J. Kevin Miller

Shareholder

kmiller@bplegal.com
Professional Experience

Mr. Miller practices in the areas of business, real estate and community association litigation. For more than twelve years he has concentrated much of his practice in the law governing common interest ownership associations. In that time, he has represented condominium, cooperative and homeowners associations, as well as developers in a wide variety of legal matters. These matters have included representing clients in federal and state court in cases involving:

  • The Florida Condominium Act
  • The Florida Cooperative Act
  • The Florida Homeowners Association Act
  • The Interstate Land Sales Full Disclosure Act
  • The Florida Deceptive and Unfair Trade Practices Act
  • The Protecting Tenants at Foreclosure Act
  • The Fair Debt Collection Practices Act
  • The Florida Consumer Collection Practices Act.

From 2005 through 2012, Mr. Miller served as the statewide leader of the Firm’s collection and foreclosure practice. During that time, he was a frequent speaker on topics related to Florida’s residential foreclosure crisis, the foreclosure process and creditor’s rights.

Mr. Miller also concentrates a portion of his practice in the area of employment law. Prior to joining the Firm, he worked with the United States Department of Labor, the Nebraska Equal Opportunity Commission and local governments in Florida and Nebraska in the areas of human relations and resources. Since joining the Firm, he has represented clients in employment matters including defense of Title VII claims and the Florida Civil Rights Act. In addition to his employment discrimination experience, he has handled matters concerning fair housing and public accommodations discrimination claims.

Notable Client Accomplishments

  • Successfully defended property owner at trial against the United States government in an eminent domain action.
  • Prevailed at trial in multiple cases representing a condominium association against condominium unit owners who refused to reimburse the association for remedial benefits conferred to condominium units following Hurricane Wilma.
  • Successfully defended dozens of cases filed in federal and state courts against a national real estate developer alleging violations of the Interstate Land Sales Full Disclosure Act (ILSA) and the Florida Condominium Act.
  • Successfully negotiated buyouts of condominium units on behalf of multiple condominium unit owners in terminated condominium development.
  • Successfully negotiated recreational area use agreement between competing condominium associations concerning ownership rights and use of disputed recreational facilities.

Notable Presentations and Speaking Engagements

  • Fair Debt Collection Practices Act, Presenter for continuing legal education credit for lawyers, Sarasota, Florida, February 2006
  • Employee Handbooks in the Employment At Will Relationship, Florida Gulf Coast University, January 2008
  • Entrepreneurs’ Law School Program, Fort Myers, Florida, January 2008
  • Understanding the Collection and Foreclosure Process, 2008 Community Association Leadership Conference, Fort Myers and Naples, Florida, March 2008
  • The Collection and Foreclosure Process for Florida’s Community Associations, January 2009
  • 2009 Community Association Leadership Conference, Fort Myers and Naples, Florida, January 2009
  • Collection and Foreclosure Law for Florida Condominium and Homeowners’ Associations, Edison State College, May 2009
  • On-line/Video Instruction for Continuing Education Course for Florida Community Association Managers, May 2009
  • 2010 Community Association Leadership Conference, Fort Myers and Naples, Florida, The Economic Crisis Facing Florida’s Community Associations, January 2010
  • Case Law Update, 35th Annual Community Association Leadership Conference, Fort Myers and Naples, Florida, January 2011
  • Ground Zero: Strategies for Coping with the Collapse of the Real Estate Market, Paper Presented and Speaker at the Community Association Institute National Convention, Las Vegas, Nevada, January 2011
  • Foreclosure Processes and Collection Strategies for Community Associations, Presenter at Edison State College for Continuing Education Credit for Florida Community Association Managers, July 2011
  • Served on Special Panel concerning Covenant Enforcement for Florida Community Associations, Community Association Leadership Conference, Fort Myers and Naples, Florida, January 2012
  • Current Collection and Foreclosure Strategies for Florida’s Community Associations and Architectural Control and Enforcement for Homeowners’ Associations, Fort Myers, Florida, January 2013
  • Community Association Leadership, January 2013
Activities and Memberships
Mr. Miller is a member of the Real Estate Investment Society, a public policy organization for members of the real estate industry in Southwest Florida, and has served as a member of the Calusa Chapter of the American Inns of Court.
Bar Admissions
  • Florida
Court Admissions
  • United States District Court for the Middle District of Florida
Education
  • Creighton University School of Law, J.D.
  • University of Central Florida, M.P.A., B.A.