusing, and does not provide fair notice to the voter, educated or otherwise, of the purpose and effect of the proposed amendments to the Florida Constitution. Justice Grimes spoke of the educated voter in Smith v. American Airlines, 606 So.2d 618 (Fla. 1992): While we agree that voters may be presumed to have the ability to reason and to draw logical conclusions, we do not believe that the ballot summary here is written clearly enough for even the more educated voters to understand its chief purpose.. . We also agree with appellant that voters are generally required to do their homework and educate themselves about the details of a proposal and about the pros and cons of adopting the proposal. However, the availability of public information about a proposed amendment cannot be a substitute for an accurate and informative ballot summary. Id. at 621. Currently, all citizens of Florida who own a homestead are entitled to the protection provided by section 4(c), Article VII of the Florida Constitution, known as the Save-Our-Homes provision. This provision effectively limits an increase in the assessment on a homestead to the lower of three percent (3 %) of the assessment for the prior year, or the percent change in the Consumer Price Index. Fla. Const. Art. VII, §4(c)(1). The Supreme Court has said that "In brief, the amendment was designed to ensure that citizens on fixed incomes would not lose their homes on the tax block due to the rising value of Florida property." Smith v. Welton, 729 So.2d 371, 373 (Fla. 1999). This right would be lost under the proposed amendments to anyone not entitled to a homestead exemption on the effective date of the proposed amendments, and nowhere is the loss of this valued constitutional protection disclosed in the ballot summary. (Proposed section 12, Article XII, SJR 4-B). The ballot summary addresses this issue as follows: ;to provide for transitional assessments of homestead property under the increased homestead exemption that include preserving application of Save-Our-Homes provisions until an irrevocable election is made; to revise Save-Our-Homes provisions to conform to provisions providing for the increased homestead exemption and transitional assessments of homestead property; SJR 4-B, lines 2-8, page 13. The summary is just not correct. In fact, it is misleading. There is no "preserving application of Save-Our-Homes provisions" for all of those persons who are not entitled to a homestead tax exemption on the effective date of the amendments, or for anyone who sells or conveys title to their homestead after the effective date of the amendments whether or not an "irrevocable election" is made. We have nowhere to look as to the meaning of "preserving" and "revising" except the words as they are used and defined in the dictionary. Green v. State, 604 So.2d 471, 473 (Fla. 1992); Frankenmuth Mut. Ins. Co. v. Magaha, 769 So.2d 1012, 1020 (Fla. 2000) Merriam-Webster's On- 6 line Dictionary, ©2006-2007 Merriam-Webster's, Incorporated, defines the word "preserving" as "to keep safe from injury, harm, or destruction: protect"; or "to keep alive, intact, or free from decay b: maintain." The word "revising" is defined as "to look over again in order to correct or improve." Merriam-Webster On-line Dictionary (2006-2007) at httn://www.merriam- webster.com/dictio /n rarer evising.. After the effective date of the amendments, the constitutional protections currently provided will not be preserved for anyone who is not entitled to the homestead tax exemption on the effective date of the amendments. They also will not be available to anyone who sells or transfers their homestead after the effective date of the amendments. They will only be preserved for those who currently enjoy them and who do not choose to surrender those protections by making the "irrevocable election". Furthermore, for those who do not make the "irrevocable election," the protections currently being provided are not revised, but remain absolutely the same. See: Evans v. Firestone, 457 So.2d 1351, 1355 (Fla. 1984) (as to the use of the word "establishes"). Nowhere in the ballot summary is the voter alerted to the elimination of these constitutional protections on homestead assessments. They are simply led to believe that they are preserved or revised. Plaintiff argues that the ballot summary is also misleading because it falsely suggests a minimum homestead exemption of $50,000 for everyone. Plaintiff also appears to argue that the ballot summary is misleading in that there would not be an increase in the homestead exemption for those persons who keep their Save-Our-Homes treatment and do not make the "irrevocable election." In light of the Court's findings above detennining that the ballot summary is misleading for the reasons stated, the Court does not deem it necessary to address these issues. 7 It is therefore ORDERED and ADJUDGED that Plaintiff's Motion for Summary Judgment is granted and the Court declares that the ballot summary for the proposed amendments relating to Ad Valorem Taxation: Assessments, Exemptions, Limitations, and Homesteads proposed by Senate Joint Resolution 4-B is misleading and inaccurate and shall not be placed on the ballot for a special election scheduled January 29, 2008. Defendants' Cross-Motion For Summary Judgment is denied. HOUSE BILL SB In light of the fact this Court has determined that the ballot summary of SJR 4-B shall not be placed on the ballot for the special election scheduled for January 29, 2008, pursuant to HB SB, the Court determines this issue to be moot and finds it unnecessary to render an opinion on whether or not HB SB violates the "single amendment or revision" requirement of section 5, Article XI of the Florida Constitution. HOUSE BILL 1B Plaintiffhas also requested a declaration that sections 1 through 12 of House Bill 1 B (HB 1 B) are unconstitutional, and an order enj oining the Department of Revenue from implementing the same prior to the passage of the amendments proposed in SJR 4-B. The Plaintiff contends that the provisions of sections 1 through 12 of HB 1 B impermissibly limit the authority of local governments, and specifically municipalities, to levy ad valorem taxes up to ten mills in violation of section 7, Article VII of the Florida Constitution "as it currently reads." The provisions of sections 1 through 12 became effective on June 21, 2007, when HB 1 B became law. These provisions do not relate to homestead protection. Sections 13 through 32 of HB 1B, "shall take effect only upon the effective date of amendments to the State Constitution contained in Senate Joint Resolution 4-B or House 8 Joint Resolution 3B revising the homestead tax exemption..." (Section 34, HB 1B, lines 1910- 1915, page 69). To resolve the present controversy, it is not essential that we examine the details of how the tax rate formulas are calculated or the exact nature of the limitations imposed upon the authority of municipalities. Plaintiff asserts, and Defendants do not contest, the effect of the challenged provisions is to place limits on the right of municipalities to assess up to ten mills of ad valorem taxes without meeting the appropriate requirements imposed by the challenged provisions contained in Sections 1-12 of HB 1 B. Plaintiff contends that the Legislature has no authority to limit municipal authority to assess up to ten mills of ad valorem taxes. To the contrary, Defendants contend that the Legislature has the absolute inherent and constitutional authority to do just that. Section 9, Article VII of the Florida Constitution provides in pertinent part: (a) Counties, school districts, and municipalities shall be authorized by law to levy ad valorem taxes.. . (b) Ad valorem taxes, ... ,shall not be levied in excess of the following millages upon assessed value of real estate and tangible personal property:... ;for all municipal purposes, ten mills; .. . Plaintiff relies substantially on statements contained in Advisory Opinion to the Attorney General re Tax Limitation, 644 So.2d 486 (Fla. 1994) and the language in section 9, Article VII of the Florida Constitution. The Court finds that Plaintiff's reliance on this authority is ill-founded. In the Tax Limitation decision, the Supreme Court was faced with the review of citizen initiated ballot initiatives and addressed them only to determine the single subject and fair notice requirements of those initiatives. Id. at 489. The language from section 9(a), Article VII quoted above specifically provides that the municipalities' right to assess "shall be authorized by law." The meaning and application of this language was discussed and decided in Florida Dept. of Education 9 v. Glasser, 622 So.2d 944 (Fla. 1993). As applied to school districts, the Supreme Court specifically rejected the argument Plaintiff makes in this proceeding, and the Court stated: The issue presented here is whether a school district has constitutional authority to levy such taxes in the absence of enabling legislation. We answer the query in the negative for the reasons hereinafter expressed. Id. at 946. Defendants rely upon the expressed language of section 9, Article VII of the Florida Constitution, as well as the inherent power of the Legislature to tax, subject to the constitutional ten mill limit when applied to municipalities, described by the Supreme Court in Belcher Oil Company v. Dade County, 271 So.2d 118 (Fla. 1972): As the Florida Constitution and the case law of this state evidence, the State, through the legislative branch of the government, possesses an inherent power to tax, and a municipality may exercise a taxing power only to the extent to which such power has been specifically granted to it by general law. (Citations omitted). The right to determine the subjects of taxation and exemptions therefrom is within the Legislature's prerogative in the exercise of its sovereign power. But this right is subject to the controlling constitutional limitations. (Citation omitted}, This Court has held in City of Tampa et al. v Birdsong, Supra, municipalities may not impose a particular tax unless specifically authorized by general law to do so. Id. at 122. Plaintiff has correctly pointed out to this Court that the Glasser decision applied to school districts, and that the Supreme Court specifically declined to say whether the Glasser opinion should be applied to counties, when it footnoted a decision as follows: We need not and therefore do not decide whether the full rationale of Glasser should be applied here... Whether the Legislature's power is any narrower in the context of county governmental taxation is a question we need not address today. Board of County Commissioners, Hernando County v. Fla. Dept. of Comm. Affairs, 626 So.2d 1330, 1332 n. 2 (Fla. 1993). 10 This Court cannot so decline because the issue has been squarely presented to the Court by the enactment of HB 1 B which is already in effect, and by the challenge to that legislation as it directly applies to municipal authority to levy taxes. The Court cannot find merit in Plaintiff s argument that municipalities should be treated differently than school districts for the purpose of determining the scope of the application to municipalities of section 9, Article VII of the Florida Constitution. Because the language granting and limiting the taxing authority contained in the constitutional provision is identical in pertinent part as to school districts and municipalities, and for all of the reasons set forth in Glasser as to the meaning of such language and authority, it is therefore ORDERED and ADJUDGED that Plaintiff s Motion for Summary Judgment is denied, and Defendants' Cross-Motion for Summary Judgment is granted, and the Court declares that Sections 1 through 12 of HB 1 B are not unconstitutional, and their application and enforcement shall not be enjoined until the passage of the constitutional amendments proposed in SJR 4-B and HB SB. Costs of this proceeding shall be paid by the party incurring the same. Motions for rehearing or clarification will not be entertained. DONE and ORDERED in Tallahassee ,Leon County Florida this 24`h day of September, 2007. CHARLES A. FRANCIS Chief Judge Signed ~ ~ ~~, Original to Clerk ^ l~ 11 Copies sent ------ ~' Copies furnished to: Jamie A. Cole, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, PL 200 E. Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Scott D. Makar, Esq. Solicitor General Officer of the Attorney General, State of Florida The Capitol PL-O1 Tallahassee, FL 32399-1050 Louis F. Hubener, III, Esq. Chief Deputy Solicitor General Office of the Attorney General, State of Florida The Capitol PL-O1 Tallahassee, FL 32399-1050 Lynn C. Hearn, Esq. General Counsel Secretary of State Florida Department of State R.A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 J. Bruce Hoffman, Esq. General Counsel Department of Revenue 204 Carlton Building P. 0. Box 6668 Tallahassee, FL 32314-6668 Robert Sugarman, Esq. Pedro Herrera, Esq. Sugarman and Susskind, PA 100 Miracle Mile, Suite 300 Coral Gables, FL 33134 12 „Mayer- challenges state tax changes ~~e~c~~o~t~ Mayor challenges state tax changes By ANA X. CERON Palm Beach Post Staff Writer Tuesday, July 10, 2007 Less than a month after state lawmakers passed a property tax overhaul that Gov. Charlie Crist heralded as the largest tax cut in state history, a Broward County mayor is calling the program unconstitutional. Page 1 e~ P~RINT~H IS Weston Mayor Eric Hersh filed a lawsuit with the Florida Supreme Court on Monday challenging key aspects of the tax plan, including the proposed constitutional amendment that will be put to voters in a Jan. 29 special election. - ~ The suit asks the court to direct Secretary of State Kurt Browning to remove the ~~ ~ ,~'~ "~~~ ~ ~ ro osed amendment from the ballot on the ounds it is "hi hl misleadin "and a 't ~ Post our p P ~ g Y g ~' comments referendum must be held during a regular election, as opposed to a special election. on this story below It also challenges the tax cuts passed into law this year, claiming that they infringe on local governments' constitutional right to decide how much taxes they can levy. Legislature 2007 •_~ d, ~~~ r-~ .~ ~4~ ~ ~ ~'. NEW Use our tax calculator to fmd your home's taxable value through 2023. Get the latest news on the session from Tallahassee. Q: Florida Politics blog '~ Inside scoop ~~ t= --_- ~~ on the session ` from Post staff ~. writers. Politics forum Hersh said he filed the paperwork because no one else had yet lodged a complaint. "Somebody had to step up and take the leadership role and stand up for what's right," Hersh said from the Fort Lauderdale office of his attorney, Jamie Alan Cole. State Senate President Ken Pruitt, R-Port St. Lucie, fired back in a prepared statement. "Mayor Hersh ought to find a way to cut the taxes in his own city instead of dreaming up ways to knock this good initiative off the ballot and derail the largest tax cut in Florida's history," Pruitt said. Crist on Monday morning said he wasn't aware of the suit. "People sue every day on all kinds of stuff," he said. But for Hersh, the battle is about getting the state to back off from the turf of local cities and counties. By telling cities they must roll back their tax rates, Cole said, the state is trampling on http://pahnbeachpost.printthis. clickability.com/pt/cpt?action=cpt&title=Mayor+challenges+state+tax+c... 7/10/2007 =,Mayor challenges state tax changes Take a look at housing in our area, which has become one of the U.S.' most volatile markets. Blogs, property Iistings, more NEWCalculate home value " u~ ; .I A look at the effects of a volatil housin market on homeowners and builders. Page 2 cities' constitutional tight to set local tax rates as high as $10 for every $1,000 in taxable property value. Hersh's suit asks the court to remove the restrictions from the tax changes approved by state lawmakers June 14 and signed into law by Crist. "It's a significant shift in representation from local government to Tallahassee," Hersh said. He also wants to remove from the special election ballot the proposed constitutional amendment that would let voters swap their Save Our Homes protection in exchange for a proposed "super exemption" tax savings program. The super exemptions would exempt from taxation 75 percent of the first $200,000 of property value and 15 percent of the next $300,000. Under Save Our Homes and the current homestead exemption amendment, yearly increases in assessed property values are capped at 3 percent and exemptions for most homestead owners are limited to $25,000. The suit argues that the ballot language on the amendment fails to spell out that the new tax program would mean the eventual end of Save Our Homes. It claims the ballot language falsely suggests that there would be a minimum homestead exemption of $50,000 for everyone, including those who choose to keep the assessment savings they've accrued under Save Our Homes. "People who will choose to keep their Save Our Homes protection will think, based on the language, that the homestead exemption will be increased from $25,000 to $50,000, when in fact it won't be," Cole said. =w ~ _,,, Another problem, Cole and Hersh say, is that the amendment, which would make ~~ x ' ~~ ~ Post several changes in the state constitution, is set for the January presidential primary. reporters' blog serves up latest They say that because there is more than one change proposed in the amendment, then. updates and chat on South state constitution calls for the referendum to be scheduled during a general election. Florida zeal estate. The soonest that could be is in November 2008. 1~+~h~3~~~~d Hersh, who'filed the challenge in his capacity as both a homeowner and Weston _~ ~ ''' Chat mayor, is encouraging other local officials from around the state to join the suit. about the maddening twists of homeowners insurance on our As far as he knew, however, no other county or city had decided to participate by blog. Monday late afternoon. More Florida news Latest state headlines Now that the Weston mayor has stepped up as the first challenger, other P.B. County, TCoast municipalities could be considering joining the move, said John Smith, assistant news director of legislative affairs for the Florida League of Cities. It s sometimes easier if ~ecial reports someone else goes first," Smith said. Weather ~ Traffic ~ Obituaries For now, Hersh is also awaiting word from the Supreme Court on whether it will take the case. The court had not reached a decision Monday but could decide on one of several options, spokesman Craig Waters said. It could dismiss the case, or ask for a response from Browning, who is named as a respondent in the case. It could also schedule a date for oral arguments or transfer the petition to a lower court. Find this article at: http ://pahnbeachpost.printthis.clickability.com/pt/cpt?action=cpt&title=Mayor+challenges+state+tax+c... 7/10/2007 South Florida real estate JTlie News-Press, news-press.com, Legislature, Tax reform plan challenged in court Page 1 of 2 Tax reform plan challenged in court Weston mayor files petition asking ballot proposal be scrapped By Aaron Deslatte news-press.com Tallahassee bureau Originally posted on July 10, 2007 TALLAHASSEE - A South Florida mayor is asking the state Supreme Court to scrap the property tax reform plan lawmakers passed last month. Lawyers for Weston Mayor Eric Hersh allege in the petition filed Monday that the tax freeze and cap improperly restricts local governments' taxing power and that a constitutional amendment headed to voters in January contains misleading information. Hersh is asking Florida's high court to block both the law and the ballot question. "I really felt an obligation to step forward and be a leader and send Tallahassee back to work to pass meaningful tax reform," Hersh said Monday, "because what they passed is really awful legislation." Lawmakers have been prepared for a legal fight over the tax-cutting plan expected to impose mammoth cuts on local government spending. Before lawmakers passed the plan in mid-June, the law firm representing Hersh - Weiss, Serota, Hellman, Pastoriza, Cole & Boniske - had released a legal•opinion suggesting it unconstitutionally tied the hands of local govemments. The new law passed by the Legislature in mid-June would impose $15.6 billion in cuts on cities and counties this fall and tie future property tax increases to a combination of growth and household income. ALSO FROM NEWS-PRESS.COM - Interactive mao: County property tax information - Expanded coverage: More news from the Leaislature - Tax calculator: How much would you ~av - Database: Homestead info by county DELIVERING YOUR WORLD • Subscribe to The News-Press • Place a classified ad • Printer friendly version • Email this article Hersh's lawsuit says the cut and cap is illegal because local governments are constitutionally empowered to impose property tax rates of up to 10 mills (or 1 percent of a property's value). In the separate Jan. 29 ballot question that asks voters to expand the homestead exemption offered to resident homeowners, lawmakers inserted a sentence that reads "by general law, the legislature shall limit the authority of counties, municipalities and special districts to increase" property taxes. Hersh's lawyer, Jamie Alan Cole, said the. Legislature was working backwards. "They're doing the legislation before the amendment gives them the authority to do the legislation." The lawsuit also claims the ballot :statement misleads homeowners by failing to note they'd have to give up their Save Our Homes tax lid to get the`"super" exemption, and by stating "everyone" receives at least a $50,000 homestead break when those who keep Save Our Homes do not. If approved by 60 percent of voters, the amendment would give the option of "super" homestead exemptions of $50,000 to as high as $195,000 to resident homeowners. Hersh also charges the Jan. 29 election date was selected improperly. The lawsuit names Florida Secretary of State Kurt Browning. Gov. Charlie Crist brushed off discussion of a legal challenge earlier Monday. "People sue every day about all kinds of stuff," he said. If the Supreme Court decides not to hear the case, Cole said his client would re-file the suit In circuit court. Senate Finance and Tax Chairman Mike Haridopolos, an Indialantic Republican who sponsored the proposed amendment, accused some disgruntled local governments of wanting to stand in the way of "meaningful" tax cuts. "I think this is just people who don't want to see a change in the status quo," he said. "Now they're going to have to pay high-priced lawyers to stop tax relief." http://www.news-press.co~/apps/pbcs.dlUarticle?AID=2007707100419 7/10/2007 ' T1ie~News-Press, news-press.com, Legislature, Tax reform plan challenged in court Page 2 of 2 Hersh said that although he was suing in his official capacity as mayor, no taxpayer funds would cover legal costs. Weston is a town of about 50,000 people near Fort Lauderdale that would lose about $1.5 million from the rollback this fall. He also refuted the claim that local governments were being obstructionists by offering to support ideas such as doubling the $25,000 homestead exemption, making Save Our Homes "portable" for homeowners, and allowing a cap on property tax revenue. "What they've done here is not meaningful," Hersh said. Legislative leaders were ready to shoot back at the mayor. "Mayor Hersh ought to find a way to cut the taxes in his own city instead of dreaming up ways to knock this good initiative off the ballot and derail the largest tax cut in Florida's history," said Senate President Ken Pruitt said in a statement. http://www.news-press.com/apps/pbcs.dlUarticle?AID=2007707100419 7/10/2007 r...... , JUDITH W. FELDMAN, Plaintiff, v. CITY OF NORTH MIAMI, et al., Defendants. IN THE CIRCUIT COURT OF THE I~ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDI~ GENERAL JURISDICTION DIVISI CASE NO. 06-24607-CA-07 FINAL SUMMARY JUDGMENT THIS CAUSE came before-this Court~on April 30, 2007 upon the rotions for summary judgment filed by Plaintiff, Judith Feldman ("Feldman' and Defendant, City of North Miami ("City") and Intervenor/Defendant, North~iami Community Redevelopment Agency ("CRA"), and the Court finding that tyre are no disputed issues of fact, and the parties stipulating that the case is "ripe" for summary judgment, makes the following declaration pursuant to Chapter 86, Florida Statutes, in the form of findings, conclusions, and orders: I. FINDINGS 1. The Proposed Amendment satisfies the requirements of § lOl.i61-(1), Florida Statutes. 2. Feldman has failed to establish that the Proposed Amendment is clearly and conclusively defective. Kamen v. Hargis, 769 So. 2d 1029 (Fla. 2000). 3. The summary of the Proposed Amendment fairly apprises the voters of the chief purpose of the Proposed Amendment. 4. The summary does not mislead the public. II. CONCLUSIONS ANJD ORDER OF THE COURT As a result, this Court CONCLUDES, ORDERS and ADJUDGES that: 1. The motions for summary judgment filed by the City and the CRA are hereby GRANTED and final summary judgment is entered in favor of the City and the CRA and against Feldman. 2. Feldman's motion for summary judgment is hereby DENIED. 3. The result of the election is hereby affirmed. 4. Feldman shall take nothing by this action and go hence without day. 5. The Court reserves jurisdiction for the imposition of costs, if any. DONE AND ORDERED in Chambers, at Miami-Dade County, Florida this Sw.S _ day of May, 2007. i~~~ ~ ~ ~~p7 ~CNMj M~ ~I~. .t~f.'~. CIRCUIT COURT JUDGE Copies furnished to: Ron Bradley Kurtz, Esq. George N. Meros, Jr., Esq. Joseph H. Serota, Esq. No Text About the Firm Weiss Serota Helfman Pastoriza Cole & Soniske, P.L., is one of the few Florida law firms with a practice primarily focused upon the representation of local governments and public-sector entities. For more than a decade, our AV rated firm has provided the broadest possible range of high-quality legal services, constantly evolving to meet the needs of municipalities, counties, special districts and other governmental entities throughout Florida. Our practice areas are structured to interact seamlessly with staff and elected officials and to respond to virtually all of the legal needs of public entities. The firm works in close cooperation with elected and appointed officials to ensure that local governments effectively meet the legal responsibilities and mandates of local, state and federal law. We understand that our role is to counsel and assist those officials, by providing a legal framework for decision making thus enabling them to meet their responsibilities and earn their constituents' confidence and trust. Whether our firm is involved in high-profile litigation or in the more conventional aspects of governmental law, we are committed to maintaining the highest standards of the legal profession. Our attorneys are dedicated to remaining on the cutting edge of their practice areas while faithfully serving the governments that retain us. The attorneys at Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., are dedicated to improving the quality of life through participation in a wide range of professional, civic, educational, cultural and religious organizations. In addition to serving on national, state and local Bar Association boards and committees, our attorneys teach at local universities, serve in local government and dedicate their time and resources to worthy causes. They actively support museums, schools, social service agencies, environmental and health-care groups, civil rights organizations and other major community institutions. Our firm endorses and applauds hands-on involvement by our attorneys because it strengthens the fabric of our society and is consistent with our philosophy of providing community leadership. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Municipal Full-Service Counsel As municipal governments struggle to operate in economically challenging times, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., provides a comprehensive scope of legal services that is both effective and cost-conscious. We meet all of the responsibilities of a city, town or village attorney, while making available a broad range of practice areas generally reserved for outside counsel. The firm. understands the political pressures facing elected and appointed officials, but strenuously avoids injecting itself in the political aspects of local government. This allows a public entity to meet its conventional legal responsibilities, while supplementing those capabilities with greater diversity of practice, all provided by a single team. The firm includes attorneys who have previously served in city and county legal departments, as well as litigators and practitioners with extensive experience in land-use and zoning, real estate, labor and employment, communications law and other vital areas of specialization. As a direct result of our representation of numerous municipalities, the firm drafts hundreds of resolutions and ordinances each year. Our attorneys strive to draft legislation that is both understandable to the general public and able to survive legal challenge. We maintain an extensive database of form resolutions and ordinances, and have Internet access to sample and model ordinances throughout the nation. Because the laws governing local government are very specific and ever- changing, the consequences of overlooking new legal requirements can be dramatic. That is why our attorneys remain abreast of the latest legislative and judicial developments in municipal law through a program of in-house training and continuing .professional education. They also are frequently requested to publish articles and make presentations to The Florida Bar, local bar associations, the National League of Cities, the Florida League of Cities and other prestigious organizations. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Special Counsel to Local Governments As municipal and county governments struggle to operate in economically challenging times, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., serves as special counsel to governmental law departments, providing an extensive array of legal services that is both effective and cost-conscious. Working closely with city and county attorneys, our legal team complements their efforts by making available a professional support system with considerable depth and experience. This enables a public entity to meet its conventional legal responsibilities, while supplementing those capabilities with greater diversity of practice. The firm includes attorneys who have previously served in city and county legal departments, as well as litigators and practitioners with extensive experience in land-use and zoning, real estate, labor and employment, communications law and other vital areas of specialization. Because we know the potentially severe consequences of overlooking new legal requirements, our attorneys remain abreast of the latest developments in municipal law through a program of in-house training and continuing professional education. They also are frequently requested to publish articles and make presentations to The Florida Bar, local bar associations, the National League of Cities, the Florida League of Cities and other prestigious organizations. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Litigation Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., maintains a diverse litigation practice, and has comprehensive experience in representing public entities in nearly every form and type of governmental dispute. We have represented public bodies at all levels of the state and federal courts systems, including the Florida Supreme Court and the United States Supreme Court. The firm is experienced at trying jury and non jury cases, as well as prosecuting and defending arbitrations and administrative proceedings. We also maintain an active appellate practice generated both by our own trial court litigation and by referrals from other attorneys. Our attorneys offer experience and specialized knowledge in many areas of governmental litigation, including government contracts, zoning and land use, real estate, employment and labor law, civil rights, election law, eminent domain and accessibility compliance, as well as a wide array of state and federal constitutional challenges. Our litigators' extensive record of reported court opinions has helped shape the law at the local, state and national levels. A list of reported trial and appellate cases follows. While engaging in zealous advocacy on behalf of the firm's clients, firm litigators seek to obtain optimum results in acost-effective manner. As a result, they are well versed in the most current alternative dispute resolution methods and are skilled in mediation and settlement techniques. Appeals The firm's appellate attorneys have considerable experience prosecuting and defending appeals and petitions on behalf of public sector clients before Florida's Circuit Courts and District Courts of Appeal, the Florida Supreme Court, the United States Circuit Courts of Appeals, the United States Supreme Court and appellate courts in other jurisdictions. This experience extends across many practice areas, including general governmental law matters, zoning and land use, bond validation proceedings, employment and labor matters (including wage and hour issues), environmental regulation, civil and constitutional rights, and ad valorem taxation. In addition to representing litigants, firm attorneys are regularly retained by public entities seeking to participate in appellate proceedings as amicus cuYiae or "friends of the court." WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. The firm's appellate attorneys often obtain and defeat extraordinary writs such as those for certiorari, mandamus, prohibition and quo warranto. Such writs are especially common when representing public bodies. The firm's expertise in appellate matters allows us to advise clients properly regarding the meaningful and cost-effective use of appellate stays, motions for rehearing and rehearing en Banc, and requests for certification of issues for further appellate review. Firm attorneys understand that a successful appeal requires the careful creation and preservation of the evidentiary record in proceedings before trial courts and administrative tribunals. To that end - in addition to working closely with the firm's trial attorneys -our appellate attorneys work with trial counsel outside the firm to consult before, during and after a trial to ensure that a proper record is created and preserved either to protect a successful trial court decision or verdict, or overturn an adverse ruling. Governmental Law Because the firm has significant expertise in many different areas of government practice, our experience in litigation in this area is extensive. Firm litigators have achieved significant results in key election cases [Abrams v. Reno, 452 F. Supp. 1166 (S.D. F1a.1978), aff'd 649 F.2d 342 (5th Cir. 1981), cert. denied, 455 U.S. 1016, 102 S. Ct. 1710 (1982) and Batten v. Metro. Dade County, 41 Fla. Supp.2d 192 (Fla. 11th Cir. Ct. 1990)]. The Firm has litigated cases before the Florida Supreme Court relating to the imposition of municipal taxes, the distinctions between special and general laws [City of Miami v. McGrath, 824 So. 2d 143 (Fla. 2002)] and numerous other issues relevant to local governments, including sovereign immunity [City of Miami v. Tarafa Construction, Inc., 696 So. 2d 1275 (Fla. 3d DCA 1997)] . Firm attorneys have experience in issues relating to the imposition of special assessments [Key Colony No. 1 Condo. Assn, Inc. v. Village of Key Biscayne, 651 So. 2d 779 (Fla. 3d DCA 1995)]; [Fla. Water & Utilities v. Cutler Ridge Ass'n., 376 So. 2d 273 (Fla. 3d DCA 1979)]; scope of state law preemption over coastal construction regulation [GLA and Assoc. v. City of Boca Raton, 2003 WL 21658472 (Fla. 4th DCA 2003)]; safe water issues [Legal Envtl. Assistance Found., Inc. v. Bd. of County Comm'r of Brevard County, 10 F.3d 1579 (11th Cir. 1994)]; and other general governmental issues such as health insurance plans [Dade County Police v. Metro. Dade County, 452 So. 2d 6 (Fla. 3d DCA 1984)]; the right to counsel in dependency cases; and county fiscal responsibility [Department of Health and Rehabilitative Services v. Loskev, 599 So. 2d 153 (Fla. 5th DCA 1992)]. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Labor, Employment and Civil Rights Litigation Because of the interplay among the firm's extensive governmental practice and its labor and litigation practices, our attorneys have had many opportunities to litigate key issues in the labor, employment and civil rights area. With regard to labor issues, firm lawyers have addressed, among other issues, a union's waiver of statutory rights [American Fed. of State v. Florida Pub. Emp. Rel., 430 So. 2d 481 (Fla. 1st DCA 1983)]; due process claims relating to collective bargaining [Fla. Lodge, Frat. Order of Police v. City of Hialeah, 815 F.2d 631 (11th Cir. 1987)]; pension issues [Melton v. Gunter, 773 F.2d 1548 (11th Cir. 1985)]; hiring practices involving smokers [City of North Miami Beach v. Kurtz, 653 So. 2d 1025 (Fla. 1995)]; application of the window of correction regulation under the Fair Labor Standards Act [Davis v. City of Hollywood, 120 F.3d 1178 (11th Cir. 1997)]; and breach of employment contracts [Williams v. Florida Mem'l College, 453 So. 2d 541 (Fla. 3d DCA 1984)]. Firm attorneys participate in labor arbitrations on a regular basis and have also created law in this area: arbitration report found ambiguous and reversed for finding just cause, but reversing on penalty as excessive [Dade County Police Benevolent Assn v. City of Homestead, 642 So. 2d 24 (Fla. 3d DCA 1994)]; internal affairs investigation documents not hearsay and relevant to motivation [Dade County Police Benevolent Assn v. Town of Surfside, 721 So. 2d 746 (Fla. 3d DCA 1998)]; dismissal, estoppel [Estep v. City of Hollywood, 5 Fla. L. Weekly 430 (Fla. 17th Cir. Ct. 1998)]; upholding bar or promissory estoppel against city [Leonardi v. City of Hollywood, 715 So. 2d 1007 (Fla. 4th DCA 1998)]; general employee discipline [Metropolitan Dade County v. Craven, 458 So. 2d 1145 (Fla.. 3d DCA 1984)]; employee discipline, due process [Metropolitan Dade County v. Solzolowski, 439 So. 2d 932 (Fla. 3d DCA 1983), pet. for rev. denied, 450 So. 2d 488 (Fla. 1984)]; and termination and benefits [Bozos v. Noe, 119 F.3d 9 (11th Cir. 1997)]. The firm has successfully litigated in jury and non jury trials key civil rights issues including the enforceability of an ordinance providing for pension benefits to elected officials [Branca v. City of Miramar, 634 So. 2d 604 (Fla. 1994) and Branca v. City of Miramar, 602 So. 2d 1374 (Fla. 4th DCA 1992)]; alleged violation of First Amendment right to free speech [Chernov v. City of Hollywood, 819 F. Supp. 1070 (S.D. Fla. 1993), affd 19 F.3d 1446 (11th Cir. 1994)]; age and national origin discrimination and retaliation [Fusaro v. Hialeah Housing Auth., 33 F. Supp. 2d 1354 (S.D. Fla. 1999), affd 232 F.3d 213 (11th Cir. 2000)]; false arrest [Ortega v. Christian, 85 F.3d 1521 (11th Cir. 1996)]; and enforcement of employment discrimination ordinance [Southern Records & Tape Serv. v. Goldman, 458 So. 2d 325 (Fla. 3d DCA 1984), aff'd 502 So. 2d 413 (Fla. 1986)]. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Real Estate, Zoning and Land Use Firm attorneys have also helped to shape Florida law in the areas of real estate and land use. They have litigated numerous cases relating to challenges of development order on grounds of alleged inconsistency with a local comprehensive master plan [Village of Key Biscayne v. Dade County, 627 So. 2d 1180 (Fla. 3d DCA), rev. denied, 639 So. 2d 976 (Fla. 1994); Das v. Osceola County, 685 So. 2d 990 (Fla. 5th DCA 1997); Restigouche v. Town of Jupiter, 845 F. Supp. 1540 (S.D. Fla. 1993), aff'd, 59 F.3d 1208 (11th Cir. 1995); Schumacher v. Town of Jupiter, 643 So. 2d 8 (Fla. 4th DCA 1994), rev. denied, 654 So. 2d 919 (Fla. 1995); and Section 28 Partnership, Ltd. v. Martin County, 676 So. 2d 532 (Fla. 4th DCA 1996), rev. denied, 686 So. 2d 581 (Fla. 1996), cert. denied, 117 S.Ct. 1553 (1997)]. Other cases include the validity of an amendment to the master plan [Village of Key Biscayne v. Dept. of Cmty Affairs, 696 So. 2d 495 (Fla. 3d DCA 1997)]; the competency of neighbor testimony [Metropolitan Dade County v. Blumenthal, 675 So. 2d 610 (Fla. 3d DCA)(en banc), rev. dismissed, 680 So. 2d 421 (Fla. 1996)]; the scope of "accessory use" and estoppel against enforcement of zoning code [Sun Cruz Casinos v. City of Hollywood, 844 So. 2d.681 (Fla 4th DCA 2003)]standing to challenge zoning [Pichette v. City of North Miami, 642 So. 2d 1165 (Fla. 3d DCA 1994)]; allegations of regulatory taking and due process violations [Town of Jupiter v. Michele Alexander, 747 So. 2d 395 (Fla. 4th DCA 1998), rev. denied, 729 So. 2d 389 (Fla. 1999)]; federal claims arising from approval of a residential community for marina and docking facilities [Woodrow Kantner, Trustee, Carolyn Weaver & YMCA v. Martin County, 929 F. Supp. 1482 (S.D. Fla. 1993), aff'd, 142 F.3d 1283, (11th Cir. 1998)]; and water rights [S&T Anchorage, Inc. v. Lewis, 575 So. 2d 696 (Fla. 3d DCA 1991)]. The firm is also experienced in litigation stemming from general real estate transactions as well as the enforcement of commercial leases [Coral Way Properties, Ltd. v. Roses, 565 So. 2d (Fla. 3d DCA 1990)] and [Simon v. Florida Mem'l College, 498 So. 2d 459 (Fla. 3d DCA 1986)]. General Commercial Litigation Firm attorneys have prosecuted and defended a wide variety of general commercial issues, including those establishing law in the areas of fiduciary relationships [Carpenter v. Cmty. Bank of Homestead, 710 So. 2d 65 (Fla. 3d DCA 1998)]; letters of credit [B. G.H. Ins. v. Presidential Fire & Cas., 549 So. 2d 197 (Fla. 3d DCA 1989)]; copyright infringement [Miller v. Universal Studios, 650 F.2d 1365 (11th Cir.1981)]; and construction arbitration [Post Tensioned Eng. Corp. v. Fairways Plaza Assoc., 412 So. 2d 871 (Fla. 3d DCA 1982)]. Firm lawyers have also established law relating to procedural issues such as the binding nature of stipulations [Lewis v. S&T Anchorage, Inc., 616 So. 2d 478 (Fla. 3d DCA 1993)]; and compulsory counterclaims [Cordero v. Capital Banl~ 693 So. 2d 720 (Fla. 3d DCA 1997)]. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Reported Opinions and Brief Case Descriptions Labor, Employment and Civil Rights Litigation American Fed. of State v. Florida Pub. Emp. Rel., 430 So. 2d 481 (Fla. 1st DCA 1983) [legality of union's waiver of statutory rights] Bal Harbour Village v. Florida Unemployment Appeals, 900 So.2d 771 (Fla. 31d DCA 2005) [Employee discharged for misconduct not entitled to unemployment compensation] Branca v. City of Miramar, 634 So. 2d 604 (Fla. 1994) [enforceability of ordinance providing for pension to mayor] Branca v. City of Miramar, 602 So. 2d 1374 (Fla. 4th DCA 1992) [enforceability of ordinance providing for pension to mayor] Chernov v. City of Hollywood, 819 F. Supp. 1070 (S.D. Fla. 1993) [civil rights claim; violation of First Amendment right to free speech] City of North Miami v. Kurtz, 653 So. 2d 1025 (Fla. 1995) [restraint on hiring smokers] Dade County Police BenevolentAss'n v. City of Homestead, 642 So. 2d 24 (Fla. 3d DCA 1994) [arbitration report found patently ambiguous for fording just cause and that penalty was too excessive and severe] Dade County Police Benevolent Assn v. Town of Surfside, 721 So. 2d 746 (Fla. 3d DCA 1998) [internal affairs investigation documents not hearsay on issue of investigator's motivation] Davis v. City of Hollywood, 120 F.3d 1178 (11th Cir. 1997), cert. denied, 523 U.S. 1133 [entitlement to past due overtime wages] Estep v. City of Hollywood, 5 Fla. L. Weekly 430 (Fla. 17th Cir. Ct. 1998) [dismissal, estoppel] Fernander v. Bonis, 947 So.2d 584 (Fla 4th DCA 2007) [Officer had probable cause to arrest -did not owe suspect duty] Fla. Lodge, Frat. Order of Police v. City of Hialeah, 815 F.2d 631 (11th Cir. 1987) [due process claim relating to collective bargaining] Fusaro v. Hialeah Housing Auth., 33 F. Supp 2d 1354 (S.D. Fla. 1999), affd 232 F.3d 213 (11th Cir. 2000) [discrimination and retaliation] Guess v. City of Miramar, 889 So.2d 840 (Fla. 4th DCA 2004) [Former police chief not entitled to civil rights act protection] WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Leonard v. Carmichael Properties & Mgmt. Co., Inc., 614 F. Supp. 1182 (D.C. Fla. 1985) [Fair Labor Standards Act] Leopardi v. City of Hollywood, 715 So. 2d 1007 (Fla. 4th DCA 1998) [upholding bar or promissory estoppel claim against city] Melton v. Gunter, 773 F.2d 1548 (1985) [constitutional law; pensions issues] Metropolitan Dade County v. Craven, 458 So. 2d 1145 (Fla. 3d DCA 1984) [employee discipline] Metropolitan Dade County v. Sokolowski, 439 So. 2d 932 (Fla. 3d DCA 1983), pet. for rev. denied, 450 So. 2d 488 (Fla. 1984) [employee discipline; due process] Metropolitan Dade County v. Taddia, 378 So. 2d 804 (Fla. 3d DCA 1980) [workers' compensation] Paschal v. FZoridaDept. of Labor, 456 U.S. 981(1982) [unemployment compensation] Perry v. Metro. Dade County, 427 So. 2d 295 (Fla. 3d DCA 1983) [witness fee] Rodriguez v. City of Hialeah, 716 F. Supp. 1425 (S.D.FIa. 1989) [civil rights claim; race discrimination due to accent] Pritchett v. City of Homestead, 855 So.2d 1164 (Fla. 3`d DCA 2003) [Alleged negligent police investigation not actionable] Southern Records & Tape Service v. Goldman, 458 So. 2d 325 (Fla. 3d DCA 1984), aff'd 502 So. 2d 413 (Fla. 1986) [enforcement of employment discrimination ordinance] Williams v. Florida Mem'Z College, 453 So. 2d 541 (Fla. 3d DCA 1984) [breach of employment contract] Governmental Law Abrams v. Reno, 452 F. Supp. 1166 (1978) [constitutional law; elections] Bal Harbour Village v. Welsh, 879 So.2d 1265 (Fla. 31d DCA 2004) [Ordinance can be enforced to abate nuisance] Batten v. Metro. Dade County, 41 Fla. Supp. 2d 192 (Fla. 11th Cir. Ct. 1990) [special taxing district; elections] City of Hollywood v. Diamond Parking, 2007 WL 518442 (Fla. 4th DCA 2007) [City had right to strictly enforce contract with developer] WEISS SEROTA HELFMAN PASTORIZA COLE 8z BONISKE, P.L. City of Hollywood v. Mulligan, 934 So.2d 1238 (Fla. 2006) [City's seizure of vehicle upon probable cause of use to facilitate prostitution was not a taking] City of Miami v. Tarafa Construction, Inc., 696 So. 2d 1275 (Fla. 3d DCA 1997) [sovereign immunity] City of Miami adv. McGrath, et al., 824 So. 2d 143 (Fla. 2002) [constitutionality of state's parking surcharge statute] Dade County Police v. Metro. Dade County, 452 So. 2d 6 (Fla. 3d DCA 1984) [health insurance plans] Department of Health and Rehabilitative Services v. Loskev, 599 So. 2d 153 (Fla. 5th DCA 1992) [constitutional right to counsel in dependency cases and county fiscal responsibility] First Union Nat'l Bank of Florida v. Ford, 636 So. 2d 523 (Fla. 5th DCA 1993) [taxation of county government center financed by lease/purchase certificates of participation] Fla. Water & Utilities v. Cutler Ridge Assn, 376 So. 2d 273 (Fla. 3d DCA 1979) [utilities dispute] GLA and Assoc. v. City of Boca Raton, 2003 WL 21658472 (Fla. 4th DCA 2003) [scope of state law preemption over coastal construction regulation] Homer & Bonner, P.A. v. Miami-Dade County, 884 So.2d 425 (Fla. 3rd DCA 2004) [Class action settlement with City affirmed] Key Colony No. 1 Condo. Association, Inc. v. Village of Key Biscayne, 651 So. 2d 779 (Fla. 3d DCA 1995) [appellants failed to overcome presumption of correctness of Village's fmdings underlying the assessment] Legal Envtl. Assistance Found., Inc. v. Bd. of County Comm'r of Brevard County, 10 F.3d 1579 (11th Cir. 1994) [EPA Safe Drinking Water Act and DEP authority over county deep water injection well permitting] Pharmcore, Inc. v. City of Hallandale Beach, 946 So.2d 550 (Fla. 3rd DCA 2006) [City could deny permit to change copy on non-conforming sign] Sun Cruz Casinos, LLC v. City of Hollywood, Florida, M.R., 844 So.2d 681 (Fla. 4cn DCA 2003) [City could enforce zoning code against gaming boat] WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Real Estate, Zoning and Land Use Redland Estates, inc. v. Lynn, 920 So. 2d 1218 (Fla. 3d DCA 2006) Bal Harbour Village v. City of North Miami, 678 So. 2d 356 (Fla. 3d DCA 1996) [upheld ordinance] Coral Way Prop., Ltd. v. Roses, 565 So. 2d (Fla. 3d DCA 1990) [enforcement of commercial lease] Metropolitan Dade County v. Blumenthal, 675 So. 2d 610 (Fla. 3d DCA) (en banc), rev. dism., 680 So. 2d 421 (Fla. 1996) [competence of neighbor testimony] Metropolitan Dade County v. Sunlink Corp., 642 So. 2d 551 (Fla. 3d DCA 1994) (en banc), rev. den., 651 So. 2d 1196 (Fla. 1995) [enforceability of covenant] Metropolitan Dade County v. Timinsky, 598 So. 2d 266 (Fla. 3d DCA 1992) Metropolitan Dade County v. Timinsky, 579 So. 2d 356 (Fla. 3d DCA 1991) Miami-Dade County v. Redland Estates, Inc. (Fla. 3rd DCA 2006) [Mobile home park destroyed in hurricane could be rebuilt without public hearing] Patchen v. Florida Department of Agriculture and Consumer Services, 906 So.2d 1005 (Fla. 2005) Pichette v. City of North Miami, 642 So. 2d 1165 (Fla. 3d DCA 1994) [standing to challenge zoning ordinance] Post Tensioned Eng. Corp. v. Fairways Plaza Assoc., 412 So. 2d 871 (Fla. 3d DCA 1982) [enforceability of arbitration clause in construction contract] Post Tensioned Eng. Corp. v. Fairways Plaza Assoc., 429 So. 2d 1212 (Fla. 3d DCA. 1983) [enforceability of arbitration clause in construction contract] Redland Estates v. Lynn, 920 So.2d 1218 (Fla. 3rd DCA 2006) [Disbursement of escrowed funds by attorney not actionable against attorney] Simon v. Florida Mem'Z College, 498 So. 2d 459 (Fla. 3d DCA 1986) [enforceability of commercial lease] S&TAnchorage, Inc. v. Lewis, 575 So. 2d 696 (Fla. 3d DCA 1991) [waterfront rights] Sun Cruz Casinos v. City of Hollywood, 844 So. 2d 681 (Fla. 4th DCA 2003) [scope of "accessory use" and estoppel against enforcement zoning code] WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Tesaurus Holdings, Inc. v. Village of Key Biscayne, 761 So. 2d 397 (Fla. 3d DCA 2000), rev. denied, 790 So. 2d 1108 (Fla. 2001) [ability of local government to require renewed consideration of master plan consistency] Village of Key Biscayne v. Dade County, 627 So. 2d 1180 (Fla. 3d DCA), rev. denied, 639 So. 2d 976 (Fla. 1994) [consistency between development order and master plan] Village of Key Biscayne v. Dept. of Community Affairs, 696 So. 2d 495 (Fla. 3d DCA 1997) [validity of amendment to master plan] General Litigation Bates v. Islamorada, (Fla. 3`d DCA 2006) [Village could recover attorneys' fees issued as sanction for time spent litigating amount of fees] B.G.H. Ins. v. Presidential Fire & Cas., 549 So. 2d 197 (Fla. 3d DCA 1989) [dissolution of injunction regarding letter of credit] Burger King Corp. v. Lee, 766 F. Supp. 1149 (S.D. Fla. 1991) [injunctive relief due to violation of franchise agreement] Carpenter. v. Cmty Bank of Homestead, 710 So. 2d 65 (Fla. 3d DCA 1998) [fiduciary relationship] City of Pompano v. Forman, 919 So.2d 692 (Fla. 4th DCA 2006) [Cities allowed to prove that statute requiring filing fees to Clerk of Court is unconstitutional] Cordero v. Capital Bank, 693 So. 2d 720 (Fla. 3d DCA 1997) [logical relationship test for compulsory counterclaims] Iskcon Miami, Inc. v. Metro. Dade County, 147 F.3d 1282 (11th Cir. 1998) [First Amendment freedom of speech] Lewis v. S&TAnchorage, Inc., 616 So. 2d 478 (Fla. 3d DCA 1993) [stipulation is binding on parties and court] Matalon v. Gre~an, 509 So. 2d 985 (Fla. 3d DCA 1987) [appeal of jury verdict fmding negligence regarding consignment of diamonds] Miller v. Universal Studios, 650 F.2d 1365 (11th Cir. 1981) [copyright infringement] Ortega v. Christian, 85 F.3d 1521 (11th Cir. 1996) [false arrest] WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Park A. Partners, Ltd. v. City of Miami, 844 So.2d 782 (Fla. 3rd DCA 2003) [Parties allowed to intervene in class action] PDA Realty, Inc. v. City of Hollywood, 663 So. 2d 11 (Fla. 4th DCA 1995) Rozos v. Noe, 119 F.3d 9 (11th Cir. 1997) Sansbury v. City of Orlando, 654 So. 2d 965 (Fla. 5th DCA 1995) [upholding juvenile curfew] Sterling Crest, LTD v. Citicorp Real Estate, Inc., 613 So. 2d 32 (Fla. 2d DCA 1993) Elections/Special Taxing Districts Batten v. Metro. Dade County, 41 Fla. Supp.2d 192 (Fla. 11th Cir. Ct. 1990) Bankruptcy In Re: Inn On The Bay, Ltd., 154 B.R. 364 (S.D. Fla. 1993), dism., (S.D. Fla. Oct. 21, 1993) Miami Center Liquidating Trust v. Dade County, 75 B.R. 61 (S.D. Fla.), dism., Case No. 87-5528 (11th Cir. 1987) WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Labor and Employment Law The public sector remains one of Florida's largest employers, placing a significant burden on government entities to deal with issues pertaining to labor and employment law. Attorneys at Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., have decades of collective experience representing public employers and providing counsel on a wide range of labor and employment-related matters, including: Discrimination and Retaliation Law The firm represents employers in connection with matters arising under various state and federal employment laws. These include Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1871 (42 U.S.C. § 1983), the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Family and Medical Leave Act, the Equal Pay Act, the Pregnancy Discrimination Act, the Florida Civil Rights Act of 1992 and the Florida Whistle-Blower's Act. In addition, our attorneys are experienced in achieving and maintaining EEO Compliance and representing employers before state and federal regulatory agencies that enforce these requirements. Wage