2014 Fall Newsletter

In This Issue:

  1. LLW Receives ATHENA Organizational Leadership Award
  2. LLW and Seminole Tribe of Florida Successful in Challenge to FPL Power Plant Rezoning
  3. Matthew B. Taylor Selected for 2014-2015 Manatee American Inn of Court
  4. What to do if you receive a Complaint filed with the Commission on Ethics
  5. Michelle Diffenderfer of Lewis, Longman & Walker Selected for 33rd Class of Leadership Florida
  6. Accelerated Wetland Losses in Coastal Watersheds
  7. LLW Attorneys Named 2015 Best Lawyers by U.S. News Media Group and Best Lawyers®
  8. Chapter 189 Redux – New Requirements for Special Districts
  9. Firm News

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LLW Receives ATHENA Organizational Leadership Award

Lewis, Longman & Walker, P.A. was honored by the Chamber of Commerce of the Palm Beaches on September 19, 2014 when the firm received the ATHENA Organizational Leadership Award. The firm was recognized for its family-friendly work environment, mentoring programs, and support for its female employees as they pursue higher education and leadership positions.

“We are honored to receive the ATHENA Organizational Leadership Award,” said Michelle Diffenderfer, Shareholder and former Individual Leadership Award recipient, who received the Award on behalf of the Firm. “This is a terrific achievement for our firm, and the Award recognizes our commitment to supporting our employees in achieving their goals.”

The ATHENA Organizational Leadership Award honors organizations and businesses that create an organizational culture encouraging women to achieve their full leadership potential and that give back to the larger community of women and girls by supporting leadership development opportunities.

At LLW, we have thirty female employees, many of whom hold leadership positions within the firm. Since the inception of LLW in 1994, numerous women have been mentored and promoted from entry-level leadership positions within the Firm. LLW believes in supporting its female employees as they pursue higher education and in providing them with the opportunity for growth through mentoring.

LLW was also recognized for supporting organizations that provide leadership development for girls and women. Our firm embraces a culture of mentoring. We encourage our employees to move up in our organization and we emphasize the importance of becoming leaders in our community, which has included our involvement in a number of great organizations that provide mentoring and leadership for girls and women.

Lewis, Longman & Walker, P.A. was among several businesses and organizations that were nominated for this special award. Nominations were evaluated by a selection committee of previous recipients and prominent business leaders from our community. Particular emphasis is placed on support for women within the organization, business and professional accomplishments, and community service focused on girls and women leadership development.

LLW and Seminole Tribe of Florida Successful in Challenge to FPL Power Plant Rezoning

The Circuit Court has enjoined Hendry County from rezoning land immediately adjacent to the Seminole Tribe of Florida’s Big Cypress Seminole Indian Reservation. The rezoning would have permitted the largest natural gas plant in the United States. LLW argued that the rezoning was inconsistent with Hendry County’s Comprehensive Plan. The Circuit Court concurred and granted declaratory judgment for the Seminole Tribe. The Court’s Order prevents FPL from moving forward with the power plant. This victory is critically important to preserving the Seminole Tribe’s way of life.

For 20 years, the attorneys at Lewis, Longman & Walker, P.A., have helped the Seminole Tribe of Florida with unique legal issues including self-determination, self-governance, government to government consultation, and environmental, water and cultural resources. At LLW we appreciate that each of our clients is unique and we offer solutions tailored to their individual needs. We take pride in Seeing Things Differently for our clientele. For more information, visit www.llw-law.com.

To learn more about LLW, this case, or how we may be able to help you, please contact Andrew J. Baumann, Chair of Litigation at abaumann@llw-law.com, Tara W. Duhy, Chair of Land Use at tduhy@llw-law.com. We also can be reached at the West Palm Beach office number (561) 640-0820.

Matthew B. Taylor Selected for 2014-2015 Manatee American Inn of Court

Matthew B. Taylor was recently selected by Manatee County judges and attorneys to serve as a Barrister for the 2014-2015 Manatee American Inn of Court. Matthew Taylor is one of only twenty-three individuals selected for the position. The mission of the American Inn of Court is to foster excellence in professionalism, ethics, civility and legal skill.

Matthew Taylor’s practice focuses on complex construction, commercial, contract and real estate litigation matters. An experienced civil litigation attorney, he has handled hundreds of cases from start to finish in both a plaintiff’s and defendant’s capacity over the past 13 years. From contract negotiation and drafting to dispute avoidance to dispute resolution, Mr. Taylor enjoys assisting clients with all of their construction, commercial and real estate needs. Mr. Taylor can be reached at mtaylor@llw-law.com or at (941) 708-4040.

