Urban Policy in the
Bush Era: What Next for Growth Management.
Tampa - Marriott
Westshore
April 23, 1999
We have an interesting program, with Department of Community
Affairs Secretary Steve Seibert as our lunch speaker. The first session addresses
The Future of Florida's Concurrency Requirement with a demonstration of how Palm Beach
County implements concurrency in the western county, a discussion of how the school
concurrency experience may change transportation concurrency and a presentation on the
recommendations of the Legislature's Transportation & Land Use Committee.
Next, we discuss
Urban Redevelopment Issues, including South Florida's efforts in brownfields and the
Eastward Ho! Initiative and West Palm Beach's revitalization and Redevelopment of its
historic downtown. The customary case law update will follow lunch.
Finally, we wrap up
with a special discussion of Professionalism and Ethics in the Local Land Use Practice
with Judge John Fletcher and Judge James Wolf. That panel will also address the new
Miami-Dade County ethics commission.
SCHEDULE
The Florida Bar Continuing Legal Education Committee and the Environmental
and Land Use Law Section present
Urban Policy in the Bush Era: What Next for Growth Management
COURSE CLASSIFICATION: ADVANCED LEVEL
One Location
April 23, 1999
Tampa Marriott Westshore
1001 Westshore Blvd.
Tampa, Florida
This course is intended to provide the land use practitioner with a comprehensive update
on land use law and policy in Florida. The keynote speaker, the Secretary of the
Department of Community Affairs in the new Bush Administration, will describe the evolving
policy agenda and potential changes in the state's growth management system. The morning
sessions will assess the future of concurrency, based on recent efforts to adopt school
concurrency, and provide a case study on efforts to control sprawl and develop a
Sustainable South Florida. The afternoon sessions will include an update on recent land
use cases, and a panel discussion on professionalism and ethics issues in local land use
law with several appellate judges knowledgeable in the practice.
Course No. 4625R
Schedule of Events
8:00 a.m. - 8:30 a.m.
Late Registration
8:30 a.m. - 8:45 a.m.
Opening Remarks by Program Chair
8:45 a.m. - 10:15 a.m.
The Future of Florida's Concurrency Requirement
Charles Pattison, AICP, 1000 Friends of Florida, Tallahassee (member, 1998 Transportation
and Land Use Study Commission)
C. Allen Watts, Esq., Cobb, Cole & Bell, Daytona Beach
George Webb, P.E., Palm Beach County Engineer, West Palm Beach
Charles Pattison will report on the activities of the 1998 Transportation and Land Use
Study Committee, and specifically present the Committee's recommendations on
transportation concurrency. Pattison will also address the fate of these recommendations
in the 1999 Florida Legislature. Pattison will provide perspective from his tenure as
Director of the Division of Resource Planning and Management for the Department of
Community Affairs in the Chiles Administration, including his involvement in reviewing the
state's first public school concurrency element.
C. Allen Watts will address road concurrency issues from the perspective of a developer's
attorney. Based on his experience in advising school boards on the issue, he will also
compare and contrast the treatment of transportation concurrency with that of public
school concurrency. He will discuss how the school concurrency approach is likely to
change transportation concurrency in the future.
George Webb will present Palm Beach County's concurrency program, using computer-based
presentation tools. He will describe the pending debate concerning concurrency on roads in
the western area of the County, including State Road 7 and the Agricultural Reserve, and
demonstrate sensitivity testing of the impacts of various development scenarios on
concurrency.
10:15 a.m. - 10:30 a.m. Break
10:30 a.m. - 12:15 p.m.
Urban Redevelopment Issues: South Florida's Attack on Sprawl
Carolyn Dekle, Executive Director, South Florida Regional Planning Council, Hollywood
Patrick Brown, Esq., City Attorney, West Palm Beach
Richard A. Pettigrew, Esq., Chair, Governor's Commission for a Sustainable South Florida,
Miami
Carolyn Dekle will describe the Brownfields Showcase Community for South Florida, an EPA
program involving technical assistance from over a dozen state and federal agencies for
the redevelopment of contaminated urban infill sites, or "brownfields." She will
also discuss pending redevelopment projects for brownfields located in the "Eastward
Ho" corridor, which stretches from Miami north to Stuart between the FEC and the SCL
railroad lines.
