36th Annual. Seminar FLORIDA MUNICIPAL ATTORNEYS ASSOCIATION. The Vinoy Renaissance St. Petersburg Resort & Golf Club July 27-29, 2017

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1 36th Annual Seminar FLORIDA MUNICIPAL ATTORNEYS ASSOCIATION The Vinoy Renaissance St. Petersburg Resort & Golf Club July 27-29, 2017

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3 General Information The 36th Annual Seminar of the Florida Municipal Attorneys Association (FMAA) will be held at the Vinoy Renaissance St. Petersburg Resort & Golf Club on July 27-29, The seminar will begin on Thursday afternoon at 12:45 p.m. with sessions on Friday and Saturday mornings. A tentative program has been included as a general representation of topics to be discussed. Although unlikely, the tentative program is subject to change. A full reception including cocktails and heavy hors d oeuvres is planned for Thursday evening. Up to two tickets for the reception are included in the registration fee. Additional reception tickets may be purchased at a cost of $15.00 for children ages 5-12 and $25.00 for children older than 12 and adults. A luncheon is planned for Friday afternoon and one ticket is included in the registration fee. Additional luncheon tickets may be purchased for $ Seminar Registration You are encouraged to register in advance to avoid any delays at the seminar registration desk. Please fill out the enclosed Seminar Registration Form and return it with all registration fees to the Florida Municipal Attorneys Association, P.O. Box 1757, Tallahassee, Florida If you have any questions, contact Lisa Dove or Melanie Howe at (850) Checks should be made payable to the Florida Municipal Attorneys Association. Visa or MasterCard payments are also accepted, but must be made online only. When your registration form is received, a confirmation of registration will be ed. Please Note: If you are physically challenged and require special services, or if you have special dietary needs, please attach a written description to your registration form. 1

4 Online Registration FMAA offers a convenient online registration option through our website at Simply follow the instructions and complete the registration form. If you need login or password assistance, contact Melanie Howe at mhowe@flcities.com. There are two payment options for online registration. You can select to send a check to the address noted above, or you can pay directly online with a Visa or MasterCard. Registrations submitted and paid online via credit card will automatically be marked as paid and you will receive your seminar confirmation immediately via ! (You must supply your address to receive your confirmation.) Confirmations include your registration information, totals and registration number for your reference. Please note that payments via credit card may only be made online. NOTE: Online registration is subject to the same deadlines as regular registration. If you select to pay by check, your payment must reach the FMAA office postmarked no later than July 7, 2017, to qualify for the early registration fee. Otherwise, your registration will be subject to the higher regular fee. Registration Fee The early registration fee for the 36th Annual Seminar is $ and must be postmarked on or before July 7, Registrations postmarked after July 7 will be subject to the regular registration fee of $ This fee covers all refreshment breaks, two tickets for the reception on Thursday evening, one Friday luncheon ticket and all printed materials. 2

5 Refunds In the event prepaid registrants find it impossible to attend the seminar, a letter or fax received in our office to that effect by 5:00 p.m., Friday July 14, 2017, will authorize a full refund. Prepaid registrants not canceled by 5:00 p.m., Friday, July 14 will be included in the guaranteed attendance count. Because of the need to give advance guarantees, no refunds can be made after July 14, or for early departure from the seminar. Hotel Accommodations The unique Vinoy Renaissance St. Petersburg Resort & Golf Club is the location for the FMAA Seminar in Located in the heart of downtown St. Petersburg, the Vinoy offers a wide variety of opportunities for entertainment and relaxation. All rooms for the FMAA seminar are located in the Vinoy s historic main building. FMAA has negotiated several rate options within the hotel: Standard Deluxe Rooms $159/Night The most affordable rate option, these rooms are located at the rear of the resort. Tea Garden View Rooms $179/night These rooms feature views of the resort s attractive tea garden. Bay View Rooms $199/night These rooms feature views of Tampa Bay and the Vinoy Marina. In addition, a very limited number of One Bedroom Parlor Suites are available on a first-come, first-served basis at the rate of $299/night. Self-parking is available at the reduced rate of $8/day for FMAA participants. 3

