Showing posts with label Right to Farm Act. Show all posts
Showing posts with label Right to Farm Act. Show all posts

Monday, September 10, 2012

Join Me This Week for a Discussion about Agriculture, Planning, & Policy

Join me on Thursday of this week in Naples at the Florida Chapter of the American Planning Association's annual conference. I'll be moderating a panel discussion entitled "Agriculture Law & Policy in Florida: What Planners Need to Know." Here's the excerpt from the conference brochure:
Though the economy has slowed, growth pressures continue, while the local food and small farms movements gather steam. Planners are working to understand and address these issues. But agriculture is different. From agricultural enclaves under growth management law, to the Right to Farm Act, to the numerous preemptions against regulation by local government, Florida law and policymakers treat agriculture differently. After discussing the laws that planners should be aware of, the panelists with discuss the challenges, pitfalls, and opportunities that agriculture presents. Special emphasis will be placed on agriculture at the rural-urban fringe.
We have a great panel put together to discuss the issues that the planning community needs to know about. Here are the biographies for our panelists:

Robert Halman is the Collier County University Extension Director and Agricultural Agent with 26 years of extension experience providing timely, relevant programming for small farm operators and agribusiness enterprises. His focus is on sustainable agricultural enterprises, farm agrosecurity, emergency preparedness, and thriving communities. The agricultural program involves one-on-one consultations, farm visits, topical programming and facilitating community civic engagements. Robert has a B.S. in Dairy Science, a M.Ag. in Dairy Science, a M.S. in Food and Agricultural Science.

Phil Leary is a City Commissioner in Palatka. Previously, Phil served as the Planning Director for Clay and Putnam Counties and as Director of Government & Community Affairs for the Florida Farm Bureau Federation, the largest general farm membership organization in the state of Florida. While there, he represented Farm Bureau policy positions on local government land use, growth management, and environmental regulation. Phil continues his work on these issues at his government consulting firm. Phil received a B.S. in Agriculture from UF and completed post graduate work in Public Administration, Policy, and Planning at UNF.

Pat Steed is the Executive Director of the Central Florida Regional Planning Council. She has served as Planning Director for Polk County and the City of Lakeland, the MPO Coordinator, and as a Project Director for a national consulting firm. Pat has served on statewide committees, including DCA’s Rural Land Stewardship Advisory Committee. Currently, Pat is managing the Heartland 2060 visioning effort and development of a Regional Plan for Sustainable Development, which covers over half of Florida’s productive agricultural land. These efforts recognize the importance of viable agri-business for economic sustainability, including alternative crops and biofuels.

Joseph Gocsik received his Bachelor of Science in Natural Resources from The Ohio State University in 1996. In 1997 Joseph was hired as the Timber Forester for the 150,000 acre Withlacoochee State Forest where he was able to learn the “hands on” history of management practices in Florida and was introduced to the majority of habitats that currently exist. After serving the public for 2 ½ years Joseph chose to join a private forestry consulting firm in 2000 and served as a senior consulting forester and eventual division manager until January of 2008. In February of 2008 Joseph created Forest Environmental Solutions, LLC “FES” in hopes of better serving client needs, while providing them the best management services possible.

Jake Cremer is a fifth generation owner of timberlands in Florida, and he grew up working in his family’s timber operations. He served the Department of Community Affairs as a Gubernatorial Fellow and has received FAPA’s Outstanding Student Planner Award. Currently, he represents landowners in interactions with government at Bricklemyer Smolker & Bolves in Tampa. He assisted in the defense of property rights before the U.S. Supreme Court in the controversial Stop the Beach Renourishment case. Jake received a BA in Economics & Business from Rhodes College. He holds a JD and MSP in urban and regional planning with a certificate in real estate development from FSU.

Thursday, October 20, 2011

Third Quarter 2011: Recent Florida Environmental and Land Use Case Law

This post continues my series of case law updates for those interested in recent environmental and land use cases in Florida. Once again, these cases come from the case law update that I coauthor in the newsletter of the Environmental and Land Use Law Section of the Florida Bar. Below are the cases we reviewed this quarter.

  • Walthour v. Malibu Lodging Investments, LLC, 2011 WL 2135594 (Fla. 3d DCA June 1, 2011), a city ordinance with no variance provision is constitutional as long as it does not create a “unique hardship” for the landowner.
  • Wilson v. Palm Beach Cnty., 62 So. 3d (Fla. 4th DCA June 15, 2011), holding that the Right to Farm Act does not prohibit the enforcement of local government ordinances regulating farming activities adopted prior to June 2000 (although this holding was likely reversed by Ch. 2011-007, Laws of Fla.)
  • Pembroke Ctr., LLC v. Dep’t of Transp., 2011 WL 2555569 (Fla. 4th DCA June 29, 2011), not allowing an inverse condemnation claim where the government is merely planning for future events and access is not lost.
  • Heritage 5, LLC v. Estrada, 2011 WL 2848664 (Fla. 4th DCA July 20, 2011), applying the reasonable use rule to man-made drainage schemes that further natural flows.
  • Highwoods DLF EOLA, LLC v. Condo Dev., LLC, 51 So. 3d 570 (Fla. 5th DCA 2010), establishing in potential conflict with the 2d DCA that quasi-judicial proceeding participants cannot be barred from subsequent certiorari proceedings. 

You can find more details in this quarter's newsletter. Please email me as you become aware of cases we should review.