Patrick Brown is City Attorney for the City of West Palm Beach. The City's downtown
redevelopment includes adoption of a neo-traditional Downtown Master Plan and a
Transportation Concurrency Exemption Area. The City has spurred redevelopment of the
Clematis Street corridor, and completed the land assembly, proposal and approval process
for the development of seventy prime acres of land with the mixed use CityPlace project.
Other proposed downtown projects include a convention center, an arena, and an aquarium.
Richard A. Pettigrew, retired from Morgan, Lewis & Bockius, will describe the efforts
of the Governor's Commission for a Sustainable South Florida over the past five years, and
the Commission's current priorities. The Commission's work is the foundation for the
Eastward Ho initiative, and seeks to achieve sustainability by both saving the Everglades
from further development and working to encourage infill development and redevelopment in
South Florida's urban areas.
12:15 p.m. - 1:45 p.m.
Luncheon
Remarks from Steven M. Seibert, Esq., Secretary, Department of Community Affairs,
Tallahassee
Steven M. Seibert brings a unique perspective to land use law, having served as a local
government attorney, a private attorney, a county commissioner, a land use hearing
officer, chairman of a regional planning council, a mediator, and now Secretary of
Florida's state planning agency. He will discuss the land use policies of the new Bush
Administration, and current initiatives at DCA. He will also provide an update on pending
matters in the 1999 Legislature related to land use.
1:45 p.m. - 2:45 p.m.
Update on Recent Land Use Cases
David A. Theriaque, Esq., Tallahassee and Destin
Susan L. Trevarthen, Esq., Burke, Weaver & Prell, Boca Raton
David A. Theriaque is a solo practitioner with extensive land use experience, representing
developers, local governments and third parties in land use matters. Susan L. Trevarthen
is an attorney-planner in private practice who primarily represents local governments on
issues of land use and local government law. Together, they will provide an update on the
significant land use cases of the past year.
2:45 p.m. - 3:00 p.m. Break
3:00 p.m. - 5:00 p.m.
Professionalism and Ethics in the Local Land Use Practice: A Moderated Discussion
Moderator:
Gary K. Oldehoff, Esq., County Attorney, Martin County, Stuart
Panel: Hon. John G. Fletcher, Judge, Third District Court of Appeal, Miami
Robert A. Meyers, Executive Director,
Miami-Dade County Commission on Ethics and Public Trust, Miami
Hon. James R. Wolf, Judge, First District Court
of Appeal, Tallahassee
The moderator of this session is Gary K. Oldehoff, former assistant county attorney for
Dade County and current Martin County Attorney. He has been involved in many of the most
important land use cases of the last decade, including Executive 100 v. Martin County,
Martin County v. Yusem and Section 28 Partnership Ltd. v. Martin County. He will lead the
panel through a detailed discussion of ethics and professionalism, including analysis of
the hypothetical fact pattern.
We are fortunate to have two distinguished jurists for this panel. Judge John G. Fletcher
has extensive experience with zoning and land use law from his practice before becoming a
judge. As an advocate and as a judge, he has been involved with many significant land use
cases. Judge James R. Wolf is the author of the Local Government Law Desk Book, a
publication of The Florida Bar's City, County and Local Government Section. He has
long-standing interest and experience with local government issues, including land use.
They will provide a judge's perspective on ethics in land use, including associated due
process issues.
As the director of the county's newly formed commission on ethics, Robert A. Meyers will
address the statutory ethics requirements affecting public officials and attorneys in the
land use process. He will also describe the stringent ordinance his office is charged with
enforcing, against the backdrop of recent public corruption cases in Miami-Dade County.