6 Reservation Procedures Reservations can be made by contacting the Vinoy at (727) or 1-(888) ; or via an online link that you will receive with your registration confirmation. Reservations must be made prior to July 5, 2017, to help ensure rate and availability. Be sure to mention FMAA in order to receive the reduced rates. Remember that we are unable to guarantee reservations for anyone, nor the exact date on which the hotel block will sell out, so don t delay. Resort Policies Check-in time is after 4:00 p.m. Check-out time is before 11:00 a.m. Cancellations must be made at least 72 hours in advance of scheduled arrival in order to avoid a penalty. A credit card is required to guarantee reservations, but payment is not required until check-in. Tax exempt forms must be shown at time of payment, or sent with payment if paying in advance. Resort Amenities & Recreational Opportunities The Vinoy Resort on St. Petersburg s downtown waterfront blends historic charm with modern luxuries and amenities. It features a pool, spa and onsite golf course and is located within walking distance of great museums, shops and restaurants. For more information, visit the resort s website at marriott.com/hotels/travel/ tpasr-the-vinoy-renaissance-st-petersburg-resort-and-golf-club. 4

7 FMAA Tentative Program Please note that the following sessions are included as tentative topics and subject to speaker confirmation. If you have any questions, please contact Eric Hartwell or Lisa Dove at (850) Thursday, July 27, :00 p.m. - 5:00 p.m. Registration 12:45 p.m. - 1:00 p.m. Announcements and Introductions 1:00 p.m. - 2:15 p.m. Labor and Employment Liability Issues Affecting the City 1. Medical Marijuana from the Municipal Employer s Perspective: This presentation will provide an update on the responses to medical marijuana by cities including key provisions of the constitutional amendment legalizing medical marijuana, its impact on employees who use it for treatment, employee drug testing, and employment discrimination laws. 2. Modifying Collective Bargaining Agreements: This presentation will provide an overview of collective bargaining agreements, the conditions that permit the municipality to reopen the collective bargaining process, the process for the parties to resolve impasses, and the requirements the public employer must meet to unilaterally modify terms and conditions of employment. 3. The Labor Arbitration Process: This topic will explain the basics of the labor arbitration process for resolving disputes between the municipal employer and organized segments of its workforce. 2:20 p.m. - 3:40 p.m. Municipal Litigation and Dispute Resolution Issues 5

8 Thursday, July 27, 2017 (continued) 1. Municipal Defenses: A consideration of the basic technical and procedural defenses a municipal attorney should consider when the city must defend various claims in litigation. This presentation will cover the required notice provisions of Chapter 768, Fla. Stat. in tort matters, application of statutes of limitation, standing requirements, and other issues helpful to the defense. 2. The Land Use Environmental Dispute Resolution Act: This topic will explore the basics of sec , Fla. Stat. and the scope of its application to local land development permitting decisions and related disputes. 3. The Top Ten Lawsuits Cities Face and How to Prepare: This topic explores the results of practice and claims data to reveal the most common lawsuits brought against municipalities. The presentation will provide the basics of the causes of action and how cities should prepare in order to provide the best possible defense of their interests. 3:45 p.m. - 5:00 p.m. Hot Topics 1. Legislative Update: This presentation will provide an overview of significant legislation enacted during the recently concluded 2017 legislative session. 2. Home Rule in a State of Preemption: This topic will explain the constitutional limits on state legislative preemption and constitutional protections regarding Home Rule. The topic also includes a review of recent ordinances and lawsuits by municipalities asserting Home Rule authority, and a discussion of the non-delegation of legislative powers doctrine and how it can limit legislative delegations and preemptions. 3. The Good, Bad and Ugly of Social Media Use by Local Governments: Many cities and their elected leaders use social media platforms to communicate to a broad audience efficiently or to maintain 6

