HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer Is Published Six Times Per Year by the Hillsborough County Bar Association

LAWYER

THE HILLSBOROUGH COUNTY BAR ASSOCIATION TAMPA, FLORIDA | SEPTEMBER - OCTOBER 2014 | VOL. 25, NO. 1 GUNN LAW GROUP CIVIL TRIAL ATTORNEYS Advocating for Justice A Professional Association

THE NEXT GOVERNOR COULD PLEASE REACH OUT IN YOUR APPOINT AT LEAST FOUR COMMUNITY AND ENCOURAGE ALL TO VOTE IN THIS HISTORIC SUPREME COURT JUSTICES. MID-TERM ELECTION CYCLE.

THE NEXT GOVERNOR WILL ALL THE PEOPLE NEED TO APPOINT 15 OF THE 37 PARTICIPATE IN ELECTING A GOVERNOR WHO IS FOR THE MEMBERS OF THE PEOPLE OF OUR STATE. CONSTITUTION REVISION COMMISSION WHICH CONVENES EVERY 20 YEARS. GET OUT AND

400 N. Ashley Drive / Suite 2050 / Tampa, FL 33602 / 813-228-7070 866-GUNNLAW (486-6529) / [email protected] / www.gunnlawgroup.com LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION

SEPT - OCT 2014 | VOL. 25, NO. 2

DIVISIONS FEATURES AND EVENTS 5 3 2014-2015 HCBA BOARD OF DIRECTORS 7 CONGRATULATIONS TO THE 2013-2014 HCBA BAR LEADERSHIP INSTITUTE CLASS 16 THE FUTURE IS NOW: ELECTRONIC TECHNOLOGY, LAW, AND EVIDENCE 16 17 THE BIRTH OF THE BENCH BAR 18 AN INTERVIEW WITH THE HON. MARY STENSON SCRIVEN 5 WHO’S GONNA FILL by Michael S. Hooker THEIR SHOES 23 2014-2015 HCBA SECTION

Editor’s Message & COMMITTEE CHAIRS by Ed Comey 6 A SALUTE TO OUR MISSION 27 HCBA BOARD OF DIRECTORS RETREAT OF RESPECT AND SERVICE 27 YLD BOARD RETREAT HCBA President’s Message by Benjamin H. Hill IV 31 AWARD FOR EXCELLENCE IN THE PROMOTION OF BOARD CERTIFICATION 8 OPPORTUNITIES AVAILABLE THROUGH THE YLD 38 HCBA INSTALLATION OF 2014-2015 YLD President’s Message OFFICERS & DIRECTORS by Anthony “Nino” Martino 38 42 YLD HOLDS JUDICIAL 10 BEN HILL IV SWORN IN APPRECIATION LUNCHEON AS HCBA PRESIDENT; BAR LOOKS AT CHANGING 53 CONGRATULATIONS TO ABRAHAM LEGAL PROFESSION LINCOLN AWARD WINNER! Executive Director’s Message 53 HEALTH CARE LAW SECTION’S by John F. Kynes AFTERNOON WITH THE RAYS 12 JUVENILE DRUG COURT 55 JUDGE FRANK INDUCTED INTO State Attorney’s Message by Mark A. Ober LABOR AND EMPLOYMENT LAW SECTION HALL OF FAME 14 BETTING ON THE FUTURE 42 From the Clerk of the Circuit Court 66 RPPTL CLE by Pat Frank

ABOUT THE COVER

Red mangroves stand in the intertidal waters above an oyster bed in eastern Tampa Bay. Their abundance indicates a healthy ecosystem with their characteristic crop roots providing shelter for numerous fish species.

