Municipal Counsel – Weiss Serota Helfman Cole + Bierman

WSHC+B team successfully defended the Village of Key Biscayne in Miami’s Third District Court of Appeal

Weiss Serota Helfman Cole + Bierman — Wed, 20 Jul 2022 14:54:06 +0000

WSHC+B founding partner Joseph Serota and partner Laura Wendell successfully defended the Village of Key Biscayne before the Miami’s Third District Court of Appeal, resulting in the advancement of a $100 million General Obligation Bond Referendum that will facilitate important infrastructure projects for the Village to protect against the effects of sea-level rise and hurricanes.

“The trial court decision and the appellate decision will now permit the bond process to proceed and the very important needs of the Village to improve its infrastructure to be addressed,” Joe said to Islander News.

An accomplished litigator and trial lawyer with dozens of successful trials and appeals to his credit, Joe represents private and public clients across a broad range of subject areas. Laura is a Florida Bar Board Certified attorney in Appellate Practice and represents private and municipal clients in state and federal courts.

WSHC+B appointed Interim Attorney for Town of Kenneth City

Weiss Serota Helfman Cole + Bierman — Tue, 19 Jul 2022 19:19:07 +0000

Weiss Serota Helfman Cole + Bierman has recently been appointed Interim Attorney for the Town of Kenneth City, located in southern Pinellas County, Florida. Attorneys Anthony C. Soroka and Sarah L. Johnston will lead the WSHC+B team serving as Interim Attorney. WSHC+B currently serves as municipal or county attorney to more than 20 local government entities across the state and acts as outside or special counsel to more than 80 public entities. The firm regularly represents government entities in all facets of local government law, including administrative matters and proceedings, drafting resolutions and ordinances, code enforcement, ethics laws, land use and zoning, public records and Sunshine Law matters, right-of-way programs, civil litigation, labor and employment, pension laws, real estate, public finance, and contracting, among others.

The Town of Kenneth City was incorporated in 1957 and has a population of approximately 5,000 residents. As Interim Attorney, WSHC+B will provide legal counsel to the Mayor, Town Council and staff of the Town. WSHC+B is honored to be of service to the citizens of Kenneth City, Florida.

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WSHC+B Files Petition on Behalf of Six School Districts, Challenging State COVID-19 Safety Protocols in Schools

Weiss Serota Helfman Cole + Bierman — Wed, 13 Oct 2021 12:45:45 +0000

WSHC+B’s constitutional law dream team Jamie A. Cole, Edward G. Guedes and Richard Rosengarten are challenging the state’s anti-mask mandate before the Florida Division of Administrative Hearings on behalf of six Florida school districts. The districts argue that the state rule that prevents them from taking basic COVID-19 safety measures based on local conditions is legally invalid.

The six school districts challenging the rule are Miami-Dade, Leon, Duval, Broward, Orange and Alachua.

According to Jamie, the Florida Department of Health’s latest emergency order does nothing to prevent communicable disease. “A rule that says parents have to have the sole discretion to opt their kids out of a mask mandate does not control COVID,” observed Jamie. “If anything, it results in less children wearing masks, which will result in more spread of COVID.”

“The DOH rule challenged in this petition is actually focused not on controlling COVID-19, but rather on protecting parental rights,” reads the case filed by Jamie, Edward and Richard. “The DOH does not have rulemaking authority in this area and thus exceeded its rulemaking authority.”

The division of administrative hearings has assigned Administrative Law Judge Brian Newman to preside over the rule challenge. A final hearing has been scheduled to begin on October 21, 2021.

To read the full petition, click here.

Click the links below to see media coverage.

WTXL: https://www.wtxl.com/news/local-news/leon-county-joins-five-other-school-boards-challenging-state-mask-quarantine-rulings?utm_source=rss&utm_medium=rss

WSVN: https://wsvn.com/news/local/miami-dade/m-dcps-to-relax-covid-19-quarantine-rules-for-middle-school-students/?utm_source=rss&utm_medium=rss

WJCT: https://news.wjct.org/first-coast/2021-10-07/duval-school-board-sues-state-over-mask-mandate?utm_source=rss&utm_medium=rss

WOFL: https://www.fox35orlando.com/news/six-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/10/07/six-school-districts-including-leon-challenge-florida-rule-on-masks-quarantines/6037810001/?utm_source=rss&utm_medium=rss

Jacksonville News: https://www.jacksonville.com/story/news/education/2021/10/07/duval-school-board-sues-state-health-department-over-mask-mandate-ban/6034787001/?utm_source=rss&utm_medium=rss

Latin Post: https://www.latinpost.com/articles/152291/20211007/florida-school-board-oks-funding-cuts-sanctions-schools-defying-mask.htm?utm_source=rss&utm_medium=rss

Florida Politics: https://floridapolitics.com/archives/463271-six-school-districts-file-suit-against-states-school-mask-and-quarantine-rules/?utm_source=rss&utm_medium=rss

WFOR: https://miami.cbslocal.com/2021/10/07/six-florida-districts-including-miami-dade-broward-challenge-rule-on-masks-quarantines/?utm_source=rss&utm_medium=rss

WLRN: https://www.wlrn.org/news/2021-10-07/six-florida-school-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

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Jamie A. Cole and Edward G. Guedes respond to new executive order in Florida that eases school COVID rules

Weiss Serota Helfman Cole + Bierman — Fri, 24 Sep 2021 14:30:11 +0000

WSHC+B partners, Edward G. Guedes and Jamie A. Cole, discussed the impact of the new Department of Health emergency rule allowing parents to determine whether or not they quarantine their child after being exposed to someone who has tested positive for COVID-19.