9 a community presence. Social media can gratify those curious about government affairs or serve as a platform for the dissatisfied citizen. These reflect the best and worst of social media and can lead to tricky legal issues. This presentation will consider the benefits of social media use, legal issues involved with social media use, social media use policy for staff and users, and potential governmental liability arising from First Amendment claims or other causes of action. 5:45 p.m. Reception Friday, July 28, :45 a.m. - 8:15 a.m. Continental Breakfast 7:45 a.m. - 12:00 p.m. Registration 8:00 a.m. - 9:30 a.m. Ethics, Professionalism and the City Attorney 1. Ethics and Practice Considerations for the City Attorney: This presentation will provide an overview of the Florida Bar s grievance process, how to avoid bar complaints, and how to access professional practice resources. In addition, the presentation will touch on ethics issues that commonly arise in local government law practice, including issues relating to concurrent representation, organizations as clients, and confidentiality of client information. 2. Technology in Practice and the City Attorney: A new Florida Bar rule took effect January 1, 2017, requiring education on the use of technology in the practice of law. This presentation will discuss the key rules of attorney conduct likely implicated by the use (or misuse) of technology such as the attorney-client privilege, client confidentiality, and communication with one s client. It will then provide insight about the prevalence of web technologies and mobile devices in the practice of law; law office data security; considerations when working on public wireless internet connections; and insights for those considering the use of third party remote cloud storage of files holding privileged or sensitive client information. 7

10 Friday, July 28, 2017 (continued) 9:35 a.m. - 10:50 a.m. In Pursuit of the Health, Safety and Welfare of the City 1. Update on the Regulation of Short Term Rentals/Vacation Homes: Cities that want to manage short term rental housing impacts on the surrounding communities of permanent residents are increasingly squeezed between the wishes of constituents and evolving state law expanding the scope of private property rights. Affected property owners have figured out that the Bert J. Harris Private Property Rights Act provides a ready-made tool for challenging these rental regulations. This presentation will provide an update on the regulation of short term rentals, the related rash of Harris Act claims and recent efforts of the state legislature to further regulate in this area. 2. What Every City Attorney Should Know about Florida s Brownfield Redevelopment Program for Clean-up and Redevelopment of Contaminated Properties: This topic explores the basics and benefits of the use of Florida s Brownfields Redevelopment program for the remediation and redevelopment of contaminated properties in your community, the city s legal role, and best practice tips when facing these issues. 3. Regulation of Street Vendors: This presentation will explore the problems associated with mobile or street vendors of food or goods. The discussion will outline various steps cities can take to assure an orderly coexistence between the public, businesses and street vendors. Additionally, it will discuss recent case law upholding local ordinances in this area. 10:55 a.m. - 12:10 p.m. Municipal Finance, Revenue and Taxation Issues 1. Sovereign Immunity as a Defense Against County-Imposed Fees: This presentation will address the legal issues decided in the recently concluded litigation between Palm Beach County, Florida 8

11 and various cities within Palm Beach County over the county s charter-created countywide Office of Inspector General. The discussion will analyze how cities challenged the county s funding mechanism for the newly created office on the basis of sovereign immunity and municipal powers and how the cities prevailed. 2. Overview of Ad Valorem Tax Exemptions and PILOT Fee Agreements by Cities: This presentation will provide an overview of the law governing ad valorem tax exemptions for municipally owned property and for property used predominantly for educational, literary, scientific, religious or charitable purposes. It will also discuss recent case law providing authority for payment in lieu of taxes on property statutorily exempt from ad valorem taxation. 3. Community Development Districts: This presentation will cover state law authorizing the establishment of community development districts. The discussion will cover the process for implementing these special districts, typical scenarios for their use and considerations related to their ongoing operations and maintenance, as well as their abandonment. 12:15 p.m. Luncheon Award Presentation: Paul S. Buchman Award Business Meeting: Election and installation of new officers and discussion of future seminar locations. Saturday, July 29, :00 a.m. - 8:30 a.m. Continental Breakfast 8:00 a.m. - 12:00 p.m. Registration 8:15 a.m. - 9:30 a.m. Land Use, Zoning and Private Property Rights in the City 9