and Hour Law The firm advises clients regarding the wage and hour requirements of the Fair Labor Standards Act (FLSA) and, if necessary, represents those clients in litigation and administrative proceedings. Our attorneys frequently lecture on various aspects of the FLSA and related laws, including the proper handling of U.S. Department of Labor investigations, and emerging trends in wage and hour laws. We also conduct wage and hour compliance audits. Collective Bargaining The firm is regularly called upon to conduct contract negotiations on behalf of public entities. This includes working with staff to help establish benefit and wage levels, developing proposals and making suggested changes to collective bargaining agreements. Our attorneys can serve as negotiators or members of a WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. negotiating team. In the course of this representation, we are available to prepare proposals and counter-proposals, and to analyze offers made by a union's collective bargaining agent. Post-Negotiation Consulting and Training The firm conducts post-negotiation training of affected supervisors to help implement changes to collective bargaining agreements. We also are available throughout the term of such an agreement to advise on its interpretation and compliance. Proceedings before the Florida Public Employers Relations Commission (PERC) As the need arises, we represent employers in proceedings before PERC dealing with unfair labor practice charges, unit certification and clarification proceedings, manageriaUconfidential issues and other matters in accordance with Chapter 447, Florida Statutes. Personnel Matters The firm provides relevant and practical advice to public employers of all sizes in regard to discipline, discharge, progressive discipline and compliance with proper personnel practices. Our attorneys review and analyze personnel files to assure employers that disciplinary actions are appropriate, adequately documented and ultimately upheld. We write and conduct regular, timely reviews of personnel manuals to ensure that they are updated and fully compliant with all aspects of the law. The firm also provides representation when personnel decisions are appealed or challenged by employees, either in arbitration or in administrative proceedings such as unemployment compensation appeals. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Labor-Related Litigation Our employment and labor litigation attorneys have represented employers at all levels of the state and federal court systems as well as in administrative and arbitral proceedings. In addition to providing their courtroom skills, our litigators advise clients when the consequences and costs of adversarial proceedings outweigh the potential benefits. In such instances, they are fully versed in applying the most current alternative dispute resolution mechanisms, and may recommend mediation techniques and other forms of out-of--court dispute resolution. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, $L. Land Use and Zoning Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., has extensive experience in representing local governments in all aspects of land use and zoning. Our unique group of attorneys provides advice and counsel to local governments on a range of issues from building permits to state-mandated comprehensive master plans and land development regulations. We provide advice to administrative officials, draft ordinances and resolutions, and provide guidance to boards, councils and commissions in the course of public hearings, with particular attention to the quasi judicial nature of many of the proceedings. In addition to the full scope of land use and zoning advice provided in the general administration of government, we also provide unique and comprehensive help to governmental agencies undertaking public development projects, such as police and fire stations, sports arenas and stadiums, commercial parks, marinas and water/sewer treatment facilities. We are uniquely qualified in handling such matters, including the most sophisticated large-scale projects and Developments of Regional Impact. Our attorneys are regarded locally as well as nationally for their knowledge of growth management issues and complex zoning issues, such as "takings," development exactions, impact fees and other similar issues facing most governmental agencies. Land Use The State of Florida's Growth Management Act has mandated and imposed significant responsibility on local government to enact and implement comprehensive master plans to guide the growth and development of counties and municipalities. The firm's attorneys practicing in this area have extensive and unique experience. Not only have these attorneys spent years providing advice and counsel to local governments on land use issues, but many have actually served on local and state planning boards charged with reviewing and evaluating comprehensive plans and land use issues. These same attorneys have been instrumental in preparing and drafting local government comprehensive plans, and, in many instances, processing those plans and amendments through the state approval process. The attorneys in this practice area regularly provide advice and counsel to local government elected officials and administrative staff on the proper interpretation and application of comprehensive land use master plans. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. As part of our continuing practice of representing local governments, we provide advice and direction to elected and appointed officials during the sometimes complicated public hearing process associated with the adoption and implementation of comprehensive land use plans. Our attorneys provide both substantive as well as procedural guidance on the conduct of such proceedings. We are always aware of the potential challenge to any local government action and, in that regard, we make every effort to ensure that a proper record of the proceedings is preserved. Zoning The State of Florida's Growth Management Act also requires that every local government implement its comprehensive plans through the adoption of land develop- ment regulations, including zoning ordinances. Our attorneys have years of experience preparing, interpreting and applying land development regulations, particularly zoning ordinances. We routinely prepare land development regulations and zoning ordinances for local governments. We regularly provide advice to both the elected officials and administrative staff on the application, implementation and interpretation of local land development regulations. That work includes providing general day-to-day advice to planning and zoning officials involved in the permitting of projects, as well as to elected and appointed boards reviewing and acting upon zoning applications, such as rezonings, variances, special exceptions and other development approval applications. Our attorneys have outstanding experience working with boards and commissions in the quasi judicial process of considering zoning requests. That experience includes attending and providing advice and counsel at hundreds of quasi judicial hearings and proceedings. Building and Permitting As part of our regular practice, the attorneys within this practice group regularly provide advice to local government staff and building officials on the application, interpretation and implementation of building codes, life safety regulations and other permitting regulations that govern the development of land and construction of properties. Our attorneys draw on years of experience in all aspects of regulation in providing advice on issues of enforcement and violations. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Real Estate Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., has a unique group of attorneys with extensive experience in representing local governments in all aspects of real estate transactions. We frequently represent municipalities in matters as simple as the leasing of space for governmental offices to transactions as complex as public/private joint ventures in the development of major public facilities, such as professional sports stadiums and town centers. Our attorneys understand the unique issues involved in working with governmental entities, including the application of public records and Sunshine laws, as well as the acquisition, financing and development of public lands. These issues may involve extraordinary competitive bidding problems, unusual approval processes, such as public referendums, and other matters unique to public property. Recently, we have been principally involved in some of the most notable and complex transactions in Florida, including the purchase by the City of Boca Raton of the Blue Lake/IBM property, the Homestead/Miami-Dade Motorsports Complex and the recent Miramar Town Center project. We also serve as counsel to state agencies, including the Florida Department of Transportation, in their joint public/private development of state lands. We provide our public clients advice in all phases of leasing, title and diligence, and financing. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Public/Private Transactions Public/private partnership programs have become an increasingly popular option for the betterment of local economic conditions and the expansion of public services with cost-effective results. As a law firm with a long history of representing both government and corporate clients, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., brings an informed perspective to public/private transaction process. The success of public/private transactions relies heavily on the ability of the private sector partner to achieve its fmancial goals, while at the same time allowing the public sector partner to satisfy its needs and maintain voters' consensus. Our attorneys have the vision and experience to recognize the long-term objectives of both partners in such transactions. This experience allows them to recommend courses of action to achieve that delicate balance and bring about mutually rewarding arrangements. In the past quarter century, firm attorneys have been instrumental in arranging some of Florida's most high-profile and complex public/private transactions, including: • A 99-year lease between the Florida Department of Transportation and a limited partnership, managed by the Swerdlow Group, for development of the Cypress Creek Park and Ride facility in Broward County. • A long-term lease between Miami-Dade County and ownership of the Miami Dolphins NFL franchise. • A contract between Miami-Dade County and Montenay Power Corp. for construction of one of the world's largest resource recovery plants. • A lease between the City of Homestead and the Miami Grand Prix to create and build aworld-class motor sports complex. • An agreement between American Airlines and Miami-Dade County for the $1.5 billion construction, renovation and financing of the air carrier's terminal at Miami International Airport. • A $10.6 million incentive package offered to bring Cunard Lines and the Queen Elizabeth II cruise ship to Miami-Dade County. WEISS SEROTA HELFMAN PASTORIZA COLE 8L BONISKE, P.L. Eminent Domain Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., attorneys have substantial expertise in the rapidly changing field of eminent domain and takings. Our attorneys have represented numerous state agencies, transportation authorities, regional governments, municipalities, and community redevelopment agencies in condemning hundreds of parcels. The firm currently serves as eminent domain counsel to a wide variety of governmental entities in acquiring transportation rights-of--way, constructing buildings and public works projects, securing sites for schools and other educational facilities, creating affordable housing and stimulating community redevelopment. The firm's extensive eminent domain background includes managing large multi- parcel acquisition projects from inception through final judgment. The firm frequently assists governmental entities by establishing programs for early acquisition of parcels through negotiated conveyance to avoid, when possible, the time, risk, and expense of eminent domain litigation. As to those parcels that cannot be acquired by negotiated conveyance, firm attorneys have a strong record of successfully litigating eminent domain trials through verdict and on appeal. As regulation of real property becomes more complex, property owners increasingly make demands upon the government for relief from restrictions that lower the value of their property. The firm's attorneys have litigated complex inverse condemnation claims on behalf of state, regional and local government entities. Eminent domain statutes and laws governing physical and regulatory takings change constantly, and the firm strives to maintain its expertise by participating in eminent domain organizations and following current trends in the field. Firm attorneys lecture regularly in the area of eminent domain and takings and serve on the Florida Bar Eminent Domain Committee. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Code Enforcement The attorneys at Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., who specialize in code enforcement matters represent municipalities in prosecuting code enforcement violations and advise the code enforcement boards or special magistrates who render decisions in these cases. Firm attorneys are involved on a daily basis in seeking to efficiently and economically enforce governmental codes and regulations. The firm has drafted or amended numerous code enforcement ordinances to meet the varying needs of its municipal clients. Beyond representation in the standard code enforcement hearings pursuant to Chapter 162, Florida Statutes, when necessary the firm also works to ensure that municipal codes are enforced by filing actions for injunctions or bringing violators before unsafe structures boards. When traditional methods of enforcement do not obtain compliance, the firm is also active in foreclosing on code enforcement liens and assessments and in filing actions for money judgments. Finally, the firm has an active practice in defending appeals of the decisions of the code enforcement boards and special magistrates before judicial tribunals. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Foreclosures Collection of liens is not only a source of revenue to our governmental clients, but foreclosure actions are, in many cases, the only method available to obtain compliance with violations of the city codes. Fortunately, since both the municipal codes and Florida Statutes provide for reimbursement of fees and costs as part of a foreclosure judgment, once a foreclosure action is concluded, the municipalities are not out of pocket for any fees or costs of collection. It has been our experience that the vast majority of foreclosure actions are resolved without the need for a foreclosure sale of the property. Therefore, the Liens and Collections Department has a strong record of collection for its clients, collecting $800,000 in fiscal year 2004 alone. Representative clients using the firm's expertise in the Liens and Collections area include the cities of Miramar, Homestead, Weston, Hollywood, and Bal Harbour. In addition, the firm handles the lien and collection work for The Town Foundation, Inc., the Board of Directors of which is comprised of the City of Weston's Mayor and City Commissioners. The firm has handled in excess of 300 cases for the Foundation, and has been extremely successful with its collection efforts. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Construction The Firm's Construction Law Practice was established to provide service to clients in both transactional and adversarial aspects of Construction Law. The Firm represents participants in virtually all aspects of the construction process, including governmental entities, private developers, private owners, contractors, sub-contractors design professionals. Uniquely, the Firm's Construction Department uses in-house professional engineering expertise to supplement and reduce the need to call upon outside experts. The result is more rapid identification of construction technical issues and great cost savings to the client. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Environmental Law The Public Environmental Law Group handles all areas of local government environmental law including water quality and supply, air quality, landscaping requirements and tree preservation, wetlands permitting, storage tank regulation, regulation of hazardous materials and wastes including Superfund sites, brown fields redevelopment, and environmental code enforcement. Our attorneys have significant experience in all areas of environmental regulation representing both private and public sector entities in compliance, defense and enforcement matters. We regularly work with the U.S. Environmental Protection Agency, the Federal Energy Regulatory Commission, the Florida Department of Environmental Protection, the Florida Department of Community Affairs, the Florida Fish and Wildlife Conservation Commission, regional Florida Water Management Districts and local government environmental agencies such as the Miami Dade Department of Environmental Resource Management WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Communications and Cable Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. provides municipal and county clients with a wide variety of legal services pertaining to the telephone, cable television and wireless industries. Our knowledge of these fields results from years of experience working in this dynamic, ever-changing field and applying state and federal telecommunications laws at the local level. The firm provides legal counsel with regard to changing laws pertaining to the telecommunications industry, and represents local governments in nearly every aspect pertaining to phase of the law, from pole attachment and rights-of--way to tax and franchise fee audits. The firm represents local governments with respect to virtually every issue involving the cable industry, including the drafting and amendment of ordinances to comply with changes in law. We have negotiated franchise agreements with the nation's most powerful cable television companies, and we are well versed in evolving video distribution technologies. The firm drafts ordinances and advises local governments on regulating the placement and maintenance of wireless facilities, under applicable state and federal laws, including the Telecommunications Act of 1996. We provide counsel and legal services on applications for permits for towers and antennas, and advise and assist local governments with lease negotiations for wireless facilities on public property. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Lynn M. Dannheisser E-mail: ldannheisser(cr~,wsh-law.com Ms. Dannheisser is a Partner of the firm specializing in land use, real estate and municipal law. Prior to joining Weiss Serota Helfinan Pastoriza Cole & Boniske, P.L., she served for eight years as city attorney for the City of Sunny Isles Beach, Florida, where she was responsible for drafting some of the most progressive land development regulations in the state. She has also been city attorney for the Village of Pinecrest and the City of South Miami, and she drafted the charters for several municipalities. Ms. Dannheisser has more than twenty- five years of private and public sector legal experience, currently representing developers in several jurisdictions and representing several cities as special counsel. She has been named one of the Top Women in Commercial Real Estate by the South Florida Business Journal. EDUCATION: University ofMiami (J.D., 1976) University of California (.B.A., with Honors, 1973) PROFESSIONAL ACTIVITIES: Former Board Member, Miami Children's Hospital Member, Miami-Dade Charter Review Task Force PUBLICATIONS: Author, "What's Wrong with Me? Frustrated Patient's Guide to Self-Diagnosis," McGraw-Hill, May 2005 Author, "Diary of a Hurricane Survivor," Redbook, August 1993 Author, "Grape Jelly Fingerprints on Your Career," The Florida Bar Journal, November 1984 PROFESSIONAL RECOGNITION: Martindale Hubbell "AV" Rated WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Jeff P. H. Cazeau E-mail: jcazeau(a,wsh-law.com Mr. Cazeau represents local governments, private businesses and individuals in land use, zoning, and general government and procurement matters. His particular emphasis is the counseling of minority-owned, women-owned businesses and majority-owned businesses in government contracts and procurement matters as well as representing clients in resolving government contract disputes such as bid protests. Additionally he represents municipal clients, developers, general contractors and subcontractors in construction matters. Before attending law school, Mr. Cazeau served nine years as a commissioned Officer in the United States Navy. During his naval career he held several positions including Anti- submarine Warfare Officer, Legal Officer, and Navigator aboard USS ELLIOT (DD 967) and Politico-Military Affairs Officer at United States Southern Command (SOUTHCOM). In law school, Mr. Cazeau served as Student Bar Association President and was a recipient of numerous awards, honors, and scholarships. Most notably, Mr. Cazeau is a member of the prestigious Iron Arrow Society and is a recipient of the Roger Sorino Award; an award that designates one student as the most outstanding graduate in their class. Mr. Cazeau remains active in several civic and professional organizations including Switchboard of Miami, the Haitian Lawyers Association and the Dade County Bar Association. EDUCATION: University of Miami School of Law (J.D., with Honors, 2002) State University of New York at Stony Brook (B.A., 1990) PROFESSIONAL ACTIVITIES: President, Haitian Lawyers Association Treasurer, University of Miami Law Alumni Association Board Member, Dade County Bar Association Member, Florida Supreme Court Standing Committee on Fairness and Diversity Guardian Ad Litem, Lawyers for Children America CIVIC ACTIVITIES: Board Member, Switchboard of Miami Advisory Board Member, Miami Edison Senior High School, Law and Public Service Academy PUBLICATIONS: Make Good Faith Efforts and Back Them Up. Airport Revenue News, June 2007 Does a Florida Minority Shareholder in a Closely Held Corporation Owe a Fiduciary Duty to Fellow Shareholders? 79 Fla. B. J. 55 (2005). European Security and Defense Policy Under the Gun. 10 U. Miami Int'1 & Comp. L. Rev. 57 (2002). WEISS SEROTA HELFMAN PASTORIZA COLE 8z BONISKE, P.L. Nina L. Boniske E-mail: nboniskena,wsh-law.com Ms. Boniske is a Member of the firm specializing in government relations, local government law, municipal finance and labor law. She concentrates her practice primarily on the representation of newly-formed municipalities and representation of management in labor and union matters. She is Board Certified by the Florida Bar in City, County and Local Government Law and was part of the inaugural certification group for this practice area in 1996. Ms. Boniske currently serves as City Attorney for Islamorada Village of Islands and the Town of Miami Lakes. She has served as the attorney for Miami Lakes since its initial incorporation. Prior to joining the firm, Ms. Boniske served as an Assistant City Attorney for the City of Sunrise, Fl., and as an Assistant County Attorney for Brevard County, Fl., She also advises firm clients on personnel and labor issues and, when time permits, represents private clients before public entities. EDUCATION: University ofMianu (J.D., cum laude, 1988) University of Florida (B.D., 1982) PROFESSIONAL ACTIVITIES: Executive Council, The Florida Bar, City, County and Local Government Law Section, 1996 Member, Florida Municipal Attorney's Association Member, Florida Public Employers Labor Relations Association WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Mitchell J. Burnstein E-mail: mburnstein(a~wsh-law.com Mr. Burnstein is a Member of the firm specializing in eminent domain, inverse condemnation, and constitutional takings. He established the firm's Eminent Domain Practice Group and serves as lead counsel to local and regional public sector clients, private property owners, and businesses. Previously, he served as an Assistant Attorney General in the Eminent Domain Division under Attorney General Robert Butterworth and served as an Assistant State Attorney in the position of Lead Prosecutor in the Felony Trial Division. Mr. Burnstein is an AV-rated lawyer and has acted as lead counsel in more than 80 jury trials in state and federal courts during his career. He is a frequent author and lecturer on takings issues. EDUCATION: University of Florida College of Law (J.D., 1989) Emory University (B.A., 1986) PROFESSIONAL ACTIVITIES: Chair, Seventeenth Judicial Circuit Grievance Committee Counselor, Stephen R. Booher American Inns of Court Member, The Florida Bar Eminent Domain Committee Member, Broward County Land Preservation Advisory Board WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Ignacio G. del Valle E-mail: idelvalle(~wsh-law.com Mr. del Valle, a Partner of the firm, is a highly accomplished attorney with over 30 years of real estate, banking, corporate and general commercial practice. He also has particular experience in complex public/private transactions. He is admitted to practice in the State of Florida and in the U.S. District Court, Southern District of Florida and U.S. Court of Appeals, Eleventh Circuit. He has handled a wide range of complex transactions including real estate negotiations, acquisitions, sales, financing, construction, management and leasing of commercial, residential and industrial properties. He has represented real estate investment funds and other investors in the acquisition, leasing, managing and disposition of rental apartment complexes, shopping centers and office buildings; an investment group in the acquisition and subsequent sale of a ski resort in Colorado; a national real estate advisor and asset manager for pension funds in connection with all of its business activities and financial institutions in connection with a wide range of real estate and asset based lending transactions, including participations. He serves as a title agent for several of the major title insurance companies. He has handled the sale and purchase of businesses, by means of both stock and asset sales, and engaged in other corporate transactions, such as reorganizations and redemptions. He advises businesses as to a variety of legal matters, including formation, maintenance and dissolution of business entities, and in the analysis of the proper type of entity for the specific transaction. He has engaged in the negotiation and preparation of a full range of contracts and agreements which may be encountered in business and commerce, and