Photo courtesy of Carlton Ward Photography, www.carltonward.com

SEPT - OCT 2014 | HCBA LAWYER 1 SECTIONS 51 INTELLECTUAL PROPERTY COMMITTEES PITFALLS IN CORPORATE 26 TRANSACTIONS Intellectual Property Section by Rachel Marks Feinman 54 DRUG SCREENING AND PUBLIC-SECTOR EMPLOYMENT Labor and Employment Section 60 by Brian Koji and Shaina Thorpe 24 PROTECTING THE RULING ON 56 INNOCENT SPOUSE 29 COME OUT AND VOLUNTEER; YOUR MOTION IN LIMINE RELIEF EXPANDED IT COULD CHANGE YOUR LIFE Appellate Practice Section Marital & Family Law Section Community Services Committee by Michael M. Giel by Connie Rossi and Briggs Stahl by Lisa A. Esposito 26 WE INVITE YOUR PARTICIPATION! 57 ARBITRATION PROCEEDINGS 41 THE BENEFITS OF Collaborative Law Section ARE LIMITED BY FLORIDA PRO BONO WORK by Christine L. Derr STATUTE § 95.11 Diversity Committee by Victoria Cruz-Garcia Mediation and Arbitration Section ARBITRATION JURISDICTION AND 32 by Caroline Johnson Levine 60 HELPING THOSE WHO HAVE UNLICENSED CONTRACTORS DEFENDED OUR COUNTRY Construction Law Section 62 TENANTS WITH “PERPETUAL Military & Veterans Affairs Committee by J. Derek Kantaskas DOMINION” MAY BE ASSESSED by Bob Nader and Lt. Col. AD VALOREM PROPERTY TAXES Christopher Brown 34 AGENCIES TARGET BUSINESS Real Property, Probate & Trust Law USE OF SOCIAL MEDIA Section by William J. Pokolsky III 61 RESPONSIVENESS IS AN Corporate Counsel Section and Derek Larsen Chaney ETHICAL REQUIREMENT by James B. Lake 63 INTRODUCING THE HCBA Professionalism & Ethics Committee by Caroline Johnson Levine 36 A FREEDOM-DESTROYING SECURITIES LAW SECTION COCKTAIL: UNCORROBORATED Securities Law Section 67 LETTER TO HCBA ANONYMOUS TIPS by Jared Perez SECTION CHAIRS: WHY Criminal Law Section 64 EXPLOITING TECHNOLOGY S-2014-038 MATTERS by Joseph A. Eustace Jr. Solo & Small Firm Section Thirteenth Judicial Circuit THE ELDER LAW SECTION — by Jack Rosenkranz Pro Bono Committee 43 by Judge Catherine Peek McEwen BUILDING ON A SUCCESSFUL 66 IRS MODIFIES OFFSHORE FIRST YEAR VOLUNTARY DISCLOSURE Elder Law Section by Elizabeth P. PROGRAM IN EVERY ISSUE Allen and Debra L. Dandar Tax Law Section by Brian R. Harris 44 FULL COMPENSATION VS. 69 SETTLEMENT CONFIDENTIALITY 13 NEW MEMBERS JUST COMPENSATION IS NO JOKE! 33 100 CLUB Eminent Domain Section Trial & Litigation Section 35 SAVE THE DATES by Angela B. Rauber by Beth M. Coleman 58 HCBA BENEFIT PROVIDERS 48 HEALTH PROGRAM INTEGRITY: 70 UNAUTHORIZED WORKERS’ 71 AROUND THE ASSOCIATION COLLABORATION AND COMPENSATION DISCLOSURE 73 ADVERTISING INDEX DATA ANALYTICS VIOLATES THE ADA Health Care Law Section Workers’ Compensation Section 75 CLASSIFIED ADVERTISING by Clark J. Bolton by Anthony V. Cortese 75 JURY TRIAL INFORMATION

THE HILLSBOROUGH COUNTY BAR ASSOCIATION Editor OFFICERS Ed Comey President: Benjamin H. Hill IV Executive Director President-Elect: Carter Andersen; Imm. Past President: Susan E. Johnson-Velez Secretary: Cory Person; Treasurer: Robert J. Scanlan John F. Kynes LAWYER EX-OFFICIO Hon. Manuel Menendez Jr.; Bill Schifino Jr.; Hon. Mark R. Wolfe Chester H. Ferguson Law Center ADVERTISING DIRECTORS: 1610 N. Tampa Street, Tampa, FL 33602 PR/Communications Director Deborah C. Blews Anthony D. Martino Laura E. Ward Telephone (813) 221-7777 Corrie Benfield Paige A. Greenlee Kevin McLaughlin Grace Yang FAX (813) 221-7778 [email protected] Rachael Greenstein Kristin A. Norse www.hillsbar.com (813) 221-7779 Gordon Hill John A. Schifino

(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 Street, 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 Street, 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.) Write to HCBA, 1610 N. Tampa Street, Tampa, FL 33602. 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 SEPT - OCT 2014 | HCBA LAWYER 2014-2015 HCBA Board of Directors

OFFICERS

President President-Elect Immediate Past President Secretary Treasurer Benjamin H. Hill IV Carter Andersen Susan E. Johnson-Velez Cory Person Robert J. Scanlan DIRECTORS

Deborah C. Blews Paige A. Greenlee Rachael Greenstein Gordon Hill Anthony D. Martino

Kevin M. McLaughlin Kristin A. Norse John A. Schifino Laura E. Ward Grace H. Yang EX-OFFICIO

Hon. Manuel Menendez Jr. Bill Schifino Jr. Hon. Mark R. Wolfe

SEPT - OCT 2014 | HCBA LAWYER 3 4 SEPT - OCT 2014 | HCBA LAWYER EDITOR’S MESSAGE Ed Comey - Law Clerk to U.S. Bankruptcy Judge Michael G. Williamson

Who’s Gonna Fill Their Shoes

It’s hard to imagine what our community would be today without our legal heroes.

s a fan of traditional country music, I’ve down to write this message. While I could tell you all always thought George Jones’ classic song about the “radio heroes” Jones refers to in his song, I “Who’s Gonna Fill Their Shoes” is vastly couldn’t have told you much about our community’s “legal underappreciated. If you’ve never heard heroes.” Sure, I’m familiar with the names George it, the song is a poignant tribute to the Edgecomb and Chester Ferguson. But sadly, I didn’t pioneersA of traditional country music: actually know anything about either of them; I’ve just been You know this old world is full of singers to the buildings that bear their names. So over the past But just a few were chosen couple of weeks, I’ve spent To tear your heart out when time researching the history they sing of our legal community. Imagine life without them In doing so, I’ve read and All your radio heroes heard fascinating stories After lamenting there will about some remarkable never be another Johnny people: pioneers who broke Cash, Merle Haggard, Willie down barriers for women Nelson, Elvis Presley, or and people of color, paving Conway Twitty (to name a the way for generations that few), Jones implores others to followed; local lawyers who carry on the legacy of those distinguished themselves as radio heroes: “Lord I wonder, public servants — at the who’s gonna fill their shoes.” local, state, and national That song came to mind as I level; lawyers who used their sat down to write the editor’s limited time and remarkable message for this year’s talents to serve the needy in inaugural issue of the Lawyer. our community; lawyers who This year, as you’ve seen will be remembered far more from the issue cover, is the for their professionalism than 25th anniversary of the their immense legal talents. Lawyer. In celebration of that After reading and hearing milestone, each issue will those stories, it’s clear to me feature a tribute to a person that there will never be or event that has impacted another Josephine Howard the HCBA over the past 25 years. At the risk of sounding Stafford, Sam Gibbons, Cody Fowler, Arthenia Joyner, trite, it is hard to overstate the importance of having an George Edgecomb, E.J. Salcines, Susan Bucklew, Charles appreciation for history. As historian David McCullough Wilson, Chester Ferguson, Don Castor, Wm. Reece Smith once observed, “History is who we are and why we are Jr., Don Stichter, Ben Hill, Gwynne Young, to name only the way we are.” a few. It’s hard to imagine what our community would be Unfortunately, it didn’t occur to me how little I knew today without our legal heroes. about who we are as a legal community or why until I sat Lord I wonder, who’s gonna fill their shoes.

