Robert S. Fine

Robert S. Fine

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Robert Fine Chairs the ADA, Accessibility, Building & Life Safety Codes Practice and 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.

Formerly, the City of Miami Beach’s first ADA/Section 504 Coordinator, Robert provides defense counsel and consulting in claims under Titles II and III of the Americans with Disabilities Act, Fair Housing Act and the Rehabilitation Act of 1973. He 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.

Concentrations

  • Americans with Disabilities Act (ADA)
    • Titles II & III Litigation
    • Expert witness and consulting
  • Fair Housing Act accessibility issues, familial status issues and supporting litigation
  • Rehabilitation Act of 1973 defense and consulting
  • Construction law
  • Building department relations and permitting
  • Building and life safety codes
  • Land use and zoning
  • Historic preservation
  • FEMA/NFIP/Coastal construction issues and permitting
  • Administrative law
  • Green building and sustainable development
  • Local government enforcement proceedings and appeals
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Capabilities

Experience

  • Petitioned the Florida Building Commission for a declaratory statement holding that multi-family residential developments not receiving government funding are not subject to the 2012 Florida Accessibility Code resolving in statewide confusion on this issue.
  • 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 regarding health care facilities. Case Number 8:01-cv-00787-EAJ (M.D.Fla).
  • Consulted on ADA, FHA and other accessibility code related matters in more than 600 facilities and businesses.
  • Provided defense counsel, litigation support, expert witness and other related consulting services to clients in more than 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 more than 60 multi-family residential projects, time shares and condo-hotels on Fair Housing Act Accessibility.
  • Assisted numerous clients in attaining Florida state Accessibility Code waivers.
  • Works 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.
  • Board Certified, The Florida Bar, Construction Law, Board of Legal Specialization and Education
  • Accredited Professional (LEED AP), U.S. Green Building Council LEED
  • Registered Architect, Florida (AR 13045)

Recognition & Leadership

  • Listed, The Best Lawyers in America, Government Relations Practice; Land Use and Zoning Law - Litigation, 2012-2018
  • Listed, Super Lawyers magazine, Florida Super Lawyers, 2013 and 2015-2017
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
  • Team Member, a U.S. News - Best Lawyers®, "Law Firm of the Year" in Real Estate Law, 2015
  • Team Member, a Law360 "Real Estate Practice Group of the Year," 2013 and 2015
  • Team Member, The Legal 500 United States, "Top Tier" Firm in Real Estate, 2014
  • Team Member, Chambers USA award for Excellence, Real Estate, 2013 and 2017
  • Team Member, a Law360 "Employment Practice Group of the Year," 2011 and 2013
  • Rated, AV Preeminent®

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Board Certified, The Florida Bar, Construction Law, Board of Legal Specialization and Education
  • Certified, National Council of Architectural Registration Boards (NCARB 39308)
  • Former ADA/Rehabilitation Act Coordinator, City of Miami Beach, FL
  • Member, American Bar Association
  • Member, American Institute of Architects (AIA)
  • Member, Building Owners and Managers Association (BOMA)
  • Member, National Fire Protection Association (NFPA)
  • Member, The Florida Bar
  • Professional Member, International Code Council (ICC)
  • Registered Architect, Florida (AR 13045)
  • Registered Florida Real Estate Broker

Credentials

Education
  • J.D., cum laude, University of Miami School of Law, 1998
  • B.Arch., Rhode Island School of Design, 1985
  • B.F.A., Rhode Island School of Design, 1984
  • B.S., Architectural Engineering, Civil Engineering, University of Miami, 1982
Admissions
  • Florida
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Puerto Rico
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida