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THE HILLSBOROUGH COUNTY BAR ASSOCIATION Tampa, Florida | JAN - FEB 2019 | VOL Jan-Feb 2019 HCBA Lawyer Cover 4 pages_Layout 1 12/14/18 10:27 pm page 1 LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION TAmpA, FLORIdA | JAN - FEB 2019 | VOL. 29, NO. 3 Jan-Feb 2019 HCBA Lawyer Cover 4 pages_Layout 1 12/14/18 10:27 pm page 2 HCBA lawyer (JAN-FEB) 2019 Inside2_layout 1 12/14/18 10:20 PM Page 1 THE HIllSBoRoUGH CoUNTY BAR ASSoCIATIoN LAWYER JAN - FEB 2019 | Vol. 29, No. 3 divisions features & events 7 YLD HoLDs FaLL HappY Hour 16 spECIaL FEaTurE - LEgaL gIanTs - sHapIng gEnEraTIons BY guIDanCE & ExampLE by Hon. Frances M. Perrone 18 YLD CELEBraTEs pro Bono 6 23 appELLaTE sECTIon LunCHEon 16 27 ConsTruCTIon Law sECTIon 3 wIsHIng You a JoYFuL CLE/LunCHEon nEw YEar! Editor’s Message by Ed Comey 30 8TH annuaL sEnsorY FrIEnDLY sanTa EvEnT 4 DEsTIgmaTIzIng mEnTaL HEaLTH anD wELLnEss: a 34 THanks To aLL our Fox 13 DIsCussIon among LawYErs ask-a-LawYEr voLunTEErs! HCBA President’s Message 36 YLD goLF TournamEnT by John A. Schifino 43 LaBor & EmpLoYmEnT Law 6 HaLFwaY HomE sECTIon CLE YLD President’s Message Jason Whittemore 55 aDopT-a-vETEran InITIaTIvE 36 8 HCBa rE-rELEasEs 63 sEnIor CounsEL sECTIon LunCHEon “BEForE THE Law was 68 TrIaL & LITIgaTIon sECTIon EquaL” DoCumEnTarY FILm HoLDs CanDIDaTE Forum on YouTuBE Executive Director’s Message by John F. Kynes 10 2018 YEar In rEvIEw From the State Attorney by Andrew H. Warren 12 wHaT’s nEw In THE nEw YEar 7 63 From the Thirteenth Judicial Circuit Chief Judge Ronald Ficarrotta about the Cover We are continuing our theme this Bar year of commemorating important historic industries in Florida, and highlighting the commercial fishing industry in this issue. The photo of the cover shows shrimp boats docked at a Panama City Beach marina in the mid-20th Century. The photo was taken by photographer Jerry Francis Simon. He was the photographic director for the Florida Development Commission and was assigned to former Governor Claude Kirk as his personal photographer. There was a boom in Florida’s shrimping industry in the 1940s and ’50s, as the population of the state increased dramatically after World War II, and demand for shrimp around the country increased. In its heyday, the Florida industry involved thousands of people around the state, with tons of shrimp being caught in Florida waters and shipped to restaurants and dinner tables around the world via the railroad and the growing interstate road system. Photo used with permission from the State Archives of Florida online Florida Memory collection. JAN - FEB 2019 | HCBA LAWYER 1 HCBA lawyer (JAN-FEB) 2019 Inside2_layout 1 12/14/18 10:20 PM Page 2 seCtions 42 Committees 32 50 mEDIaTIng a propErTY InsuranCE CLaIm 24 Mediation & Arbitration Section by Gerald T. Albrecht 20 HCBa pro Bono rIvEr run – 22 a rEmInDEr on rEHEarIng 58 aBsoLuTE powEr no a DECaDE oF sErvICE Appellate Practice Section by LongEr nECEssarY 5K Run Committee by Hon. John Stacy Blank and Patrick Chidnese Real Property Probate & Trust Conrad & Miriam Valkenburg Section by Matthew Schnitzlein 26 FILIng a LawsuIT no LongEr 24 BLI TEaCHEs THE ImporTanCE rEquIrED To saTIsFY sTaTuTE 62 mY! How TImEs HavE CHangED! oF BaTTLE BuDDIEs In THE oF rEposE Senior Counsel Section LEgaL proFEssIon by Stann Givens Construction Law Section Bar Leadership Institute by Dara L. Dawson and 64 THIngs To BE on aLErT For as by Natasha Khoyi Jeffrey M. Paskert a smaLL FIrm praCTITIonEr 28 DIvErsITY anD FaIrnEss In THE 32 BIoBanks, BroaD ConsEnTs, Solo & Small Firm Section JuDICIaL nomInaTIon proCEss anD waIvErs: wHaT THE by Trescot Gear Diversity Committee by Gil Singer, rEvIsED Common ruLE 66 FLorIDa suprEmE CourT Bob Lindeman & Carter Andersen maY CHangE Favors FrYE 54 JuDgE JarED smITH: a mILITarY Health Care Law Section Trial & Litigation Section vETEran on THE BEnCH by Kevin Rudolph by Bridget McNamee Military & Veterans Affairs Committee 38 CopYrIgHT oFFICE 67 upDaTE on JuDgEs oF by Steve Berlin ImpLEmEnTs ExEmpTIons CompEnsaTIon CLaIms To anTI-CIrCumvEnTIon anD CasELaw provIsIons oF THE DmCa Workers’ Compensation Section in everY issue Intellectual Property Section by Anthony Cortese by Michael J. Colitz, III 14 savE THE DaTE 42 aCCommoDaTIng prEgnanCY- 31 nEw HCBa mEmBErs rELaTED LImITaTIons 64 51 100 CLuB Labor & Employment Law Section by Julie A. Girard 59 BEnEFIT provIDErs 46 pErmanEnT aLImonY 70 arounD THE assoCIaTIon In FLorIDa 71 JurY TrIaLs Marital & Family Law Section by Mark Baseman © Cancsp0577151 Stock /Photo johnsfon/ 71 aDvErTIsIng InDEx THE HIllSBoRoUGH CoUNTY BAR ASSoCIATIoN Editor oFFICErs Ed Comey president: John schifino assistant Editor president-Elect: grace Yang; Immediate past president: gordon Hill maria ramos secretary: scott stigall; Treasurer: robert J. scanlan LAWYER Executive Director Ex-oFFICIo John F. kynes Chief Judge ronald Ficarrotta; Judge Frances m. perrone, amy s. Farrior Chester H. Ferguson law Center DIrECTors: 1610 N. Tampa St., Tampa Fl 33602 aDvErTIsIng alex Caballero vivian C. Hodz amanda m. uliano Telephone (813) 221-7777 pr/Communications Director victoria n. Ferrentino anthony D. martino Jason k. whittemore www.hillsbar.com stacy williams paige a. greenlee Cory person [email protected] (813) 221-7779 matthew Hall Jacqueline simms-petredis (ISSN 1553-4456) THE HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer is published six times per year by the Hillsborough County Bar Association. Editorial, advertising, subscription, and circulation offices: 1610 N. Tampa St., Tampa, FL 33602. Changes of address must reach the Lawyer office six weeks in advance of the next issue date. Give both old and new address. POSTMASTER: Send change of address notices to Hillsborough County Bar Association, 1610 N. Tampa St., Tampa, FL 33602. One copy of each Lawyer is sent free to members of the Hillsborough County Bar Association. Additional subscriptions to members or firm libraries are $50. Annual subscriptions to others, $100. Single copy price, $15.00. (All plus tax.) The Lawyer is published as part of the HCBA’s commitment to provide membership with information relating to issues and concerns of the legal community. Opinions and positions expressed in the articles are those of the authors and may not necessarily reflect those of the HCBA. Submissions of feature articles, reviews, and opinion pieces on topics of general interest to the readership of the Lawyer are encouraged and will be considered for publication. 2 JAN - FEB 2019 | HCBA LAWYER HCBA Lawyer (JAN-FEB) 2019 Inside2_Layout 1 12/18/18 12:31 PM Page 3 EDITOR’S MESSAGE Ed Comey - Law Clerk to U.S. Bankruptcy Judge Michael G. Williamson Wishing You a Joyful New Year! “[J]oy is something that we can always hold onto.” “Had it. Lost it.” That was Klay Thompson, all-star you want to go. I think joy is something that we can shooting guard for the Golden State Warriors, talking to always hold onto.” ESPN about his team’s quest for joy during a rare four- Thompson was more to the point about how having game losing streak. The Warriors, winners of three of the joy can change your perspective on things:”It’s been a past four NBA championships, operate on four core while since we’ve been on a losing streak like this, but at values: the first is joy. the end of the day it’s not the end of the world. We still When discussing the importance of joy, Kevin Durant, play basketball for a living and make people happy, so another Golden State Warrior all-star, mused about the it’s pretty easy to find joy in that.” distinction between joy and happiness: “I feel like a lot All this got me to thinking that maybe I need to join the of people confuse joy Warriors on this elusive and happiness. I think quest for joy. As lawyers, happiness is a feeling it’s hard not to get caught that is fleeting. It means up focusing on — and you can go back and linking our happiness forth all the time. I feel to — things like billable like joy is something that hours, col lections, books you can stand on.” of business, outcomes Until reading those of cases, etc. Although, comments, I always for me, working for a assumed happiness and judge lessens some of joy were the same. those external factors. But it turns out With the internal peace Durant is on to some - that comes from having thing. According to joy, it’s easier to say, psychologists, happi ness to borrow from Klay tends to be temporary, Thompson: “At the end while joy tends to be longer lasting. More important, of the day, our hours, or collections, or book of business, happiness tends to be based on external events. We or the outcome of a case is not the end of the world. As are happy when things (jobs, relationships, etc.) go our lawyers, we still get to make a living helping people. So way. Joy, however, is internal. it’s easy to find joy in that.” And it exists even when things don’t go our way. At the end of last school year, my oldest daughter Durant explained how joy has been crucial to the came home and hung up a sign she had made at school. Warriors’ ability to grind their way through the ups It read: “Be Joyful.” (She goes to a school run by Salesian and downs of an 82-game season year after year Sisters, an order of nuns known for their cheerfulness and why it was so important for them to find their and joy). We took the sign down to hang up our joy: “[W]hen you’re enjoying what you do, you don’t Christmas decorations. But you better believe it’s going mind the adversity, the tough times, the challenges.
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