Becker & Poliakoff
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Areas of Practice
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Attorneys
Bernie Friedman
Chair

Perry M. Adair
Alan S. Becker
Michael Boutzoukas
Edgar O. Castro*
William J. Cea
Nelson D. Diaz
Omar Franco
Carlos J. Gimenez
Yolanda Cash Jackson
Michelle L. Klymko
Alan B. Koslow
Marcie Oppenheimer Nolan
Gary A. Poliakoff
Keith M. Poliakoff
Miguel Diaz de la Portilla
Elinette Ruiz*
Neil M. Schiller
Sarah Spector
Mark J. Stempler
Christopher J. Thornton Mark Trank
Clarence Williams*
Brian C. Willis

* Not a member of the Florida Bar


Articles
PDF Hollywood: Law Firm is King in City Hall
Miami Herald
PDF Winning the Bid: The Value of a Government Procurement Lawyer from "Inside The Minds: Government, Contracts Law, Client Strategies"
PDF 2008 New Legislator Guide
PDF The Koz: Visionary Makes Things Happen by Thinking Outside the Box
Hollywood
Magazine, January, 2009
PDF Florida Outlook: Legislature and Governor, Have Timely Opportunity to Boost Racinos, School Funding
Gaming Industry Observer, 09/29/08
PDF "Hollywood: Law Firm is King at City Hall" The Miami Herald.
May 8, 2007
PDF Broward County Wins the Jackpot
PDF Winning the Bid: The Value of a Government Procurement Lawyer by William J. Cea
PDF "Can You Hear Me Now?”: Substantial Evidence" under the Telecommunications Act of 1996 - A Closer Look at Linet v. Wellington , Volume 36, Winter 2007, Stetson Law Review , Stetson University College of Law, by Perry Adair
PDF "Networking Key to Success for Busy Lawyer-Lobbyist" Yolanda Cash Jackson is profiled by the Miami Hearld, Tuesday, May 11, 2010

Clients
Notable Client Accomplishments

2010 Notable State Lobbying Client Accomplishments

2009 Notable State Lobbying Client Accomplishments

2008 Notable State Lobbying Client Accomplishments

Case Study
Defeat of Broward County Ordinance requiring security cameras in all retail shopping center parking lots

Government Law & Lobbying


Government Law & Lobbying
Our Clients
Local Government
Procurement of Goods, Services, Concessions from Governments
Land Use, Zoning, Planned Development, CRA & Environmental
Property Tax Appeals
State Lobbying
Gaming
Government Representation
Telecommunications
Notable Client Accomplishments

Government law and lobbying have been a core practice for the firm since its founding in 1973. Several of our attorneys have served in high-level government positions and have distinguished themselves in the political, legislative and local governmental arenas. Many of our lawyers and lobbyists have significant first-hand working knowledge of government practices and procedures.

Founding shareholder, Alan Becker, served in the Florida Legislature before running for statewide office and U.S. Congress. He is a member of the Board of Directors and Executive Committee of Enterprise Florida Inc., the public-private economic development agency for the State of Florida and the Beacon Council, the economic development organization for Miami Dade County. Firm Founding Partner, Gary Poliakoff serves as Town Attorney for the Town of Southwest Ranches. Miguel Diaz de la Portilla leads our government practice in Miami Dade County and is a former Chairman of the Miami-Dade County Commission. His brother, Alex, serves in the Florida State Senate and brother, Renier, is a member of the Miami-Dade County School Board. Bernie Friedman, the practice group's Chair is a former Chief of Staff to a U.S. Congressman, and was named a leading “Powerbroker” in Broward County by the Sun-Sentinel newspaper and a “King of City Hall” by the Miami Herald. Yolanda Cash Jackson, the group's State Government team leader, uses her “deep community roots” and “personal ties to influential personalities” ( Miami Herald ) to advance our clients interests with the Legislature, Executive Agencies, and Governor.

Alan Koslow is one of Florida,s leading gaming attorneys and has also been called a “King of City Hall” by the Miami Herald. Keith Poliakoff uses his skills as a Town Attorney to lead our land use, zoning and developer entitlement practice in Broward County and throughout Florida. Bill Cea is one of South Florida's leading procurement attorneys and has successfully won or defended dozens of multi-million dollar bids, RFP, RLI, IFB and RFQ. The Government team of attorneys also includes four current and former City attorneys, a former Chief Aide to Florida House Speaker Marco Rubio , a former City Manager and Chief of Staff to a Dade County Commissioner, campaign managers for high level elected officials in Dade, Broward and Palm Beach and several attorneys who are high level appointees to state and local governing boards.

A Sampling of Our Clients
Our public sector clients include, for example: Broward County School Board (Construction), Palm Beach County (Litigation), Miami Dade County, Cities of Hollywood, Opa-Locka, Lauderdale Lakes, Pompano Beach, Miami Gardens, West Park, Cape Coral, Southwest Ranches (Town Attorney & Lobbying), Parkland (special counsel), plus special districts such as the Miami Dade Expressway Authority, the Solid Waste Authority of Palm Beach, Miami-Dade County School Board (Construction, Lobbying), Metro Orlando Economic Development  Commission (Sunrail) and numerous others.

Private sector clients include, for example: TD Bank, Wal-Mart, Access Health Solutions, AT&T, Baltimore Orioles, Bethune Cookman College, Florida Association of Jewish Federations, Florida Memorial University, T-Mobile, Gulf Power, The Florida Bar - Family Law Section, Florida Retail Federation, The Isle Casino and Racing at Pompano Park, Duty Free Americas,  Reynolds Smith and Hill, RAM Development, Westin-Diplomat Hotel, Pinnacle Housing, Marriott Corporation, Trump Hollywood, Fortune Development, Embraer Aircraft, Inc., Stiles Development and Construction, James A. Cummings, Balfour Beatty, PB Americas, HMS Host (MIA), Avmed, Bergeron Emergency Services, Tasco Plumbing, U.S. Legal, American Traffic Solutions (ATS), Supershuttle, Go Transportation, AAA Wheelchair Wagon, WSG Development, Ocean Properties, MCZ/Centrum, Frontier Development, Sprint/Nextel, Delaware North Food and Hospitality (FLL), Travelex Financial Services, Secure Wrap, ORACLE, Lexus of Kendall, Arrow Cargo, Fraport, Outdoor Resorts, U.S. Sugar, CIBER, Equaterra, Advance Auto Parts, Hallmark and Florida Stevedoring, Malcolm Pirnie, Southern Waste Systems, Paradise Shops (FLL).

Becker & Poliakoff is proud of its many accomplishments on behalf of its clients in the areas of:

Local Government Accomplishments
Procurement Litigation and Bid Protests
State Legislative Lobbying
2010 Notable State Lobbying Client Accomplishments
2009 Notable State Legislative Accomplishments
2008 Notable State Legislative Accomplishments

Local Government
All politics is local. Becker & Poliakoff's local government lobbying team works closely with community leaders, policy makers and elected officials to achieve results for our clients. Businesses of all types work with local governments on myriad issues ranging from procurement of goods and services by public agencies to local laws regulating business operations and changes in local zoning. Our team of lawyers and lobbyists understands local laws and the unique characteristics of various governmental bodies. We take pride in actively engaging in a local issue to help our clients understand the important issues facing each community.

Procurement of Goods, Services, Concessions from Governments
Governmental entities, at all levels, purchase hundreds of thousands of dollars worth of goods and services from outside vendors. Everything from printing services, bus benches, garbage hauling, water-sewer expansions, concessions, to construction projects and much more are procured by government agencies. Becoming a government vendor can be very profitable for private companies who understand the complexities and nuances of governmental contracting. Our attorneys have a successful record throughout Florida in helping clients win multi-million dollar concessions and contracts for food, retail, duty free, billboards, bus benches, for hire transportation, shuttle services, luggage wrapping, luggage carts, currency exchange, phone cards, hotels, audit and accounting, parking, waste and recycling, janitorial, insurance, software and software implementation, auto tag agencies, construction and engineering services, etc.

The procurement process is complex requiring knowledge and experience in various aspects of drafting, negotiating, lobbying, and litigating procurement matters, including invitations for bids, requests for proposals, design-build contracts, change orders, bid disputes and payment and performance bond claims. The legal issues surrounding public procurement are nuanced and complicated because: each public body has a unique set of rules and regulations governing their procurement process which must be followed precisely; and often require extraordinary documentation in very short timeframes to submit, petition or protest an award.

Thus, our experience in government procurement and insider's knowledge of the governmental process is vital for our clients who do business with governments and rely on our knowledge, contacts, responsiveness and determination to get the job done. Our attorneys have extraordinary insights into the Request for Letter of Interest (RLI) and Request for Proposal (RFP) processes used by most state, local and quasi governmental entities in Florida. Our attorneys have provided strategic and political advice, on call lobbying, and helped draft responses for literally hundreds of winning concessions, and contracts bids.

Services Offered on Procurement

  • Representation in government procurement process, including assistance in review and submittal of bids and responses to requests for proposals, requests for qualifications, requests for letters of interests, and other public solicitations;
  • Monitoring/notification/assistance with review of public advertisements and availability of public project;
  • Placement on public vendor list with purchasing divisions for government agencies;
  • Review of terms and conditions of advertisements for government contracts;
  • Review of submittal requirements set forth in procurement documents;
  • Assistance in preparation and review of bids, proposals, qualifications, and letter of interest in government contracts;
  • Government relations activities to lobby and interact with government officials to further clients' goals;
  • Advisement as to applicable statutory and administrative rights and remedies – re: qualification, ranking, award, and protest in government contracts;
  • Intervention in challenging government agency actions, preparation of protest petitions, and representation of clients in all phases of contract awards, including qualifications, rankings, and contract negotiations;
  • Intervention in defense of awards challenged by competitive bidders or third parties;
  • Negotiation with government agencies re: resolution of government contract disputes;
  • Representation in negotiating final contracts pursuant to government contract awards, including issues such as terms of payment, contractual liability, or insurance coverage and other mandatory contractual provisions;
  • Assistance with development and maintenance of governmental contract relations.

Land Use, Zoning, Planned Development, CRA & Environmental Creating and transforming land use and zoning classifications to assist clients who are pursuing development projects and business opportunities throughout the state has been an important part of the Firm's core business since its inception. The combination of our pre-eminence in real estate, local governmental law, lobbying, and Construction law provides our developer clients with unique and unparalleled counsel in planning, developing and building projects

From complex commercial ventures such as hotels, office buildings, industrial parks, shopping centers, warehouses, racetracks and telecommunications towers to high rise condominiums, apartment buildings, residential homes and even county fairs, the Firm's land use and zoning attorneys are experienced and knowledgeable in all aspects of land development and usage including but not limited to, local government law, developer agreements, land use and zoning changes, environmental permitting, site planning, DRI compliance, creation of Planned Unit Developments (PUD), Planned Developments (PD), Community Redevelopment Agencies (CRA). Where appropriate, we assist our clients to obtain density increases, drafting and filing of state registration requirements, variances, temporary use permits, drafting and processing amendments to local, county and state law, and obtaining valuable economic incentives.

The Firm has a successful track record for increasing developer entitlements with huge density bonuses, height special exceptions, tens of millions of dollars in cash incentives to developers, and many creative zoning solutions. The Firm prides itself in working with civic and community groups to build consensus and propose out of the box winning strategies that unify communities. The Firm has vast experience in all aspects of local government approvals, site plans, signage, water-sewer permits, TCO's, CO's, environmental approvals, concurrency, and permits for rock crushing, mining, fill, asphalt operations, etc. The Firm has successfully represented clients in over 50 different cities in Florida

Our client base includes buyers, sellers, lenders and borrowers, owners, developers and contractors who are all seeking to increase the economic value of their land. In addition, the Firm represents telecommunications companies seeking approvals from local governmental entities for specific land uses that will enhance their technology. In addition, through our representation of 4,000+ Community Association clients, we are called upon to negotiate development agreements to mitigate impacts from nearby or adjoining developments. We have successfully represented Community Association clients before City and County Commissions throughout Florida on zoning, permits, height limitations, setbacks, noise mitigation, etc.