ENVIRONMENTAL AND LAND USE LAW SECTION
Ralph A. DeMeo - Chair
Lawrence E. Sellers, Jr. - Chair-elect
John J. Fumero - CLE Chair
Terrell K. Arline - Program Co-Chair
Susan A. Trevarthen - Program Co-Chair
CLE COMMITTEE
Judge Martin D. Kahn, Chair
Michael A. Tartaglia, Director, Programs Division
CLER PROGRAM
(Maximum Credit: 8.5 hours)
General: 8.5 hours
Ethics: 2.5 hours
CERTIFICATION PROGRAM
(Maximum Credit: 8.5 hours)
Appellate Practice 4.0 hours
City, County & Local Government. 8.5 hours
Civil Trial 4.0 hours
Real Estate 4.0 hours
Credit may be applied to more than one of the programs above but cannot exceed the maximum
for any given program. Please keep a record of credit hours earned. RETURN YOUR COMPLETED
CLER AFFIDAVIT PRIOR TO CLER REPORTING DATE (see Bar News label).
Refund Policy
Requests for refund or credit toward the purchase of the course book/tapes of this program
must be in writing and postmarked no later than two business days following the course
presentation. Registration fees are non-transferrable, unless transferred to a colleague
registering at the same price paid. A $15 service fee applies to refund requests.
Registrants that do not notify The Florida Bar by 5:00 p.m., April 16, 1999 that they will
be unable to attend the seminar, will have an additional $25 retained. Persons attending
under the policy of fee waivers will be required to pay $25.
Hotel Reservations
A block of rooms has been reserved at the Tampa Marriott Westshore Hotel, at the rate of
$119 single/double occupancy. To make reservations, call the hotel direct at (813)
287-2555. Reservations must be made by 4/1/99 to assure the group rate and availability.
After that date, the group rate will be granted on a "space available" basis.
REGISTRATION
TO REGISTER OR ORDER COURSE BOOK/TAPES, PRINT AND MAIL THIS FORM TO: The
Florida Bar, CLE Programs, 650 Apalachee Parkway, Tallahassee, FL 32399-2300 with a check
in the appropriate amount payable to The Florida Bar or credit card information filled in
below. If you have questions, call 850/561-5831. ON SITE REGISTRATION, ADD $15.00. On-site
registration is by check only.
Name
Florida Bar #
Address
City/State/Zip Phone #
(JW) Course No. 4625R
___ Please check here if you have a disability that may require
special attention or services. To ensure availability of appropriate accommodations,
attach a general description of your needs. We will contact you for further coordination.
REGISTRATION FEE (check one):
___ Member of the Environmental and Land Use Law Section: $150
___ Non-section member: $165
___ Full-time law college faculty or full-time law student: $95
___ Persons attending under the policy of fee waivers: $25
Includes Supreme Court, DCA, Circuit and County Judges, General Masters, Judges of
Compensation Claims, Administrative Law Judges, and full-time legal aid attorneys if
directly related to their client practice. (We reserve the right to verify employment.)
METHOD OF PAYMENT (check one):
___ Check enclosed made payable to The Florida Bar
___ Credit Card (Advance registration only. May be faxed to
850/561-5816)
___ MASTERCARD /
___ VISA
Name on Card: Card No.
Expiration Date: _____/_____Signature:
(MO./YR.)
___ Enclosed is my separate check in the amount of $25 to join the
Environmental and Land Use Law Section. Membership expires June 30, 1999.
COURSE BOOK - AUDIOTAPES
Private taping of this program is not permitted.
Delivery time is 4 to 6 weeks after April 23, 1999. PRICES BELOW DO NOT INCLUDE TAX.
COURSE BOOK ONLY: Cost $25 plus tax
TOTAL $_______
AUDIOTAPES (includes course book)
Cost:
$85 plus tax (section member)
$90
plus tax (non-section member) TOTAL $_______
Certification/CLER credit is not awarded for the purchase of the course book only.
Please include sales tax unless ordering party is tax-exempt or a nonresident of Florida.
If this order is to be purchased by a tax-exempt organization, the course book/tapes must
be mailed to that organization and not to a person. Include tax-exempt number beside
organization's name on the order form.
