The Legal 500

In Florida, the scarcity of greenfield sites means a good land use attorney is crucial for most development projects. The land use and zoning team therefore forms a critical part of any decent real estate group. With so much land use approval done at a local level, the best practices will have at least one expert in each key hub who has easy access to the main decision makers of the area. In many cases, success is as much about who you know as it is about what you know. If firms claim to operate on a state level, it is important that they have several practitioners on the ground in Tallahassee, Florida’s capital. It is unsurprising that many of the leading individuals in this section have some background in local or state politics.

Given the current state of the market, work has diminished in the short term, with many smaller projects currently on hold, especially in the real estate and condominium sector. For the largest firms, however, there are still enough major developments to keep them busy through the lean period.

Greenberg Traurig LLP

PRACTICE: Greenberg Traurig LLP’s well-connected team is praised for its ‘political knowledge of local and county governments’. The six-partner team’s coverage across the state is hard to match, with attorneys situated in most of the main centres, including Tallahassee, Miami, Fort Lauderdale, Orlando and Palm Beach County.

The firm has acted on several major developments over the past year. Foremost among these was its advice to Biscayne Landing to obtain approval for a 197-acre mixed-use development, consisting of 6,000 residential units, to be constructed on a former landfill. This would include a groundwater remediation plan with state and local environmental agencies for the ongoing cleanup of groundwater ammonia contamination. Another highlight for the group was advising Fisher Island Holdings on the successful defence of a series of zoning and environmental administrative challenges brought against its high-rise ocean-front condominium project by the Service Employees International Union. In Miami, the firm represented the new Miami Art Museum on its relocation to a 118,000 sq ft waterfront site in downtown Miami.

CLIENTS: The firm represents an impressive mix of private sector and local government clients, including Town of Palm Beach, City of Hollywood, Fisher Island Holdings, Miami Art Museum, Biscayne Landing, Starwood Capital, Westfield, University of Miami, CMC Group, Flagstone Property, Midtown Group, Column Financial and Margaritaville Holdings.

INDIVIDUALS: Miami-based partner Lucia Dougherty is considered by clients to be a ‘seasoned and highly qualified land use attorney with in-depth knowledge of local political issues’. Overall group head Clifford Schulman, who is also based in Miami, enjoys a first-
class reputation within the market. Tallahassee-based partner Reggie Bouthillier is also commended for his expertise in projects throughout the state.

Holland & Knight LLP

PRACTICE: With eight offices across the state, and top-notch lawyers working out of its ‘excellent’ Miami office, as well as Orlando, Tampa and Tallahassee, Holland & Knight LLP’s coverage of the Florida market is hard to beat, especially in the south and mid-state region, where it is particularly well resourced. The firm regularly represents clients before local, regional and state governmental agencies. The practice acts for an impressive range of private sector clients and covers the full range of matters; including zoning for potential developments; water law issues; and permitting, planning of and amendments to major projects.

CLIENTS: Holland & Knight LLP provides land use, zoning and environmental advice to a range of major developers and infrastructure clients, including the US railway company CSX, Beazer Homes, DR Horton, Lennar Homes and Pulte Homes.

INDIVIDUALS: Several of the team’s key lawyers are former city and county attorneys, as well as elected officials with a good insight into the workings of the government and its land development and zoning regulations. Among them, Miami-based partner Joseph Goldstein enjoys a first-class reputation, and has plenty of experience in obtaining approval of Developments of Regional Impact. Miami partner Juan Mayol also comes highly recommended. In Tallahassee, partner Lawrence Sellers is one of the go-to lawyers, while Tampa head James Shimberg has an excellent track record and was previously the firm’s co-chair of the national land use practice group.

Hopping Green & Sams PA

PRACTICE: Established in 1979, Hopping Green & Sams PA is ‘a great firm’ and an extremely well-regarded environmental, land use and zoning boutique working out of Tallahassee. The practice has represented clients on planning and land use strategies for several major ranches, including Atlantic Blue Group’s 65,000-acre Blue Head Ranch in Highlands County, as well as a 5,000-acre family-owned ranch in Brevard County. It also advised on the redevelopment of a 1,800-acre riverfront industrial park in Green Cove Springs, and on development approval and permitting for an 8,000-acre phosphate mine expansion in Harrdee County.