Our developer client list includes the major Florida developers, such as Coscan, Trump, WSG, Ocean Properties, Cornerstone, Triad, Pinnacle, RAM, MCZ/Centrum, Isle of Capri Casinos, J.W. Harris, Carr Development, Lane, Firm Realty, Southern Facilities, Fortune, U.S. Capital, Diplomat Properties, Frontier Development, T-Mobile, TD Bank, Prince Bush, United Trust Fund, Ferro Development, Advance Auto Parts, Sunshine Gas Distributors, Lexus of Kendall, and many others. The Miami Herald described the Firm's success in a front page article, "Hollywood: Law Firm is King at City Hall".

The Land Use & Zoning team has experience throughout Florida. The team includes: Former Miami Dade County Commission Chair Miguel Diaz de la Portilla heads our practice in Miami Dade County, Carlos Gimenez, and long time South Dade activist and accomplished developer and zoning attorney Perry Adair. Alan Koslow and Keith Poliakoff lead our efforts in Broward and Neil Schiller in Palm Beach. Michael Whitt, Mark Trank and Christopher Thornton lead our efforts in Southwest Florida and Michael Boutzoukas in Tampa Bay region.

Ad Valorem Property Tax Appeals
The firm, led by shareholder Alan Koslow, has extensive experience and a successful track record in ad valorem property tax assessment appeals and challenges. Mr. Koslow is recognized as a pioneer in the use of tax exemptions to effectively reduce property tax assessments. Each year, the firm files appeals on dozens of commercial property appeals on industrial property, hotels, shopping malls, pari-mutuels, and other commercial ventures. The team which includes MAI appraisers has been credited with using unique tools and analysis to establish creative positions and legal arguments on property with disproportionate or inappropriate appraisals. In addition to using available exemptions, we have also been able to achieve positive results for our clients using property analysis specifically, the comparable income approach as an alternative or supplement to comparable sales approach.

As an example, we assisted the owners of the Isle Casino and Racing at Pompano Park in securing appellate court approval for annual agricultural exemption on significant portion of the racetrack, s acreage in Broward County , the only horse track to enjoy such an exemption in Florida. We have also had significant success for clients such as the Diplomat Hotel and Spa, Mardi Gras Gaming, Dania Jai-Alai and many more.

State Lobbying
The Firm's lobbying team is well-known and well-positioned to assist clients through the governmental processes at the state level. Our lobbyists have excellent long time working relationships with key legislative leaders, Cabinet members, local elected officials, other opinion leaders and key staff members. Our lobbying team has outstanding relationships with the House and Senate Majority and Minority Leaders and can work effectively both sides of the aisle.

Our State lobbying team has been hailed as the most diverse team in Tallahassee and able to cover more Legislators than any other team of lobbyists. Plus, with fourteen (14) Becker & Poliakoff offices in Florida , we literally connect with State Legislators in their home districts more than any other lobbying team.

Yolanda Cash Jackson leads our State lobbying team, and is one of the leading State Legislative lobbyists in Florida. Nelson Diaz, former Chief Aide to Speaker Marco Rubio, Edgar Castro, former State Legislative and Governors Aide, and Practice Group Chair Bernie Friedman are also a part of the Tallahassee team.

The team has had great success assisting clients:

  • securing hundreds of millions of dollars in state government appropriations;
  • drafting, tracking, analyzing, thousands of pieces of legislation and advising clients on how to react;
  • devising legislative strategies to defeat, pass, or amend legislation;
  • building coalitions and organizing grass roots campaigns;
  • preparing testimony, coordinating site visits, and meeting with the House and Senate Leaders, key Legislators and Committee Chairs;
  • spearheading political campaigns and fundraising;

Our state lobbying client list is as diverse as our lobbying team and includes for example, The Isle Casino and Racing at Pompano Park, Premier Beverages, Florida Memorial University and other Historically Black Colleges and Universities, Access Health, Florida Association of Jewish Federations, Safety Net Hospital Alliance of Florida, AT&T, Florida Bar – Family Law Section, Florida Retail Federation, Ocean Harbor Insurance, Sunshine Gasoline, SEIU Florida Health Care Division, Gulf Power, U.S. Sugar, Metro Orlando Development Commission, ORACLE, R.J. Reynolds, Accredited Surety and Casualty, Assurion Insurance, American Council of Life Insurance and over a dozen local governments and other private sector clients. We are proud of the accomplishments of our clients and our team. To learn more about our specific experience, click on the links below:

2009 Notable State Lobbying Client Accomplishments
2008 Notable State Lobbying Client Accomplishments

Becker & Poliakoff, P.A. has its very own statewide lobbying organization on behalf of its over 4,000 Condominium & Homeowner association clients. The Community Association Leadership Lobby ( CALL) monitors and responds to legislation emerging from Tallahassee that impacts condominiums, homeowner associations, mobile home communities and cooperatives. CALL communicates with tens of thousands of concerned Floridians primarily through its website www.callbp.com, and through email alerts, which enables us to activate a grass roots network on issues of importance. The CALL model can easily be adapted to many other lobbying causes.

Gaming Law
Our Firm represents more gaming related clients (casino owners, operators, equipment manufacturers, distributors, hotels, developer of retail entertainment and gaming, cruise to nowhere) than any other law firm in Florida. Alan Koslow leads our gaming practice. He serves as outside corporate counsel to Isle of Capri's Isle Casino and Racing at Pompano Park.

Our Firm helped manage the winning Amendment Four political campaign and then helped draft the enabling Bill and Administrative Rules and procedures that implemented Amendment Four. We also quarterbacked all the local, state and county development approvals in the design and construction of the new $182 million Isle of Capri casino in Pompano Beach. Our Firm provides gaming related legal services to many clients on contracts, disclosures, licensing, distribution agreements, value adjustments, litigation, zoning, development, and collections. We have represented Boyd Gaming (owner of Dania Jai-Alai) on disclosure and value adjustment issues, Mardi Gras Gaming and Racing (on value adjustment issues), Bally Gaming on contracts and agreements, and Gaming Laboratories, Inc. on machine testing and A.C. Coins on distribution. We have been involved in all major Legislative, Executive, Agency and Court decisions regarding gaming in Florida. We also represent Harrah's, MGM, Wynn, Casino Magic, Las Vegas Hilton, in collection matters.

Government Representation
Becker & Poliakoff has represented numerous public entities throughout Florida as General Counsel and as lobbyists. We are very familiar with statutes affecting governmental operations, procurement, contracting and other daily functions. In addition, our attorneys have significant experience in drafting and researching ordinances, ethics and elections laws, intergovernmental agreements, land use, annexation, zoning, state and federal legislation. Our experience in governmental representation includes Litigation, Real Estate and Commercial Transactions of all types.

The Firm's experience representing governmental entities and private sector clients in litigation with governmental entities includes trials and appeals of infrastructure and land use, zoning, setbacks, height, density, compatibility, contract disputes, construction defects, interpretation and constitutionality of statutes and rules, foreclosures, boundary and title disputes, license and employment agreements, eminent domain suits, environmental cases, insurance coverage and claims disputes, telecommunications, public records, ad valorem tax cases and virtually the entire spectrum of civil matters affecting government and business. The Firm has represented the Broward County School Board since 1994 and has handled literally hundreds of delay and defect claims, and helped write the Board's construction related contracts. A few examples of governmental litigation include:

  • Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA). Ad valorem taxation of Pompano Harness Track;
  • Ramekin v. Palm Beach County, 768 So. 2d 1217 (Fla. 4th DCA). Trial of eminent domain proceedings to construct golf course on noise impacted real estate by aircraft using primary runway at Palm Beach International Airport.

Additionally, our attorneys routinely represent governmental entities in real estate and other commercial transactions and business deals. It would be difficult to find a matter for which we have not drafted or negotiated a contract, including but certainly not limited to construction, professional services, interlocal agreements, bid documents, complex leases, and complex purchase and sale agreements

Telecommunications Law
Our attorneys counsel both public and private clients in these areas: cable television agreements, siting and approval issues for telecommunications towers, franchise renewals and modifications, customer service regulation, right of way use, permitting, design of wireless networks and implementation of institutional networks. Our attorneys have also worked on significant industry issues such as Open Access, local government ordinances, and the mergers of large telecommunications companies and their impact on local government franchises. Long time shareholder Perry Adair heads our telecommunications practice. He has authored articles on TCA challenges and has personally litigated over 10 site challenges.

Notable Client Accomplishments

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