The previous emergency rule banning universal mask mandates in schools has become moot after Florida’s new surgeon general, Dr. Joseph Ladapo, issued a new emergency rule putting masking and quarantine decisions at the sole discretion of parents.

The Tampa Bay Times reported that the emergency rule was unveiled to the public in court documents pertaining to a case brought by the school districts in Alachua, Broward, Leon, Miami-Dade and Orange counties. Jamie and Ed, along with firm attorney Richard Rosengarten, are representing the Leon and Miami-Dade School Boards in that matter.

The districts’ challenge to a mask mandate rule ended Wednesday after an attorney representing the state filed a motion to dismiss the case, arguing the case was moot because the new rule had repealed and replaced the earlier challenged rule. The request came two days before the case was set to begin before administrative law judge Brian Newman, who had set aside a week to hear arguments.

The department “did the [new] rule with absolutely no public notice, no hearing, no transparency whatsoever,” observed Jamie. “What is the emergency now that necessitated making this emergency rule?”

Ed raised concerns about the pattern that seemed to be emerging in the state’s approach.

“What’s going to happen the next time” a legal challenge nears its hearing date, Guedes asked. “Are they going to wait until the last minute and say, ‘Oh, we’ve repealed it and here’s another’?”

If that occurs, he observed, the state agency will have engaged in rule-making in a way that evades judicial review.

Click the links below to see media coverage.

MSN: https://link.edgepilot.com/s/7bf8501c/mghaWBum-EuVJPMmi9GO0g?u=https://www.msn.com/en-us/news/us/florida-issues-new-executive-order-easing-school-covid-rules/ar-AAOIa0p&utm_source=rss&utm_medium=rss

Tampa Bay Times: https://link.edgepilot.com/s/a99a73ec/thOdU0CUn0WvBTzaT2na4w?u=https://www.tampabay.com/news/florida-politics/2021/09/22/florida-issues-new-executive-order-easing-school-covid-rules/&utm_source=rss&utm_medium=rss

Miami Herald: https://link.edgepilot.com/s/12881c39/gbnEBWJTVkWsMp7iZ2B7yA?u=https://www.miamiherald.com/news/local/education/article254436773.html&utm_source=rss&utm_medium=rss

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Jamie A. Cole discusses Leon School Board Mask Mandate Policies with ABC 27

Weiss Serota Helfman Cole + Bierman — Wed, 15 Sep 2021 19:40:06 +0000

WSHC+B partner and managing director of the firm’s Fort Lauderdale office, Jamie A. Cole, spoke with ABC 27 about mask mandate policies in schools and the Department of Health rules. Jamie and the firm are representing a number of school districts, including the Leon County School District, with respect to their mask mandate and other COVID policies.

When ABC 27 asked about the Executive Order issued by the Florida Department of Health that gives parents the authority to determine whether or not their child wears a mask at school, Jamie explained that “the Department of Health is only allowed to issue rules to protect against communicable diseases. That portion of the rule does not protect against communicable diseases.”

Jamie continued to explain that parents don’t have a right when it infringes on another parent’s right.

At the time of this interview, the first district court of appeals reinstated Florida’s ability to protect the freedom for parents to decide whether or not their child wears a mask while the court makes their own ruling on the appeal.

The policy in question hinges on how much authority a school district will have going forward on matters of protecting students.

Click here to watch the interview.

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Jamie A. Cole to Represent Leon School Board on Their Mask Mandate Policies

Weiss Serota Helfman Cole + Bierman — Tue, 07 Sep 2021 15:38:36 +0000

WSHC+B partner and managing director of the firm’s Fort Lauderdale office, Jamie A. Cole, will represent Leon County Schools in navigating the legal challenges regarding mask mandates in public schools.

After Superintendent Rocky Hanna instituted a temporary mask mandate for students in pre-Kindergarten through eighth grade, Florida Education Commissioner Richard Corcoran said the state will continue to withhold part of the salaries of superintendents and school board members in counties requiring in-school masks with no parental opt-out.

Cole, along with Firm partner, Ed Guedes, and senior associate, Richard Rosengarten, is also representing the School Board of Miami-Dade on similar matters, but Cole noted that Leon County is different because they began the school year by complying with the state’s interpretation of the emergency rule.

In a letter from Leon County Schools, which Cole assisted in drafting, the district argued it is following the DOH rule based on its language. It stated that to comply with the state’s interpretation of the rule, they would have to ignore CDC guidelines, the Florida state Constitution, and Florida statutes.

School Board members continue to insist that the issue is broader than masks, that this is a battle for home rule and the right of school districts to protect their own children.

In an interview with WFSU Public Media, Cole said “I’ve been fighting for home rule for cities and governments. And if the state or the governor and other state agencies are able to force you to do whatever they say and penalize you personally for doing it or kick you out of office for the way you vote—it goes to the heart of democracy and the separation of powers.”

According to Cole, this is a very difficult spot to be in and school board members are doing what they believe is right for the safety and health of their students.

Click the links below to see media coverage.

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/09/02/leon-school-board-unanimously-votes-hire-lawyer-fight-desantis/5693841001/?utm_source=rss&utm_medium=rss

WCTV: https://www.wctv.tv/2021/09/03/leon-county-school-board-votes-hire-attorney-gearing-up-legal-fight-over-mask-mandate/?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-hires-lawyer-responds-to-corcorans-grave-concerns?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-board-takes-extra-steps-to-strengthen-defense-against-corcoran?utm_source=rss&utm_medium=rss

The Famuan: http://www.thefamuanonline.com/2021/09/02/leon-county-school-board-hires-firm-in-fight-with-state/?utm_source=rss&utm_medium=rss

WFSU: https://news.wfsu.org/wfsu-local-news/2021-09-02/leon-school-district-lawyers-up-in-preparation-for-potential-lawsuits-over-its-mask-policy?utm_source=rss&utm_medium=rss

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WSHC+B Attorney Chanae L. Wood is the Recipient of the Diversity, Equity, and Inclusion Award at the upcoming IMLA Annual Conference

Weiss Serota Helfman Cole + Bierman — Fri, 27 Aug 2021 16:21:01 +0000

The firm is pleased to announce that Chanae L. Wood has been recognized by the International Municipal Lawyers Association (IMLA) for her efforts in Diversity, Equity, and Inclusion. Chanae serves as the Chair of the firm’s Diversity and Inclusion Program Committee and speaks often on DE&I matters. In less than a year, what started out as Chanae’s idea for an internal D&I program to foster in-depth conversations and inclusion education among the firm’s attorneys and staff blossomed into a much larger endeavor within the legal community.

Chanae will be officially recognized as the Diversity, Equity, and Inclusion honoree during the IMLA’s 86th Annual Conference taking place in Minneapolis, September 29-October 3, 2021.

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WSHC+B Partner Recognized as Social Impact Honoree for the South Florida Business & Wealth 2021 Legal Awards

Weiss Serota Helfman Cole + Bierman — Fri, 13 Aug 2021 21:01:22 +0000

The firm is pleased to announce that John Quick has been recognized by South Florida Business & Wealth as the Social Impact Honoree of their 2021 Legal Awards.

As South Florida’s industry sectors become increasingly diversified, the legal landscape has become more complex, with clients demanding a high level of service and sophistication in all practice areas. SFBW understands how much the region’s success depends on top-flight attorneys and are celebrating their accomplishments, acumen, and dedication with the Legal Awards.

John will be officially recognized as the Social Impact Honoree, during the in-person joint Awards Ceremony and Legal Guide Release Party on November 4th, 2021, at the Museum of Discovery and Science.

Click here for more information about the event.

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Florida Law Update: Senate Bill 60 – County and Municipal Code Enforcement

Jose L. Arango — Thu, 01 Jul 2021 14:54:39 +0000

On June 29, 2021, CS/SB 60 was signed by Governor DeSantis, becoming effective on July 1, 2021. As of its effective date, municipal and county code inspectors are prohibited from initiating investigations on code violation complaints that were submitted anonymously. Any person who submits such a complaint must provide his or her name and address to the pertinent local government before an investigation occurs. However, this prohibition does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

In light of the new law, all code enforcement personnel should be briefed accordingly so that they may make necessary changes in operating procedures.

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Susan Trevarthen Recognized as 2021 Home Rule Hero Award Honoree by Florida League of Cities

Weiss Serota Helfman Cole + Bierman — Wed, 02 Jun 2021 13:58:43 +0000

The Florida League of Cities recognized Susan Trevarthen as a 2021 Home Rule Hero Award Honoree in recognition of her hard work and advocacy efforts during the 2021 Legislative Session. Susan worked tirelessly throughout the session to promote local voices making local choices, to protect the Home Rule powers of Florida’s municipalities and to advance the League’s legislative agenda. Susan serves as the municipal attorney for Bal Harbour and for Lauderdale-By-The-Sea in Broward.

Home Rule is the ability for a city to address local problems with local solutions with minimal state interference. Home Rule Hero Award recipients consistently respond to the League’s request to reach out to members of the legislature and help give a local perspective on an issue.

Susan serves as the Chair of WSHC+B’s Public Land Use and Zoning Group. She has extensive experience in constitutional law in land use, as well as school planning and mandatory school concurrency. She is AV rated and has been recognized as one of the top land use attorneys in the state by Florida Trend and SuperLawyers. She also serves as the lead municipal attorney for two coastal communities in Miami-Dade and Broward Counties.

Susan will be recognized at the Broward League of Cities meeting on June 3. To view the 2021 Home Rule Heroes, click here.

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