THE HILLSBOROUGH COUNTY BAR ASSOCIATION Tampa, Florida | JAN - FEB 2021 | VOL

Jan-Fev LAwYER 2021 Cover revised_Layout 1 12/28/20 11:48 Am page 1

LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION TAmpA, FLORIdA | JAN - FEB 2021 | VOL. 31, NO. 3 Jan-Fev LAwYER 2021 Cover revised_Layout 1 12/28/20 11:48 Am page 2 JAN-FEB 2021 HCBA lAWYER Inside Proof 3_layout 1 1/6/21 10:01 AM Page 1

THE HIllSBoRoUGH CoUNTY BAR ASSoCIATIoN LAWYER JAN - FEB 2021 | Vol. 31, No. 3

divisions features & events 25 6 17diverSity&incLuSioncommitteecLe 18thethirteenthJudiciaL 4 WritetheStoryyouWant circuit2020ProBono for2021 ServiceaWardWinnerS Editor’sMessage byToriSimmons byDineenPashoukosWasylik 23aPPeLLateLaWSectioncLe 6 neWyear,neWBeginningS HCBAPresident’sMessage 25criminaLLaWSectionPreSentS byPaigeGreenlee BuBBahuertaaWard 8 With2020BehinduS,the yLdiSLookingforWard 27memBerShiPSPeakerSerieS: YLDPresident’sMessage thePoWerofgratitude byTraciKoster 29conStructionLaWSectioncLe 10 LeSSonSfromthePandemic: afteraturBuLent2020, 31unmaSkingthecourtS: 27 chiefJudgeSayS13th meettheneWJudgeS circuitremainSreSoLute tocarryoutJuStice 34yLdgoLftournament ExecutiveDirector’sMessage byJohnF.Kynes 42unmaSkingthecourtS: haiLtothechiefS 12StateattorneyWarren conveneSraciaLJuStice 47maritaL&famiLyLaWSectioncLe WorkgrouP 34 FromtheStateAttorney 49memBerShiPSPeakerSerieS: AndrewWarren theinterSectionofethicS 14good-Bye2020– andtechnoLogy WeLcome2021 55“theyWereSoLdierSonce”triBute FromtheThirteenthJudicialCircuit ChiefJudgeRonaldFicarrotta 65triaL&LitigationSection& 16roLLinguPourSLeeveSto technoLogySectioncLe meetthechaLLengeSof2021 55 FromtheClerkofCourt& 67WorkerScomPenSationcLe ComptrollerCindyStuart

about the Cover Happy New Year! We are continuing on this issue’s cover to highlight historical legal images from Hillsborough County, with a postcard from 1905 by the Rotagraph Co. showing the Hillsborough County Courthouse of that time. Built in 1892, the ornate, red brick courthouse with a silver dome occupied a square block in downtown Tampa. The architect, J.A. Wood, also designed the Tampa Bay Hotel. The silhouette of the courthouse is still featured today in the Hillsborough County government logo, and in a replica gazebo in Courthouse Square across the street from the County government building. In addition, original doors from this courthouse were restored and are now on the Judicial Conference Room at the George Edgecomb Courthouse. This courthouse remained in use until the 1950’s. Postcard provided courtesy of Tom Elligett.

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THE HIllSBoRoUGH CoUNTY BAR ASSoCIATIoN editor officerS dineenPashoukosWasylik President:Paigegreenlee President-elect:coryPerson;immediatePastPresident:graceyang executivedirector Secretary:ScottStigall;treasurer:amandaPorupski LAWYER Johnf.kynes eX-officio hon.ronficarrotta;hon.francesPerrone;Leegunniv Chester H. Ferguson law Center directorS 1610 N. Tampa St., Tampa, Fl 33602 advertiSing alexcaballero tracikoster amandauliano Telephone (813) 221-7777 Pr/communicationsdirector christinederr anthonymartino JasonWhittemore www.hillsbar.com StacyWilliams matthall JacquelineSimms-Petredis [email protected] vivianhodz morganStreetman

(ISSN1553-4456)THEHILLSBOROUGHCOUNTYBARASSOCIATIONLawyer ispublishedsixtimesperyearbytheHillsboroughCountyBarAssociation.Editorial,advertising,subscription,andcirculationoffices:1610N.TampaSt.,Tampa,FL 33602.ChangesofaddressmustreachtheLawyer officesixweeksinadvanceofthenextissuedate.Givebotholdandnewaddress.POSTMASTER:SendchangeofaddressnoticestoHillsboroughCountyBarAssociation,1610N.TampaSt., Tampa,FL33602.OnecopyofeachLawyer issentfreetomembersoftheHillsboroughCountyBarAssociation.Additionalsubscriptionstomembersorfirmlibrariesare$50.Annualsubscriptionstoothers,$100.Singlecopyprice,$15.00. (Allplustax.)TheLawyer ispublishedaspartoftheHCBA’scommitmenttoprovidemembershipwithinformationrelatingtoissuesandconcernsofthelegalcommunity.Opinionsandpositionsexpressedinthearticlesarethoseoftheauthors andmaynotnecessarilyreflectthoseoftheHCBA.Submissionsoffeaturearticles,reviews,andopinionpiecesontopicsofgeneralinteresttothereadershipoftheLawyer areencouragedandwillbeconsideredforpublication.

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EDITOR’S MESSAGE Dineen Pashoukos Wasylik – DPW Legal

WritetheStoryyouWantfor2021

“newyear—anewchapter,newverse,orjustthesameoldstory? ultimatelywewriteit.thechoiceisours.”—authoralexmorritt

as there been a year in recent memory that was so anticipated on January 1st and yet so reviled by December 31st as 2020? Probably not. The year H2000 did not live up to fear of pending computer collapse, but that was a positive, and the result of much hard work to update computer systems to be ready for the changeover. And maybe you didn’t party quite as well as Prince sung about in anticipation of 1999. But 2020 has been a year of particular struggle, individually and collectively, so it’s not surprising that there is so much talk about kicking 2020 to the curb and not letting the door before the court. But requiring all parties to the legal hit it on the way out! system to adapt to online hearings has led to more There are things from 2020 that I will not miss — special set hearings, less travel time, and the ability to with the phrase “new normal” topping that list — but be much more productive at your desk when there is a now that we have had a few months to adapt to social wait for a hearing. While trials and evidentiary hearing distancing, mask wearing, and all of the changes to the may not be ideal via Zoom, it is my hope that way we operate that have flowed from that, there are argument-based hearings and scheduling conferences some changes from 2020 that are a net positive for the will continue to be via phone or video even as the practice of law. Courts open up more fully for in-person proceedings. Probably the biggest positive development is our Many have found positives in reduced or eliminated profession’s growing comfort with using video commuting time, which had made additional time for conferencing for court appearances. While the Florida exercise and family. And being forced to slow down and Rules of Judicial Administration have long encouraged make more home-cooked meals had led to healthier the use of telephonic or video conferencing for trials, eating habits for many. the reality is that phone and video hearings pre- Still, 2021 brings cause for celebration and hope. pandemic were the exception and not the rule. Instead, Frontline workers are already receiving the first doses of all too many routine hearing matters were handled via the two approved COVID-19 vaccines, which seems a “cattle call” hearings that tied up dozens of attorneys for hours at a time waiting for their few minutes of time continuedonpage5

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EDITOR’S MESSAGE Dineen Pashoukos Wasylik – DPW Legal

continuedfrompage4 and court staff are able to get in line soon to protect themselves and others. harbinger for the rest of us being able to return to in- Most importantly, though, no matter how the year person gatherings. The CDC has recommended that unfolds, we have control over how we tell our own legal workers should be classified as 1c priority for the stories. In the face of this new normal (ugh), we still have vaccine, noting that “workers supporting the operations the ability to make daily choices aimed at positivity and of the judicial system, including judges, lawyers, and growth. For our clients, we can make a difference in others providing legal assistance” are “essential critical helping them move their lives and their businesses infrastructure workers.” And given the sad tales of the forward despite uncertainty. And for ourselves and each virus racing through courthouses in the early stages of other, we can take the lessons of 2020 and apply them the pandemic, this makes sense. Let us hope that our to help build better days ahead. n prosecutors, public defenders, other frequent litigators

Interested in joining the HCBA Lawyer Referral & Information Service?

BooSt YouR BuSIneSS wItH ouR RefeRRALS!

We invite you to join the HCBA’s Lawyer Referral & Information Service, which is certiﬁed by the American Bar Association and backed by The Florida Bar.

LRIS works with the 13th Judicial Circuit and the Clerk of Court's Oﬃce to provide marketing materials in prime locations. The service also partners with WTVT FOX 13 in Tampa for a monthly viewer segment providing information and advice from our attorneys. LRIS also occasionally arranges community speaking engagements for members.

for more information, call (813) 221-7780 or visit https://hillsbarlrs.com/pages/for-lawyers.

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HCBA PRESIDENT’S MESSAGE Paige Greenlee – Greenlee Law PLLC

newyear,newBeginnings

“Wewillopenthebook.itspagesareblank.Wearegoingtoput wordsonthemourselves.thebookiscalledopportunityanditsfirst chapterisnewyear'sday.”—edithLovejoyPierce

ew year, new beginnings. I know we all or because someone has shared the magazine with them hope that sentiment holds even more and is encouraging them to join. As I think about these promise this year than ever before. new members beginning their careers, I look back more than twenty years One of the biggest “new to the beginning of my beginnings” for each of us career, and the amount of Noccurred when we found change our profession has out we passed the bar experienced is truly exam. Although delayed, astounding — and the on November 20, 2020, portion of that which has one thousand, five occurred as a matter of hundred sixty-seven bar necessity since March of applicants learned that they passed The Florida Bar last year is of particular note. exam. On behalf of the HCBA, I congratulate them on One long-standing hallmark of our profession is the surviving challenges associated with the exam that none commitment to, and need for, mentoring. Dating back to of us had to face, and I welcome each of them to our the English custom of the Inns of Court, the legal profession. I hope some of the new admittees are reading this, either as a current member of the HCBA continuedonpage7

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HCBA PRESIDENT’S MESSAGE Paige Greenlee – Greenlee Law PLLC

continuedfrompage6 Court, or The Florida Bar. I will always be grateful for the friends and mentors I have made through my service profession has largely relied on law school to teach us to our profession. how to write and think like a lawyer, and on our For those new attorneys who find themselves without colleagues to teach us how to practice and act like one. a mentor, the HCBA is reinvigorating its mentoring In the virtual world in which we are largely living, program, led by Judge Frances Perrone. Plans are I cannot help but think how challenging it will be for our underway for a “speed-mentoring” match up of newest lawyers to find mentors. mentors and mentees in January or February. New As a young lawyer, at a large law firm, I had many lawyers can find mentorship in lawyers of all levels of natural mentors — the people with whom I worked experience. Please consider signing up to be a mentor every day, several of whom are judges now. I had or mentee, as appropriate; more information is available opportunities to attend depositions and hearings with on the HCBA website. these attorneys, to observe their behavior, and to learn As we turn the calendar to January, we would from it. Once I started being sent to hearings myself, typically be looking forward to seeing each other for when I had the opportunity to do so, I went to my one of our quarterly luncheons. I am excited that, once hearings early, and stayed after my hearing concluded, again, our Diversity and Inclusion Committee and to watch other attorneys. Again, I learned what to do — HCBA Program Chair, Valeria Obi, have worked and, at times, what not to do. Our newly admitted hard to welcome a fantastic speaker — Professor attorneys will have fewer opportunities to do this, Theodore Shaw — for our January Diversity because we are still largely attending proceedings via Luncheon. Of course, I am disappointed that, based on teleconferencing platforms. If you know any new the pandemic and membership preferences, we must attorneys, I encourage you to reach out and to offer hold this event virtually, but please mark your calendars opportunities you may have to allow them to observe for January 19 and join us for what will certainly be a virtual proceedings in which you are participating. fantastic program. I know many new lawyers were told to wait for their While I am sure every past president has struggled bar results to look for jobs; if you are hiring, please with insightful words to fill this column, it has been consider a new member of our profession. A wise mentor particularly difficult this year. As I sit down to write it of mine once told me that he hired me, even though he every other month, it remains uncertain whether we will wanted someone with more experience, because he be able to proceed with many of the events so many of would rather spend the time teaching me how to do our members have spent countless hours planning. something the right way than re-teaching someone who However, I continue to remain hopeful; news on the had learned how to do it the wrong way. I have always vaccine is promising, and, at my core, I am an optimist. I remembered that when I made hiring decisions. And, hope to be seeing you all in person again soon. Until then, of course, encourage new lawyers to get involved in the please stay safe, take of yourselves, and each other. n HCBA, another voluntary bar association, an Inn of

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YLD PRESIDENT’S MESSAGE Traci Koster – Nelson Koster

With2020Behindus, theyLdisLookingforward

itisnottoolatetojoinacommitteeorattendyLdevents!infact, theWinterandSpringmonthsareoften“busymonths”fortheyLd.

ith 2020 in the rearview mirror, the Member Services Committee hosted the first wellness YLD has reached the midpoint of event, which included a 30-minute virtual meditation. the Bar year! While 2020 certainly Notwithstanding the difficulties presented by the brought unprecedented challenges COVID-19 pandemic, our YLD members continue to to the YLD (and all organizations show up to support great causes and network with other alike), our Board and committees did a fantastic job young lawyers. The YLD’s many committees are working pivoting some of our annual events entirely and slightly hard to plan for the second half of the Bar year! adjustingW others. It is NOT too late to join a committee or attend YLD Our annual Cornhole for a Cause event benefitting events! In fact, the Winter and Spring months are often Big Brothers Big Sisters turned into a virtual scavenger “busy months” for the YLD, and this year plans to be no hunt/trivia competition, so we could keep our members exception. If you still want to join a committee, here is safe, but still give back to some information on their our community partner! In remaining events and their similar fashion, our Pro main contacts: Bono Luncheon received a The Member Services virtual facelift. Our Pro Committee is planning Bono Committee worked more wellness events and hard to change up the will host the annual Coffee format of this event to give at the Courthouse and our members a hands-on Judicial Shadowing event. pro bono experience — The main contacts are training included — while Board liaisons Sean Bevil offering our local service and Hannah Becker. providers the opportunity The Professionalism and to share with our members Ethics Committee will all the ways to give back host the State Court Trial through pro bono service. Seminar and our newest In an effort to meet our event — a “Getting into members where they were Members of the YLD Events Committee Good Trouble” Book Club. — at home — the YLD put on another successful tournament! The main contacts are Board put together a mini- Board liaisons Harold webinar series with tips and Holder and Rick Duarte. tricks for organizing your practice. Those webinars are The Youth Projects Committee is brainstorming safe available on the HCBA’s website, if you were unable to ways to give back to underprivileged youth in our attend live. community. The main contacts are Board liaisons Alex The YLD’s annual (sold-out) Golf Tournament (photos Palermo and Nicole Gehringer. on page 34) looked much the same but included social distancing protocols to keep our members safe, and our continuedonpage9

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YLD PRESIDENT’S MESSAGE Traci Koster – Nelson Koster

continuedfrompage8

The Long-Range Planning Committee primarily prepares applications for grants and awards to other organizations on behalf of the YLD. The main contact is Board liaison Lyndsey Siara. The Events Committee will host Spring and Summer Happy Hours, as well as Cornhole for a Cause in the summer benefitting Big Brothers Big Sisters of Tampa Bay. The main contacts are Board liaisons Zachary Bayne and Jason Imler. The Pro Bono Committee will continue its support of the Family Forms Clinic, iLawyer, and other pro bono projects. The main contacts are Board liaisons Linda Anderson Stanley and Sara Peacock. The Law-Related Education and Law Week Committee will host Law Week and the Judge Robert Simms High School Mock Trial Competition. The main contact is Natasha Khoyi. There are still many opportunities for involvement, and now is the time to get involved. I hope to see you at an event (virtual or in-person) soon! n

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EXECUTIVE DIRECTOR’S MESSAGE John F. Kynes - Hillsborough County Bar Association

LessonsfromthePandemic:afteraturbulent 2020,chiefJudgeficarrottaSays13thcircuit remainsresolutetocarryoutJustice

“ithinkwewillcomeoutofthepandemicstrongerandbetter. it’sbroughtthelegalcommunitytogethertofindwaystoget casesresolvedandcarryouttheadministrationofjustice.” —13thcircuitchiefJudgeronaldficarrotta

Floridians are a resilient lot. In Florida’s long history, dating back to 1513 when Spanish explorer Juan Ponce de Leon led an expedition and christened the new land he sighted La Florida, Floridians have experienced terrible suffering and overcome great adversity. Now, the coronavirus pandemic has presented Floridians yet another terrible crisis in which to navigate. As I write this, more than 20,000 Floridians have tragically died of COVID-19. Gary R. Mormino, a Florida historian and scholar in residence at Florida Humanities, recently published a column in the Tampa Bay Times about lessons Floridians have learned from other times of crisis in the state’s history. “As a colony, territory and state, the peninsula suffered deadly outbreaks of smallpox, yellow fever, malaria, influenza and polio,” Mormino wrote. “Floridians have weathered 130 mph

continuedonpage11

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EXECUTIVE DIRECTOR’S MESSAGE John F. Kynes - Hillsborough County Bar Association

continuedfrompage10 Ficarrotta recently told me he is pleased how the court has adapted during the pandemic. hurricanes and survived the threat of nuclear Ficarrotta said there has been a real sense of annihilation by the way of missile aimed 90 miles off cooperation working with the various local stakeholders its shore.” — such as the Sheriff ’s Office, State Attorney’s Office, “The Four Horsemen of the Apocalypse left deep Public Defender’s Office, and County Clerk’s Office — hoofprints of war, conquest, famine and pestilence to keep the court operating while adhering to public across the Sunshine State. Repeatedly, Floridians health and safety measures. rebounded, demonstrating strength and resolve,” “I think we’ve had more jury trials than almost any Mormino said. other circuit,” Ficarrotta said, noting the court has Mormino cites, for example, how during the summer conducted three first-degree murder trials since months Floridians often face down the threat of October, the first of which was broadcast on Court TV. powerful and destructive hurricanes. Ficarrotta told me he was most proud about how Mormino correctly points out that hurricanes the judges in the circuit have “embraced technology,” connect Floridians “across the ages” and “bring such as Zoom, to conduct remote hearings and other Floridians together in ways that a long peninsula and critical proceedings. panhandle divide us.” He also praised Circuit Judges Samantha Ward and No matter how challenging the circumstances, Thomas Palermo and others who have been working however, Floridians have always demonstrated their closely with the HCBA since the pandemic hit to resilience and the ability to adapt. develop virtual CLE programing on a wide range of The pandemic also has had a lasting impact on topics for HCBA members. Florida’s judicial system. When the pandemic hit, Additionally, Judge Ficarrotta told me he will be courts were forced to cancel or postpone jury trials and working with members of the Florida Legislature this other in-person proceedings, creating a backlog of spring on funding issues for the courts to help address criminal and civil cases. the court’s increased workload and backlog of cases Taking direction from the Florida Supreme Court, created because of the pandemic. Florida state courts have taken steps to mitigate the “At the end of the day, I think we will come out of health effects of the pandemic, such as limiting access the pandemic stronger and better,” Ficarrotta said, to courthouses; restricting or ending jury trials; and “It’s brought the legal community together to find ways requiring face coverings to be worn. to get cases resolved and carry out the administration Thirteenth Judicial Circuit Chief Judge Ronald of justice. n

Wanttoadvertiseyourbusinessto THOUSANDSOFATTORNEYS intheTampaBayarea? ContaCt [email protected] for more information.

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FROM THE STATE ATTORNEY Andrew H. Warren - State Attorney for the Thirteenth Judicial Circuit

Stateattorneyconvenes racialJusticeWorkgroup

ourofficepartneredwithgrassrootsorganizationsandcommunity leaderstocreatefivenewactionStepsforfairness&engagement.

rosecutors are owners, and prosecutors. responsible for Assistant State Attorney more than simply Jeria Wilds, Chief of Problem- prosecuting cases. Solving Courts, is leading our We have a unique effort to organize and facilitate ability to actively build a these important and often more fair and equitable uncomfortable conversations. Pcriminal justice system. Over Stanley Gray of the Urban the past several months, we League of Hillsborough have listened as our community County explained his interest has called out for progress, in taking part, saying, “If you and we have re-evaluated our don’t have a place where own role in delivering sensible people can share their feelings, reforms. We recognize that we’re never going to get to only in partnership with our a solution.” community are we able to The Work Group’s meetings build a strong system of began with frank conversations criminal justice that prioritizes about challenges faced by Black public safety and fairness. men and women — both youth To that end, our Office and adults — in the justice partnered with grassroots system. Those conversations led organizations and community leaders to create five to identification of issues across different topics including new Action Steps for Fairness & Engagement to address police accountability, consistency in charging decisions issues of racial injustice, as part of our mission of and sentencing, effectiveness and access to diversion building a safer community while promoting justice and programs, mental health, and community engagement. fairness for everyone. The goal is to identify very specific issues within those Those Action Steps include providing more topics, then create real solutions that can be implemented information regarding our review of use of deadly force by the State Attorney’s Office and our partners. incidents, increasing engagement with minority We have been working hard over the past four years communities, and improving the recruitment and to tackle racial disparities. Our Office has added new retention of minority prosecutors. The most ambitious data-driven approaches to handling cases, increased initiative is the creation of a Racial Justice Work Group transparency with the public, and reformed how we whose goal is to identify distinct problems of racial address low-risk first-time offenders in an effort to make injustice and to develop and implement solutions to their first encounter with the justice system their last. address those inequalities. But this Work Group is built on the idea that the more The 19-member Work Group includes members of input we have from the community, the more likely we the faith community, grass-roots organization leaders, are to find solutions to the problems that we know mentors for at-risk youth, returning citizens, business continue to exist. n

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Hillsborough County Bar Association 100 Club Law firms with 100% membership in the HCBA

13th Judicial Circuit Court Gordon J. Schiff, P.A. Nader Mediation Services 2nd District Court of Appeal Goudie & Kohn Nancy Jacobs, Esq., LLC Adams & Reese LLP Gramling Environmental Law, P.A. Open Palm Law Allen Dell GrayRobinson, P.A. Patsko Law Group PLLC Alley Clark & Greiwe Greco & Wozniak, P.A. Petitt Wolfe Craine Worrell LLC Ansa Assuncao, LLP Greenberg Traurig Port Tampa Bay Anthony J. LaSpada P.A. Gunn Law Group Quinn & Lynch P.A. Anthony & Partners, LLC Gunster Ramirez Law Firm Appleton, Reiss & Skorewicz, PLLC Harmon Parker, P.A. Rechel & Associates, P.A. Austin Roe Basquill P.A. Harris, Hunt & Derr, P.A. Richard A. Harrison, P.A. Baird Law Group Harvey Schonbrun, P.A. Rieth & Ritchie, P.A. Bajo | Cuva | Cohen | Turkel, P.A. Hilary High, P.A. Rocke, McLean, & Sbar, P.A. Barbas, Nunez, Sanders, Butler & Hovsepian Hillsborough County Attorney’s Office Rotella Legal Group, P.A. Barker & Cook, P.A. Hillsborough County Aviation Authority Rumberger, Kirk & Caldwell, P.A. Barnett Bolt Kirkwood Long Koche & Foster Legal Affairs Department Saxon, Gilmore & Carraway, P.A. BaumannKangas Estate Law Hill Ward Henderson Scarritt Law Group, P.A. Bay Area Legal Services Plant City Hillsborough County Sheriff’s Office, Legal Division Schropp Law Firm Bivins & Hemenway, P.A. Holcomb & Leung, P.L. Scott A. Haas, P.A. Bleakley Bavol Denman & Grace Hunter Law, P.A. Sessions Fishman Nathan & Israel, LLP Brandon Family Law Center, LLC Isaak Law, PLLC Sessums Black Caballero Ficarrotta Brandon Legal Group, P.A. Jackson Lewis P.C. Sessums Law Group, P.A. Brannock Humphries & Berman James P. Knox, PLLC Seth Nelson, P.A. Brennan, Holden & Kavouklis, P.A., Attorneys at Law Jeffrey C. Shannon, PA Shawn Harrison Associates, PLLC Brett Hendee, P.A. Johnson, Cassidy, Newlon & DeCort, P.A. Silver & Agacinski Bricklemyer Law Group Johnson Jackson LLC Sisco Law Broad and Cassel Jorgensen Law Group, LLC Spector Gadon & Rosen Buell & Elligett, P.A. Joyce & Reyes Law Firm Stichter, Riedel, Blain & Postler, P.A. Burr & Forman Judd Bean Law Stolberg & Townsend, P.A. Bush Ross Kay Family Law PLLC Stoler Russell Keener Verona P.A. Butler Weihmuller Katz Craig LLP Keys & Coakley, P.L. Stuart & Strickland, P.A. Carey, O’Malley, Whitaker, Mueller, Roberts & Smith, P.A. Kynes Markman & Felman, P.A. Tampa City Attorney’s Office Carlton Fields, P.A. Langford & Myers, P.A. Terrana Perez & Salgado, P.A. Carman & Bevington, P.A. Larson Johnson, P.L. The Bleakley Bavol Law Firm Cheeseman & Phillips, P.A. Lauro Law Firm The Fernandez Firm Clark & Martino, P.A. Law Offices of Andrew Shein The Law Offices of Julia Best Chase P.A. Clerk of the Circuit Court’s Office Law Office of Christopher T. Abrunzo, PLLC The Law Office of Paul M. Sisco Cole, Scott & Kissane, P.A. Law Offices of Jeanne T. Tate, PA The Law Offices of Ryan Cappy Cortes Hodz Family Law and Mediation, P.A. Law Office of Michael J. Winer, P.A. The Plante Law Group, PLC Culpepper Kurland Law Office of Robert M. Geller The Women’s Law Group, P.L. Danahy & Murray, P.A. Law Offices of Jonathan C. Koch The Yerrid Law Firm, P.A. Dandar & Dandar Law Offices of J. Kevin Carey, P.A. Thomas & LoCicero PL de la Parte & Gilbert, P.A. Lawrence E. Miccolis, P.A. Thompson Legal Center LLC Dogali Law Group, P.A. Leo D. Gomez, P.A. Timothy G. Anderson, P.A. Donica Law Firm, P.A. Leon & Berg, P.A. Trentalange & Kelley, P.A. DPW Legal Leslie Reicin Stein P.L. Trombley & Hanes, P.A. Felix, Felix & Baseman Lieser Skaff Alexander, PLLC Valkenburg Law Group Fernandez & Hernandez, LLC Lins Law Group, PA Vecchio, Carrier, Feldman & Johannessen, P.A. Fletcher & Fischer P.L. Macfarlane Ferguson & McMullen Wagner McLaughlin Florida Law Group, LLC Maney, Damsker, Jones & Kuhlman, P.A. Walk Law Firm, P.A. Fraser Himes, P.A. Manson Bolves Donaldson Varn, P.A. Walters Levine & Lozano Freeborn & Peters LLP Marlowe McNabb, P.A. Warren Law Firm, PLLC Friscia & Ross P.A. McCart & Tesmer, P.A. Weekley, Schulte & Valdes LLC Fuentes & Kreischer, P.A. McCulloch Carter, PLLC Wenzel Fenton Cabassa, P.A. Fulgencio Law McIntyre, Panzarella, Thanasides, P.A. Wetherington, Hamilton, P.A. Galloway, Johnson, Tompkins, Burr and Smith Mechanik Nuccio Hearne & Wester, P.A. Whistleblower Law Firm P.A. Gardner Brewer Martinez-Monfort, P.A. Michael D. Fluke, P.A. Wiand Guerra King Gaylord Merlin Ludovici & Diaz Michael P. Maddux, P.A. Wicker Smith O’Hara McCoy & Ford P.A. Genders-Alvarez-Diecidue, P.A. Michael Rossi Law William A. Knight, P.A. Gibbs & Parnell, P.A. Mickey Keenan, PA Yanger Law Group, P.A. Givens Law Group Mills Paskert Divers Young Scanlan, LLC Glausier Knight Jones, PLLC Morgenstern & Herd, P.A. Gomez & Touger, P.A. Morris Law Firm

TO BE ADDED TO THIS LIST, PLEASE EMAIL A LIST OF ATTORNEYS IN YOUR FIRM TO [email protected].

