407.347.5388

S. BRENT SPAIN
12200 West Colonial Drive, Suite 300C
Winter Garden, Florida 34787
Telephone: 407.347.5388
Facsimile: 407.264.6132
E-mail: sbs@theriaquelaw.com

Practice Areas
Land Use & Zoning
Local Government Law
Administrative Law
Community/Homeowners Association Law
Land Use Litigation
Appellate Advocacy

Education
2000: J.D., Florida State University, with High Honors
- Florida State Law Review, Administrative Editor
- Katzentine-Simon Scholarship Recipient
- Phi Kappa Phi Honor Society
- Order of the Coif
- American Jurisprudence book award honors in Endangered Species Law, Constitutional Law, Intellectual Property, Native American Law, and Torts
1995: B.A., University of California, Davis, Major: Economics; Minor: Environmental Policy Analysis & Planning

Bar Admissions
Florida, 2000
California, 2002 (inactive)

Court Admissions
U.S. District Court, Northern District of Florida
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit

Professional Memberships
The Florida Bar, Sections on Environmental and Land Use Law, Administrative Law, and City, County and Local Government Law
The Florida Bar, Member of the Animal Law Committee
Orange County Bar Association, Member of Appellate Practice Committee
American Planning Association, Florida Chapter
Florida Planning & Zoning Association
Urban Land Institute

Board Certifications
Board Certified by The Florida Bar in City, County & Local Government Law (2015)

Awards/Honors
AV-Preeminent rated – Martindale-Hubbell’s highest rating for legal ability and ethical standards
Florida Legal Elite, Florida Trend, 2014 & 2016 - Environmental & Land Use Law
Top Orlando Attorneys, Orlando Life, 2011-2013 - Land Use & Zoning Law
Top Rated Attorneys, Daily Business Review, 2013 - Energy/Environmental Law
Rising Star, Florida Super Lawyers, 2010 & 2013 - Land Use & Zoning Law

Prior Professional Experience
Judicial Law Clerk for the Honorable Harry Lee Anstead, Florida Supreme Court
Akerman Senterfitt, Attorney

Published Works and Presentations
Co-Authored with Gregg R. Morton, Chapter 4, “Administrative Adjudication,” Florida Administrative Practice (11th ed., The Florida Bar, forthcoming)

“The ‘Nuts & Bolts’ of Defending a City’s Land Use Permit Decisions,” Florida Municipal Attorney’s Association Annual Conference, July 2016

“Florida Zoning and Land Use,” Lorman Education Services, May 2016

Co-Authored with Gregg R. Morton, Chapter 4, "Administrative Adjudication," Florida Administrative Practice (10th ed., The Florida Bar 2015)

"Discretionary Review," Practicing Before the Florida Supreme Court, The Florida Bar, June 2014

“What’s This? - Dealing With Special Zoning Issues That May Arise During The Land Use Approval Process,” Practical Guide to Zoning & Land Use Law, National Business Institute, December 2013

“Ethical Issues in the Land Use Arena: Professional Responsibility, Ex Parte Communications, and Conflicts of Interest,” Practical Guide to Zoning & Land Use Law, December 2013

"Citizen Referenda - Past, Present, & Future," Florida Chapter of the American Planning Association's 11th Annual Public Policy Workshop, February 2013

"The 'Eagle' has Landed - Environmental Considerations in the Land Use Arena," Current Issues in Subdivision, Annexation and Zoning, National Business Institute, December 2012

"Ethical Issues in the Land Use Arena: Professional Responsibility, Ex Parte Communications, and Conflicts of Interest," Current Issues in Subdivision, Annexation and Zoning, National Business Institute, December 2012

Co-Authored with David A. Theriaque, "Is Cross-Examination by Affected Parties a Due Process Requirement in Quasi-Judicial Hearings?," CLE International's 15th Annual Land Use Law Conference: Growth Management in Transition, August 2012

Chapter 4, "Administrative Adjudication," Florida Administrative Practice (9th ed., The Florida Bar 2011)

Co-Authored with David A. Theriaque and Allara Mills Gutcher, AICP, "Bert Harris Act Update" in Florida Planning, Florida Chapter of American Planning Association, Winter 2011 Issue

"Challenging Local Zoning Decisions," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, February 2011

"Case Law & Legislative Update," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, February 2011

"Challenging Local Land Use & Zoning Decisions," Guest Lecturer, Real Estate Development Course, Barry University School of Law, June 2010

"A Tree, A Flag, No It's a Cell Tower -- A General Overview of FCC Regulations for Cell Tower Siting," 7th Annual Hillsborough County Neighborhoods Conference, March 2010

Co-Authored with Steve Pfeiffer, Chapter 4, "Administrative Adjudication," Florida Administrative Practice (8th ed., The Florida Bar 2009)

"Overview of Florida Land Use Law," Mastering Land Use & Planning Processes, National Business Institute, November 2008

"Drawing the Line: Ethical Issues in Land Use," Mastering Land Use & Planning Processes, National Business Institute, November 2008

"Challenging Local Land Use & Zoning Decisions," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, June 2008

"Current Case Law & Legislative Update," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, June 2008

"Local Government Financing Options: The Impact of Strand v. Escambia County," Strategies for Smart Growth & Development, The Florida Bar, November 2007

"Municipal Annexations in Florida," Florida Land Use: Current Issues in Subdivision, Annexation and Zoning Law, National Business Institute, November 2007

"Challenging Local Land Use & Zoning Decisions," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, June 2007

"Current Case Law & Legislative Update," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, June 2007

"Annexations in Florida," Florida Land Use: Current Issues in Subdivision, Annexation and Zoning Law, National Business Institute, November 2006

"Judicial Appeals of Zoning Decisions," Land Use and Zoning Law Litigation, National Business Institute, August 2006

"Ethical Issues in Land Use Law: The Lawyer's Responsibility," Land Use and Zoning Law Litigation, National Business Institute, August 2006

"The Constitutional and Legal Framework of Planning," Florida Planning Officials Training Seminar, May 2006

"Foundational Principles of Easements," A Step-By-Step Guide to Understanding Easements in Florida, National Business Institute, January 2006

"Enforcement of Easements & Effectively Resolving Easement Disputes," A Step-By-Step Guide to Understanding Easements in Florida, National Business Institute, January 2006

"Annexations in Florida," Florida Land Use: Current Issues in Subdivision, Annexation and Zoning Law, National Business Institute, November 2005

Co-Authored with David A. Theriaque, "Development Exactions," Florida Municipal Attorney's Association Annual Conference, July 2005

"Rezonings and Special Exceptions: An Overview of Zoning Procedure and Quasi-Judicial Hearing Requirements," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, April 2005

"Ethical Issues in the Land-Use Arena: Ex Parte Communications, Conflicts of Interest, and Professional Responsibility," Practical Guide to Zoning and Land Use Law in Florida, National Business Institute, April 2005

Co-authored with David A. Theriaque, "What's the Point of Omnipoint? An Analysis of Miami-Dade County v. Omnipoint Holdings, Inc.," Florida Municipal Attorney's Association Annual Conference, 2004

Comment, "Florida Beach Access: Nothing But Wet Sand?," Journal of Land Use & Environmental Law, Vol. 15, 1999

Community Involvement
Volunteer Soccer Coach, Winter Garden Youth Soccer League