What to do if you receive a Complaint filed with the Commission on Ethics

By: Kevin S. Hennessy

What is the Commission on Ethics?

The Florida Commission on Ethics is a nine member board with its primary responsibility being investigating and issuing public reports on complaints alleging breaches of the public trust by public officers and employees.   The Commission does not (and can not) conduct investigations of public officials or employees on its own initiative. It requires a sworn complaint alleging a violation of the code of ethics  or some other  recognizable breach of the public trust before the Commission can initiate an investigation, report on its findings and recommend appropriate action including the imposition of penalties.

Many Complaints are Dismissed with Little or No Investigation

Should the Commission receive a Complaint it will begin an investigation process.  For all complaints the first step Commission Staff will take is to forward a copy of the complaint to the accused within five days of its receipt.  The Commission investigates all sworn complaints that it receives, but it is required by its rules to make an initial determination concerning the sufficiency of a complaint.  Staff will evaluate a complaint to determine if the Complaint meets its rule requirements and that the allegations are legally sufficient to form the basis for a possible violation of any law over which the Commission has jurisdiction.    This is the first opportunity that an accused will have to get a Complaint dismissed.  For example, if the Complaint is not signed before a notary indicating that the allegations in the Complaint are sworn to, then it is not a Complaint that can be investigated by the Commission, and should be dismissed.  Further, if the Complaint does not contain allegations that can reasonably be interpreted as stating a violation of a specific ethics law or breach of public trust it must be dismissed.  Regardless of whether the Complaint alleges violations of other laws, even laws specific to public officials or employees, such as the Sunshine Act or public records law, if those laws do not fall within the jurisdiction of the Commission to investigate, the Complaint should be dismissed.  While the Commission Staff is sensitive to these issues and normally does a good job performing these evaluations, it is reasonable for the accused to submit a written response to the Commission identifying any deficiencies in the Complaint.  The Commission Staff will notify the Complainant of problems with a Complaint and will allow an opportunity to amend or supplement a Complaint, but if a Complainant’s issues are simply not within the jurisdiction of the Commission then it is possible the process may end at this point.

Allegations of Failure to Properly Complete Financial Disclosure Forms Allow for Additional Grounds for Dismissal

Pursuant to a 2013 change in Rule 34-5.002(4) Florida Administrative Code if a complaint alleges an error or omission in an annual CE Form 6 (a common allegation) the executive director shall determine whether the allegations are merely immaterial, inconsequential or de minimus errors or omissions.  If the allegations are all immaterial, inconsequential or de minimus no further action is to be taken by staff.  Further, if the Respondent files an amended disclosure correcting the error or omission with the Commission within 30 days of the date notice was sent by the Commission to the Respondent, no further action is to be taken.  This is a new rule for the agency, responding to a recent statutory change and therefore not a process Commission Staff is used to performing; therefore, it is an opportunity that a Respondent needs to make sure has been exhausted.

Michelle Diffenderfer of Lewis, Longman & Walker Selected for 33rd Class of Leadership Florida

Lewis, Longman & Walker Shareholder Michelle Diffenderfer has been accepted into the 33rd Class of Leadership Florida. Mrs. Diffenderfer was selected among outstanding Florida leaders who are chosen for their abilities, passion for the state, and commitment to help make great things happen for Florida. Ms. Diffenderfer will participate in the eight-month educational program that consists of five two and three-day sessions held in cities throughout the state. LLW Shareholder Brenna Durden and LLW Director of Corporate Affairs Sean Alveshire are graduates of Leadership Florida.

The mission of Leadership Florida is to continually discover and convene committed individuals, enhancing and recharging their leadership skills by introducing them to a powerful community through whom they find knowledge and inspiration. Leadership Florida includes sessions on issues critical to Florida, leadership skills assessment and training, and relevant information on Florida’s history, demography, diversity, and opportunities.

The over 1,500 graduates of Leadership Florida are men and women who serve as chief executive officers of some of Florida’s top corporations, mayors of major cities, executives of pivotal non-profit groups, and leading academicians. Their commitment to local and state community is witnessed through their collective services on over 5,000 boards of companies and organizations throughout the state.

Mrs. Diffenderfer’s practice focuses on environmental, water, natural resources, and land use law, specifically, permitting and enforcement. She chairs Lewis, Longman & Walker’s Natural Resources and Everglades Practice Groups. Mrs. Diffenderfer is the Chair of the American Bar Association’s Section on Environment, Energy and Resources, Special Committee on Communications and External Relations; a Past-Chair of the Chamber of Commerce of the Palm Beaches; and a Past-Chair of the Environmental and Land Use Law Section of the Florida Bar.

Mrs. Diffenderfer was selected in 2010 – 2012 as a Florida Super Lawyer and received the ATHENA® Award in 2008 which honors individuals who have achieved professional excellence, actively served the community, and helped women to reach their leadership potential. Michelle is also a member of the United Way Leadership Circle of Palm Beach County.

“Michelle continues to shine as a leader within our law firm and in our community, and it’s no surprise to me that Leadership Florida has recognized those exceptional qualities as well.” said Kenneth Spillias, Managing Shareholder for Lewis, Longman & Walker, P.A.

Accelerated Wetland Losses in Coastal Watersheds

By: Robert P. Diffenderfer

In a study published in late 2013, the US Department of the Interior Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration’s (NOAA’s) National Marine Fisheries Service updated and expanded earlier work (Stedman& Dahl, 2008) documenting wetland trends in the coastal watersheds of the Atlantic Ocean, Gulf of Mexico, and Great Lakes. The current study, titled Status and Trends of Wetlands in the Coastal Watersheds of the Conterminous United States 2004-2009 (Dahl & Stedman, 2013), revisits the same watersheds included in the 2008 study but expands the study to include wetlands in the coastal watersheds along the Pacific Coast. The two principal federal agencies have been supported in their work by the federal Interagency Coastal Wetlands Work Group (ICWWG), a multi-agency group composed of members from the US Environmental Protection Agency (USEPA), NOAA, USFWS, US Army Corps of Engineers (USACE), the National Resources Conservation Service, the Federal Highway Administration, and the US Geological Survey.

Findings from the 2008 study indicated a net loss of approximately 361,000 acres of wetlands in the coastal watersheds of the eastern United States between 1998 and 2004. The Atlantic and Gulf Coast watersheds lost approximately 60,180 acres of wetlands annually during that period. The study attributed the losses to a variety of causes including inundation, human activities, and saltwater intrusion. The release of that study prompted discussion at the federal level about the need for increased wetlands protection and restoration of the coastal watersheds, along with discussion of the role of local, state, and federal actions for protection of these resources. The stated focus of the updated study and data is to document the more recent trend in these watersheds. Other purposes stated in the study are “to help prioritize conservation planning efforts for coastal wetland resources and contribute additional information to the ICWWG to facilitate strategy and policy development.”

STUDY DESCRIPTION

Coastal wetlands ecosystems—the subject of the study—are, generally speaking, all wetlands in each eight-digit hydrological unit-code watershed that drain directly to the ocean coast and contain a tidal water body, as well as watersheds that drain directly to the Great Lakes.  This classification includes both saltwater and fresh water wetlands. Typical wetland types captured by this designation include salt marshes, mangrove swamps, fresh water forested swamps, flatwoods, freshwater marshes, shrub depressions, and wetlands adjacent to tidal rivers.  They are distinguished by tidal influence and the hydrologic connection of the watershed to the ocean or Great Lakes. The report contains mapping of the coastal watersheds involved and quantification for each. It ascribes losses and degradation of wetlands directly to population pressures and conversion of wetlands to developed or agricultural uses. These changes result in changes to water flow, increased pollution, and habitat fragmentation. These wetland systems exist in coastal counties where population density is increasing at a greater rate than that of non-coastal counties.

The study area consists of approximately 247 million acres of coastal watersheds, which involve more than 10,000 miles of coastline and almost 54,000 miles of tidal shoreline. The study was conducted by taking randomly selected plots from the study area for assessment by digital high-resolution imagery to identify changes.  This included digital high-resolution multispectral or infrared satellite imagery as well as true-color photography with 1-metre resolution. The sample plots covered four square miles; 2,614 plots were selected for sampling. The wetland and habitat changes were determined from analysis of the aerial imagery, determination of the wetland types, and identification of changes among the reference dates. The aerial imagery used was dated 2004 and 2009. Following imagery analysis, 380 sample plots (representing 14.5% of the total) were selected for ground verification. This field verification was used to confirm that the plot information was accurate.

Eight LLW Attorneys Named 2015 Best Lawyers by U.S. News Media Group and Best Lawyers®

Eight Lewis, Longman & Walker attorneys have recently been selected by their peers for inclusion in The Best Lawyers in America© 2015 by U.S. News Media Group and Best Lawyers®. Additionally, Terry Lewis has been named 2015 Lawyer of the Year in Environmental Law. Below is the comprehensive list:

  • Terry E. Lewis – 2015 Lawyer of the Year – Environmental Law
  • Anne Longman – Environmental Law; Environmental Litigation
  • Alfred J. Malefatto – Environmental Law
  • Stephen A. Walker – Environmental Law, Environmental Litigation
  • Wayne E. Flowers – Environmental Law, Environmental Litigation, Water Law
  • R. Steven Lewis – Environmental Law; Environmental Litigation
  • James W. Linn – Employee Benefits (ERISA) Law; Employment Management Law
  • Brenna M. Durden – Real Estate Law; Real Estate Litigation, Land Use & Zoning Law

Best Lawyers and Lawyer of the Year rankings are determined by a combination of hard data, peer reviews and client assessments. Rankings are distributed as a standalone publication to 30,000 general counsels and in digital format to 58,000 private practice lawyers worldwide.

Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. The online publication is estimated to receive 10 million viewers this year, and Best Lawyers has firmly established itself as a premiere legal referral source.

The 2015 edition of The Best Lawyers in America© includes 54,488 lawyers covering all 50 states and the District of Columbia and is based on more than 5.5 million detailed evaluations of lawyers by other lawyers. Best Lawyers® lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers. For more information on “Best Lawyers” rankings, visithttp://www.bestlawyers.com/default.aspx.

Chapter 189 Redux – New Requirements for Special Districts

By: Jennifer Cowan, Chris Lyon, and Terry Lewis

During the 2014 legislative session, Sen. Stargel of Lakeland filed Senate Bill 1632, which reorganized and streamlined the Uniform Special District Accountability Act, Chapter 189.  This bill passed and was signed into law by the Governor and is effective July 1, 2014.  SB 1632 makes four main substantive revisions to Chapter 189.  First, SB1632 provides a process of the review of and enforcement against special districts that are inactive or fail to comply with the statutory reporting requirements.   The law also repeals the general purpose local government review process for special districts and replaces it with a process giving the creating entity general oversight review authority.  This means for district created by special act, the Legislature has the general oversight, but for dependant districts, the general purpose local government to which the district is dependant has general oversight review authority.  SB 1632 also amends Chapter 112 to provide for the suspension and removal of special district board members just as it provides for the suspension and removal of city and county commissioner.  Further, please make note that the law requires that BY OCTOBER 1, 2015, ALL special districts shall maintain an official website that contains basic information on the district, including the district’s budget, audit, and other financial documents.   Should you have any questions regarding the reorganization and new requirements of Chapter 189, please contact feel free to contact us:  Jennifer Cowan, Bradenton Office, 941-708-4040,  Chris Lyon, Tallahassee Office, 850-222-5702, or Terry Lewis, West Palm Beach Office, 561-640-0820.

Firm News

LLW sponsored the Florida American Planning Association Conference held September 3-6, 2014 in Jacksonville, Florida.  The Florida Chapter of the American Planning Association (APA Florida) is a non-profit organization of professionals, students, and allied professionals providing vision and leadership for the future development and redevelopment of Florida communities.  Click here for more information about APA Florida.

The Commercial Space Summit was held September 10-11, 2014 in Jacksonville, Florida. The summit was co-hosted by JAXUSA and the Jacksonville Aviation Authority. The summit focused on the roles and responsibilities specific to the planning and completion of sub-orbital and low space missions. Brenna Durden, Bob Diffenderfer and Sean Alveshire attended the event and LLW was a proud sponsor.

Alfred Malefatto and Rachael Santana attended the Youth Empowerment Luncheon hosted by the Urban League of Palm Beach on September 12, 2014 in West Palm Beach, Florida.   Proceeds from the event went towards the Urban League’s NULITES program and their leadership and college scholarship fund.

John McWilliams attended the Bond Attorneys’ Workshop held September 17-19, 2014 in Chicago, Illinois.  The workshop was hosted by the National Association of Bond Lawyers, a non-profit organization dedicated to educating its members and others in the law relating to state and municipal bonds and other obligations.  Click here for more information about the National Association of Bond Lawyers.

LLW sponsored the American Association of Port Authorities’ Energy and Environment Seminar held September 16-18, 2014 in Chicago, Illinois. AAPA is a non-profit organization dedicated to protecting and advancing the common interests of its diverse members as they connect their communities with the global transportation system.  John Fiveash participated in two panel discussions on Stormwater Treatment. Click here for more information about the AAPA Conference.

LLW sponsored the South Florida Manufacturers Association Banquet held September 18, 2014 in Ft. Lauderdale, Florida.  Alfred Malefatto and Tyler Byrd attended the banquet.  Click here for more information about the SFMA.