The ‘outstanding’ firm has also been very active on the litigation front, including a circuit court representation regarding denial of land use and development order amendments for a 540-acre DRI in Alachua County, and a federal court representation of a municipality relating to a 340-acre landfill in Bartow.

The group is unrivalled when it comes to community development districts (CDD), which are independent special-purpose local governments that levy taxes and assessments, and issue tax-exempt bonds to provide infrastructure to developing communities. The team helped establish more than 180 CDDs across Florida, and serves as counsel to over 150.

CLIENTS: The firm acts for an impressive mix of private and public sector clients, including Florida Power and Light, Florida Home Builders Association, ExxonMobil, GE Aviation, the Sugar Cane Growers Cooperative of Florida, and the cities of Tallahassee and Lakeland.

INDIVIDUALS: The firm has over 50 lawyers to choose from. Among the standout practitioners, Frank Matthews comes highly recommended, especially for his expertise in wetland related matters. William Green is extremely highly rated, representing clients at local, state and federal level. Cheryl Stuart and Miguel Collazo are also highly recommended.

Akerman Senterfitt

PRACTICE: Akerman Senterfitt is, according to clients, ‘in one word, excellent. They are very competent, service-oriented, and will leave absolutely no stone unturned to get to the bottom of any issue’. The firm has seven offices across the state and is particularly well represented in Tallahassee, Miami, Orlando, and Fort Lauderdale.

Highlights in 2008 included advising Midtown Miami CDD and Developers Diversified Realty on an amendment to the Midtown Miami Interlocal Agreement, to help funding for critical projects in Midtown Miami. The ‘second to none’ team also represented Crosland on a major mixed-use development located on 1,047.5 acres in the City of Wildwood, for retail, office and residential units.

CLIENTS: Major clients include Sam’s Club, Aranov Property Management, Developers Diversified Realty, Landstone Communities, Crosland, Midtown Miami Community Development District, CIG Hospitality, Bear Creek Timber and Transacta Prive Developers.

INDIVIDUALS: Miami-based environmental partner Michael Goldstein is considered ‘by far the most humble, best-qualified environmental attorney in Florida. He is always available, even on Sundays and vacations, always a good listener and always delivers.’ Also in Miami, the
land use group’s chair, Neisen Kasdin, has an impeccable pedigree, and is a former Commissioner and Mayor of the City of Miami Beach. Orlando-based partner Cecelia Bonifay is ‘well respected for land use issues in Central Florida.’

Bercow Radell & Fernandez PA

PRACTICE: Bercow Radell & Fernandez PA is a very strong Miami-based boutique that focuses exclusively on land use, zoning and environmental issues. The firm is extremely popular with clients, and is praised for its ‘high-value, region-specific knowledge and facilitation.’ The group is commended for its ‘excellent levels of service and quick response times,’ while its ‘local knowledge of markets and history in the communities are great strengths of the firm.’ While the lawyers focus largely on the Miami area, ‘for land use issues within the jurisdictions where they practice, they are as good as any of the other top firms in Florida.’

Highlights of the past year have included advising Lennar Homes as master developer on a new 1,000 acre community just outside the Miami-Dade County urban development boundary. This will include 6,941 new homes and 200,000 sq ft of retail space, as well as a multiplex cinema, a 200-bed hospital, a medical office building, an industrial/warehouse component, together with supporting schools, parks and community facilities. The team advised Florida Power & Light Company on zoning approvals for a new nuclear electric power plant, including two new nuclear reactors at the company’s existing Turkey Point facility.

CLIENTS: Clients include Florida Power & Light Company, Lennar Homes, Balzebre Childrens Trust, City of Miami Community Redevelopment Agency for Southeast Overtown Park West, International Speedway and Adler Development.

INDIVIDUALS: Name partner Jeffrey Bercow is lauded by clients, and is considered ‘as good a land use attorney as there is in Florida.’ Michael Radell and Ben Fernandez also receive high praise, while partner Michael Larkin is ‘astute and conveys to the client the issues at hand with good brevity.’ Michael Marrero is considered ‘responsive, hard working, knowledgeable and easy to communicate with.’

Bilzin Sumberg Baena Price & Axelrod LLP

PRACTICE: Miami’s Bilzin Sumberg Baena Price & Axelrod LLP has a first class reputation for the land use and zoning work it does in south Florida. Outside of the usual real estate clients, the firm has a particularly strong niche in the hotel industry.