SEPT - OCT 2014 | HCBA LAWYER 5 HCBA PRESIDENT’S MESSAGE Benjamin H. Hill IV - Hill Ward Henderson

A Salute to Our Mission of Respect and Service

Our mission is to inspire and promote respect for the law and the justice system through service to the legal profession and to the community.

hy are we here? Nothing like starting Perhaps you had similar takes. In any event, I want to lift a new Bar year with a challenging up “respect” and “service” as our focal points for this year question, huh? Attempting to answer and hope that you will also embrace them as we strive to that short yet deep question has carry out our Bar’s mission. Further, because one of this produced endless answers, opinions, year’s means to advance our mission will be to highlight arguments,W and even other questions over the years. military and veterans affairs, I hereby dub this year’s Without getting too heavy, I simply want to pose the mission “Operation Respect and Service.” question in a less traditional frame. Specifically, I Speaking of highlighting, I want to identify a few narrow the scope to our local Bar. Why are we — the events during the first half of the Bar year in which we Hillsborough County Bar Association — here? welcome your participation. First, as referenced, we are I submit that the answer lies in an oft-overlooked, revamping our outreach efforts to our area military and perhaps even and veterans under the unknown, sentence within newly named Military the “HCBA Purpose.” and Veterans Affairs In planning for this year, Committee. As reflected I frequently found myself in the committee’s returning to this sentence inaugural article in this to gauge whether an issue, this group is HCBA event or action already busy planning its was worthy or success. If you would like appropriately purposeful. to volunteer for this Now that the year is committee or simply learn underway, I continue more about it, please to revisit it. As with any contact the co-chairs, important sentence, I Lt. Col. Chris Brown encourage you to not only (christopher.brown.1@ read it, even aloud, but us.af.mil) or Bob Nader also to reflect on it as I ([email protected]). believe each of us, as On September 11, we HCBA members, should. will hold our first General So here it is: Membership Luncheon at the Hilton. We are thrilled Our mission is to inspire and promote respect to have Brig. Gen. Dixie A. Morrow, commander of Air for the law and the justice system through service Force Legal Operations Agency at Bolling Air Force to the legal profession and to the community. Base in Washington, D.C., as our guest speaker. Noted for her informative and inspirational speeches, she also In considering this well-stated mission, my eyes (and ears) repeatedly focused on two words: respect and service. Continued on page 7

6 SEPT - OCT 2014 | HCBA LAWYER HCBA PRESIDENT’S MESSAGE Benjamin H. Hill IV - Hill Ward Henderson

Continued from page 6 On November 7, in an effort to provide additional benefits to our members, we will be hosting the first has a long and distinguished legal career within the HCBA Health & Wellness Expo. While we will provide service and multiple ties to Florida (a “double Gator” further information on this soon, please save this date. and service at MacDill AFB). Trust me, you will not want Finally, I pause to acknowledge how fortunate I am to to miss this lunch. have such a talented and diverse leadership team around On October 17, our Young Lawyers Division will me. Our board members are genuinely committed to host its annual YLD Golf Tournament. To be clear, you representing the well-being of our nearly 4,000 members. need not be a “young lawyer” — I remain in denial — The chairs of our multiple sections and committees are to play. October 19-25 is the National Pro Bono organized and energized to lead meaningful Celebration, which we, along with the Thirteenth programming, pro bono and community service projects, Judicial Circuit, will be supporting (see the HCBA and social and networking events. Our dedicated HCBA website for details). Then, on October 30, we will host staff, led by our incomparable Executive Director John our 18th Annual Bench Bar Conference & Judicial Kynes, continues to work hard daily to meet our Reception. Judges Caroline Tesche and Samantha Ward membership’s needs and further our mission. In the spirit and their fabulous committee have worked hard on this of Operation Respect and Service, I salute all of you and event, so you will not want to miss it. look forward to a great year together!

Congratulations to the 2013-2014 HCBA Bar Leadership Institute Class The Hillsborough County Bar Association’s Bar Leadership Institute class held its closing reception on May 22 at the Chester H. Ferguson Law Center. The class appreciated the support of Jamie Meola, Dee Anna Hays and Carter Andersen, who led the group this year. Congratulations to: Zachary L. Bayne Maria Obradovich Kimberly B. Cook Anthony J. Palermo T.J. Ferrante Rinky S. Parwani Melissa Gonzalez Eliot Peace Ashley S. Grant Jared Perez Alexandra N. Haddad Camaria Pettis-Mackle Lee Harang Taylor Russo Maja Lacevic Anthony Severino Tim Martin Stathia Sferios Karen Middlekauff Robert Stines Jason Montes John Trujillo Jr.

