After 24 years as the Brevard County Attorney and 10 years in private practice, Scott has been lead counsel in numerous jury and non-jury trials at the state level and at the federal level. In Brevard County alone, he successfully handled several cases involving multi-million-dollar claims. Over the years, Scott has also handled about thirty appeals, arguing before three of Florida’s district courts of appeal, as well as the Florida Supreme Court (in three cases). He has authored several amicus briefs in the U.S. Supreme Court on behalf of the County.

Scott has vast experience in property rights law, especially in eminent domain litigation initiated by the Florida Dept. of Transportation, Pinellas, Pasco and Brevard Counties, all of which involved government authorized takings of private property for roadway, parks and utility purposes. His eminent domain experience was developed in both the public sector—where he handled hundreds of parcels—and in private practice. Scott has represented both government and private interests in inverse condemnation claims involving uncompensated physical and regulatory takings by governmental entities. He handled several Bert J. Harris Act claims involving non-taking reductions in value caused by the first- time application of regulations enacted after July of 1995. Scott has defended and pursued civil rights actions, claims for statutory ways of necessity, and administrative proceedings involving developments of regional impact.

Education

  • B.A. Rutgers College, New Brunswick, N.J.
  • J.D. University of Florida School of Law, Gainesville, FL

Admissions

  • Florida

Areas of Practice

  • Appeals
  • Eminent Domain and Inverse Condemnation
  • Land Use and Development Law
  • Local Government Law
  • Property Rights Protection

Work Experience:

In a unique arrangement approved by the County Commission, the Viera Company retained the County Attorney’s Office—specifically Scott and Eden Bentley—on an hourly basis to undertake the condemnation of the right of way and easements necessary for the widening of Wickham Rd. at the I-95 interchange from Perkins Restaurant on the east, to Target and Walmart on the west. Those parcels involved the full range of eminent domain valuation, severance damage and business damage claims, including supplemental fee claims by appraisers, CPAs, engineers, planners and attorneys.

Scott has forty years of experience in local government law and private practice including:

Brevard County Attorney:

  • Represented Board of County Commissioners and all departments of County Government; supervised an office of six to eight lawyers and support staff;
  • Represented County in several multi-million-dollar Eminent Domain and inverse condemnation cases including jury trials;
  • Researched, devised and implemented the complex legal strategy and documentation leading to a referendum approving the levy of a half-cent sales tax for the restoration of the Indian River Lagoon;
  • Developed the public nuisance litigation strategy resulting in the demolition of a Florida Power & Light plant in North Brevard County and the construction of a new billion-dollar state of the art facility on the same site;
  • Developed the legal strategy and documents resulting in the creation of the North Brevard Development Zone Dependent Special District, a tax increment district designed to promote economic development in the Titusville area in the wake of NASA’s shut down of the Space Shuttle program; the “Zone” is now annually funded with more than three million dollars in ad valorem tax revenue generated by the new Florida Power & Light plant in North Brevard and that revenue is dedicated exclusively to economic development and redevelopment in North Brevard.
  • Represent the “Zone” Board including the development, negotiation and preparation of Zone multi-million-dollar grant agreement posturing the Zone as a key player in bringing the “Blue Origin” rocket manufacturing, launching, retrieval and restoration facilities to Brevard County, as well as Embraer Aircraft Seating and a satellite manufacturing company, and several other manufacturing businesses;
  • Developed agreement memorializing multi-million-dollar grant instrumental in bringing Embraer Aircraft company to Brevard County.
  • Reviewed and help development legal documents for Northrup Grumman grant which contributed to the expansion of company facilities and new employment opportunities at Melbourne International Airport;
  • Represented County in several administrative proceedings with state agencies
  • Negotiation and preparation of complex agreements involving the lease, ground lease, and lease termination involving the Florida Marlins, Washington Nationals, and Viera Company relating to Space Coast Stadium and abutting property owned by Viera Company.
  • Researched and discovered an obscure provision in the Tourist Development Tax statute that would have terminated the entire County TDT if the Washington Nationals were not replaced by another professional team or a not for profit corporation qualified to operate Space Coast Stadium; helped negotiate and prepared complex documents resulting in the lease of Space Coast Stadium to the nation’s largest amateur sports organization, USSSA (United States Specialty Sports Association), including assignment of the Nationals ground leases on abutting Viera Company property to the County and subleasing of those properties to USSSA.
  • Established and grew a legal Extern program within the County Attorney’s Office which has accepted law students from both Florida and out-of-state law schools; supervised and mentored externs engaged in preparation of research memos, contracts, pleadings, discovery and participation in client meetings, as well as administrative proceedings before county agencies.

Representative Work in Private Practice:

  • Represented numerous land development clients in commercial land acquisitions, commercial leases, real estate transactions and litigation involving local government planning and zoning regulations; and commercial landlord-tenant litigation.
  • Represented convenience store chains in land development approval projects;
  • Represented real estate companies.
  • Represented City of Port Richey, FL for seven years; City of New Port Richey, FL in public records litigation;
  • Represented outdoor advertising companies in billboard regulatory location permitting issues involving local governments and State of Florida Department of Transportation, as well as corporate matters and multi-million-dollar sale of billboard assets;
  • Represented private landowners in state and county initiated eminent domain proceedings;
  • Represented private utility companies in state and local administrative proceedings and contract litigation.

Pasco County Attorney and Deputy County Attorney:

  • Represented Board of County Commissioners and all County Departments, including the County hospital with emphasis on land use planning, zoning, including Developments of Regional Impact; and water and sewer matters;
  • Represented County in regional “water war” disputes; acquisition of water and sewer systems and subsequent disputes;
  • Involved with numerous eminent domain cases involving over one hundred individual parcels, including eminent domain jury trials;
  • Represented County in acquisition of private water and sewer systems.
  • Represented County in Bond Validation proceedings.

Pinellas County Assistant County Attorney:

  • Represented County environmental, planning and zoning departments; represented County in eminent domain proceedings, including multiple jury trials and appeals;
  • Represented Clerk to the Circuit Court and Sheriff’s Department.
  • Litigated various claims and appeals against the County including Florida Supreme Court appeals involving the constitutionality of Pinellas County Planning Council Special Act and the application of concealed weapons permits laws;