In response to the widespread impacts of Hurricane Irma in Florida (all coastlines and virtually every community), Speaker Corcoran of the Florida House of Representatives has created a new Committee
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Hurricanes Harvey & Irma: Controlling Water, Mold, Bacterial Fallout
Six Tips on Managing Water Damage, Mold Growth, and Bacterial Threats
As Florida, Georgia, South Carolina, Texas, and other impacted areas begin the journey to recovery after Hurricanes Harvey and…
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New Emergency Rule in Florida Requires Responsible Parties to Quickly Notify Public of Pollution Spills
On Sept. 26, 2016, Governor Scott ordered the Florida Department of Environmental Protection to immediately issue an emergency rule requiring immediate notification of pollution spills to the general public, FDEP,…
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Invest: Insights presents Kerri Barsh, Shareholder, Greenberg Traurig
In this Invest: Insights video, listen to Kerri L. Barsh, Shareholder, Greenberg Traurig, Co-Chair, National Environmental Practice discuss Sustainable Development in South Florida.

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Public Comment Deadline Nears on Florida’s Imperiled Species Management Plan in Contemplation of April 2016 Vote
The Florida Fish & Wildlife Conservation Commission (Florida FWC) is taking comment until January 20, 2016, on changes proposed by the agency on its approach to endangered and threatened species…
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Navigating Legal Implications of Power Industry Regulations
I participated in a Power Magazine legal issues conference on December 7th in Las Vegas entitled, “Navigating Legal Implications of Power Industry Regulations.” My presentation focused on the “nuts…
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New Florida Statute Codifies U.S. Supreme Court Ruling in Koontz and Provides Relief Against ‘Extortionate’ Exactions
We wrote here previously about the U.S. Supreme Court ruling in the “takings” case of Koontz v. St. Johns River Water Management District in 2013, which was an appeal by a property owner from an adverse ruling of the Florida Supreme Court with respect to permit conditions requiring off-site mitigation work. The U.S. Supreme Court’s opinion in Koontz expanded and clarified the unconstitutional conditions doctrine. House Bill 383, which was signed into law by Governor Scott on June 11, 2015, creates a statutory cause of action for injunctive relief and damages for extortionate exactions by local and state governmental bodies, codifying the decision in Koontz and eliminating any uncertainty under Florida law on the availability of monetary damages. The new statute defines a “prohibited exaction” to include “any condition imposed by a governmental entity on a property owner’s proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate.” The governmental entity must prove that the exaction is not prohibited and the property owner must prove its damages resulted from the exaction. Pre-suit written notice to the governmental body is required, providing the government with the opportunity to cure or explain the alleged exaction before litigation commences. The prevailing party is entitled to recovery of reasonable attorneys’ fees and costs.
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Florida Governor Signs Omnibus Growth Management Bill into Law
Earlier today, State of Florida Governor Scott signed into law an omnibus Growth Management bill (SB 1216), which continues the recent trend of reducing the role of state and regional…
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Testing the Waters
In 2005, Hurricane Wilma destroyed a pair of dilapidated marinas in North Bay Village where Fane Lozman, a former Marine pilot and software developer, kept a two-story floating home. Kerri …
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Building Florida for 2100
Florida is preparing for climate change projections with the first floating residential community in the United States. Read more about the project in National Geographic’s feature article, Treading Water.
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