Thank you to the Bar Leadership Institute’s sponsor:

SEPT - OCT 2014 | HCBA LAWYER 7 YLD PRESIDENT’S MESSAGE Anthony “Nino” Martino - Clark u Martino, P.A.

Opportunities Available Through the YLD

The YLD offers a wide selection of networking, professional, and philanthropic programs.

s president of the Young Lawyers judges through trials and proceedings while receiving Division, I would like to encourage all mentoring directly from the bench. The State Court Trial young lawyers to get more involved Seminar focuses on trial practice/skills and is presented professionally and to help us make a by many top trial attorneys in Hillsborough County. The difference in Hillsborough County. We mentoring program provides young lawyers with haveA one of the largest and strongest young lawyers meaningful access to experienced lawyers for guidance. divisions in the state, which enables us to provide a wide If you would like to give back to our community, then array of opportunities to not I recommend Wills for only network with other Heroes, the Attorney Ad lawyers and judges but to Litem Program, Family help the less fortunate in Forms Clinic, Holidays in Hillsborough County. January, Steak and Sports If you are interested in Day, Luncheon Program the networking aspect of at Rampello Downtown our Bar association, then Partnership School, Law I encourage you to attend Week and the High School the YLD’s Happy Hours, Mock Trial Competition. Quarterly Luncheons, Coffee Holidays in January brings at the Courthouse, Golf together foster children, Tournament, Cornhole foster parents, and young Tournament, and the lawyers in the Tampa Bay YLD’s booth at the Judicial area for a fun-filled day of Pig Roast/Food Festival. activities and holiday gift- Coffee at the Courthouse giving. During Law Week, allows young lawyers an the YLD offers tours of opportunity to interact the courthouse, mock trials, with the judiciary from and classroom speaking Hillsborough County in an engagements for the informal setting, and the children of Hillsborough Cornhole Tournament is County. Steak and Sports held annually in partner- Day is a day of grilling and ship with Big Brothers Big Sisters to raise funds outdoor fun with local abandoned, abused, neglected, and awareness for the group’s programs in the and orphaned children. local community. YLD members not only attend but help plan these If you prefer programs designed to help you grow projects and events, so if you would like to assist, please professionally, then you may be interested in our Judicial join one of our committees. Our events can always use Shadowing Program, State Court Trial Seminar, or the more volunteers and new faces as we continue to 13th Circuit Mentoring Program. Judicial Shadowing provides the opportunity for young lawyers to shadow Continued on page 9

8 SEPT - OCT 2014 | HCBA LAWYER Continued from page 8 enhance our programming. For more information, go to the YLD link found at www.hillsbar.com or visit our Facebook page. We look forward to your involvement in the YLD as we continue our tradition of making a difference in Hillsborough County! Please note the upcoming annual Golf Tournament in October. We expect a full field as we have had in the past, so make sure to get your registration in and take advantage of the early-bird discount. The tournament is open to lawyers and non-lawyers, so encourage your shareholders, colleagues, clients, and friends to join us on the course. As the incoming president, I am excited to continue the YLD events that have defined our organization over the years, as well as enhance their reach. However, the extent of our reach is limited only by the participation of our members.

2014-2015 HCBA YLD Board of Directors OFFICERS President: Anthony D. Martino President-Elect: Dara Cooley Immediate Past President: Jacqueline Simms-Petredis Treasurer: Laura Tanner Secretary: Ashley Johnson Liaison to the HCBF: Maja Lacevic Parliamentarian: Tammy Briant Historian: Stephanie Caldwell DIRECTORS Alexandra Haddad Traci Koster H. Web Melton III Melissa Mora Amy Nath Jason Whittemore Jeffrey Wilcox EX-OFFICIO Jill K. Bell

SEPT - OCT 2014 | HCBA LAWYER 9 EXECUTIVE DIRECTOR’S MESSAGE John F. Kynes - Hillsborough County Bar Association

Ben Hill IV Sworn In as HCBA President; Bar Looks at Changing Legal Profession

“This is an association about ‘us.’ I’m reminded that the ‘us’ and ‘we’ far outweighs the ‘I’ and the ‘me.’ That attitude has made the HCBA one of the most highly regarded Bar associations around the country.” — Ben Hill IV

en Hill III took a moment to reflect on his IV attended Jesuit High School, went to Vanderbilt career, and understandably, he became a bit University, and is a Stetson Law School graduate. nostalgic. The occasion was the Hillsborough In addition, Hill IV is a past president of the HCBA’s County Bar Association’s 2014-15 Young Lawyers Division, and he is a recipient of Installation of Officers and Directors event the Stetson Lawyers Association’s Outstanding Alumni Bon June 5 at the Chester H. Ferguson Law Center. Representative Award. You see, Hill III recalled “He brings to the table a similar ceremony 33 years the culture that hopefully all ago, in 1981, when he was of you have, and certainly sworn in as HCBA president. we have in our firm, in that Ten years later, in 1991, we believe very strongly in Hill III was elected president giving back to the com- of The Florida Bar. And munity … and advancing in 1999, he was the recipient our profession,” Hill III of the HCBA’s Outstanding told those in attendance. Lawyer Award. In his remarks, Hill IV At this installation talked about leading the ceremony, however, Hill III HCBA this year. “It’s special was tasked with introducing to be a part, much less lead, his son, Ben Hill IV, as the this association of such incoming president of the great lawyers,” he said. HCBA. Hill III noted that Hill IV discussed the his other son, Gordon, was HCBA’s strong relationship being installed as a director with the judiciary and efforts on the HCBA board as well. All three work at Hill Ward to increase professionalism and civility in the legal Henderson, where Hill III was a founding member. profession. “This is an association about ‘us.’ I’m In his introduction, Hill III talked about his son’s personal background and professional experience. Hill Continued on page 11

Check out more photos from the Installation of Ofﬁcers and Directors event on pages 38 and 39, or view a full photo album at facebook.com/HCBA tampabay.

10 SEPT - OCT 2014 | HCBA LAWYER EXECUTIVE DIRECTOR’S MESSAGE John F. Kynes - Hillsborough County Bar Association

Continued from page 10 Also, stay tuned for information about a new HCBA health/wellness event later in the fall at the Ferguson Law reminded that the ‘us’ and ‘we’ far outweighs the ‘I’ and Center. It will offer free health screenings and valuable the ‘me,’ ” Hill IV said. “That attitude has made the personal health information for everyone. HCBA one of the most highly regarded Bar associations At the same time, the HCBA and legal groups across around the country.” the country must grapple with changes in the legal “I believe it’s our duty to maintain, and even enhance, profession and evolve in order to stay relevant. That’s the stellar reputation the Bar enjoys,” Hill IV added. why I am pleased to be following the work of The Florida Bar’s Vision 2016 Commission. *** Established by former Florida Bar President Eugene The fall season and a new Bar year also bring new Pettis, this group is studying the future of the legal opportunities for HCBA members. Opportunities to stay profession in the areas of legal education, technology, connected and forge new relationships with your Bar admissions, and access to legal services. colleagues in the legal profession. And opportunities to “We are at the crossroads of major evolutionary take advantage of the numerous educational and CLE changes in our profession,” Pettis said in a recent column programs made available throughout the year. in The Florida Bar Journal. “We must acknowledge So consider joining the HCBA’s Lawyer Referral & a changing world, driven largely by technological Information Service and help grow your practice through advancements, and be willing to adapt.” case referrals. As we look to the future, this is something we should Make it a point to attend the HCBA’s 18th Annual all keep an eye on. Bench Bar Conference & Judicial Reception scheduled for See you around the Chet. October 30 at the Hilton Tampa Downtown.

SEPT - OCT 2014 | HCBA LAWYER 11 STATE ATTORNEY’S MESSAGE Mark A. Ober - State Attorney for the Thirteenth Judicial Circuit

Juvenile Drug Court

When a child becomes involved with drugs, it can have a ripple effect throughout many lives.

hen a child becomes involved with model as adult drug courts. The drug court model drugs, it can have a ripple effect combines treatment with court monitoring. throughout many lives. School, In 1996, Hillsborough County established a Juvenile friends, and Drug Court.5 This program was family are all the first of its kind in Florida. negativelyW impacted. The future It is a diversion program; if a of the child is at risk. The child juvenile successfully completes may even be caught committing the program, the charges are crimes. This can be an dismissed.6 A juvenile may be opportunity to intervene and eligible for drug court if he make a positive impact. or she has committed a drug- There are currently over related offense or if the juvenile 2,600 drug courts operating in has a history of substance the United States.1 The first abuse.7 Juveniles may be drug court was created in 1989.2 referred to Juvenile Drug Court Drug courts combine drug by the Juvenile Assessment treatment with court monitoring Center, the Hillsborough and intervention in an attempt County School District, the to reduce recidivism.3 Although Juvenile Arbitration Program, more than half of the drug or when they appear before a courts are designed for adults, regular juvenile division judge.8 there are drug courts serving juveniles as well.4 Juvenile drug courts are based on the same Continued on page 13

12 SEPT - OCT 2014 | HCBA LAWYER Continued from page 12

The Juvenile Drug Court program is usually 12 months long, but this can vary based on the treatment needs of the juvenile. Upon entering drug court, the juvenile will complete a contract that sets forth the requirements expected of the juvenile while in drug court. The juvenile is required to participate in treatment, submit to random urine tests, and abstain from using drugs THE HCBA WELCOMES or alcohol. A juvenile participating in drug court ITS NEW MEMBERS is expected to work toward additional positive goals that will help sustain the juvenile’s sobriety. This includes attending school or maintaining MAY & JUNE 2014 full-time employment. The court monitors ongoing compliance with Lauren M. Anzalone Shannon M. LaFrance regular court hearings. During those court hearings, Matthew D. Aycox Jennie Z. Lippert the court is updated on the juvenile’s progress. The John Andrew Baldwin Jennifer E. Lulgjuraj court provides positive feedback to those juveniles Caroline E. Barnhill Johanna M. Lundgren who are complying with the program. Although Janelle J. Blake Evan M. Malloy failure to comply with the requirements of drug Claire M. Brueck Luke Allen Mattson court can result in the juvenile being terminated Christian R. Calcines Kristi McCart from the program, the court also has the option of Kylie M. Caporuscio Bradley J. McDonald imposing less severe and more immediate Rachel S. Carlock Melissa Millican consequences, such as a finding of contempt. The Nicholas R. Cavallaro John C. Miotke use of these lesser sanctions is intended to hold Jamie R. Combee Carlos A. Morales the juvenile accountable and provide an incentive Nicole E. Davis Matthew Nellans to make positive behavioral changes while in Ellen H. De Haan the program.9 Collie L. Nolen The ultimate goal of the Juvenile Drug Court is Christopher B. Deem Laura E. Noyes to create a safer community. By combining drug Oteman C. Delancy Sr. Liz M. Pabon treatment with a program of personal accountability, Dale W. Delaney Theresa L. Patsko drug courts can reduce recidivism. As your state John Distasio Sandra C. Perez attorney, my goal is to protect the citizens of Nicholas D. Dorsch Gabriel D. Pinilla Hillsborough County. Leonardo M. Dosoretz Ashlei D. Richardson James R. Douglass, III Dawn Michele Russell-Stayton 1 Nat’l Inst. of Justice, http://www.nij.gov/topics/ Matthew R. Easterwood Ashleigh R. Shelver courts/drug-courts/Pages/welcome.aspx (last visited Judy L. Estren Sheena D. Smith May 2). Melissa A. Foss Henery A. Stein 2 Nat’l Ass’n of Drug Court Professionals, Jacqueline O. Fournier Stephen Stukey http://www.nadcp.org/learn/what-are-drug-courts/ Laralee M. Garvin Beth A. Sullivan drug-court-history (last visited May 2). Steven J. Glaros Jeffrey Swartz 3 Id. Donald C Greiwe Deborah L. Thomson 4 Nat’l Inst. of Justice, http://www.nij.gov/topics/ Brian R. Harris Gina M. Vargas courts/drug-courts/Pages/welcome.aspx (last visited Elyssa Harvey Kelsey J. Veitengruber May 2). 5 Juvenile Drug Court, http://www.fljud13.org/ Robert L. Hassett Chase R. Welt Portals/0/Forms/pdfs/JuvDrugCourt_brochure.pdf Shantal L. Henriquez George J F Werner (last visited April 30). Carrie L. Hixson Laura L. Whiteside 6 Id. Jody P. Keeling Jessica Gabrielle Wilkett 7 Id. Jennifer J. Kennedy Joshua M. Zudar 8 Id. James B. Kitterman 9 See Caroline S. Cooper, Juvenile Drug Court Programs, https://www.ncjrs.gov/html/ojjdp/jaibg_2001_5_1/ page2.html (last visited May 12).

SEPT - OCT 2014 | HCBA LAWYER 13 FROM THE CLERK OF THE CIRCUIT COURT Pat Frank - Clerk of the Circuit Court

Betting on the Future

The Florida Courts e-Filing Portal ... opens the “virtual front doors” to our office 24/7/365, allowing attorneys and self-represented litigants to file documents at any time of the day or night.

spoke to my senior staff the other day about criminal; county criminal; and juvenile dependency and changes — on so many fronts. I had just read an delinquency. We are also on target to implement article on the “Economic Challenge: Creating Odyssey in our civil and criminal traffic departments, Jobs,” by Lawrence H. Summers, former U.S. which should be up and running when you read Treasury secretary and current Harvard this article. IUniversity professor. He traced the changes in the This new system has been instrumental in allowing our American economy in the past 100 years, from primarily office to move forward on multiple fronts. Internally, our agrarian to the present, processes are becoming driven by technology, more streamlined, with which seems to be far less paper. Instead of upgraded constantly. so many clerical-based Professor Summers positions supporting our said there are many paper environment, our reasons to think that the employees are learning software revolution will more technical skills, be even more profound which are necessary to than the agricultural manage electronic data revolution. This time and records. around, he said, change For you, our system will come faster and has facilitated the affect a much larger share implementation of elec- of the economy. tronic filing through the In terms of the Florida Courts e-Filing clerk’s office, technology Portal. This opens the continues to shape the way we do business — internally “virtual front doors” to our office 24/7/365, allowing as well as externally. It is so radically different from the attorneys and self-represented litigants to file documents time I first took office in 2005. We are implementing new at any time of the day or night. Real-time confirmations systems across the board as I write, and we will change are delivered to the filers, keeping them apprised of the even more when we complete the process. filing status. The next benefit to the attorneys and general You know from personal experience that this is a new public will be the capability to access court documents clerk’s office. Our “revolution” actually began in 2009, online for many of the case files we maintain. These when we set out to replace our multiple case maintenance access levels have been established under the Florida systems with a single, unified system — to serve you far Supreme Court Standards for Access to Electronic better and more efficiently. Records and will become available starting in the first half Since we first implemented the Odyssey system, the of 2015. clerk’s office has been working methodically through There are so many positive outcomes of our different all of our areas. We have implemented Odyssey thus world — for you and for our employees, who are learning far in the following court divisions: probate/mental new skills in the latest technology. Although it is a different health; family law; circuit civil; county civil; circuit world, my hope is that it is also a better world on all fronts.

14 SEPT - OCT 2014 | HCBA LAWYER SEPT - OCT 2014 | HCBA LAWYER 15 SPECIAL FEATURE Judges Samantha Ward and Caroline Tesche - Thirteenth Judicial Circuit Save the Date

Bench Bar Conference, Membership Luncheon & Judicial Reception The Future Is Now: Electronic Technology, Law, and Evidence October 30, 2014

he Hillsborough County Bar Association This year, we are honored to be joined by Professor and its Bench Bar Committee co-chairs, Charles W. Ehrhardt, certainly one of our country’s Judges Samantha Ward and Caroline premier authorities on evidence, for the afternoon Tesche, are proud to announce the 18th plenary session. He, along with several other Annual Bench Bar Conference. The focus distinguished guests, will provide valuable insight into ofT this year’s conference is on the many practical, legal, contemporary issues regarding the complex legal and ethical considerations facing us all as we deal with the landscape of the capabilities and limitations of electronic myriad of challenges brought about by the advancement technology in the practice of law. of electronic communications technology. We will be The Bench Bar Conference is the premiere HCBA considering the vast advancements in social media, learning event of the year, and as always, the committee electronic filing systems, and the expanded use of seeks to keep the channels of communication open electronic evidence both pre-trial and at trial. between the bench and bar, with its primary focus on We believe that the curriculum for this year’s improving the justice system. Working together, we can conference is particularly timely and relevant, given make positive changes in our court system. Please join us changes and potential challenges to the Florida evidence as we continue to strengthen the bond between the bench code and advancements in many areas of electronic and bar, and to prepare the system to best meet the technology. After our morning “ethics-themed” breakfast, coming external and internal challenges to our the morning and afternoon break-out sessions promise to profession. In the spirit of collaboration between the be both substantive and practical. We are adding a United bench and bar, we invite you to join us at the Judicial States Supreme Court Update session this year, as well as Reception, which will immediately follow the conference. a “Kids in the Court” practical session to discuss the So please save the date for the Bench Bar Conference, myriad of issues facing children in the many divisions of Membership Luncheon & Judicial Reception on October 30. our court system. Look out for more information about specific course We are excited to continue our innovative “view to the offerings and registration instructions in email blasts from bench” sessions, providing lawyers and judges the the HCBA and on the opportunity to candidly discuss practice-specific topics in HCBA website. We look round-table discussions. Breaking out by areas of practice, forward to seeing you! we seek to diverge from the typical “view from the bench” and get real-life practical input from the litigants to the Authors: Judges judges. This year’s segments will add probate and Samantha Ward and appellate sessions to the civil, family, criminal, and Caroline Tesche, federal/bankruptcy sessions already planned. Thirteenth Judicial Circuit

16 SEPT - OCT 2014 | HCBA LAWYER The Birth of the Bench Bar The year was 1997. Tom Elligett was kicking off his term as president of the Hillsborough County Bar Association, and Mike Hooker was leading the charge as editor of the Lawyer magazine, which was just entering its eighth year. The magazine was already evolving, introducing photos from Bar events, making readers chuckle with lawyer-related cartoons, and launching a section called “Tell Us” in which lawyers and judges shared amusing experiences from both inside and outside the courtroom. Among the substantive articles and notices for events such as the Doc Jocks Versus Court Sports competition and a seminar teaching “Basic Internet for Lawyers and Paralegals,” there was a short article by Jennie Tarr, co-chair of what was then the Judicial Liaison Committee. “On November 12, 1997, the Hillsborough County Bar Association will hold its first Bench Bar Conference. … My co-chair, Bob Warchola, along with our steering committee, Gordon Schiff, Rob Shimberg and David Rowland, met with Chief Judge Dennis Alvarez last spring who enthusiastically supported this project,” Tarr wrote in the September 1997 issue of the magazine. The HCBA’s first Bench Bar Conference featured four hours of roundtable discussions, bringing together lawyers and judges to talk about common issues encountered in the courtroom. The conference, which ended up drawing about 200 people, offered breakout groups on civil, criminal, and family/juvenile topics, followed by a closing session and reception. In the years since this initial endeavor, the Bench Bar has grown into one of the HCBA’s most well-attended signature events. The conference now offers a full day of continuing legal education classes and a Membership Luncheon, then wraps up with a popular Judicial Reception in the evening. The HCBA appreciates all of the judges and attorneys who have helped build this event over the years, and we look forward to a great Bench Bar in 2014!

SEPT - OCT 2014 | HCBA LAWYER 17 SPECIAL FEATURE Michael S. Hooker - Phelps Dunbar LLP

An Interview with the Hon. Mary Stenson Scriven

he following is an edited excerpt of an interview with the Hon. Mary Stenson Scriven, United States District Court Middle District of Florida, Tampa Division, conducted by Michael S. Hooker. Q.TYour Honor, tell us about your background. Where did you grow up? A. I was born in Atlanta, Ga., but grew up in Macon. My dad was a minister and pastored several churches in Macon over the course of his career, 44 years at St. Luke Baptist Church, and my mother was a nurse at the local hospital, first as a registered nurse on the floor and then as head of the education department for the school of nursing that was an arm of the hospital. I was educated in the public schools in Macon. Q. Any particular challenges growing up as a “preacher’s daughter”? A. Not really. More challenges external to my family than by my family. People had expectations that the “preacher’s Lanse and the Hon. Mary Stenson Scriven daughter” would behave in a certain way. Dad never put those kind of restrictions on our behavior other than that he and my The old saying, “less is more” mom led by example and took us to church several times every Sunday and every Wednesday. My mom likes to joke cannot be overstated. ... If you can that her kids were drugged. “Drug to church at every put it in 10 pages or less, you have Continued on page 19 a true talent for written advocacy.

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18 SEPT - OCT 2014 | HCBA LAWYER SPECIAL FEATURE Michael S. Hooker - Phelps Dunbar LLP

Continued from page 18

opportunity.” So we really didn’t have much time to get in trouble. Q. Did you have any idea what you wanted to do when you grew up? A. I wanted to be an elementary school teacher. I love teaching. My mother was an educator, and I thought I was suited for teaching. I taught high school right after I graduated college. I graduated a semester early, and one of my high school teachers then was having a baby. So she took the semester off, and I finished her high school English classes for the rest of the year. I had my fill of teaching after half a year. Q. Actually, you did a lot more teaching. I noticed in your bio that you taught at Stetson College of Law in ’96 and ’97, you were a former faculty member at the National work hard; and I really enjoyed it. In fact, when I Institute of Trial Advocacy, serving as a guest went once with my son to school, I was there for half faculty member in the Master’s Program for Trial a day after having taught a class and gone to lunch, Advocacy at Nottingham Law Institute in England! and he asked, “Momma, when are you going to start A. (Laughs) Well, I guess I didn’t give up the teaching working?” and I said, “This is my job!” bug. I love teaching. My favorite job was being a law Q. Your bio says that you are an honors graduate school professor at Stetson. I think that in the context at Duke and obtained a law degree with high of the idealistic American law student, it’s just a honors from Florida State. What was your great place to educate. People are open to education; undergraduate major? they challenge the norms; you can engage with students; they really want to get a good grade so they Continued on page 20

