Government, Environment and Real Estate

Our Government, Environmental & Land Department provides a full range of administrative, regulatory and land use representation at all levels of government - local, state, regional and federal.

Administrative and Legislative Advocacy
The lawyers in the Administrative and Legislative Advocacy Group work closely with the Environmental and Land Use Group to handle a wide variety of administrative and legislative issues including representation before federal, state and local administrative agencies, the Department of Administrative Hearings and legislative bodies. Much of the representation relates to interpretations and challenges of laws and regulations, economic development programs, permit approvals and legislative lobbying.

Environmental/Regulatory 
Department lawyers handle a full range of regulatory and environmental cases including preventive analyses, underground and above ground storage tanks, violation defense, permitting, contamination assessment, remedial activities, and environmental liability planning and protection. Particular emphasis is placed on strategies for regulatory compliance as well as acquisition or disposition of potentially contaminated properties and the resulting negotiations with environmental agencies and consultants. Typical controlling laws and regulations include RCRA, CERCLA, Clean Air Act, Clean Water Act, and FIFRA. The Department's lawyers work closely with the clients' existing environmental consultants to proactively minimize environmental liabilities.

Real Estate
Government, Environmental and Land Department lawyers are devoted full time to commercial real estate-related matters, including real estate acquisitions, loans, leases and litigation. Sale and acquisition transactions typically range from $500,000 to $250 million in size. Contingent upon the specific transaction, the Department may represent any party associated with a deal, varying from seller to buyer, lender, broker, developer, or title insurance company.

The Department's lawyers are regularly asked to represent lenders on loan transactions. Such loans are typically secured by real estate, receivables, equipment and inventory, although occasionally, secured loan requests involve special creative financing attributes.

The Government, Environmental and Land Department represents a variety of developers, including developers of P.U.D.'s, office buildings, warehouses, condominiums and other types of properties. The attorneys in this department also handle various types of real estate-related litigation, including eminent domain, title insurance defense, lease disputes, usury claims, suits on guaranties, suits on notes, foreclosures and receiverships.

Land Use
The Government, Environmental and Land Department also provides business and commercial representation in all areas subject to governmental action. Typical representations include negotiations with local governments as well as regulatory agencies and commissions, permit approvals, franchises, developments of regional impact, community development districts, land use and zoning.

Fowler White Boggs has been ranked as a top leading Florida law firm for Zoning/Land Use by Chambers USA for several consecutive years (2004-2011). 

The Department represents major developers and businesses including residential, commercial and industrial developers, electronic manufacturing firms, chemical plants, phosphate operations, petroleum storage facilities and commercial and industrial plant operators. 

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Representative Matters

Following is a list of the Developments of Regional Impact that have been represented by the Government, Environmental and Land Department:

  • Bexley Ranch - DRI No. 255
  • Big Four Phosphate Mine - DRI No. 50 and 80
  • Connerton - DRI No. 233
  • Eastshore Commerce Park - DRI No. 159
  • Fish Hawk Ranch - DRI No. 191
  • Fountain Square - DRI No. 112
  • GATX - DRI No. 224
  • Harborage at Bayboro - DRI No. 134
  • Hidden River Corporate Park - DRI No. 108
  • Hunter's Green - FQD No. 147
  • International Plaza - DRI No. 104
  • Interstate Business Park - DRI No. 86
  • Lifsey/Rocky Point - DRI No. 122
  • Magnolia Creek - DRI Osceola County
  • McKendree Ranch - DRI No. 169
  • Metro (Park Place) - DRI No. 92
  • North Palms Village - DRI No. 160
  • Oakley Plaza - DRI No. 253
  • Parkway Center/Oak Creek - DRI No. 146
  • Phillips Phosphate Mine - DRI No. 49
  • Rubin-Icot - DRI No. 177
  • Seven Oaks - DRI No. 129
  • Southbend/Covington Park - DRI No. 145
  • Southshore Corporate Park - DRI No. 249
  • Sunway - DRI No. 144
  • Tampa Technology Park - DRI No. 139
  • Tampa Telecom Park - DRI No. 114 and 116
  • Tarpon Lake Villages - DRI No. 24
  • Westchase - DRI No. 84
  • Westshore Areawide - DRI No. 141
  • World Mart Center - DRI No. 178

 The Government, Environmental and Land Department has established and/or provided representation to the following Community Development Districts:

  • Cheval West Community Development District
  • Covington Park Community Development District
  • Eastlake Oaks Community Development District
  • Fishhawk Ranch Community Development District
  • Lake St. Charles Community Development District
  • Lakewood Ranch Community Development District 1
  • Lakewood Ranch Community Development District 2
  • Lakewood Ranch Community Development District 3
  • Lakewood Ranch Community Development District 4
  • Lakewood Ranch Community Development District 5
  • Meadow Pointe II Community Development District
  • Overoaks Community Development District
  • Park Place Community Development District
  • Parkway Center Community Development District
  • Saddlebrook Village Community Development District
  • Seven Oaks Community Development District I
  • Seven Oaks Community Development District II
  • Stonebrier Community Development District
  • Tampa Palms Community Development District
  • Westchase Community Development District
  • Westchase East Community Development District

News

From Our Video Library

2011 Land Use Symposium: The Economy in 2035

Introduction by Tom Wallace, President, Independent Development Services Corporation

  • When Will Lee County Recover? (Henry H. Fishkind, Ph.D., President, Fishkind & Associates, Inc.)
  • The Era of Less (Woody Hanson, MAI, CRE, CCIM, FRICS, Hanson Real Estate Advisors, Inc.)
  • The Economics in 2035: Demography as Destiny and Economics as the Mechanics Thereof (Tom Wallace, President, Independent Development Services Corporation) 
2011 Land Use Symposium: The Land Use Pattern in 2035

Introduction by Dawn Jourdan, Assistant Professor, University of Florida

  • What's Happening in Tallahassee and How This May Impact Our Ability to Plan for 2035 (Linda Shelley, Former Secretary, Florida Department of Community Affairs, Shareholder, Fowler White Boggs P.A.)
  • The Land Use Implications of Current Federal Policy: Sustaining the Momentum (Dawn Jourdan, Assistant Professor, University of Florida)
  • The Way Forward: Lee County's Horizon 2035 EAR and Comprehensive Plan Update (Jerry Murphy, AICP, CFM, Murphy Planning)
2011 Land Use Symposium: Transportation in 2035

Introduction by Michael J. Ciccarone, Shareholder, Fowler White Boggs P.A.

  • Multi-Modal Transportation Systems: Lessons Learned from Southeast Florida (Kim DeLaney, Ph.D., Growth Management Coordinator, TCRPC)
  • Complete Urban Thoroughfares: Transportation Policies for a Sustainable Lee county in 2035 (Richard A. Hall, P.E., President, Hall Planning & Engineering, Inc.)
  • Community Leadership and Vision: Case Studies in Implementing a Balanced Transportation System (Margaret E. Banyan, Ph.D., Florida Gulf Coast University)
2010 Land Use Symposium: Current Legislative and Executive Growth Management Initiatives

Rhea F. Law, Chair of the Board, and CEO of the Firm, gives an up to date report on current Florida legislative and executive growth management initiatives.  

2010 Land Use Symposium: The Alachua County Mobility Plan: Bus Rapid Transit and the Evolution of Suburbia

A discussion of Alachua County's recently adopted plan for rapid transit, transit oriented developments and alternative approaches to transportation concurrency. 

2010 Land Use Symposium: What is TOD?

Seth Harry, principal with Seth Harry & Associates, Inc., discusses principles and attributes of TOD from an economic, political and design perspective.  

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