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FROM THE THIRTEENTH JUDICIAL CIRCUIT CHIEF JUDGE Ronald Ficarrotta - Chief Judge, Thirteenth Judicial Circuit

good-Bye2020–Welcome2021

iamproudofourcircuitandamthankfultothemembersofthe hillsboroughcountyBarassociation.#Weare13Strong

2020 was a year to assigned to East Division remember. For years to R, Civil and Family. come, students will study • Wendy DePaul hails the Spanish Flu of 1918, from Cohen & DePaul, the Asian Flu of 1957, and practicing bankruptcy and the COVID-19 Pandemic foreclosure litiga tion. She of 2020. Looking back is assigned Family Law at a year fraught with Division C. quarantine, illness, stress, • Greg Green also started and obstacles, I am his legal career with thankful that I also see the Hillsborough County much success. Through State Attorney’s Office. collaboration and team - Subsequently, he pursued work, we adopted new family law in his own business practices that launched the Thirteenth Circuit firm. He is assigned Family Law Division E. into virtual courtrooms. I never thought I would see that • Lyann Goudie was a career criminal attorney with day that court would be held in cyberspace! Goudie and Kohn before becoming a judge. She is I also look back and see changes to the makeup of assigned Circuit Criminal Division B. our bench. With fondness and appreciation, we bid • Monique Scott was a police officer and a farewell to seven retired judges (pictured to the right). schoolteacher before becoming an attorney. She Judges Martha Cook, Jack Espinosa, Gregory Holder, began her legal career with the Hillsborough County Eric Myers, Richard Nielsen, Scott Stephens and Ralph State Attorney’s Office. She is assigned to County Stoddard will be missed for their knowledge and Civil Division J. dedication. Of course, I will miss their friendship most We have a great group of new judges joining our of all. bench, and we welcome them! Thankfully, the 2020 elections provided some amazing In closing, let’s not forget that we all persevered in people to fill the void (pictures of our newest judges on spite of the pandemic. It may have been inconvenient the next page). to telework, wear a mask outside the home, stay home • Lindsay Alvarez started her legal career with the more than going out, and refrain from visiting family Hillsborough County State Attorney’s Office. Most and friends. But what did we gain? We shared more time recently she was with Rywant, Alvarez, Jones, Russo with those we cherish most. We invested in our families & Guyton P.A., practicing general and commercial and community. With any luck, 2021 will bring health litigation. She is assigned to Family Law Division J. and wellness to everyone. I am proud of our circuit and • Kelly Ayers practiced civil litigation, family law and am thankful to the members of the Hillsborough dependency law, owning three firms prior to joining County Bar Association. #WeAre13Strong n the bench. She is assigned to Family Law Division D. • Helene Daniel practiced in a variety of fields, mainly focusing on medical law in recent years. She is continuedonpage15

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FROM THE THIRTEENTH JUDICIAL CIRCUIT CHIEF JUDGE Ronald Ficarrotta - Chief Judge, Thirteenth Judicial Circuit

continuedfrompage14

Farewell To Our Retired Judges

Hon. Martha Cook Hon. Jack Espinosa Hon. Gregory Holder Hon. Eric Myers Hon. Richard Nielsen Hon. Scott Stephens Hon. Ralph Stoddard

Welcome To Our Newest Judges

Hon. Lindsay Alvarez Hon. Kelly Ayers Hon. Helene Daniel Hon. Wendy DePaul Hon. Lyann Goudie Hon. Greg Green Hon. Monique Scott

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FROM THE CLERK OF COURT & COMPTROLLER Cindy Stuart – Clerk of Court & Comptroller, Thirteenth Judicial Circuit

rollingupourSleevestomeet thechallengesof2021

iwillputahighpriorityonfindingmorewaysforthepublictodo moreworkremotely.it’snotonlysafer;it’smuchmoreconvenient andcost-effective.

was honored in Information Systems and September to be elected Programming from Florida your new Clerk of International University. So I am Court & Comptroller, very comfortable in the world of and I wanted to take Information Technology. I speak this opportunity to introduce the language and I’m eager to myself and tell you about some roll up my virtual sleeves. Iof my plans that will help the I’m sure we are all relieved to legal community. put 2020 behind us, but the Because I was elected in a challenges created by the universal primary, I had the COVID-19 pandemic linger benefit of a few extra months to with no end in sight. I will put a work with outgoing Clerk Pat high priority on finding more Frank and her staff to ensure a ways for the public to do more smooth transition. I will always be grateful for the support work remotely. It’s not only safer; it’s much more Pat gave me during the election and in the months that convenient and cost-effective. Among the court-related followed. She spent 16 years as Clerk & Comptroller and technology projects we will focus on are: my goal is to build on the strong foundation she created. • Expanding electronic certification of court records, One thing that became crystal clear during the already available for electronically-filed records and transition is how complex the Clerk’s Office is. Most expanded to request paper documents to be people don’t realize the many things the office does for converted to electronic images and then eCertified. the public every day. Pat was fond of saying the office • Creating text message alerts for new activity in court helps people from cradle to grave, and that’s certainly cases and for court hearing reminders. true: From adoptions to marriages, deeds to divorces, all • Expanding online court payments to provide the the way to probate. The office also pays all of the bills for ability to pay online for most case-related assess - Hillsborough County government, audits the books and ments through the Clerk’s excellent HOVER court even delivers the mail. case system. But its core responsibility revolves around the courts, • Expanding the electronic service of court-related its biggest division by far. The Clerk’s Office has made documents to include service of final judgment and tremendous strides toward the goal of creating a sentences in criminal cases. paperless environment. The digital revolution that has • Enhancing the jury experience by allowing transformed the office has increased efficiency not only potential jurors to submit required questionnaires for the more than 600 employees who work there, but for electronically before they arrive, much like you do all of its customers. Of course, technology is constantly when you check in with an airline or a doctor’s office. changing, and it’s important we stay on top of it. We also want to allow for text notifications for jurors You may know me best for the eight years I spent on whose service is not required. the Hillsborough County School Board. But what you may not know is that I earned a degree in Management continuedonpage17

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FROM THE CLERK OF COURT & COMPTROLLER Cindy Stuart – Clerk of Court & Comptroller, Thirteenth Judicial Circuit

continuedfrompage16 are making it work. One of the unintended benefits of this new system is that if you are not picked to serve As you know, jury duty already has changed because on a jury, you will likely be in and out of the of the pandemic. We no longer call hundreds of courthouse in a few hours. That is something that potential jurors once a week and make them wait all should please everyone. day, only to be sent home without ever actually serving As members of the Hillsborough Bar, you are our on a jury. Now, we are calling jurors five days a week, “frequent flyers,” the customers who depend on us usually in two or three different pools staggered through the most. I am committed to making my office as the day to ensure social distancing. This has been a responsive as it can be. Please don’t hesitate to contact management challenge for us as well as our partners me if you have suggestions for improving the Clerk’s in the 13th Judicial Circuit Court, but together we Office. Like all of our clerks, I am here to serve. n

Diversity & Inclusion Committee CLE onnovember12,hcBa’sdiversity&inclusioncommittee hostedacLeWebinarincelebrationofthe30thanniversaryof theamericanswithdisabilitiesact.topicsduringthiswebinar included:howandwhatthelegalcommunitycanandshould Jack Humburg Christina Potter dotopromoteinclusionandaccesstopersonswithdisabilities throughthecourtServices;thestructureandobjectivesofthe ada;thefloridaruleofJudicialadministration2.540;theprocess forrequestingadaaccommodationsforcourtproceedings;the roleofcourtadacoordinators;examplesofada-relatedsituations likelytoariseinthecourtenvironment;andexamplesofada Debbie Howells Dustin Metz accommodationrequestsreceivedduringthepandemic. aspecialthankyoutoourspeakers,debbiehowellsanddustin metzoftheofficeoftheStatecourtsadministrator,Jackhumburg ofBoleycenters,inc.,andannSiegelof disabilityrightsflorida,forpresenting thiswebinar!also,thankyoutoisom Ann Siegel Tim Martin mediationforsponsoringthiscLe.

Issues for Consideration

• Does a sign language interpreter need to be provided? • Does Attorney Wynn have all the information needed to secure a qualified interpreter for this situation? • Who is responsible for scheduling and paying for the interpreter for the deposition? • What does Attorney Wynn need to do if A. Witness is subpoenaed as a witness at the hearing?

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SPECIAL FEATURE Author: Tori Simmons – Hill Ward Henderson

thethirteenthJudicialcircuit2020 ProBonoServiceawardWinners

“youalwayshavetogive;youmaynotneedhelpnow,butyouneverknowwhenyou wouldneedhelp,soyoumustgivewhenyoucan.”—fehintola“kemi”oguntebi

he Thirteenth Annual Circuit Pro Bono practitioner in the area of Family Law, Bankruptcy, Services Awards Ceremony was held Probate, Guardianship, and Estate Planning. Ms. virtually on October 27, 2020. At the Oguntebi began volunteering with Bay Area Legal ceremony, the award winners listed below, Services (BALS) in 1999 and has continued to do so as well as all attorneys who performed 20 consistently for the last 20 years. She regularly assisted or more hours of pro bono service, were honored for their pro se domestic violence litigants for the Domestic outstanding contributions of pro bono legal services to the Violence Assistance Project. In addition, Ms. Oguntebi community.T The award nominations were submitted to has accepted over 20 pro bono cases through BALS since the Thirteenth Judicial Circuit Pro Bono Committee, 2004. As a seasoned practitioner in areas where pro bono chaired by the Honorable Barbara Twine Thomas and services are needed, Ms. Oguntebi also donates her time vice-chaired by the Honorable Darren Farfante. The to mentor staff and volunteer attorneys through BALS’ ceremony was hosted by the Committee and the Bay Area Mentor Panel. Ms. Oguntebi is a regular volunteer for Legal Services’ Volunteer Lawyers Program. The the Tampa Bay Bankruptcy Bar Association’s Pro Bono ceremony was sponsored by Quarles & Brady, LLP. Clinic and the HCBA Ask a Lawyer Project with Fox 13. She is also an active member of the George Edgecomb The Hillsborough County Bar Association’s Bar Association and has participated in pro bono events Jimmy Kynes Pro Bono Service Award: with that organization over the years. Fehintola “Kemi” Oguntebi BALS praised Ms. Oguntebi as a dependable Fehintola “Kemi” Oguntebi has devoted a substantial volunteer who is always willing to step up and take a portion of her career to providing pro bono legal services difficult case that cannot be placed. For example, Ms. to those in need. Ms. Oguntebi was admitted to the Florida Bar in 1995 and has spent her career as a sole continuedonpage19

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SPECIAL FEATURE Author: Tori Simmons – Hill Ward Henderson

Fehintola “Kemi” Oguntebi Carol Lee Hinds S. Elizabeth King Lance Cochran-LaFleur

continuedfrompage18 Ms. Oguntebi also receives high praise from her pro bono clients who have noted her dedication and Oguntebi recently accepted four cases at one time professionalism in delicate situations. Ms. Oguntebi’s own because the clients otherwise would have been turned explanation of her commitment to pro bono is simple: away. Ms. Oguntebi’s pro bono work has a powerful “You always have to give; you may not need help now, impact on those she represents. She recently helped one but you never know when you would need help, so you senior client adopt his six-year-old granddaughter after must give when you can.” her mother abandoned her, and she helped another senior client obtain title to the home he lived in for 30 years. Outstanding Pro Bono Service by a Lawyer: Lupe Vazquez-Mitcham, the HCBA’s Lawyer Referral Carol Lee Hinds and Information Services Director, called Ms. Oguntebi Carol Lee Hinds was admitted to the Florida Bar in a “loyal and dedicated” volunteer whose service 1985 and practiced exclusively in the area of business law exemplifies the words of Martin Luther King Jr., who said “justice denied anywhere diminishes justice everywhere.” continuedonpage20

Sessums Black Caballero Ficarrotta

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SPECIAL FEATURE Author: Tori Simmons – Hill Ward Henderson

continuedfrompage19 Shutts & Bowen LLP, where she practices commercial litigation. Ms. King’s dedication to pro bono started in for the next twenty years. In 2007, the untimely death of law school and has continued throughout her early career. her husband fundamentally changed her life. Looking for In 2019, Ms. King donated 101.4 hours of her time to a distraction from the pain of that loss, Ms. Hinds began representing pro bono clients. As a volunteer on-call volunteering as a Guardian ad Litem (GAL). Initially attorney ad litem for Crossroads for Florida Kids, Ms. intimidated by the realities of representing real people with King represents children who appear at delinquency very real problems, Ms. Hinds quickly found her inspiration proceedings without a parent or guardian. Ms. King in the form of a GAL teenager who, despite suffering makes sure each child understands the proceedings and unspeakable trauma, was filled with optimism. That young that their needs and wants are expressed. Ms. King girl inspired Ms. Hinds to find her own courage, resilience, helped one young client in foster care obtain extended and hope. Ms. Hinds continued to volunteer as a GAL and, benefits through the extended foster care system. in 2013, took on a new role as a volunteer Attorney Ad Ms. King also spent significant time in 2019 Litem (AAL) for Crossroads for Florida Kids. representing a disabled woman in a dispute with the In 2019, Ms. Hinds contributed 342 pro bono hours Social Security Administration (SSA). The SSA claimed representing underserved children in Hillsborough the woman had been overpaid for a decade and began County in dependency and delinquency proceedings. In withholding all benefits. Ms. King was able to help her 2019, Ms. Hinds helped a young client who turned her client work out a payment plan where she would continue life around obtain a dismissal of her criminal charges. Ms. receiving benefits with a small amount withheld for the Hinds also gave a voice to a 15-year-old client who is now overpayment. Without Ms. King’s help, this woman placed in a loving home. Rosemary Armstrong, the would not have received any of the benefits she needed. founder of Crossroads for Florida Kids, says that Ms. Hinds’ “knowledge of juvenile law and keen legal skills, Outstanding Pro Bono Service by a Paralegal: along with her ability to connect with her young clients” Lance Cochran-LaFleur make her the perfect Crossroads advocate. Ms. Hinds says Lance Cochran-LaFleur is a Florida Registered that her work as a GAL and AAL have been the most Paralegal who has provided over ten years of service to rewarding of her career. the legal profession. During that time, Mr. LaFleur has consistently donated his time to pro bono efforts. In Outstanding Pro Bono Service by a Young 2019, he donated 60 hours to pro bono legal services. Lawyer: S. Elizabeth King Elizabeth King is an associate in the Tampa office of continuedonpage21

Have You Renewed Your HCBA Membership?

