John R.  Herin, Jr. - Attorney at Law

401 East Las Olas Blvd.
Suite 1000
Post Office Box 2328 (33303-9998)
Fort Lauderdale, Florida 33301

P 954-761-8111
F 954-761-8112
D 954-761-7500
M 305-409-0107

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Biography

John is of counsel in the firm's Land Use, Environment, and Government Affairs Department. He brings to the firm over 20 years of experience in the private and public sector. His practice focuses on representing private and public clients in the areas of land use, zoning, and local government, administrative and environmental law. John has handled complex development entitlement matters throughout Florida, including comprehensive plan, platting, permitting, site plan and zoning applications and amendments; endangered species, submerged land leases, and stormwater and wastewater permitting; and lender/buyer due diligence issues. He also has extensive experience in representing firm clients with respect to eminent domain, inverse condemnation and land use litigation, as well as claims under the Bert J. Harris, Jr., Private Property Rights Protection Act.

John appears before the Florida governor and cabinet, cabinet aides, district and circuit courts, division of administrative hearings, state agencies and local government bodies on a broad range of environmental and land use issues, and has drafted hundreds of ordinances and resolutions for cities and counties, covering a wide array of subjects. He is a frequent speaker on governmental and land use topics. 

Additional Information About John R. Herin, Jr.

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Education
  • University of Central Florida, B.A. (political science, 1986)
  • Stetson University College of Law, J.D. (1991) 
Professional Associations & Memberships
  • The Florida Bar
    • Board Certified in City, County and Local Government Law
    • City, County and Local Government Law Section, Member
    • Environmental and Land Use Law Section, Member
  • Florida Municipal Attorneys Association, Member
  • Greater Miami Chamber of Commerce, Member
  • Cuban American Bar Association, Member
Admissions
  • Florida
Awards & Recognitions
  • AV Preeminent™, Martindale Hubbell
  • Florida Super Lawyers, 2007
  • The American Lawyer & Corporate Counsel, Top Lawyer in Land Use and Zoning, 2013
Representative Experience

Private Sector Experience

  • Obtained a vested rights determination on summary judgment for developer of proposed 12-story beachfront residential condominium, notwithstanding a referendum initiative that resulted in an amendment to the city charter limiting the height of all new construction to three stories
  • Obtained required permit approvals from local government allowing developer to use transferable development rights to increase density and height of office building project
  • Assisted owner of regional mall in securing amendments to local government's comprehensive plan and land development regulations to facilitate redevelopment of property into a mixed-use regional activity center
  • Represented group of agricultural property owners in a $172 million Bert J. Harris, Jr. Private Property Rights Protection Act claim arising from county's change in interpretation of open-space requirements in comprehensive plan and land development regulations
  • Negotiated and drafted public-private agreement for the construction of dual radio transmission/emergency management communications tower on special district property
  • Represented clients completing environmental remediation projects in connection with ongoing industrial operations and redevelopment projects
  • Assisted national banking institution in securing amendments to the Palm Beach County Land Development Code to allow stand-alone banking centers as a matter of right in most commercial zoning districts
  • Represented clients in due diligence associated with acquisition of land for industrial, commercial and residential development
     

Public Sector Experience

  • Served as city attorney for the City of Marathon
  • Served as city attorney for the City of Doral
  • Served as interim village attorney for the Village of Palmetto Bay
  • Served as town attorney for the Town of Miami Lakes
  • Served as village attorney for the Village of Islamorada
  • Served as special counsel to city in the negotiation and drafting of a development agreement wherein property owner voluntarily contributed monetary and off-site improvements benefiting city's residents
  • Served as special counsel to city in an annexation dispute with adjacent local government
  • Served as special counsel to town with respect to draft environmental impact statement for proposed runway expansion
  • Served as special counsel to hospital special district in court challenge to the imposition of a municipal special assessment
  • Serves as special counsel to municipality in special assessment dispute with county
  • Serves as Code Enforcement Special Magistrate to local municipality in Broward County
  • Serves or has served as city attorney, assistant city attorney, assistant county attorney and special counsel to numerous local governments and quasi-governmental agencies
Reported Cases
  • Sansbury v. City of Orlando, 654 So.2d 965 (Fla. 5th DCA 1995) [upholding juvenile curfew]
  • Bott v. City of Marathon, 949 So.2d 295 (Fla. 3rd DCA 2007) [enforceability of affordable housing restrictive covenant]
  • Beyer v. City of Marathon, - So.3d - , 2013 WL 5927690 (Fla. 3rd DCA 2013) [inverse condemnation claim – owners were not deprived of all economically beneficial use of their property]
  • City of Coral Springs v. North Broward Hospital District, - So.3d – , 4D14-2351 (Fla. 4th DCA 2015) [imposition of city fire service special assessment on district property was illegal]
  • Department of Community Affairs v. City of Marathon, DOAH Case No. 04-3500GM [challenge to adopted comprehensive plan]
  • Florida Keys Citizens Coalition, Inc. & Last Stand, Inc. v. Florida Administration Commission & City of Marathon, DOAH Case No. 04-2755RP [proposed Administration Commission rule amending city's comprehensive plan not invalid exercise of delegated legislative authority]
  • Rossignol v. Village of Islamorada & Department of Community Affairs, DOAH Case No. 01-2409GM [comprehensive plan provisions limiting transient rental uses in residential areas supported by appropriate data and analysis]
  • Department of Community Affairs v. Village of Islamorada, DOAH Case No. 01-1216GM [challenge to adopted comprehensive plan] 
Presentations & Seminars
  • "Consultants Competitive Negotiation Act (CCNA)," Florida City & County Management Association and Center for Florida Local Government Excellence's Training Program, March 18, 2016
  • “Ethics in Land Use,” National Business Institute’s Land Use Law: Current Issues in Subdivision, Annexation and Zoning, April 3, 2014
  • 2011 Regulatory Takings Seminar, CLE International, 2011
  • “Cheesehead Fallout: What Is the Future of Public Sector Bargaining and Pensions in Florida?” 21st Annual Labor and Employment Law Seminar, 2011
  • “Alternatives to Litigation,” Regulatory Takings Seminar, CLE International, 2007
  • “Making Code Enforcement Work,” 10th Annual Public Interest Environmental Conference, University of Florida, 2005
  • “What You Need to Know About Public Records and Open Meetings in Florida – Overlap and Interaction Between Public Records and Open Meetings,” Lorman Education Services, 2001
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