In 2008, the team represented a joint venture between The Related Group and Starwood Hotels & Resorts Worldwide in the rezoning and $1bn development plans for the St Regis Resort & Residences in Bel Harbour. The project is a nine-acre, three-tower complex featuring, among other things, 268 luxury residences, 37 condo-hotel suites, and 183 hotel rooms. The firm also acted for Variety Children’s Hospital, in its guise as Miami Children’s Hospital, on a successful application for the redevelopment and expansion of its main campus, including a vertical expansion of the hospital’s treatment facilities from three to six stories in height.

CLIENTS: Key clients include Variety Children’s Hospital, The Related Group, Starwood Hotels & Resorts Worldwide, Hillcrest Golf & Country Club, Fortune International, WCI Communities, GB Hotel Partners, Shoma Development and Regalia.

INDIVIDUALS: Group chair Stanley Price commands immense respect throughout the legal community in south Florida. Partner Carter McDowell has a well-regarded practice, and is particularly active on major hotel and resort developments, including the high-profile redevelopment of the Fontainebleau Resort in Miami Beach. Howard Nelson is also highly recommended for his work on the environmental and land use side.

Fowler White Boggs P.A.

PRACTICE: With Tampa at its core and strong practices in Tallahassee and Fort Myers, Fowler White Boggs P.A. has a solid presence across much of the state. The firm is well known for its work on DRIs and recently advised Newland Communities on the Bexley Ranch DRI in Pasco County. This 7,000 acre development will include 7,000 homes, 400,000 sq ft of commercial space, and 250,000 sq ft of office space, as well as 206 acres of parks, two elementary schools and one middle school. Another highlight has been representing the Clear Springs on a major long-term planning process to redevelop 18,000 acres of land formerly mined for phosphate.

CLIENTS: Clients include Clear Springs, Newland Communities, Trademark Metals Recycling, Sears Roebuck, Terminix International, Kinder Morgan, Sierra Properties, Terrabrook and TECO.

INDIVIDUALS: Key partners include Ronald Noble, who heads the practice from Tampa and has strong expertise in hazardous and solid waste regulation and wastewater treatment enforcement and permitting. Tallahassee-based Linda Loomis Shelley is recommended and, as former general counsel to the state Governor and Secretary for the Department of Community Affairs, she has an excellent track record working for and with the public sector. Firm CEO Rhea Law is also highly recommended.

Gunster Yoakley & Stewart

PRACTICE: Gunster Yoakley & Stewart impresses on the back of a first-class client base and excellent feedback. According to one client, the firm is ‘the best we have dealt with,’ while the environmental team is ‘always very responsive and provides quality advice for reasonable fees.’ Working out of offices in Fort Lauderdale, Tallahassee and West Palm Beach, the firm has nine partners focussed on land use, and three who also have a strong specialism in environmental law.

Recent highlights include advising MSKP III, Babcock Property Holdings and Kitson & Partners on several land use and litigation matters relating to their DRI for the 70,000-acre Babcock Ranch in Charlotte and Lee Counties. The firm also acted for Las Olas Yacht Club Associates, a joint venture between the Related Group and Coolidge-South Markets Equities, on the development of a 42-story, 282-unit condominium project in downtown Fort Lauderdale, which met with significant local opposition and has since gone into litigation. It also represents Huizenga Holdings, a private holding company that owns the Miami Dolphins football team and stadium, on its land use and development issues.

CLIENTS: Major clients include Babcock Property Holdings, Kitson & Partners, Las Olas Yacht Club Associates, Huizenga Holdings, United States Sugar Corporation, Autonation, RAM Realty Services, Republic Services, Monroe County and City of West Palm Beach.

INDIVIDUALS: Clients hold the ‘excellent’ Fort Lauderdale-based environmental partner Rick Burgess in very high regard. Based in the firm’s Stuart office, partners Robert Raynes and John Carmody are also praised for their ‘excellent client service and general knowledge of the political landscape and evolving entitlement issues.’ The highly rated Brian Seymour heads the team from West Palm Beach.

Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

PRACTICE: Based in Orlando, Lowndes, Drosdick, Doster, Kantor & Reed, P.A. has a very strong reputation for the work it does in central Florida. The firm’s capabilities span the full range of land use, zoning and environmental matters, including DRIs, development agreements, growth management plan amendments, platting and subdivisions. The firm’s lawyers have strong relationships with government officials within the local land use planning authorities.

CLIENTS: The firm boasts an impressive array of private sector clients, including Centex Homes, UBS, Canyon Capital, CED Construction, Park Square Homes, RMC Development, Racetrac Petroleum, Landstar Development and ABD Development.

INDIVIDUALS: Hal Kantor has an especially well regarded practice that represents private and public sector clients on related matters, including major condominium, residential, retail and office projects. Aaron Gorovitz is also highly recommended for his work on DRIs and large-scale mixed-use developments.

Ruden McClosky

PRACTICE: Ruden McClosky is considered by some to be ‘the best in Fort Lauderdale’, which forms the core of the practice, while its Tallahassee offering is also very strong. The firm has a good track record across the full range of matters including residential, mixed-use, retail, office, transport and hotel developments. The 13-partner practice is backed up by strong environmental and governmental teams, and has advised on the creation of CDDs and obtained approvals for solid waste facilities within environmentally sensitive parts of the state.

CLIENTS: The firm acts for the full spectrum of corporates, investors, developers and financial services institutions including Florida Power & Light, GL Homes, Duke Realty, Anderson Realty, Woolbright Development, Coconut Creek Casino, Foxtrot Golf Course, Home Depot, Seminole Tribe of Florida, Brenner Real Estate Group and Quantum Homes.

INDIVIDUALS: Fort Lauderdale-based partner Dennis Mele has a very strong track record and, prior to becoming a partner at Ruden McClosky, was a land planner with the South Florida Regional Planning Council. Also in Fort Lauderdale is the well-regarded partner Hope Calhoun. Working out of Tallahassee, Margaret-Ray Kemper is held in very high regard, and previously served as the general counsel to the Department of Community Affairs.

Carlton Fields

PRACTICE: Carlton Fields’ practice is very well regarded by rival firms and benefits from the presence of three certified planners/government consultants working out of the firm’s offices in Tallahassee and West Palm Beach. The core of the well-connected legal team is based in Tallahassee, although the firm also has a strong showing in Tampa, plus one of counsel in Miami. As well as having a good pedigree in standard land use and zoning issues, the firm is also recommended for its expertise in related litigation matters.

CLIENTS: The firm acts for a number of governmental bodies and attracts an array of developer clients, including Beazer Homes, KB Homes, Lennar Homes, the St Joe Company and WCI Communities.

INDIVIDUALS: Rival practitioners are quick to praise Tallahassee-based partner and head of the firm’s government law and consulting practice, Nancy Linnan, who is described as an ‘outstanding land use lawyer.’ Tampa-based partner H Ray Allen enjoys a strong reputation in the market.

Pappas Metcalf Jenks & Miller

PRACTICE: Established in 1982, Pappas Metcalf Jenks & Miller is a real estate boutique that works solely out of Jacksonville, and as such is one of the leading practices in northeast Florida. The firm has a very strong developer and landowner client base, and over the years it has acted on some of the region’s most high-profile developments.

CLIENTS: The firm is popular with community developers, among them Arvida, Flagler Development, Fletcher Land, LandMar, St Joe Company and Vestcor Companies are regular clients.

INDIVIDUALS: Name partner M Lynn Pappas has a very strong reputation within the market and her practice covers the full range of land use and zoning matters.

Tew Cardenas

PRACTICE: Working out of Miami and Tallahassee, Tew Cardenas boasts a very strong lobbying arm that represents clients before government bodies and agencies all the way up to federal level, which is helped in part by an office in Washington DC. The group also has a very strong and active litigation arm.

CLIENTS: The firm’s clients come from all corners of the market, including local government and state agencies, and individual property owners and corporations. Clients include the Related Group, Banco Populare, Falcon Realty, Millennium Partners and the City of Miami.

INDIVIDUALS: As head of the advocacy and government affairs group, Miami-based name partner Alberto Cardenas has become an extremely prominent figure on the state legal and political scene. Partner Santiago Echemendia, who heads the land use and local government law group, is also highly recommended. His expertise covers a range of areas including water law, where he has served as Board Counsel to the South Florida Water Management Governing Board for five years, and transportation.