other general corporate matters. He has handled the creation of many corporations, partnerships, limited liability companies, and with respect thereto has prepared all of the necessary corporate documentation, shareholder agreements, partnership agreements and operating agreements. Mr. del Valle is a native of Havana, Cuba and is fluent in Spanish and English. He has a Martindale-Hubbell AV rating, member of Tau Beta Pi, National Engineering Honor Society, Phi Lambda Upsilon, National Chemistry Honor Society, and Co-Patentee of a U.S. Patent related to the Desulfurization of Fuel Oil. EDUCATION: University of Miami School of Law (J.D., 1973) Louisiana State University (M.S., Chemical Engineering, 1970) Louisiana State University (B.S., Chemical Engineering, 1965) PROFESSIONAL AND CIVIC ACTIVITIES: Director and Legal Counsel, Totalbank (1979-1990) Director, Kairos Ecumenical Prison Ministry (1983-2001) Director and Legal Counsel, Habitat for Humanity of Greater Miami (1990-1994) WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Raquel Elejabarrieta E-mail: relejabarrietanwsh-law.com Ms. Elejabarrieta is an associate with the firm and a member of the Labor and Employment Group. She is a magna cum laude graduate of the University of Miami School of Law where she also served on the Law Review. Ms. Elejabarrieta has experience representing both public and private sector employers in a wide range of employment and labor matters. She has represented clients in wrongful termination, wage and hour, labor negotiations, arbitrations, preventative labor relations and employment discrimination matters. In addition, she provides counseling to employers on a variety of issues arising under federal, state and local labor and employment laws, rules and regulations. Ms. Elejabarrieta also assists employers in the implementation and review of human resources policies and procedures thus placing them in compliance with legal requirements. Ms. Elejabarrieta previously served as a law clerk for the Honorable Dimitrouleas for the United States District Court Southern District of Florida. EDUCATION: University of Miami School of Law (J.D., magna cum laude, 2002) Florida International University (B.B.A., 1995) WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Douglas R. Gonzales E-mail: d~onzales(a~wsh-law.com Mr. Gonzales is a Partner of the firm focusing on general, municipal representation, as well as general and municipal litigation. He has extensive experience in government law, having served as Municipal Prosecutor and Assistant City Attorney for the City of Hollywood, as well as an Assistant City Attorney for the City of Plantation, Florida. Mr. Gonzales currently serves as the Municipal Prosecutor for the City of Weston. Before joining the firm, Mr. Gonzales had already developed significant experience in the public sector and continues litigating landlord/tenant matters, foreclosures, forfeitures, bankruptcies, code enforcement and other matters. EDUCATION: University of Florida College of Law (J.D., 1989) University of Florida (B.S.B.A., With Honors 1985) PROFESSIONAL ACTIVITIES: Member, Stephen Booher Inn of Court CIVIC ACTIVITIES: Past Vice Chair, Inaugural Historic Preservation Board for the City of Hollywood, Florida. Board of Directors (Session), First Presbyterian Church of Hollywood, Florida. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. John J. Kendrick III E-mail: jkendrick(c~wsh-law.com Mr. Kendrick is an associate with the firm specializing in complex real estate, transactions for both public and private clients and commercial lending. He has experience in the sale and purchase of commercial properties, commercial leasing and related transactions, secured lending and commercial lending representation. Mr. Kendrick also has experience in corporate and securities law, banking law, venture capital, and mergers and acquisitions. EDUCATION: University ofMiami School ofLaw (J.D., 2000) University of Texas atDallas (B.A., 1997) PROFESSIONAL ACTIVITIES: Member, The Texas Bar Member, Dallas Bar Association Member, Dallas Association of Young Lawyers WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Harlene S. Kennedy E-mail: skennedy(a~wsh-law.com Ms. Kennedy is an associate with the firm specializing in municipal law and real estate. She has extensive experience in both areas, having served as a city attorney in Texas specializing in the areas of public works and eminent domain and in private practice in Texas and New York in real estate law. Ms. Kennedy began her legal career on Wall Street at Cadwalader Wickersham and Taft as a real estate associate. She later moved to Texas and joined Akin, Gump as a real estate associate and subsequently joined a local San Antonio firm as a real estate partner. Ms. Kennedy then became a city attorney in San Antonio in charge of the Public Works Department and later in charge of the City's eminent domain matters. She has returned home to South Florida where she grew up and has family ties. EDUCATION: University of Miami (B.A. -Cum Laude) University of Oklahoma (J.D. -Cum Laude) New York University School of Law PROFESSIONAL ACTIVITIES: Member, San Antonio Historic Design and Review Commission Member, Leadership San Antonio XIX; Steering Committee XXI Member, Florida Association for Women Lawyers Member, Texas Bar Association CIVIC ACTIVITIES: Member, San Antonio Chamber of Commerce WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Alexander L. Palenzuela-Mauri E-mail: apalenzuela(c~wsh-law.com Mr. Palenzuela is an associate with the firm specializing in labor and employment law at both the trial and appellate levels. He has extensive experience in government law and code enforcement issues, having been a member of the litigation team in the City Attorney's office of the City of Hialeah, where he practiced labor/employment law, civil rights law, bankruptcy law, personal injury defense, and foreclosure. EDUCATION: University of Miami School of Law (J.D., 1992) Georgetown University (BSFS, 1989) Institut d'etudes politiques de Paris, (1988) CIVIC ACTIVITIES: Participated in Cuban-American Bar Association Divorce Clinics, 1992-1999 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Michael S. Popok E-mail: mpopok(cr~,wsh-law.com Mr. Popok is a Member of the firm and a senior member of its Litigation Group, specializing in complex commercial, governmental and municipal litigation. He is an experienced trial attorney with extensive experience in the areas of breach of contract, real estate, land use/zoning, product's liability, construction, business torts, and fraud litigation, in both state and federal courts. Mr. Popok also represents individuals and companies in a wide range of white collar and civil enforcement matters involving public corruption, grand jury investigations, economic crimes, fraud, environmental crimes, theft and RICO. Prior to relocating to Florida in 1996, Mr. Popok was associated with Skadden Arps Slate Meagher & Flom and Sidley & Austin in New York in both their White Collar and Litigation Groups. EDUCATION: Duke University School of Law (J.D., 1991) New York University (B.A., cum laude and Phi Beta Kappa 1988) PROFESSIONAL ACTIVITIES: Member, Dade County Bar Association, Civil Litigation, Corporate Litigation and Professionalism Committees Treasurer, Duke University Alumni Association of South Florida Member, New York Bar Member, United States District Court, Southern and Eastern Districts of New York Member, Association of the Bar of the City of New York Member, Labor and Employment and White Collar Defense Sections of the ABA PUBLISHED DECISIONS: Mancini Enterprises v. American Express Co., 236 FRD 695 (S.D. Fla. 2006) Redland Estates v. Lynn, 920 So. 2d 1218 (Fla. 3d DCA 2006) City of Hollywood, Florida v. Witt, 868 So. 2d 1214 (Fla. 4th DCA 2004) City of Hollywood, Florida. v. Diamond on the Beach, Inc., 955 So. 2d 87 (Fla. 4th DCA 2004) Reuter Recycling of Florida, Inc. v. City of Pompano Beach, 859 So. 2d 1271 (Fla. 4th DCA 2003) Sherman v. Bell Atlantic, 43 U.S. P. Q. 2d 1024 (S.D.N.Y. 1996) People v. Lucas, 598 N.Y.S.2d 43 (NY.2nd Dept. 1993) Dean Witter v. Selectronics, 594 N.Y.S.2d 174 (NY 1st Dept. 1993) WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. John J. Quick E-mail: j~uick(a,wsh-law.com Mr. Quick is an associate with the firm and a member of the Litigation and Appellate groups. He has experience representing both private and governmental entities. Mr. Quick has represented local governments in a variety of areas, some of which include competitive bidding, comprehensive planning, zoning and compliance with voting laws. Mr. Quick assists our private clients in their relations with govenunental entities as well as in litigation and appellate matters involving all aspects of complex commercial and business litigation, labor and employment, legal malpractice defense, entertainment law, construction defects, international law and intellectual property. Mr. Quick has experience at the federal, state and administrative levels. He is also experienced in handling international litigation, dealing with the laws of Germany, Switzerland and Mexico, among others. Mr. Quick is also active in local professional organizations and civic affairs. He is a member of the Tropee Executive Council for the Historical Museum of South Florida, a member of the Dade County Bar Association and has also undertaken pro Bono representation of individuals in criminal, probate and family law matters. He has also been instrumental in the recent incorporation efforts in the Town of Cutler Bay. During his law school career, Mr. Quick served as a law clerk for the Commonwealth of Massachusetts, Middlesex County Sheriffs Office and served as an editor of 'The American Journal of Law and Medicine. Mr. Quick also served as a clerk to the Honorable Stephen P. Nugent of the State of Rhode Island Superior Court. EDUCATION: Boston University School ofLaw (.T.D., 2003) University of California at Los Angeles (B.A., 2000) PROFESSIONAL ACTIVITIES: Member, District of Columbia Bar Member, Association of Trial Lawyers of America Member, Bars of the Courts of Appeals for the First, Fifth, Ninth and Eleventh Circuits and the United States District Courts for the Southern, Middle and Northern Districts of Florida Tropee Executive Councilmember, Historical Museum of South Florida RECENT PUBLICATIONS: Controlling Pandora's Box: The Need for Patent Protection in Transgenic Research, 15 U. MIAMI BUS. L. REV. 303 (2007). Genetic Discrimination and the Need for Federal Legislation, 8 J. BIOLAW & BUS. 22 (2005). Intellectual Property.• Plants Patentable Under the Utility Patent Statute, PVA, and PVPA, 30 J. L. MED. & ETHICS 317 (2002). PROFESSIONAL RECOGNITION: Top Up and Coming Attorney -Florida Trend Magazine 2007 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Scott A. Robin E-mail: srobin(a~wsh-law.com Mr. Robin is the chair of the communications practice at the firm. He represents numerous local governments in cable television and communications matters including drafting ordinances and negotiating cable television franchises, renewals and transfers, and lease agreements for placement of wireless towers and antennas. He interned with the Honorable David Levy at the Third District Court of Appeals and has experience in general civil practice primarily focused on civil and commercial litigation. EDUCATION: University of Miami (J.D., 1999) Florida International University (M.B.A., 1994) University of Florida (B.S.B.A., 1991) PROFESSIONAL ACTIVITIES: Member, National Association of Telecommunications Officers and Advisors, (NATOA) Member, Florida Association of Telecommunications Officers and Advisors (FLATOA) Member, Federal Communications Bar Association Member, Miami Beach Chamber of Commerce's Condominium Advocacy Program -Director of Programming Member, North Beach Development Corporation PUBLICATIONS: Co Author: "Communication Disruption by Hurricanes -What Are Your Remedies as a Cable and Telephone Subscriber?" State & Local Law News, Fall 2006. Contributing Author.• "Focusing on States: A Brave New World," Journal of Municipal Telecommunications Policy, Winter 2004 Co-Author.• "Responding to a Cable Operator's Petition for Effective Competition: How One Community Succeeded in Fighting a Petition," The Agenda, published by the City, County and Local Government Law Section of the Florida Bar, March 2004. Co Author: "Florida Communications Services Tax and the Digital Subscriber Line: To Tax or Not to Tax?" 77 F1a.B.J. 83, Apri12003. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Brett J. Schneider E-mail: bschneider(a,wsh-law.com Mr. Schneider is a Partner of the firm and serves as Chair of the firm's Labor and Employment Group. He represents clients in collective bargaining negotiations, unfair labor practice proceedings and grievance proceedings. Mr. Schneider also has extensive experience representing clients in all phases of employment litigation, up to and including trial, on matters arising under federal, state and local employment laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, Federal Constitutional claims asserted under 42 U.S.C. §§ 1981 and 1983 and the Florida Civil Rights Act. Mr. Schneider regularly represents employers before federal, state and local administrative agencies such as the United States Equal Employment Opportunity Commission, the National Labor Relations Board and the Florida Public Employee's Relations Commission. In addition, Mr. Schneider regularly consults with and advises private and public sector employers on a wide array of human resources issues, including personnel policies and procedures, discipline and discharge matters, drug and alcohol testing, employee privacy rights, and education and training programs for managers and supervisors. Prior to joining the firm, Mr. Schneider has practiced labor and employment law at large national firms in Washington, DC, New York and South Florida. He is admitted to practice law by the Bars of Florida, New York and the District of Columbia, by the U.S. Court of Appeals for the Eleventh Circuit and by the U.S. District Courts for the Southern and Middle Districts of Florida and for the Southern, Eastern and Western Districts of New York. EDUCATION: George Washington University Law School (J.D., with Honors, 1999) University of Maryland (B.A., with Honors, 1996) CIVIC/PROFESSIONAL ACTIVITIES: Former Board Member (Secretary), South Florida Touchdown Club Foundation Member, Leadership Broward Foundation, Class XXIV Member, Anti-Defamation League, Glass Leadership Institute Member, The Florida Bar, Labor and Employment Law Section Member, American Bar Association, Labor and Employment Law Section Member, New York Bar Association, Labor and Employment Law Section PUBLICATIONS: Author, "Rights for Employees in Service Need Not Be a Battle at Work," Akerman Senterfitt Labor and Employment Law Update, Fa112005 Co Author, "Acting Affirmatively Against Harassment," New York Law Journal - Corporate Counsel, February 4, 2002 Co Author, "Employee Privacy 2001 - A Review for Employers," Lawyer Pilot's Bar Association Journal, Fall 2001 Lecturer, "The Creative Plaintiff-Employee: Who Needs Title VII Anymore?" Seminar Speaker, December 5, 2002 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Joseph H. Serota E-mail: iserota(a~wsh-law.com Mr. Serota, a Member of the firm, is senior litigator and head of the Litigation Group. He has extensive experience representing private and governmental entities throughout South Florida in litigation matters relating to race and sex discrimination, breaches of contract, labor, fraud, tort claims, land use and various other causes of action. Mr. Serota is also an accomplished appellate lawyer with numerous reported opinions to his credit. Mr. Serota is also active in professional organizations and civic affairs. He was recently chair of the Judicial Nominations Commission, Third District Court of Appeal. He has served as president of the Dade County Bar Association and as member of the Board of Governors of The Florida. Bar. He is also past chair of the Metropolitan Dade County Community Relations Board and was a member and later chair of the Miami-Dade County Independent Review Panel. EDUCATION: University ofMiami (J.D., 1978) Princeton University (B.A., 1975) PROFESSIONAL ACTIVITIES: Chairman, Vice-Chairman, Member, Third DCA Judicial Nominating Committee, 1999-2002 President, Dade County Bar Association, 1996-1997 Member, Board of Governors of The Florida Bar, 1988-1993 CIVIC ACTIVITIES: Chairperson, City of Miami Civilian Investigative Panel Nominating Committee, 2002-2003 Chairperson, Dade County Bar Association Commission on Public Funding of Judicial Elections, 2002 2003 Vice Chairperson, Executive Board Member, Greater Miami Chamber of Commerce, 2003 present Member, Board of Directors, Dade Community Foundation, 2004-present Member, Alliance for Ethical Government, 2000-2001 Miami Dade County School BoardAppointee, Task Force to Establish Blue Ribbon Committee on Ethics, 1999-2001 Chairperson, Metropolitan Dade County Community Relations Board, 1995-96; Executive Board, 1992-1996 Chairman, Special Commission on Judicial Elections, 1997-1998 Chairman, Dade County Courthouse Lobby Restoration Project, 1996-1998 Coordinated Miami-Dade County's response and preparation for the verdict in the case of State of Florida v. William Lozano, 1991-1993 Chairperson, Vrce Chairperson, Member, Metropolitan Dade County Independent Review Panel, 1986-1989 Member, Mayor's Transition Team, City of Miami, 1994-1995 Member, Citizens' Task Force, appointed by the Dade County Commission to recommend changes to the Independent Review Panel, 1989 President, Princeton Club of South Florida, 1988-1990 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. PROFESSIONAL RECOGNITION: AV Rated by Martindale-Hubbell, 1989 to present Top 1 % of Lawyers in South Florida -South Florida Legal Guide, 2002 to present Member of the "Legal Elite" -Florida Trend Magazine, 2004 to present "Best of the Bar" -South Florida Business Journal, 2004 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Nancy Stuparich E-mail: nstuparich(c~wsh-law.com Ms. Stuparich is of counsel with the firm specializing in land use, real estate and local government matters. Prior to joining the firm, Ms. Stuparich has worked in these areas in both the public and private sectors. In the public sector, she served as the Escambia County Director of Growth Management, an Escambia County Assistant County Attorney, an Assistant General Counsel at the Florida League of Cities, a Staff Attorney for the Ret. Honorable Judge John Scheb and Law Clerk for Ret. Honorable Judge William A. Norris. Ms. Stuparich also served the public as an appointed member of the Northwest Florida Water Management District and City of Pensacola Planning Board. In the private sector, Ms. Stuparich worked as an associate with a Miami international real estate firm and as an underwriting attorney for two national title insurance companies. Ms. Stuparich has more than 20 year's legal experience as a licensed Florida attorney. Ms. Stuparich is a native of Tampa. She has lectured on real estate matters, taught the paralegal certification course for Attorneys Title Insurance Fund as well as real estate courses as an adjunct professor at the University of West Florida. In her spare time, Ms. Stuparich enjoys traveling and participating in sporting events. She is fluent in Italian and has a working knowledge of Spanish. EDUCATION: University of Florida (J.D., 1985) Florida State University (M.P.A., 1997) Florida State University (M.S.P,1997) Florida State University (B.A., cum laude, 1982) Hillsborough Community College (A.A., 1980) PROFESSIONAL ACTIVITIES: Member, International Law, Real Property, Probate, Environmental, Land Use, City and County Government Sections Executive Council, Leadership Miami, 2007-2008 CIVIC ACTIVITIES: Sustainer Member, Junior League of Miami Member, Historical Museum of Southern Florida PUBLICATIONS: Co Author, "Private Property Rights: Regulating the Regulators," The Florida Bar Journal, January 1996 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. David M. Wolpin E-mail: dwolpin(a~wsh-law.com Mr. Wolpin is a Member of the firm and heads its Governmental Practice Group. He has extensive experience in governmental law, having served as the in-house City Attorney for the City of North Miami for 11 years and as an Assistant County Attorney in Palm Beach County and Assistant City Attorney in the City of West Palm Beach, Florida, and Abilene, Texas. He has been with the firm for the last nine years. Presently, Mr. Wolpin provides a broad range of general municipal advice and services to cities including Aventura, Bal Harbour, Key Biscayne and Homestead. EDUCATION: South Texas College (J.D., 1976) Fairleigh Dickinson University (B.A., 1973) PROFESSIONAL ACTIVITIES: Member, City, County and Local Government Law Section of Florida Bar Lecturer at Municipal Law and Municipal Official Seminars concerning duties of city officials, purchasing, ethics, public records and Sunshine Law. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Representative Clients The following is a list of clients the firm currently or has represented. City of Aventura -City Attorney. City of Atlantis -Cable television-related matters. Bal Harbour Village -Village Attorney. Town of Bay Harbor Islands -Labor, cable/communications and land use matters. City of Boca Raton -Special counsel on land use, real estate, litigation and cable/communications matters. Broward County School Board -Counsel on eminent domain matters. City of Coconut Creek - Special counsel regarding land use and cable/communications matters. Collier County School Board -Special counsel on school concurrency. City of Coral Gables -Litigation, utility, cable and communications matters. City of Coral Springs -Special counsel on communications matters. Town of Cutler Bay -Town Attorney. City of Dania Beach -Special counsel on land use, cable/communications issues and litigation matters. Town of Davie -Special counsel on solid waste and utility matters. City of Delray Beach Housing Authority -General Counsel. City of Deerfield Beach -The firm represented Deerfield Beach, along with eight other Broward cities, m a dispute with Broward County regarding the underpayment of sums due under an Interlocal Agreement relating to Emergency Medical Services. Town of Dundee -Special counsel on cable/communications matters. City of Gainesville -Special counsel on cable television and communications matters. Town of Golden Beach -Town Attorney. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. City of Hallandale Beach - Special counsel on eminent domain, communications/cable, litigation and land use matters. City of Hialeah - General labor representation and specialized litigation representation including environmental litigation. City of Hialeah Gardens - Special counsel on labor matters. Hialeah Housing Authority -General counsel. City of Hollywood -Special counsel on litigation matters, and has served as counsel regarding communications and tax audit matters, and general counsel for Hollywood Community Redevelopment Agency. City of Homestead -City Attorney. Islamorada, Village of Islands -Village Attorney. Town of Jupiter Island -Special counsel on communications issues. Village of Key Biscayne -Village Attorney. Lakeland Housing Authority - Outside labor counsel. City of Lake Alfred -Special counsel on cable/communications matters. City of Lauderdale Lakes -The firm represented Lauderdale Lakes, along with eight other Broward cities, in a dispute with Broward County regarding the underpayment of sums due under an Interlocal Agreement relating to Emergency Medical Services. City of Lauderhill -Outside labor counsel providing personnel, EEOC and other labor-related advice. City of Marathon -Special counsel on specific matters including cable and communications. City of Margate -The firm represented Margate, along with eight other Broward cities, in a dispute with Broward County regarding the underpayment of sums due under an Interlocal Agreement relating to Emergency Medical Services. Martin County -Special counsel on land use, litigation and communications matters. Town of Medley - Special counsel on certain solid waste, zoning, cable/communications and bankruptcy matters. City of Miami -Special litigation counsel and counsel on communications issues. Housing Authority of the City of Miami Beach -Litigation counsel. Miami-Dade Expressway Authority -Eminent domain counsel. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, EL. Miami-Dade County School Concurrency Task Force -Special counsel for school concurrency issues. Town of Miami Lakes -Town Attorney. Miami Shores Village -Interim Village Attorney and special counsel. City of Miami Springs -Employment and labor counsel. City of Miramar -City Attorney. City of North Lauderdale -Special litigation/labor counsel. City of North Miami -Outside labor counsel. City of Oakland Park -The firm represented Oakland Park, along with eight other Broward cities, in a dispute with Broward County regarding the underpayment of sums due under an Interlocal Agreement relating to emergency medical services City of Ocala -Special Counsel on cable television matters. City of Orlando -Special counsel on cable issues. City of Palm Beach Gardens -Special counsel on cable and communications matters. Pasco County -Special counsel on sign regulations and cable and communications issues. City of Pembroke Park -Special counsel on cable and communications matters. City of Pembroke Pines -Special counsel on cable%ommunication issues, and special counsel in connection with amulti-city arbitration against a waste disposal company. City of Pompano Beach -The firm represented Pompano Beach, along with eight other Broward cities, in a dispute with Broward County regarding the underpayment of sums due under an Interlocal Agreement relating to emergency medical services, and is special counsel on cable%ommunications matters and serves as eminent domain counsel to the Pompano Beach Community Redevelopment Agency. Village of Royal Palm Beach -Special land use and litigation counsel. Sarasota County -Special counsel for school concurrency. City of South Miami - Special counsel for labor-related matters. City of Sunrise - Outside counsel on land use and special counsel on cable/communications, land use, planning and zoning matters. Town of Surfside -Town Attorney. City of Sweetwater -Former City Attorney. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Village of Tequesta -Employment and labor counsel. Walton County -Special counsel for school concurrency. City of Weston -City Attorney. City of West Palm Beach -Special counsel for land use and permitting matters. City of Winter Haven -Special counsel on cable/communications matters. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE~ $L.