Robert is a board certified construction law attorney and a Florida-registered, nationally-certified architect. His practice focuses on land use, zoning, historic preservation, environmental, and administrative law. Robert's work ranges from representation before local governments for zoning and other development approvals to building code appeals, code enforcement and unsafe structure defense; and at a state level, petitions for declaratory statements, lobbying for and challenging building code provisions and other administrative rulemaking related to his practice areas.
Robert provides defense counsel and consulting in claims under Titles II and III of the Americans with Disabilities Act and Fair Housing Act and has consulted on a multitude of projects regarding the ADA, FHA, and similar state and local laws. He also works to adopt as well as challenge building accessibility and life safety codes and laws, where such laws and codes have beneficial or detrimental effects on his clients.
Areas of Concentration
· Americans With Disabilities Act (ADA)
- ADA Titles II & III Litigation
- Expert witness and consulting
· Fair Housing Act accessibility issues, familial status issues and supporting litigation
· Construction law
· Building department relations and permitting
· Building and Life Safety Codes
· Land use and zoning
· Historic preservation
· Administrative law
· Green building and sustainable development
· Local government enforcement proceedings and appeals
· Petitioned the Florida Building Commission for a declaratory statement establishing a binding interpretation of the state building code that restored the ability of developers to construct usable space (retail, dining areas, bars, etc.) seaward of the coastal construction control line and below the 100-year storm wavecrest elevation to facilitate beachfront development.
· Appointed special master by U.S. District Court for the Middle District of Florida in Title III ADA national class action lawsuit. Case Number 8: 01-cv-00787-EAJ (M.D.Fla)
· Consulted on ADA, FHA and other accessibility code related matters in over 600 facilities and businesses.
· Provided defense counsel, litigation support, expert witness, and other related consulting services to clients in over 500 Title II and III of the ADA lawsuits including hospitals, hotels, restaurants, retail stores, shopping centers, office buildings, pari-mutuels and municipalities.
· Consulted in over 60 multi-family residential projects, time shares, and condo-hotels on Fair Housing Act Accessibility.
· Assisted clients including PGA Tour, AMC movie theaters, China Grill and Rinker Materials Corporation in attaining Florida state Accessibility Code waivers.
· Work with employment (Title I), and programs of state and local governments (Title II) aspects of ADA as well as the public accommodations/architectural aspects (Title III).
· Challenged local technical amendments and statewide technical amendments to the Florida Building Code
· Lobbied and challenged amendments to the Florida Building Code.
Professional & Community Involvement
· Member, The Florida Bar
· Member, American Bar Association
· Board certified, Construction Law, Board of Legal Specialization and Education, The Florida Bar
· Registered Architect in Florida (AR 13045)
· Certified, National Council of Architectural Registration Boards (NCARB 39308)
· Member, American Institute of Architects (AIA)
· Registered Florida Real Estate Broker
· Member, Building Owners and Managers Association (BOMA)
· Professional Member, International Code Council (ICC)
· Member, National Fire Protection Association (NFPA)
· Former ADA/Rehabilitation Act Coordinator for the City of Miami Beach, FL.
Awards & Recognition
· Listed, The Best Lawyers in America, Government Relations Practice; Land Use and Zoning Law - Litigation, 2012-2013
· Team Member, Law360 "Employment Practice Group of the Year," 2011
· Rated, AV® Preeminent™ 4.6 out of 5
· Board Certified, Construction Law, Board of Legal Specialization and Education, The Florida Bar
· U.S. Green Building Council LEED Accredited Professional (LEED AP)
· Registered Architect in Florida (AR 13045)
Articles, Publications, & Lectures
· Co-Author, "Department of Justice Offers Guidance on Use of Segways and Non-Traditional Mobility Devices in Public Accommodations," GT Alert, June 2008
· Author, "Hurricane Rebuilding Brings Higher ADA Standards for Businesses and State and Local Governments," From the Ground Up, Fall 2004
· Author, "Hurricane (and other Natural Disaster) Rebuilding Brings Higher ADA Standards for Business and State and Local Governments," GT Alert, June 2004
· Authored, "Designing and Implementing a Hospital Compliance Program: Disability Access Compliance," Health Care Administration: Planning, Implementing, and Managing Organized Delivery Systems, Fourth Edition, Published by Jones and Bartlett Publishers, 2003
· Author, "Model Homes: A Source of ADA Liability for Homebuilders," GT Alert, November 2003
· Author, "Defending Against Title III: Americans with Disabilities Act Litigation," Massachusetts Bar Institute, Tuesday, July 01, 2003
· Quoted, "Stuart woman wins fight to make 2,200 Claire's stores more friendly to disabled," Sun-Sentinel, Tuesday, May 21, 2002
· Lectures extensively regarding ADA and accessible design-related topics