LLW sponsored the Florida Shore and Beach Preservation Association’s Annual Conference held September 24-26, 2014 in Bonita Springs, Florida. Deborah Getzoff and Kevin Hennessy attended the event. Click here for more information about Florida Shore and Beach Preservation Association.

LLW sponsored the Cards for a Cure event held September 27, 2014 in Tallahassee, Florida.  Proceeds from the event supported the Tallahassee Memorial Cancer Center.  Click here for more information about the event.

LLW sponsored the FCMA Summit and Excellence in Manufacturing Awards held October 2-3, 2014 in Amelia Island.  The summit was hosted by the First Coast Manufacturers Association, a nonprofit trade association serving as the voice for manufacturers located in the Northeast Florida counties of Baker, Clay, Duval, Nassau, Putnam and St. Johns.  Brenna Durden and Sean Alveshire were in attendance at the event. Click here for more information about the First Coast Manufacturers Association.

The South Florida GIS Expo was held October 2-3, 2014 in West Palm Beach, Florida.  Seth Behn gave a presentation titled GIS and the Law: Opportunities and Pitfalls.  Click here for more information about the Palm Beach Countywide GIS Forum.

LLW sponsored the Florida Planning and Zoning Association Annual Education Seminar held October 2, 2014 in Jacksonville, Florida.  Click here for more information about the Florida Planning and Zoning Association.

Brenna Durden and Kathryn Rossmell attended the Florida Redevelopment Association Conference held October 7-10, 2014 in Miami, Florida.  The Florida Redevelopment Association brings together the many people across the state who are actively involved in preserving and improving Florida’s urban centers.  Click here to read more about the FRA.

LLW sponsored the 22nd Annual Fall Conference hosted by the American Bar Association Section of Environment, Energy and Resources Fall Conference held October 8-11, 2014 in Miami, Florida.  Julie Jennison and Michelle Diffenderfer were in attendance at the conference.  Click here for more information about the American Bar Association Section of Environment, Energy and Resources.

Deborah Getzoff participated in the Associated Industries of Florida 2014 Florida Water Forum held October 10, 2014 in Orlando, Florida.  The Forum and Florida Legislators addressed critical issues related to Florida’s water crisis.  Click here for more information about the 2014 Florida Water Forum.

LLW sponsored the Florida Association of Environmental Professionals October Member Appreciation event held October 15, 2014 in Tallahassee, Florida.  LLW is a proud sponsor of the event.  Click here for more information about the Florida Association of Environmental Professionals.

LLW sponsored the Great Grown-Up Spelling Bee held October 16, 2014 in West Palm Beach, Florida.  The Great Grown-Up Spelling Bee was hosted by the Literacy Coalition of Palm Beach County, an organization committed to ensuring that every resident of Palm Beach County is able to read.  Click here for more information about the Literacy Coalition of Palm Beach County.

Jim Linn and Jennifer Cowan attended the Florida Bar’s Public Employment Labor Relations Forum held October 23-24, 2014 in Orlando, Florida. Jim Linn gave a presentation titled FRS & Pension Developments.  Click here for more information about the event.

The American Intellectual Property Law Association Annual Conference was held October 23-25, 2014 in Washington, DC.  F. Joseph Ullo, Jr. was in attendance at the conference.  The AIPLA is a national bar association that represents a wide and diverse spectrum of individuals, companies and institutions directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property law.  Click here for more information about the American Intellectual Property Law Association.

LLW will sponsor the Women’s Voices Community Conversation held October 30, 2014 in Delray Beach, Florida.  The Women’s Voices Community Conversation is hosted by the Women’s Foundation of Palm Beach County and is a part of statewide effort to amplify women’s voices about the issues that impact their lives.  Click here to read more about the organization.

LLW is a proud sponsor of the Go Blue Awards on November 7, 2014 in Palm Beach Gardens.  The awards luncheon recognized businesses, non-profits and individuals who have promoted, implemented, or contributed to a “Blue” lifestyle of marine conservation.  The event is hosted by the Loggerhead Marine life Center.  Click here to read more about the event.

Bob Diffenderfer and Sean Alveshire will attend the Florida Airports Council Specialty Conference on November 19, 2014 in Orlando, Florida.  The Specialty conference is hosted by the Florida Airports Council, the largest airport-specific organization in Florida.  Click here for more information about the Florida Airport Council.

LLW will sponsor the Northeast Florida League of Cities dinner on December 4, 2014 in Jacksonville, Florida.  LLW is a proud sponsor of the event.  Click here for more information about the Northeast Florida League of Cities.