Renew your membership now. stay connected to Hillsborough County’s legal community!

new Payment options: Automatic Annual Renewal and Quarterly Automatic Payments now Available.

Go to HillsBAR.CoM to leARn MoRe And Renew todAY!

2 0 JAN - FEB 2021 | HCBA LAWYER JAN-FEB 2021 HCBA lAWYER Inside Proof 3_layout 1 1/6/21 10:01 AM Page 21

SPECIAL FEATURE Author: Tori Simmons – Hill Ward Henderson

continuedfrompage20 clinic each week at Metropolitan Ministries for the homeless and indigent in the community. Mr. LaFleur has served as the Pro Bono Chair of the Project HELP relies on attorney volunteers to staff Tampa Bay Paralegal Association since 2017, and has the clinic, and the Jesuit Bar Association has donated his time to several worthy pro bono causes. For consistently staffed the clinic for two months each year. example, for the past three years, Mr. LaFleur served as In 2019, Jesuit Bar Association members contributed the Volunteer Coordinator for the Wills for Heroes 43.5 hours directly through the Project HELP Clinic. program, where he manages, organizes, and maintains And even though Project HELP volunteers are not a steady flow of new and returning volunteers. He also required to take on work outside the clinic hours, several raised funds to purchase new laptops for a Wills for members of the Jesuit Bar Association have provided Heroes event. full representation to individuals who came into the Mr. LaFleur also sits on the Thirteenth Judicial Circuit HELP legal clinic for advice. Jesuit Bar Association Pro Bono Committee. Through that role, Mr. LaFleur members also engage in their own individual pro bono partners with other pro bono organizations to provide and community service projects. opportunities for members of the Tampa Bay Paralegal The Thirteenth Judicial Circuit Pro Association to provide pro bono legal services. Bono Committee commends the extraordinary service of the 2020 Outstanding Pro Bono Service by a Law Firm: award recipients. n Sessums Black Caballero Ficarrotta Sessums Black Caballero Ficarrotta was established in Tampa in 1982 with the goal of building a quality, client- Author: Tori Simmons – centered firm with a specialty in marital and family law. Hill Ward Henderson The firm’s founder, Stephen Sessums, instilled in the firm a dedication to pro bono involvement. He saw pro bono as an opportunity to make a rewarding and substantial impact on the community. In keeping with that tradition, the six-attorney firm has been a consistent provider of pro bono services. In the past three years alone, Sessums Black has donated approximately 1,258 hours to Bay Area Legal Services. In 2019, the firm provided over 335 hours to pro bono services. In just one example, firm attorney Jennifer Ficarrotta agreed to handle a pro bono custody case where the client could not keep counsel due to the opposing party’s threats of violence and bullying, including threats against counsel and the judiciary. Ms. Ficarrotta took on the case despite these challenges and her client ultimately prevailed. Other Sessums Black attorneys have devoted significant hours to pro bono causes, including representing children in foster care and serving as volunteer lawyers for Bay Area Legal Services.

Outstanding Pro Bono Service by an Organization: Jesuit Bar Association The Jesuit Bar Association is an alumni association of Jesuit High School in Tampa for alumni, parents of alumni, and parents of current students dedicated to the practice of law. Four years ago, the Jesuit Bar Association started volunteering with Project HELP (Homeless Experience Legal Protection). Project HELP holds a legal

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aconverSationWithJudgeSuzanneLaBrit Appellate Practice Section Chairs:JoeEagleton–BrannockHumphries&BermanandChanceLyman–BuchananIngersoll&Rooney

Sheisthorough,strategic, andanalytical,andshewill makeawonderfuladdition totheappellatebench.

Right: Judge Suzanne Labrit fter interviewing Judge Suzanne Labrit, I can tell she is an expert in missed that. “Well, back then, Nova Southeastern. Her interests humility. The newest colleges had early admission in law school were both reflective of judge on the Second District programs,” she told me. “If you her practical nature and indicative CourtA of Appeal was keener to tested reasonably well you could of her future role on the bench. congratulate me on my new job start early. I just happened to The first-year fundamentals were and ask how my transition from be a good test taker.” I learned her favorites. “Reading the cases, law school was going than to take quickly that Judge Labrit didn’t understanding the holdings, putting credit for her recent appointment. “just happen” to be anything — it all together,” that’s what she As we discussed the path that led she is determined, tenacious, enjoyed most. Even today, her to the bench, it became clear and hardworking. she always goes back to basics: that humility has been a longtime After graduating from the “If you can break it down to the staple of her personality. Only University of Florida at 19, Judge fundamental level, you have a good when I was confused by her career Labrit knew she wanted to go start on wherever you need to go.” timeline did she mention, “Oh to law school, but she needed to Judge Labrit began her legal yes, I left high school at 15.” regroup financially first. So, over career at Rudin, later joining Squire “You graduated high school the next two years, she worked as Sanders & Dempsey, before moving when you were 15 years old?” a secretary to save money before I asked, stunned as to how I had ultimately pursuing her J.D. at continuedonpage23

2 2 JAN - FEB 2021 | HCBA LAWYER JAN-FEB 2021 HCBA LAWYER Inside Proof 3_Layout 1 1/6/21 11:06 AM Page 23

A ConversAtion with Judge suzAnne LAbrit Appellate Practice Section

court has been doing things this way forever. The biggest adjustment has been the volume and pace, the swing from putting out little fires everywhere in private practice to having one large, slowly burning fire to concentrate on. From having dozens of emails and phone calls before lunch to having a handful of emails a day, and a virtually Judge Labrit and her family at her swearing-in ceremony. silent phone. She suspected the email system was broken for her first few days on the court! Continued from page 22 In 2014, Judge Labrit finally took In her free time, Judge Labrit the plunge, following her husband’s enjoys cooking for her family, to McDermott, Will & Emery, advice that, “You will never get this reading contemporary fiction, and where she made partner. In 2003, job if you don’t apply.” So, she did. watching movies. When asked to she joined Shutts & Bowen, She was stunned by the JNC’s describe herself in three words, she accepting the position in large decision to nominate her, and picked two, and let me choose the part because of the opportunity to although others were chosen for third. “Perseverant. And it might build a dedicated appellate practice those seats, her early success in the be a little redundant,” she said, group. She once again made process gave her the confidence to “but I’m diligent.” I agree with partner, founding and co-chairing keep trying. And try she did — she those descriptors and add that she the firm’s appellate practice. didn’t stop until she made it, six is also quite humble. From what She met her future husband, years and six applications later. I have learned, she is also thorough, Tom Long, when they served as “The one surefire way to not strategic, and analytical, and she opposing counsel. At the time, Tom get the job is to not try,” Judge will make a wonderful addition to lived in Tampa while Judge Labrit Labrit told me. “Every time I the appellate was still in South Florida. After a applied, I became a better lawyer, bench. n few years of being an American and I made new friends, and that Airlines frequent flier, Shutts & made it worth it.” Author: Bowen added a Tampa office, When asked how the transition Torri D. and Judge Labrit made the move. is going — during a pandemic — Macarages - Although she grew up in South she praised the court and its staff, Brannock Florida, Judge Labrit thinks she explaining that although it has Humphries & belonged in Tampa her whole life. been unusual, it seems as if the Berman

Appellate Law Section CLE on october 14, hCbA’s Appellate section hosted a CLe webinar on “Practicing in a Pandemic.” the topics included a court operations update from Austin roe (second district of Appeal), Joe Eagleton Duane Daiker Austin Roe tips and tricks for video oral argument from duane daiker (shumaker, Loop & Kendrick, LLP), preserving the record via zoom by sarah Lahlou-Amine (banker Lopez gassler P.A.), and effective uses of technology by dineen wasylik (dPw Legal). thank you to Chance Lyman Sarah Lahlou-Amine Dineen Wasylik all our speakers for sharing their knowledge during this webinar!

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coLLaBorativedivorce-amatchforcovid-19 Collaborative law Section Chairs:CoryBrandfon–HarrisHunt&Derr,PA&ShannonGreen–WestbayCPAs

familylawattorneysand clientsseekingafaster, viablealternativetopandemic- postponedjusticemightconsider thecollaborativelawprocess.

s COVID–19 continues particular needs of the family), If you are unsure about the in a “second wave,” another advantage has revealed potential benefits of collaborative attorneys and divorcing itself since the start of the pandemic law for you or your clients, consider couples are in need of — the ability to resolve contested the impact on Florida courts from a safe and expeditious alternative matters, including unique parenting the pandemic-generated delays and toA the pandemic-driven delays and issues, remotely and on your own workload. As of June 2020, there restrictions of litigation. schedule. Collaborative telephonic were 10,342 more dissolution cases Effective August 31, 2020, the conferences and Zoom meetings alone pending statewide than Thirteenth Judicial Circuit have provided a protected but normal.1 It is anticipated there will transitioned from Phase 1 to Phase intimate platform well suited for be 104,904 more total family law 2, which limits in-person hearings resolving the emotional and cases pending statewide than to child support contempt hearings financial issues of divorce and normal by June 2021.2 and contested final hearings (and parenting issues. Despite the courts’ commitment even then, only if a remote hearing For those unfamiliar with to protecting liberties and resolving is inconsistent with a rule or law or collaborative divorce practice, the disputes while prioritizing the a participant lacks the technological Florida Legislature adopted the protection of public health, the means to conduct the hearing). With Collaborative Law Process Act court system would unquestionably that exception, all family law matters (§§ 61.55 – 61.58, Florida Statutes) benefit from counsel and clients continue to be conducted remotely. on July 1, 2017, formally recognizing choosing the collaborative divorce Although some attorneys and judges an alternative to litigation for family alternative to court resolution. n have transitioned to remote litigation matters in Florida. seamlessly, many find remote hearings Florida is widely regarded 1 Filing data and projections and depositions challenging, as an early and influential adopter provided by the Trial Court Budget especially those dependent on of collaborative law practice. Commission. “Normal” defined as exhibits or witness credibility. The legislature does not require pending as of June 30, 2019. Despite the judiciary doing formal training, but it is highly 2 Ibid. “Family law cases” defined everything in its power to advance recommended. Practice group as dissolutions, domestic violence, child pending cases, it is facing a historic membership is required for support/UIFSA, delinquency, backlog, resulting in lengthy delays admission to the FACP (Florida dependency, and other. for setting non-evidentiary and Academy of Collaborative evidentiary hearings. Family law Professionals), and many practice attorneys and clients seeking a faster, groups require training. Both viable alternative to pandemic- introductory and advanced training Author: postponed justice might consider options, and practice group meetings, Nancy Harris the collaborative law process. are being offered remotely during and Cory In addition to the known COVID–19, thereby creating a Brandfon hallmarks of collaborative divorce unique, convenient opportunity (shown above)- (control, efficiency, informality, for attorneys seeking to expand Harris Hunt privacy, and sensitivity to the their family law practices. & Derr, P.A

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Criminal Law Section Presents Bubba Huerta Award onoctober8,thecriminalLawSectionhostedahybridonlineandin-personeventto presentthe2020Bubbahuertaaward.thisawardispresentedtoanattorneywhoexhibits professionalpractice,dedicationtoprobonoservice,anddiligentworkinthepursuitof equaljustice.thisyear,itwasawardedtotheresaJean-PierrecoyofJean-PierrecoyP.a. congratulationsms.Jean-Pierrecoyforreceivingthiswell-deservedaward!

interested in writing an article for the lawyer magazine? Contact stacy williams at [email protected] for more information.

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Membership Speaker Series: The Power of Gratitude onnovember10,hcBahosteditsfreeQuarterlymembershipSpeakerSeries Luncheononthe“Powerofgratitude.”guestspeakermelanieS.griffin,esq.of Shumaker,Loop&kendrickdiscussedhowintentionalthankfulnesspositively impactsyourwell-being,practiceandcommunity.duringthisevent,hcBaalso providedmemberswiththeopportunitytohelpmetropolitanministriesassist thoseinneedduringtheholidayseason.aspecialthankyoutogriffin,who offeredwonderfuladvicefortheseasonofthanks!

