S. Brent Spain, Esquire

1809 Edgewater Drive

Orlando, Florida 32804

Phone: 407.347.5388

E-mail: bspain@flalanduse.com

Mr. Spain graduated from the University of California at Davis, with a degree in Economics and a minor in Environmental Policy Analysis and Planning.  He earned his law degree with magna cum laude from Florida State University College of Law.  Prior to entering private practice, Mr. Spain served as a judicial law clerk for Justice Harry Lee Anstead of the Florida Supreme Court.


For more than twenty-five years, Mr. Spain's legal practice has focused primarily on the areas of land use, zoning, local government, and administrative law.  In this regard, Mr. Spain has represented developers, individuals, local governments, citizen and environmental organizations, and homeowners' associations throughout Florida on land use related matters.


Mr. Spain is rated as an AV Preeminent attorney and is Board Certified by The Florida Bar in City, County and Local Government Law.  Mr. Spain was recognized in the 2014 and 2016 editions of Florida Trend's "Legal Elite" and the 2017 through 2026 editions of Florida Super Lawyers as among the top attorneys in land use and zoning law in the state of Florida.

Practice Areas

  • Land Use & Zoning Law
  • Local Government Law
  • Land Use Applications
  • Quasi-Judicial Hearings
  • Administrative Law
  • Land Use Litigation
  • Appellate Advocacy

Education

  • 2000: J.D., Florida State University, with High Honors (Class Rank – 7th/214)
  • -Florida State Law Review, Administrative Editor
  • -Order of the Coif
  • -Phi Kappa Phi Honor Society
  • -Katzentine-Simon Scholarship Recipient
  • 1995: B.S., University of California, Davis, Major: Economics; Minor: Environmental Policy Analysis & Planning

Bar Admissions

  • Florida, 2000
  • California, 2002 (inactive)

Board Certifications

  • Board Certified Specialist in City, County, & Local Government Law

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
  • Florida Super Lawyers, 2017-2026 – Land Use & Zoning Law
  • Top Orlando Attorneys, Orlando Life, 2011-2013 – Land Use & Zoning Law
  • Rising Star, Florida Super Lawyers, 2010 & 2013 – Land Use & Zoning Law
  • Top Rated Attorneys, Daily Business Review, 2013 – Energy/Environmental Law

Prior Professional Experience

  • Judicial Law Clerk for the Honorable Harry Lee Anstead, Florida Supreme Court, 2000-2002
  • Akerman Senterfitt, Attorney

Professional Memberships

  • Chair, Animal Law Section, The Florida Bar, 2021-22
  • The Florida Bar, Sections on Environmental and Land Use Law, Administrative Law, and City, County and Local Government Law
  • American Planning Association – Florida Chapter
  • Florida Planning & Zoning Association
  • The Florida Bar, Member of the Executive Council of the Animal Law Committee
  • Orange County Bar Association, Member of Appellate Practice Committee

Published Works and Presentations

  • Co-Authored with Gregg R. Morton, Chapter 4, “Administrative Adjudication,” Florida Administrative Practice (13-15th ed., The Florida Bar, 2020-2025)
  • Co-Authored with David A. Theriaque and Benjamin Kelley, “The Doctrine of Customary Use – Drawing Lines in the Sand,” Florida Planning,      American Planning Association Florida Chapter, Summer 2021 edition
  • “Planning In The Courts – Planning & Land Use Law Update,” Florida Chapter of the American Planning Association’s 18th Annual Public Policy  Workshop, February 2020
  • Co-Authored with Gregg R. Morton, Chapter 4, “Administrative Adjudication,” Florida Administrative Practice (12th ed., The Florida Bar, 2019)
  • “Land Use & Planning Law Update,” Florida Planning & Zoning Association’s Annual Conference, June 2018
  • “Goodwin v. Walton County – Customary Use, Ripeness, & The Florida Legislature,” Eminent Domain Committee’s Meeting at The Florida Bar Annual Conference, June 2018
  • “It’s Getting Hot in Here – Home Rule on the Hot Seat,” 2018 Advanced Topics in Administrative, Environmental & Government Law, The Florida Bar, April 2018
  • “Florida Zoning and Land Use,” Lorman Education Services, February 2018
  • Co-Authored with Gregg R. Morton, Chapter 4, “Administrative Adjudication,” Florida Administrative Practice (11th ed., The Florida Bar, 2017)
  • “Customary Use Doctrine – Providing Beach Access in Florida,” Florida Shore & Beach Preservation Association’s Annual Conference, September 2017
  • “The Florida Land Use & Environmental Dispute Resolution Act,” Florida Municipal Attorney’s Association Annual Conference, July 2017
  • “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 & 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 & 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 & Land Use Law in Florida, National Business Institute, February 2011
  • “Case Law & Legislative Update,” Practical Guide to Zoning & 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 & Land Use Law in Florida, National Business Institute, June 2008
  • “Current Case Law & Legislative Update,” Practical Guide to Zoning & 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 & Zoning Law, National Business Institute, November 2007
  • “Challenging Local Land Use & Zoning Decisions,” Practical Guide to Zoning & Land Use Law in Florida, National Business Institute, June 2007
  • “Current Case Law & Legislative Update,” Practical Guide to Zoning & Land Use Law in Florida, National Business Institute, June 2007
  • “Annexations in Florida,” Florida Land Use: Current Issues in Subdivision, Annexation & Zoning Law, National Business Institute, November 2006
  • “Judicial Appeals of Zoning Decisions,” Land Use & Zoning Law Litigation, National Business Institute, August 2006
  • “Ethical Issues in Land Use Law: The Lawyer’s Responsibility,” Land Use & 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 & 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 & 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 & 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, July 2004
  • Comment, “Florida Beach Access: Nothing But Wet Sand?,” Journal of Land Use & Environmental Law, Vol. 15, 1999