12 Saturday, July 29, 2017 (continued) 1. Update on Local Regulation of Affordable Housing: This topic will explore the legal basis for establishing affordable housing elements in local developments, potential private property rights liability and other risks associated with implementing such requirements. It will also cover the experiences of cities throughout Florida where such measures have been considered or enacted. 2. Zoning as a Community Conversation: This presentation will provide a high-level approach to the local zoning process, including lessons learned through certain zoning challenges, suggested roles for local government across development/land use scenarios, and how local government can take a leading role to negotiate efficient outcomes among the stakeholders in land use decisions. 3. Legal Issues in Historic Preservation: This presentation will cover some of the common legal issues associated with local government historic preservation efforts. What are the Harris Act and Takings considerations of an historic preservation ordinance? How do local governments typically regulate work to historic structures--including proposals for demolition? What standards of review are commonly applied by historic preservation boards, and how can these standards be improved to avoid a vagueness challenge? How do state and federal preservation laws and programs impact local governments? The presentation will also review recent case law addressing historic preservation. 9:35 a.m. - 10:50 a.m. Back to Basics 1. How to Successfully Procure Solid Waste Collection Services: This presentation will cover the issues that a city attorney and city staff need to address, and the steps they need to take, when procuring solid waste collection services. 2. Sunshine Law Update: This topic will provide an overview of Florida s open meetings law application to local governments and discuss recent case law and legislation addressing the Sunshine Law. 10

13 3. Unique Issues for City Attorneys Facing Citizen-led Ordinance Initiatives or Charter Amendments: This presentation will discuss the city s role when confronted with a citizen-led ordinance initiative or charter amendment. It will include the basics of the charter amendment and ordinance initiative process, the requirements when such proposals are made, and the extent to which the city may address the legal sufficiency of the proposal or expend funds in relation to the issues presented. 10:55 a.m. - 12:10 p.m. Hot Topics II 1. Florida Update Wireless Communications, Electric Power and Rights-of-Way: This presentation will provide a review of current issues facing Florida s municipalities related to the commercial uses of public rights-of-way, including the influx of applications for microcell, DAS and monopole communication infrastructure installations. Further it will discuss ways to address these requests and the authority by which municipalities may use, or amend for such use, existing land development regulations and home rule authority to manage access to public rights-of-way. Finally, this presentation will update recent changes in judicial and statutory law regarding electric facilities in Florida s rights-of-way. 2. Sober Homes/Group Homes Update Is the Recent Federal Guidance a Help or Hindrance to Local Governments?: In November 2016, DOJ and HUD, federal agencies jointly tasked with enforcing the federal Fair Housing Act, released updated administrative guidance regarding local regulation of so-called sober homes and group homes. This presentation will give a brief overview of the common zoning issues surrounding these recovery facility uses. It will also explain important aspects of the recent federal guidance and discuss whether potential liability exposure has changed for cities seeking to manage these uses. 11

14 Saturday, July 29, 2017 (continued) 3. Zoning Related to Medical Marijuana Beyond the Moratoria: With the passage of a constitutional amendment which legalized broader use of medical marijuana, cities must now be prepared to regulate medical marijuana commerce and the parallel issues of public safety, law enforcement, and other matters which will impact city businesses and residents. This presentation will discuss the current regulation efforts aimed at these concerns and offer helpful zoning responses for city attorneys preparing to move beyond moratoria. 12:10 p.m. Adjourn 12

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16 Florida Municipal Attorneys Association P.O. Box 1757 Tallahassee, FL Please Note: Hotel Reservation Deadline: July 5, 2017 Early Registration Deadline: July 7, 2017 Seminar qualifies for CLE and local government law certification