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iS‘totheBeStofmyknoWLedge’goodenough? Construction law Section Chairs:DebbieCrockett-CheffyPassidomo,P.A.&KatherineHeckert,CarltonFields

Bewary;personalknowledge isnotenough.anaffidavit basedonunsupportedopinions andconclusionsoffactand lawwillbeinsufficient.

he year is 2021. The must be based on personal Post-Conviction Relief and has world has been turned knowledge, set forth facts personal knowledge of the facts on its head, but you are admissible in evidence, show that and matters therein set forth ready to move forward. the affiant is competent to testify and alleged; and that each and You submit your Rule 1.510(e) in the matters stated therein, and all of these facts and matters expertT affidavit in support of your include sworn or certified copies are true and correct. Opposition to Defendant’s Motion of documents referred therein. ______for Summary Judgment detailing Importantly, an affidavit must (your signature)4” facts in question and noting that be based on personal knowledge. the affiant’s testimony was made Affidavits not made on personal Be wary; personal knowledge “to the best of his knowledge.” knowledge mean that the affiant is not enough. An affidavit based You arrive (virtually or in person) is not competent to testify to on unsupported opinions and at the Motion for Summary the matters set forth therein.1 conclusions of fact and law will be Judgment hearing ready to explain Qualifying verifications using insufficient.5 Recently the Second your case but, to your surprise, the words “to the best of his/her District Court of Appeal held the judge refuses to consider the knowledge” are insufficient.2 that a corporate representative’s affidavit attached to your pleading. Further, affidavits based on affidavit was insufficient because This has become an all too familiar information and belief are it lacked details of the affiant’s scene poised to demolish your insufficient because it is not made title and specific corporate duties, defense. What did you do wrong on personal knowledge.3 You have the relevant skill sets or experiences and how can you be sure this never determined the error of your ways, that the affiant possessed to testify happens again? the simple acknowledgement that competently, and an acknowledge - Under Florida law, affidavits, the information provided was to ment of the affiant’s personal oaths, and acknowledgments the best of the expert’s knowledge knowledge of the testimony.6 administered by a notary public of was not enough. The moral of this tale is when the State of Florida are governed How can you be certain this you are relying on an affidavit to by section 92.50(1), Florida will not happen to you again? support or oppose a motion for Statutes. Section 92.50(1) requires A helpful example of verification summary judgment, you must the signature and official seal of based on personal knowledge be sure the affidavit is based on the officer or person taking or that was approved by the supreme personal knowledge, competency, administering the oath. However, court for filing motions for and admissible facts. n the notary’s signature and seal are post-conviction relief states that: properly placed on the expert “Before me, the undersigned 1 Elser v. Law Offices of James M. affidavit. You have passed this test. authority, this day personally Russ, P.A., 69 So. 2d 309, 312 (Fla. 5th Florida Rule of Civil Procedure appeared ______, who DCA 1996). 1.510(e) further provides first being duly sworn, says 2 See Scott v. State, 464 So. 2d 1171, requirements for supporting or that he is the Defendant in the 1172 (Fla. 1985) (holding that a motion opposing affidavits. Specifically, above-styled cause, that he has Rule 1.510(e) states that affidavits read the foregoing Motion for continuedonpage29

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Construction Law Section CLE onoctober15,hcBa’sconstructionLawSectionhostedacLewebinaronco-Primary defensecostcontributionunder624.1055.duringthiswebinar,thetopicsincludedascope ofsection624.1055,potentialdefensecostallocationmethods,andopenissues.aspecial continuedfrompage28 thankyoutoSteverawlsofthetheLawofficeofJeffreyzwirnforsharinghisknowledge

with the qualifying words “to the duringthiswebinar! best of his knowledge” is not under oath as contemplated by Fla. R. Crim P. 3.850); Mengore v. State 718 So. 2d 368 (Fla. 4th DCA 1998) (holding defective verification that stated “true and correct to the best of my knowledge”). 3 Elser v. Law Offices of James M. Russ, P.A., 69 So. 2d 309, 312 (Fla. 5th DCA 1996); Thompson v. Citizens Nat’l Bank of Leesburg, 433 So. 2d 32, 33 (Fla. 5th DCA 1983) (“An affidavit based on information and belief rather than personal knowledge is not admissible into evidence and should not be considered by the trial court on a motion for summary judgment.”). 4 Scott v. State, 464 So. 2d 1171, 1172 (Fla. 1985). 5 Rodriguez v. Avatar Prop. & Cas. Ins. Co., 290 So. 3d 560, 563-64 (Fla. 2nd DCA 2020). 6 Id. at 563.

Author: Melanie Senosiain - Shutts & Bowen LLP

Working from Home? Are you Short on CLE Credits? You can now order a selection of more than 60 previous CLEs in mp3 downloadable format from HCBA! Download the ﬁle and listen at your convenience in the comfort of your oﬃce or home. CLEs on CD also are still available for order if you prefer that format. For more information, visit www.hillsbar.com

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Unmasking the Courts: Meet the New Judges onoctober7,hcBahostedawebinarseriescLe togivememberstheopportunitytomeetthenew judgesforthethirteenthJudicialcircuitandthe Seconddistrictcourtofappeal.thepanelincluded: hon.SuzanneLabritandJohnStargeloftheSecond districtcourtofappeal,andhon.greggreen, Lindsayalvarez,Lyanngoudie,kellyayers,Wendy dePaul,helenedaniel,michaelBagge-hernandez,and JamesmoodyiiiofthethirteenthJudicialcircuit. thankyoutoallthenewjudgesforparticipating inthisvirtualwebinar!

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3StePStofoSterdiverSityandincLuSionintheageofcovid-19 Diversity & Inclusion Committee Chairs:ChristinaPotterBayern–MerlinLawGroup&AntinaMobley–PublicDefender’sOffice,13thJudicialCircuit

1. Expand the possibility for Our Diversity innovation as we of Thought turn another Readily, page of history. Openly, and Willingly. 2. Convey Personal Empathetic identity, culture, Understanding and experience of the shape — and Challenges may limit — Facing Our s we launch into the our perceptions. ascovid-19fatigue Colleagues. new year, a horizon Diversity of Our new of opportunities and thought is the setsin,donot socially-distanced obligations await. idea that there is becomecomplacent norm has Most promising is the hopeful more than one inthehumdrumofa extended to returnA of life to normal. However, way to effectively touch and until our slice of life in Tampa Bay accomplish a socially-distanced change every 1 returns to how it was pre-pandemic, goal. Greater legalpractice. aspect of the we continue to adapt to additional diversity legal industry. COVID-19 precautions, which correlates to From classrooms constitute our “new normal.” greater variation to courtrooms, Understandably, continued in perspectives every member precautionary alert leads to and solutions. Now more than ever, of the legal profession was, or COVID-19 Fatigue — the mental diversity of thought is needed to continues to be, in some form of complacency and restlessness that adeptly manage our more distanced isolation. In reflecting on our new develops in response to continued legal practice. There is no limit to normal, a colleague humorously social-distancing, ever-changing the number of people we can meet told me: “I never imagined entering precautionary measures, and and consult virtually about practices a bank with a mask on my face, unexpected COVID-19 outbreaks. they implement to continue asking for money, and not needing a As COVID-19 Fatigue sets in, executing excellent work-product lawyer to defend a robbery charge.” do not become complacent in that we as HCBA members are Broward Circuit Judge Dennis Bailey, the seeming humdrum of a known to generate, even amidst on behalf of 90 judges, in an open socially-distanced legal practice. COVID-19. Every person has letter reminded us that appearing Instead, seek to foster (1) diversity something to teach us and we virtually before the court while still of thought, (2) empathetic never stop learning. Generating under bedcovers is not an option. understanding of the challenging conversations that will diversify our As these experiences highlight, there circumstances facing our colleagues, thought process requires: (1) readily is some humor to be found in the and (3) general awareness of engaging in opportunities to network new normal we have adapted to pressing social issues. Doing so will and dialogue; (2) openly listening as in the wake of a global pandemic. allow us to grow as mentally diverse our colleagues express themselves; By the same token, however, many and socially inclusive individuals — and (3) a willingness to reciprocatively HCBA members continue to face leading to more skillful lawyering share our thoughts. Our efforts to an increasingly difficult work-life and a more enjoyable practice. expand our diversity of thought balance as they remain confined But how can we take steps to will actively demonstrate our grow together while apart? respect for each other and stimulate continuedonpage33

join tHe diveRsitY & inClusion CoMMittee At HillsBAR.CoM.

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3StePStofoSterdiverSityandincLuSionintheageofcovid-19 Diversity & Inclusion Committee

continuedfrompage32 According to WHO, COVID-19 Abraham Lincoln said, “In the is making history as the first end, it’s not the years in your life to home with significant others, pandemic in which technology that count. It’s the life in your children, and/or extended family. and social media are being used years.” May we all optimistically Although we are approaching the on a massive scale to keep people view this next year in our life as an one-year anniversary of required safe, informed, productive, and opportunity to grow together while social-distancing, there are still connected.3 Yet, “[a]t the same apart by taking these three steps to growing pains that may affect the time, the technology we rely on to foster diversity and inclusion within perceived efficiency of our colleagues. keep connected and informed is Tampa Bay and beyond. n Implementation of empathetic and enabling and amplifying an open dialogue about competing infodemic.”4 This, no doubt, can 1 https://digitalcommons.ilr.cornell. deadlines, communication contribute to COVID-19 Fatigue edu/cgi/viewcontent.cgi?article=1107& preferences, and other obligations and leave us suffering from news context=workingpapers (last visited leads to an inclusively healthier overload. However, awareness of Dec. 7, 2020). practice. As a result, we will have recent intrinsic and extrinsic 2 https://www.who.int/news/item/ time to appreciate the more sociopolitical factors shaping the 23-09-2020-managing-the-covid-19- humorous aspects of social distancing. legal landscape in Tampa Bay is infodemic-promoting-healthy-behaviours- imperative for us to and-mitigating-the-harm-from- 3. Develop a General Awareness comprehensively approach legal misinformation-and-disinformation of Pressing Social Issues. issues we face. Therefore, schedule (last visited In addition to the pandemic, a finite amount of time to sift Dec. 7, 2020). we are battling what researchers through the news in order to 3 Id. call an “infodemic.” The United understand the pressing social 4 Id. Nations World Health Organization issues within our community and (WHO) defines infodemic as the the impact it has. Such a Author: Alexis D. overabundance of information, regulated habit will leave you Deveaux – both online and offline — some feeling unexpectedly refreshed, Gunster, Yoakley of which may be misleading.2 rather than fatigued, in 2021. & Stewart

Welcome New HCBA Members October November 2020

Mary Katherine Bleckley Tiffany Hilton Pamela Cordova Papasov Patrick Sherman Brathwaite Joanne Joseph Patrick Perez Jeffrey Bristol Ronald H. Josepher R. Ryan Rivas Chelsea Buckholtz Paul Latvis Robert Sylvester, Jr. Paul M. Crochet Jessica Linney Carolay Vargas Daniel Howard Crowe Karen Mulroe Latoya Wiggins Shawnda R. Francis Luis E. Orengo, Jr. Michael A. Ziegler

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HCBA BENEFIT PROVIDERS

The following businesses have partnered with the HCBA to provide special discounts or oﬀers to our members.

IT PAYS TO BE A MEMBER! The Bank of Tampa Free Minaret Diamond Relationship Account HCBA members receive exclusive HCBA members qualify for a free Minaret Diamond account with The Bank of Tampa, with no minimum balance or monthly service fee. discounts and services through Benefits include checking accounts; free checks; no foreign ATM fees; our Benefit Providers. refund of surcharge fees charged by other bank ATMs of up to $25 To suggest a Benefit Provider, contact per month; no surcharge fees at any Publix Presto! ATM; and Personal Online Banking and Mobile Banking with free CheckFree WebPay. Stacy Williams at [email protected]. Contact Erin Hesbeens at (813) 872-1228, or call (813) 872-1200.

Ferman Automotive: Special HCBA Savings with Our Corporate Sales Partnership Program Ferman Automotive has partnered with HCBA to oﬀer their members LNS Solutions: Free Network Assessment participation in the Ferman Corporate Sales Partnership Program. LNS Solutions provides managed IT and security services, focused on HCBA members have access to special incentives for the purchase of the legal market. Managed services include end-to-end security, a company-owned vehicle or a personal use vehicle from Ferman 7X24 monitoring, and remote and on-site support. Automotive. In addition to special savings, Corporate Sales Partners HCBA members receive a free network assessment, enjoy premium oﬀerings like the Ferman Preferred Concierge. including an inventory, risk report, and network management plan. To learn more about the Corporate Sales Program, please contact Christa For more information, visit http://LNSSol.com or contact Wagner at [email protected] or 813-625-0220/833-224-7995. John Lorelle at [email protected] or 813-781-9106.

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IT PAYS TO BE A MEMBER!

BenefitProviderProgram The Hillsborough County Bar Association offers a Benefit Provider Program for vendors interested in presenting our approximately 3,600 members with discounts or special services, in exchange for valuable marketing and networking opportunities. BenefitProviderSreceive: • Vendor table outside three (3) quarterly membership luncheons (October, January and May) or three (3) e-newsletter monthly sidebar advertisements — $1,500 value • Three (3) quarter-page color display ads in Lawyer magazine — $1,035 value • One (1) affiliate membership with complimentary access to all full-membership events — $295 value • Sponsorship at either the Young Lawyers Division Golf Tournament in the fall, the Judicial Pig Roast/Food Festival and 5k River Run in the spring or other Bar Association event to be negotiated — $500 value • Special recognition in each issue of Lawyer magazine and on the HCBA website annualcosttobecomeaBenefitProvider:$2,000—valuereceived:$3,330

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continuedfrompage35

theyLdgoLf tournamentWaS agreatSucceSS!

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adayintheLifeofaPuBLicdefender Government lawyers Section Chairs:ChristianKatchuk-13thJudicialCircuitCourt&LyndseySiara-13thJudicialCircuitCourt

hands of six or is essential, and 12 strangers — since our office and me. is paperless, we We have an bring our laptops early docket, so everywhere. the jury will not By 4:00 p.m., be selected until I am back at mid-morning. the office, With seven cases requesting calendared, four discovery, clients dressed in thehoursarelong, returning phone t’s 6:30 a.m. and the coffee orange wave me buttheworkis calls, preparing is brewing as I jot down the over to the jury tomorrow’s rewarding,andi phone messages of clients, box, three others docket, and concerned family members, wait patiently in standproudknowing video and deposition witnesses from the gallery, and imakeadifference. conferencing Ilast night, before responding to there are two with my clients emails from my incarcerated witnesses present in jail. clients. It’s imperative to do this for a bond In 2019, early, because I never know what hearing. One there were the day will bring. client shares a list of defense 46,660 arrests in Hillsborough At 7:00 a.m., I meet my client witnesses, so I submit requests County, and the Law Office of anxiously pacing in the lobby — to have them interviewed by our Julianne Holt was appointed on today is his jury trial. We head investigators. Another has on-going over 41,000 cases. With roughly down to the “clothes closet,” a substance abuse issues, and I ask 120 attorneys representing clients wardrobe of trial attire for our our Social Services team to gather charged with crimes ranging from indigent clients. We find the perfect mitigation evidence and assess misdemeanors to capital homicides, outfit and head upstairs, one last viable treatment options. Overall, every day brings something new. time, to our mock courtroom. three clients resolve their cases and For those cases that are not trials, I bring clients here often to the rest are set for trial. we strive to utilize diversion familiarize them with this process. It’s 10:48 a.m. and we are ready programs and specialty courts to From the witness stand he answers for trial when the prosecutor ensure our clients are in the best my friendly-posed questions, his unexpectedly makes a new offer — position to succeed. The hours are direct examination dry run. My time served. As tears well up, my long, but the work is rewarding, and co-counsel however, won’t be so client declares, “but I’m innocent…” I stand proud nice, playing the role of prosecutor so we reject the offer and request a knowing I make with a pointed cross examination. jury panel. Moments later, the case a difference. n As 8:30 a.m. approaches, we’re is nolle prossed (dismissed), and off to the courthouse. I spend as my speechless client is free to go. Author: much time here as I do at my office My afternoon has opened up. Anna A. Ismer - or the jail. While trials are exciting Around 2:15 p.m., I watch my Office of the and gratifying for us, I know they colleagues in a homicide trial while Public Defender are incredibly stressful for our drafting a motion to suppress and for the Thirteenth clients, as their futures lie in the setting depositions. Multi-tasking Judicial Circuit

Government Attorneys Can join the HCBA for a Reduced Rate. Go to hillsbar.com to learn more!

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Chief Justice Charles Canady Chief Judge Nelly Khouzam Chief Judge Ronald Ficarrotta

Unmasking the Courts: Hail to the Chiefs onnovember16,hcBahostedaspecialunmaskingthe courtsWebinarcLe:hailtothechiefs!duringthiswebinar, thetopicsincludedcovid-19andthecourtsystem,thecurrent stateofthecourts,andtheuseoftechnologyinthecourts. aspecialthankyoutothepanelmembers:chiefJustice charlescanadyofthefloridaSupremecourt,chiefJudge nellykhouzamoftheSeconddistrictcourtofappeal,chief JudgeronaldficarrottaofthethirteenthJudicialcircuit court,andmoderatorsJudgeSamanthaWardandJudge thomasPalermoofthethirteenthJudicialcircuitcourt.

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OveRlaPPIng Issues In DIscRetIOnaRy DenIals Of IPR PetItIOns Intellectual Property Section Chairs: Elana Faniel - Greenway Law Firm, P.A. & Patrick Reid - Burr & Forman LLP

Overlapping of issues carries significant weight in instituting an IPR when a co-pending proceeding exists in a district court.

n Apple Inc. v. Fintiv, Inc., When that is the case, petitioners the PTAB found that all the factors the Patent Trial and Appeal need to understand which factors were the same, except Apple did Board (PTAB) denied should receive more focus in not promise to eliminate any of institution of Apple’s petition their respective arguments. Two the references and only challenged for Inter-Partes Review (IPR) and subsequent decisions illustrate that one additional claim.9 Because the Iset forth a test for whether to Fintiv factor four should be given petition used the same references institute an IPR when there is careful attention by the petitioner. against the same claim scope, factor co-pending litigation.1 The PTAB In Apple Inc. v. Maxwell, Ltd., four weighed against institution considered six factors: (1) whether the PTAB granted institution due and, the PTAB denied institution.10 a stay has been or is likely to be to a lack of overlap.3 Maxwell When an accused infringer granted; (2) the proximity of the sued Apple on multiple patents decides to file an IPR petition after trial date to the expected deadline and trial was set for October 2020.4 a litigation has begun, it is a good for a final written decision; The parties had also invested idea to assert different grounds (3) investment by the parties in significant resources in the against more or different patent the litigation; (4) degree of overlap litigation, evidenced by proceeding claims. That will increase the between the issues; (5) whether to a claim construction order.5 likelihood of institution. n the parties are the same; and Thus, several factors weighed (6) any other discretionary factors, against institution. However, Apple 1 IPR2020-00019, Paper 11 (PTAB including the merits of the petition.2 promised to withdraw the primary March 20, 2020) (precedential, Analyzing the factors, the PTAB reference used in the IPR petition designated May 5, 2020). noted that the co-pending case from the litigation if the IPR 2 Id. at 6. involved the same parties, the same were instituted.6 The petition 3 IPR 2020-00204, Paper 11 (PTAB prior art, and the same patent also challenged five additional June 19, 2020). claims. The PTAB also found that claims that were not at issue in 4 Id. at 13. the parties had invested significant the litigation.7 Because there 5 Id. at 14. resources, and the trial date was would be almost no overlap, the 6 Id. at 15. set before the final written decision PTAB panel instituted the IPR. 7 Id. deadline. Ultimately, no factors In a second Apple Inc. v. 8 IPR 2020-00203, Paper 12 (PTAB weighed in favor of institution. Maxwell, Ltd. petition, Apple July 6, 2020). While none of the factors challenged another patent involved 9 Id. at 12. weighed in favor of institution in in the litigation and the PTAB 10 Id. at 17. Fintiv, that is not likely to be the came to the opposite conclusion, norm. Instead, most cases are likely denying institution.8 Again, Fintiv Author: Patrick Reid - Burr & to have a split of the six factors. factor four was crucial. In this case, Forman LLP

Get Involved In a SectIon or commIttee! JoIn today In your member ProfIle at hIllSbar.com.

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Marital & Family Law Section CLE onoctober28,hcBa’smarital&family LawSectionhostedacLewebinar regarding“anaccountant’sPerspective onfinancialaffidavits&useofexperts.” thetopicsduringthiswebinarincluded: thebestpracticesforpreparingyour client’sfinancialaffidavit,tipsfor analyzingandscrutinizingtheopposing party’sfinancialaffidavit,andbest practicesandtipsforutilizingfinancial expertsinfamilylawcases.aspecial thankyoutoanthonyPhillipsofcBizfor sharinghisknowledgeonthesetopics!

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ahoLiSticmindSet:thehumanSideofemPLoymentLaW labor & Employment law Section Chairs:AmandaBiondolino-SassLawFirm&JasonPill-PhelpsDunbarLLP

Whatmaytherefore bemissingfromour analysis,istheimpact ourlegaladvicehason ourclient’sworkforce.

s lawyers, we pride ourselves on being over the long-term the advice may retention of diverse workers, such fierce advocates for cause the employer more harm than alternative working arrangements and stalwart protectors the original legal issue presented. are here to stay. of our clients. From day one of law At no time has this problem Applying the forgoing to our school,A we are trained to spot all been more exposed than during the legal duties to our clients, can potential issues involved in, and Coronavirus pandemic. For years employment lawyers representing mitigate against all potential prior, we helped employer clients businesses always craft a solution risks associated with, the set of draft and enforce policies that, that is a win-win for both the circumstances before us. Or are we? for example, guarded against an employer and the employee? As For employment lawyers who employee’s ability to work from much as we might wish that were primarily represent employers in home, provide childcare during the case, it is likely impossible. What disputes, what law school did not traditional working hours, or use we can do, however, is adopt a teach us, and what may therefore additional PTO when faced with holistic employer-employee mindset be missing from our analysis, is the circumstances completely out of moving forward. The next time a impact our legal advice has on our their control. Cue a worldwide business client approaches you with client’s workforce: the humans who pandemic, however, and almost a problem, challenge yourself to are breadwinners, single parents, instantly, such policies were think beyond the legal issues that financial supporters of aging obsolete. Out of necessity, and are implicated to also consider parents, newly minted graduates, practically instantaneously, the broader business and human- first-time homeowners, and more, employers permitted employees to interest challenges at stake. Not only whose lives are significantly work in the alternative ways that is such an approach worthy of your impacted by the guidance we for years, we helped them fervently consideration from a humanistic render to our clients in any given guard against. Moreover, not only standpoint, it has positive business situation. Such an oversight has the are such policies obsolete for the implications for the long-term potential to negatively impact our pendency of the instant health health of the employer that will business client as significantly, if crisis, after the end of the allow you to not more significantly, than the pandemic, many companies have best serve your legal issue about which we were determined that such policies will client for years originally approached. Even if our not be reinstituted. Rather, given to come. n legal opinion is technically correct, the benefits of flexible work if it is given in a vacuum that fails policies, such as decreased time Author: Melanie to consider how the advice impacts commuting, increased time with S. Griffin – the client’s culture, employee family and other loved ones, Shumaker, Loop productivity and morale, workforce enhanced personal well-being, & Kendrick, turnover, and related factors, then and improved recruitment and LLP

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Membership Speaker Series: The Intersection of Ethics and Technology onoctober20,aspartofitsfree monthlymembershipSpeakerSeries, hcBahostedguestspeakergaryS. Lesser,managingpartnerofLesser, Lesser,Landy&Smith,PLLc,onthe veryrelevantandtimelysubjectsof ethicsandtechnology.thankto mr.Lesserforgivingsomehelpful tipsandadviceatthiswebinar!

to submit news for Around the Association or jury trial information, please email [email protected].

for more HCBA news, go to www.facebook.com/HCBAtampabay.

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thetrendingreSurgenceofdomeSticPartnerShiPS Marital & Family law Section Chair:RachaelL.Rudin–FamilyFirstLawGroup,PLC

domesticpartnershipsare notcurrentlyrecognized bythefederalgovernment ortheStateofflorida; theyareonlyrecognizedat thelocalmunicipallevel.

fter Florida began One reason for the trend: the registry”2 for unmarried couples issuing marriage COVID-19 pandemic, which has to be designated as a “domestic licenses to same-sex raised legal concerns for unmarried partnership.” The designation couples in 2015, couples who are not afforded the grants partners certain legal rights the continued legal significance same rights as married spouses in to make important medical and ofA domestic partnerships appeared the event of a health care crisis. health care decisions for their unclear. Recently, domestic Several jurisdictions in Florida, partners within the jurisdiction partnerships have had a resurgence including Hillsborough County and of the registry. of interest among unmarried the City of Tampa, have local laws, partners in Hillsborough County.1 creating a “domestic partnership continuedonpage51

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thetrendingreSurgenceofdomeSticPartnerShiPS Marital & Family law Section

continuedfrompage50 county where there is no domestic partnership registry, the rights For a small fee and a trip to the conferred on the couple in courthouse, qualified unmarried Hillsborough County would be couples3 can register with local unenforceable in the other county. municipalities as domestic partners, Whether triggered by the affording them legal visitation COVID-19 pandemic, or a more rights to health care facilities, access general trend among unmarried to medical information, and the persons, the legal designation of a ability to make decisions about a domestic partnership is regaining partner’s health care, funeral, and interest for those who want to burial.4 This designation has no secure limited, but important bearing on taxes, public benefits, medical and healthcare rights for or inheritance rights; it cannot themselves and their partners. n compare to the robust legal rights and benefits offered by marriage, 1 Data for number of annual and there are several limitations domestic partnership registrations to the protections provided by a provided by the Hillsborough County domestic partnership. Clerk of Court. Domestic partnerships are not 2 See, e.g., Chapter 12, Article V, currently recognized by the federal Sec. 12-120-12-127 of the City of government or the State of Florida; Tampa Code (2020), for City of they are only recognized at the Tampa’s domestic partnership registry. local municipal level. Florida law 3 See, e.g., Chapter 12, Article V, does not require local governments Sec. 12-121(b) of the City of Tampa to create domestic partnership Code (2020), for the eligibility registries or recognize the requirements for the domestic designation from another local partnership registry in the City government. In other words, of Tampa. unmarried couples in Florida are 4 Some registries also give unable to register a domestic domestic partners correctional facility partnership in one municipality visitation rights and the same rights in Florida and have those same as legal parents to participate in the rights afforded to them elsewhere education of in the State. The enforceability a child of the of a partner’s legal rights during registered a health care crisis depends on partnership. whether the jurisdiction in which it occurs recognizes domestic Author: partnerships. For example, if Lexie Revord domestic partners registered in Larkin - Hillsborough County have a Larkin Law medical emergency in another LLC, P.A.

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hardknockS: LeSSonSLearnedfromthetrencheSofzoommediation Mediation & Arbitration Section Chair:HaroldOehler–OehlerMediation

ifyourclientisnewto zoom,schedulea pre-mediationzoomcall withthemediatorto familiarizeyourclient withthetechnology.

ard Knocks is a television documentary mediator should enable the This can often satisfy a party’s about the tough “Waiting Room” feature, disable need to have their “day in court.” lessons learned in NFL the “Join Before Host” setting Dressing respectfully helps build training camp. As Zoom mediations and provide a password with the trust and creates an atmosphere Hhave become more prevalent, invitation. The mediator should of mutual respect and cooperation. mediators and mediation attendees also disable the recording function Position the camera at eye level have been through their own and activate the “Screen Sharing” and sit close enough to it to create version of hard knocks, and have feature so the parties may share minimal headroom on the screen. learned significant lessons which documents. A “ring light” or natural light provide a winning game plan when A football team’s playbook is facing the speaker is far better than using this technology. an essential part of pregame an overhead light. Be aware that Success on the football field preparation. Likewise, the light coming from behind the requires coordination of offense, mediation summary is an essential speaker creates a silhouette. A defense and special teams. tool to educate the mediator. desktop microphone or lavalier Similarly, a successful Zoom Counsel should scan all important mike is preferable to a headset mediation requires coordination documents into a separate file in which can be distracting. Use a of counsel, the client and the .pdf format for easy screen sharing. plain or tastefully decorated wall mediator. Counsel must ensure that Notifications on counsel’s computer as your background. the client has the equipment and should be disabled during the The mediator should instruct know-how to effectively participate. mediation to avoid pop-ups while the parties not to record the If the client attends from a separate screen sharing. Preparing a draft mediation or allow anyone to listen location, a computer with an settlement agreement in advance off camera. The parties should Ethernet hardwire connection will expedite documentation of the be advised that the court may provides a better viewing agreement. Settlement documents issue sanctions for breaching experience, and a more stable may be executed without charge confidentiality. Exchange phone connection, than a cell phone. on Docusign’s platform at: numbers with the mediator so If Wi-Fi is utilized, limit other www.docusign.com/esignature/ the mediation may continue if a Wi-Fi use on the network to avoid sign-documents-free/. connection is lost. Since rapport compromising bandwidth. The NFL strictly regulates is harder to establish on Zoom, it Just as a football team holds a uniforms to promote a professional is especially important to present pre-game walk-through, if your appearance. Similarly, both counsel opening statements respectfully. client is new to Zoom, schedule a and client should dress for a Zoom Following this game plan will pre-mediation Zoom call with the mediation as they would for court. result in a more secure and effective mediator to familiarize your client There is a cathartic effect during Zoom mediation that will maximize with the technology. Educate the mediation when a party vents their your chances for success. n mediator about the issues and frustration to someone in authority review the Zoom settings to be on the opposing side who Author: Harold Oehler – Oehler used. For security purposes, the respectfully listens to their story. Mediation

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Do You HAve “TRusT” Issues WHen IT Comes To Guns? Military & Veterans Affairs Committee Chairs: Matthew F. Hall – Hill Ward Henderson PA & Alexandra Srsic – Bay Area Legal Services

when a gun which fall under owner becomes the National incapacitated or Firearms Act. dies. But therein There is very lies the rub. It little privacy in has been my that type of trust experience that due to the fact many gun owners it only holds wish to keep their regulated items. inventory as As one can private as possible A Gun Trust is a imagine, not un ownership has and have not purpose-driven every firearm steadily grown over the considered the or accessory Revocable Living Trust last quarter century possibility of is subject to and is presently at an their family designed specifically the National all-time high. Many factors impact being at risk for for regulated and Firearms Act Gthis upward trend such as the unknowingly and that drives increasing population, changes in committing non-regulated the need to have federal, state, and local gun control accidental felonies firearms and a trust vehicle laws that make gun ownership a by transferring or capable of simpler process, and concern that selling certain accessories. accommodating the future of access to firearms firearms and several potential and accessories will be impacted accessories. This is scenarios. by political climate change. where Gun Trusts Ownership Recently, it was estimated over enter the picture. A Gun Trust is of even one single firearm is an 300 million firearms were owned a purpose-driven Revocable Living inherent risk within the legal in the United States alone. In the Trust designed specifically for system. Understanding this risk weeks leading up to the COVID-19 regulated and non-regulated and realizing there are ways to pandemic shutdown early last year, firearms and accessories. Not only safely navigate this legal minefield not only was there a mad rush to does it provide the level of privacy does not necessarily equal advocacy buy toilet paper and hand sanitizer, desired by the owner within the for gun rights and ownership. But but many folks also scrambled to limits of the law, of course, but a for those who do own firearms, stock up on guns and ammunition. comprehensive Gun Trust typically education is key to ensure that To say there was a spike in the also contains clear and specific they do not ownership numbers would be instructions on the transfer and sale inadvertently a gross understatement. of Gun Trust property. This can burden loved Notwithstanding, it is safe to say, certainly go a long way in making ones with legal as of today, no one really knows sure loved ones are protected and troubles down how many firearms are out there. abiding by the law while carrying the road. n Why is this so important? out the wishes of the gun owner. As public interest in gun The most common type of Author: Angela ownership grows, so will the need Gun Trust is narrowly designed to M. Tormey - to properly plan for what happens hold only firearms and accessories Ally Legal, P.A.

Are you looking for a new job or advertising an opening at your ﬁrm? Check out our Career Center at hillsbar.com.

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“They Were Soldiers Once” Tribute On November 9 as part of its Veteran’s Day recognitions, HCBA’s Military & Veterans Affairs Committee hosted a salute to the military veterans in the Tampa legal community. Light hors d’oeuvres and cocktails were offered as our attendees celebrated our military veteran community and learned more about our members who are veterans. A special thank you to the Military & Veterans Affairs Committee for coordinating this event, and to Hill Ward Henderson for being a proud sponsor!

They were soldiers once A Salute to Our Military Veterans in the Tampa Legal Community

HillsborougH County bar assoCiation

Presenting Sponsor

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thirteenthJudiciaLcircuitProfeSSionaLiSmaWardS Professionalism & Ethics Committee Chairs:JoanBoles–BayAreaLegalServices&SheltonBridges–BridgesLawGroup,PLLC

Pastandfutureaward recipientsserveasrole models,astheymotivate andinspireustostrive forexcellencein theprofession.

ince 1989 and in response to a report created by a Florida Bar task force Bar, primarily practicing within review and screen all applicants which indicated a steep the Thirteenth Judicial Circuit and solicit comments from the decline in professionalism among for at least 15 years. Members legal community. The subcommittee Slawyers, The Florida Bar and of the judiciary are not eligible meets and votes to select the The Florida Supreme Court for nomination. two recipients, who are typically have worked diligently to ensure Past recipients of the Award announced at the annual HCBA “the practice of law remains a include Christopher Moody, Jay Bench Bar Luncheon. However, high calling with lawyers invested Pruner, David Rowland, John due to COVID-19, and as of the not only in the service of individual Schifino, Donald Stichter, Jennie time this article is written, a date clients but also service to the Granahan Tarr, Joseph Varner, and manner for the 2020 public.” Thirteenth Judicial Circuit Deborah Werner, and Rob Professionalism Awards presentation Administrative Order S-2019-003. Williams. These individuals were ceremony is yet to be determined. To that end, at the local level, the identified by their peers and How can you get involved? Thirteenth Judicial Circuit created members of the judiciary as If you know an attorney who the Professionalism Committee having earned the highest of exemplifies the ideals of to initiate and coordinate respect for their commitment to professionalism, whether in private professionalism activities in professionalism, whether at work or government practice, please Hillsborough County. Such or in everyday life. submit an application nominating activities include accepting How is an Award recipient him or her for the Professionalism nominations for the Professionalism selected? Anyone who knows of Award.1 The value of recognizing Award, which was established a deserving candidate completes deserving individuals cannot be to recognize attorneys who and submits a nomination form. understated. Past and future Award consistently demonstrate honesty, Persons making nominations must recipients serve as role models, as integrity, fairness, courtesy, and include a description of how the they motivate and inspire us to an abiding sense of responsibility nominee consistently demonstrates strive for excellence in profession. n to comply with the standards the ideals of professionalism and rules of professionalism in within and outside his or her role 1 Specific information about where the practice of law. as an attorney. The applicant must to obtain Each year, the Thirteenth also describe any extraordinary nomination forms Judicial Circuit presents two or notable acts of professionalism and deadlines is Professionalism Awards to demonstrated by the nominee forthcoming. qualified attorneys, one who and list three references who are currently is in private practice, members of The Florida Bar. Author: and the other who is currently A subcommittee, comprised Honorable in government practice. To be of attorneys from diverse Cynthia S. Oster eligible, nominees for the Award backgrounds and practice areas as – Thirteenth must be a member of The Florida well as members of the judiciary, Judicial Circuit

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evictionmoratoriumS–WhatWedoanddonotknoW Real Property, Probate & Trust law Section Chairs:KaseyFeltner-Shutts&Bowen,LLP&ElaineMcGinnis-LawOfficeofElaineMcGinnis,P.A.

thesemoratoriumshavenot beenappliedinauniform manner,resultinginmass confusionastothe enforceabilityand implementationofsuchactions.

t should go without saying that within the last nine moratoriums have not been current state of Florida’s implemen - months we have seen an applied in a uniform manner, tation of eviction moratoriums; unprecedented amount of resulting in mass confusion as to the and (4) recommendations on governmental actions to combat the enforceability and implementation advising clients on eviction Ieffects of COVID-19. One such of such actions. This brief article moratorium issues. action seen across the United States will attempt to delineate: (1) the On April 2, 2020, Florida are the eviction “moratoriums” state of Florida’s implementation Governor Ron DeSantis issued implemented by both federal and of eviction moratoriums; (2) the Executive Order 20-941 (the state governments. Unfortunately federal government’s implementation (probably unsurprisingly), these of eviction moratoriums; (3) the continuedonpage59

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evictionmoratoriumS–WhatWedoanddonotknoW Real Property, Probate & Trust law Section

continuedfrompage58 the state.”3 Accordingly, the 2020 at 12:01 a.m. Subsequent Moratorium Order, under the to the Governor’s last Executive “Moratorium Order”). In the Governor’s powers pursuant to Order extending the Moratorium Moratorium Order, Governor Article IV, Section (1)(a) of the Order, on September 4, 2020, DeSantis references the federal Florida Constitution and Chapter the Center for Disease Control government’s implementation of 252, Florida Statutes, “suspend[ed] released its own federal agency orders to suspend foreclosures and toll[ed] any statute providing order implementing an eviction and evictions through the Federal for an eviction cause of action under moratorium that remains in effect Housing Finance Agency and Florida law solely as it relates to until December 31, 2020 (the Federal Housing Administration, non-payment of rent by residential “CDC Order”).5 Accordingly, and that COVID-19 “impacted tenants due to the COVID-19 on October 1, 2020, Governor the ability of many Floridians emergency for 45 days from the DeSantis, citing the CDC Order, with residential tenancies to make date of ” the Moratorium Order.4 allowed the Moratorium Order their rent payments;” and that As the pandemic continued to to lapse and found that the CDC as a result, “temporary relief affect the health and well-being of Order controlled.6 to Floridians with residential the United States, and the rest of Similar to the Moratorium Order, tenancies [was] in the best interest the world, the Moratorium Order the CDC Order temporarily halts of the state.”2 More specifically, was extended by Governor DeSantis residential evictions to prevent the the Governor found that five times (see Executive Orders further spread of COVID-19.”7 “providing targeted, temporary 2020-121, 2020-137, 2020-159, The CDC Order applies to any relief to Floridians with residential 2020-180, and 2020-211) with a tenancies is in the best interest of final expiration date of October 1, continuedonpage60

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evictionmoratoriumS–WhatWedoanddonotknoW Real Property, Probate & Trust law Section

continuedfrompage59 rent; (2) the tenant meets certain office in the county at issue economical earning and tax has agreed to enforce writs of “landlord, owner of a residential reporting standards; (3) the renter possessions. n property, or other person [which is unable to pay rent from loss of shall include corporations, work; (4) the renter will make all 1 Fla. Exec. Order No. 2020-94 companies, associations, firms, best efforts to make partial rent (Apr. 2, 2020), available at https:// partnerships, societies, and joint payments when possible; and www.flgov.com/wp-content/uploads/ stock companies] with a legal right (5) eviction would likely lead to orders/2020/EO_20-94.pdf. to pursue eviction or possessory the tenant becoming homeless.10 2 Id. (emphasis added). action.”8 Therefore, the CDC Order does 3 Id. (emphasis added). While the CDC Order and not preclude a landlord from 4 Id. (emphasis added). Moratorium Order have very beginning eviction proceedings 5 Temporary Halt in Residential similar mandates, they differ in for the non-payment of rent; Evictions To Prevent the Further application. Mainly, the CDC rather, it states that the landlord Spread of COVID-19, 85 FR 55, 292 Order makes clear that “[n]othing (or equivalent) may not “evict” (Sept 4, 2020). in [the CDC] Order precludes the tenant(s) for the non-payment 6 Caroline Glenn, DeSantis lets evictions based on a tenant, of rent after the tenant(s) have eviction moratorium expire, saying it’s no lessee, or resident: (1) Engaging supplied the landlord with the longer needed after CDC issued freeze, in criminal activity while on the sworn CDC Declaration. Orlando Sentinel (Sept. 30, 2020), premises; (2) threatening the health Lastly, it is extremely important https://www.orlandosentinel.com/ or safety of other residents; (3) to note that the application of the business/os-ne-florida-eviction-order- damaging or posing an immediate Moratorium Order and CDC expires-20200930- and significant risk of damage Order is not uniform across the h5qwtxo7qzb5tj4tae3vbzslze-story.html. to property; (4) violating any state of Florida. Rather, it is in the 7 Id. (emphasis added). applicable building code, health best interest of counsel to gather 8 Id. ordinance, or similar regulation the following information before 9 Id. (noting that “[n]othing in [the relating to health and safety; or advising their clients in connection CDC] Order precludes the charging or (5) violating any other contractual with any eviction related claims collecting of fees, penalties, or interest obligation, other than the timely or issues: (1) whether the CDC as a result of the failure to pay rent or payment of rent or similar Order is in effect at the time of other housing payment on a timely housing-related payment (including the issue/claim arose and, if so, basis, under the terms of any non-payment or late payment have there been any new Executive applicable contract”). of fees, penalties, or interest).”9 Orders issued by the Governor 10 Id. The Declaration form for the Moreover, in order for a tenant that impact same; (2) whether the CDC Order can be found at https:// to invoke the CDC Order for the Florida Supreme Court has issued www.cdc.gov/coronavirus/2019-ncov/ non-payment of rent, any and all any new guidance on evictions downloads/declaration-form.pdf. tenants or renters of the subject and foreclosures;11 (3) whether 11 See Fla. Supreme Ct. Admin. premises must submit a sworn the Circuit Court of the applicable Order AOSC20-23 (May 4, 2020), declaration which states in part county issued any guidance amended Oct. 2, 2020. that: (1) the tenant(s) have used concerning evictions and all available efforts to obtain moratoriums; and (4) whether the Author: Kasey A. Feltner – Shutts government assistance to pay County Clerk and/or the sheriff’s & Bowen

interested in writing an article for the lawyer magazine? Contact stacy williams at [email protected] for more information.

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theBenefitSofhiringfromtheyoungeStgeneration Solo & Small Firm Section Chair:MatthewCrist–CristLegal|PA&Gian-FrancoMelendez,LawOfficeofGian-FrancoMelendez,LLC

don'tbescared ofhiringa generationz worker.

ntitled. Lazy. Apathetic. that these generations are lazy. profession as pro bono work and These are some of the They simply know how to find giving back to the community are words that I frequently information faster and smarter both hallmarks of our discipline. hear used to describe because they were raised with a Fourth, they may be able to help members of the youngest technological savvy. This is good you learn new technology and Egeneration in the workforce. These news for law firms because these social media marketing. When the are all negative stereotypes that individuals may be able to navigate COVID-19 pandemic hit in 2020, in some cases are not accurate. online legal databases in a more many people were scrambling to This article will introduce you to efficient and creative manner than learn software like Zoom. This Generation Z and highlight the older generations who were not generation grew up video chatting benefits of hiring from this new trained on computer research. and adapted rather quickly to the group of potential employees. Second, Generation Z is set technology that we have all since In general, scholars identify to be the most diverse generation become reliant on. Also, they may common characteristics or to date. With diversity comes be aware of new avenues for you traits held by members of these an ability to think of innovative to market your services since they generations. Keeping in mind solutions to problems. Hiring know more about social media than that not every individual possesses someone from this generation any other generation. these characteristics, it is important may be beneficial as they likely In sum, do not be fearful of hiring to point out how the youngest may be able to view legal issues someone from a younger generation. generation is different than those and problems with a new lens. As Be patient and be aware that not that came before. a result of the times they grew up every generation communicates in To begin, both Generations Z in, they view the world differently. the same manner. However, if you and Y are typically labeled as lazy. Therefore, they can provide a give them tasks that allow them to However, both grew up in an era different perspective if you let them. be creative, you where every home had a computer Third, the younger generations may find an and a smart phone. The days of care more about social issues efficient and walking across a college campus to than previous generations. If you creative a library, using a card catalog, and look around the media today, employee. n flipping through a book to get you will see representatives from information is over. Nowadays, a Generation Z leading the way Author: Kristen person can have information at his with regard to environmental A. Foltz, Esq. – or her fingertips within seconds. issues and many social causes. The University Therefore, I challenge the notion This bodes well for the legal of Tampa

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aneWWaytonotarizeinacovid-19WorLd Technology Section Chairs:MikeHooker-PhelpsDunbar,LLP&RyanMcGee-Morgan&Morgan,PA

Withtheriseincivil lawsuitsfiledover covid-19,offeringremote notarizationservices toclientswillsoonbe thenewnormal.

he 2020 Coronavirus crisis will be remembered as one of the worst 409 into law. This law authorizes include: holding a current notary pandemics in our the use of Remote Online commission, completing an nation’s history. The Centers Notarizations (RON) effective educational course, obtaining a forT Disease Control and Prevention January 1, 2020, giving individuals $25,000 notary bond and an errors (CDC) warns that while transmission the option to have their legal and omissions policy of at least is primarily by person-to-person documents notarized virtually. $25,000, and partnering with a contact, the virus can be also Before January 1, 2020, traditional third-party service provider that caught by touching a surface notarial acts required a person has a signer-credential-verification that has the virus on it, and then whose signature needed to be feature. Many law firms offer their touching one’s mouth, nose, or notarized, known as the principal, support staff the opportunity to eyes.1 Therefore, touch-free to physically appear before a obtain a traditional notary public transactions are no longer just notary public. Florida Statute commission, so that clients are encouraged; they have become §117.209(2) now permits the able to have their authorizations the norm to prevent the deadly principal to “appear before the or verifications conveniently virus from spreading. online notary by means of audio- notarized in-house. However, due In June 2019, in a prophetic video communication technology.” to the current state of affairs and manner, Governor Ron DeSantis The standards required to signed Florida Senate House Bill become a Remote Online Notary continuedonpage63

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aneWWaytonotarizeinacovid-19WorLd Technology Section

continuedfrompage62 staff with an additional value 1 CDC, How COVID-19 Spread, proposition while furthering their Updated Oct. 28, 2020, the procedures in place to prevent careers in an ever-increasing https://www.cdc.gov/coronavirus/ unnecessary exposure to the virus, competitive job market. Similar to 2019-ncov/prevent-getting-sick/ face-to-face contact between clients the implementation of e-filing of how-covid- and staff is reduced to a minimum. court records in 2009, Florida is spreads.html, RON procedures fall in line with once again a trailblazer in adopting (last visited the CDC’s advice that “the best way technological advancements by Dec. 7, 2020). to prevent illness is to avoid being recognizing the validity of remote 2 Id. exposed to the virus.”2 Although online notarization. With the rise in inconvenient, the RON option gives civil lawsuits filed over COVID-19, Author: Chris law firms an opportunity to increase offering remote notarization Rapozo – their credibility as advocates to services to clients will soon be the Wilkes & those they serve and provides legal new normal. n McHugh, P.A.

Historical HCBA Photos Wanted HCBA is celebrating its 125th Anniversary in 2021! aspartofourcelebration,wewouldliketoincludephotosordocumentsshowcasinghcBaovertheyears insidethemagazineandonthecover.ifyou,yourfamilyoryourfirmhavephotosfromhcBa’searlyyears orhistoricaleventsthroughouttheyears,wewouldlovetoincludethem.hcBamemberstomelligett andgeorgehowell,ourlocalhistoryexperts,arecoordinatingthisexcitingproject. Wewouldpreferphotos/documentsbescannedatashighresolutionaspossibleandemailed to us,soyoucanretaintheoriginals.ortheycanbemailedtohcBa,ifyouprefernottoscan them ordon’thavethetechnologytoscanthem.hcBastaffwillscanandreturnyouroriginals. Photos/documentscan beemailedtotomelligett: [email protected] and georgehowellat: [email protected], ortheycanbemailedto: hcBa,chesterfergusonLaw center,1610n.tampaSt., tampa,fL33602.tomand georgecanalsobecontacted withanyquestions.

Thanks for helping us celebrate our 125th Anniversary!

JAN - FEB 2021 | HCBA LAWYER 6 3 JAN-FEB 2021 HCBA lAWYER Inside Proof 3_layout 1 1/6/21 10:04 AM Page 64

PracticaLtiPSforzoomingintothecourtroom Trial & litigation Section Chair:ChadMoore,Morgan&Morgan,PA

oneofthebestfeatures ofzoomisthe“Waiting room”feature.thisfeature allowsyoutoprevent guestsfromjoiningthe meetinguntilyouareready toreceivethem.

ue to local and state restrictions related to the COVID-19 Chief Executive Officer and increased security. For this reason, pandemic, web Zoom Founder Eric Yuan has if you plan to use screen-sharing conferencing platform Zoom has acknowledged that Zoom, at times, in your hearing, you will have the Dbecome the only way for trial has fallen short of meeting request the judge to click the “Who attorneys to continue face-to-face consumer’s expectations for privacy can share?” and permit your access interactions before Florida’s in its platform. To address these during the hearing. judiciary. The surge in Zoom’s use concerns, Yuan hired Facebook’s has caused some to scrutinize it for Chief Security Officer Alex Stamos Manage Participants its privacy concerns. Specifically, to serve as an executive security The second rule of Zoom privacy “Zoom-bombing” or the hacking consultant for Zoom. In addition is to only allow signed-in users to of virtual meetings has become to creating a security team, Yuan join. When you lock a meeting, no an issue for some Zoom users. provides regular blog posts for Zoom new participants can join, even if Hillsborough Circuit Court users.1 The following practical guide they have the meeting ID and Judge Christopher Nash provides tips for keeping your Zoom password. In the meeting, click experienced Zoom’s susceptibility meeting private in this new digital “Participants” at the bottom of your firsthand when one of his virtual era. These tips may also help you Zoom window. In the “Participants” bond hearings was flooded with understand the different features pop-up, click the button that says pornographic and lewd images. that the judiciary employ in their “Lock Meeting.” Judge Nash temporarily halted Zoom hearings and meetings. the hearing until the issue could Use the Waiting Room Feature be resolved. “Zoom-Bombings” Zoom Tips: One of the best features of Zoom are not limited to lewd content Manage Screen Sharing is the “Waiting Room” feature. This appearing on the screen. These The first rule to ensure Zoom feature allows you to prevent guests interruptions can also include privacy is to make sure that you from joining the meeting until you someone listening into the video do not give up control of your are ready to receive them. Many conference or attending the screen. To prevent participants judges utilize the “Waiting Room” meeting without permission. from screen-sharing, click the feature to place attorneys on hold Sometimes hackers are even able arrow next to screen share and until they want the hearing to begin. to take control of the screen-share then click “Advance Sharing and effectively direct the meeting. Options.” Under “Who can Use Passwords To shut down these hackers, share?” choose “Only Host” and Password protection is important individuals often have to end the close the window. Most judges in Zoom meeting. Florida limit screen sharing to add continuedonpage65

join the technology section today at hillsbar.com.

6 4 JAN - FEB 2021 | HCBA LAWYER JAN-FEB 2021 HCBA LAWYER Inside Proof 3_Layout 1 1/6/21 10:36 AM Page 65

PRacTical TiPs foR ZooMing inTo The couRTRooM Trial & Litigation Section

continued from page 64 Zoom Responsibly 1 Zoom tips blog post: https:// By following the above tips, blog.zoom.us/ to ensure privacy for meetings. you can help your meetings stay keep-uninvited- Almost all judges have their own private and secure from uninvited guests-out-of-your- passwords for their Zoom rooms. guests. Because it is inevitable zoom-event/ Even if you do not have a that technological issues will arise, computer, most Zoom meetings please respect that the judges Author: Lauren also provide a call-in number are working hard to efficiently Humphries - where you can access the hearing navigate this new era of virtual Buchanan Ingersoll via telephone. hearings. n & Rooney, PC

Judge Caroline Tesche Arkin Mike Hooker Victoria Gomez, Court Rep.

Chad Moore

Kristin Norse Susan D’Loreto Vivian Hodz

Trial & Litigation Section & Technology Section CLE on october 26, hcBa’s Trial and litigation section & Technology section held a joint cle webinar on the topic “Making a clear Record & other evidentiary challenges,” with a special panel of representatives from the court and practitioners, moderated by Kristin norse of Kynes Markman & felman Pa. The panel Thank you also to Milestone Reporting included Judge caroline Tesche arkin for sponsoring this event! of the Thirteenth Judicial circuit, susan D’lorento of the hillsborough county clerk of court & comptroller, and Vivian hodz of cortes hodz family law & Mediation, P.a. We appreciate the panelists’ time and expertise.

JAN - FEB 2021 | HCBA LAWYER 6 5 JAN-FEB 2021 HCBA lAWYER Inside Proof 3_layout 1 1/6/21 10:04 AM Page 66

immunity,maJorcontriButingcauSeandimeevidence Workers’ Compensation Section Chair:AnthonyCortese–AnthonyV.Cortese,AttorneyatLaw

sought covered ignored solely treatment. because the Sanchez had IME doctor a prior injury is not an at work, which authorized, was alleged treating doctor. to be a Another pre-existing major condition. development There was no that occurred evidence of amajordevelopmentin in litigation hree major Florida an intervening over Longshore litigationoverLongshore workers’ compensation incident or and Defense appellate decisions were unrelated anddefenseBaseact Base Act cases recently announced, condition casesisthecreationofa is the creation one on workers compensation offered or of a website immunity,T one on the major even alleged. websiteforfilingclaims for filing claims contributing cause rule, and one The First andpaperworkand and paperwork on IME evidence. This article will District and reviewing briefly review all three and provide reversed and reviewingthedocket the docket for contact information for the new remanded, forcasesbeforethe cases before OALJ e-filing site. holding that the Office of officeofadministrative In TECO v Ganser,1 the owner the Sanchez Administrative of a power plant contracted is not required LawJudges. Law Judges with outside entities to perform to prove (OALJ), which maintenance and repair work at that the handles formal the power plant. In response work injury proceedings to negligence claims filed by is a major for those cases. employees of these outside entities contributing cause of the overall The site is efile.dol.gov. It is long who were injured at the power medical condition in a case where overdue, and more complex than plant while performing the work, the pre-existing condition is a work our state system, but it is now TECO asserted that it was entitled injury and there is no evidence of open and available to practitioners. to workers compensation immunity an intervening incident or Initial filings with the Department as the statutory employer of these unrelated condition. of Labor are still made at employees. The Second District In the third case, the First seaportal.dol.gov. A case goes into Court of Appeal affirmed the trial District also reversed the ruling the OALJ system only after it is judge, who found that as a matter of a Judge of Compensation referred by the District Director of law, TECO was not the statutory Claims, who had denied a claim for formal proceedings. n employer of these employees for surgery because the only and is not entitled to workers authorized treating doctor gave 1 ___ So. 3d ___, No. 2D19-3091 compensation immunity under an opinion that it was premature (Fla. 2d DCA Oct 16 2020) (rehearing these circumstances. to consider surgery. In Thompson v. pending at the time of this writing). In the second case, the claimant Escambia County School Board,3 2 ___ So. 3d __, No. 1D19-4231 in Sanchez v. YRC and Sedgwick 2 Thompson had presented the (Fla. 1st DCA Oct. 28, 2020) asserted that the First District Court opinion of an IME doctor that 3 302 So. 3d 936 (Fla. 1st DCA of Appeal should reverse a denial of surgery was not premature and 2020). his claim for medical care based on in fact was recommended. The inadequate evidence that the work First District held that the IME injury was the major contributing evidence is admissible and had Author: Anthony V. Cortese, Attorney cause of the injury for which he to be considered, and cannot be at Law

6 6 JAN - FEB 2021 | HCBA LAWYER JAN-FEB 2021 HCBA LAWYER Inside Proof 3_Layout 1 1/6/21 10:46 AM Page 67

Workers Compensation CLE On October 22, HCBA’s Workers’ Compensation Section hosted a special CLE webinar with the judges of the Office of Judges of Compensation Claims. This seminar educated and reminded practitioners of best practices, particularly under Judge Mark A. Massey Judge Rita Young remote restrictions. Additionally, the judges provided a rules-based review of procedures during the COVID-19 pandemic, with an emphasis on ethics and professionalism. Thank you to our panelists, the Hon. Mark A. Massey, Rita Young, and Stephen L. Rosen for speaking at this webinar! Judge Stephen L. Rosen Anthony Cortese

Thank you also to Milestone Reporting for sponsoring this webinar.

Evelyn Quintana

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Contact Stacy at [email protected] for more information.

JAN - FEB 2021 | HCBA LAWYER 6 7 JAN-FEB 2021 HCBA lAWYER Inside Proof 3_layout 1 1/6/21 10:04 AM Page 68

aroundtheaSSociation

Steve Brannock of Brannock and Inclusion Shareholder. This Sheldon Public Interest Award. Humphries & Berman presented is a new role for the firm in an Scriven, one of Tampa’s most a webinar on “Antitrust Basics for the effort to further its strategic highly regarded business-litigation Credit Professional” for the National planning surrounding diversity attorneys, has for decades dedicated Chemical Credit Association. and inclusion initiatives. himself to civic service, from volunteering with, and serving on Hill Ward Henderson is Bradley Arant Boult the board of, the Innocence Project pleased to announce that shareholder Cummings LLP congratulates of Florida, to serving as president Shane Costello recently attained Kyle W. Robisch, who has been of both the George Edgecomb Bar board certification by The Florida appointed to the Special Olympics Association and the Hillsborough Bar in Business Litigation. Florida West Florida Leadership County Bar Association. Council and the Junior The Jennis Law Firm Achievement of Tampa Bay Trenam Law is pleased to welcomes Brian Hart, who has Connections Board. announce the expansion of its joined the firm’s team primarily healthcare practice with three handling state and federal litigation, The Tampa Lawyer Chapter attorneys joining the firm’s Business mediation and arbitration. of the American Constitution Transactions group in the Tampa Society (ACS) congratulates office. Erin Smith Aebel and Hill Ward Henderson is attorney Lansing “Lanse” Kathleen M. Bickelhaupt join pleased to announce that Cory J. Scriven, who it has selected as as shareholders along with associate Person has been named Diversity the recipient of the 2020 George Amanda J. newlon.

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THE HILLSBOROUGH COUNTY BAR ASSOCIATION pRSRT STd U.S. pOSTAGE pAId LAWYER TAmpA FL CHESTER H. FERGUSON LAw CENTER pERmIT 590 1610 N. TAmpA STREET TAmpA, FL 33602