SEPT - OCT 2014 | HCBA LAWYER 19 SPECIAL FEATURE Michael S. Hooker - Phelps Dunbar LLP

Continued from page 19 Q. I know that judges typically don’t like to see lawyers embroiled in discovery disputes. But other than A. Political science and religion. I had the notion, discovery disputes, what kind of issues are brought at least by my freshman year in college, that I to you on a routine basis that you think lawyers was going to go into law. I took a survey of ought to resolve on their own? constitutional law seminar and picked up the law A. I don’t abhor discovery disputes like some people bug. In my junior year at Duke, I served as the chief say they do. I think one of the functions of the judge on the Student Judiciary Council. We court is to resolve discovery disputes — real, live, considered honors violations, such as plagiarism, substantive discovery disputes — such as “Am I or even some misdemeanor violations. I gradually entitled to the assertion of the privilege over this moved into an interest in the law from there. set of documents?” and “Does the burden of Q. And I understand that you practiced law for a producing this document or this set of documents decade or so at Carlton Fields with an emphasis outweigh its relevance such that my obligation in commercial litigation and trade regulation. What to produce is eliminated or should the cost be kind of cases did you handle? shifted?” I think those are kinds of things judges A. My principal practice was commercial litigation. are supposed to involve themselves in. The timing When I started practicing, the firm represented the of and location of depositions, and whether to Federal Deposit Insurance Corporation. Thus, by grant someone an extension of time because of happenstance, my practice was almost exclusively extenuating circumstances that are not repeat federal. Even so, it was a broad-based practice to extenuating circumstances, are the kinds of things, include commercial litigation over loans, legal I think, professional, civil-minded lawyers ought to malpractice, accountant malpractice, director be able to work out, without resorting to the court. malpractice. These weren’t the typical federal cases Q. What do you see as the key issues in the Middle so to speak, but because the government was the District of Florida over the next several years? plaintiff, all of the cases were litigated and tried in A. Funding and resources. I think we are statistically the federal court. That became the source of my one of the fastest growing districts in the country. At introduction to federal court, where I have least, historically we have been. I haven’t looked at remained throughout my career. the data in the last couple of weeks, but as our Q. Now, you were a magistrate judge for about 10 population grows and business grows, litigation years, and obviously you’ve been a federal district ensues and crimes get committed, and so properly judge since 2008, so you have served on two funding the federal courts is paramount and should different federal benches. What would you say are be something the lawyers are really concerned the biggest differences between the magistrate and about. I think that lawyers have to be mindful the district benches? that if they want to continue to have high-minded A. I think that typically the work as magistrate judge litigation brought in the courts in the U.S. as is somewhat more controlled in the sense that you opposed to somewhere else or brought in some typically know what your day will look like, except alternative forum, they need to really be concerned in duty week when you don’t know what may come about and work to ensure that the court is fully your way. But here in the Middle District, funded so that we can operate as a court should. it tends to be more dynamic; because of the Q. I know you’re aware of the tremendous push number of consents in our district, magistrate recently by The Florida Bar under the leadership of judges’ duties tend to run the gamut. The principal Eugene Pettis to increase diversity on the state bench. difference in district judge work is that a lot of Why is diversity in the judiciary so important? what I do involves sentencing and trying of A. Diversity in the judiciary is important because criminal cases, and it’s both the heavy heart work when people come to court they want to believe and heavy trial work in terms of work on the that the court is even-minded, and although I don’t bench. It probably isn’t the heaviest cerebral work. know of a judge who looks at a case differently That work is the desk work on the complicated civil cases. Continued on page 21

20 SEPT - OCT 2014 | HCBA LAWYER SPECIAL FEATURE Michael S. Hooker - Phelps Dunbar LLP

Continued from page 20 Q. You are married to a prominent local lawyer, Lanse Scriven. Does being married to a lawyer affect your because of his or her gender or race, I think that role on the bench? when people look at the court, they tend to believe A. It does. It keeps me grounded in the practice of law, it is more fair if it reflects the community that it is and I think as a judge one can tend over time to supposed to serve. So I believe it provides some forget what it really feels like to practice law. sense of integrity to the process as it is viewed from It makes it less likely that I’ll just flippantly deny external sources. Then just fundamentally, people requests for extensions of time for reasons that are bring their varying backgrounds (former properly articulated to be important, even if they prosecutors, defense lawyers, commercial litigators, are personal. It makes it more important to me to etc.) to litigation and to dispute resolution, and really allow people to be heard on all sides of an those varying backgrounds are applied to cases, and issue. I think the constant reminder that there are I think you want to have people with broad-based litigants who are out there working on important, backgrounds to do that. highly contested issues and they are spending Q. Judge, you’ve probably sentenced hundreds of enormous resources doing it and having that sort of defendants on drug charges. If you could say one paramount in my mind on a daily basis keeps me thing to a young person who was dabbling with the grounded and aware of how important it is for a idea of using or possessing drugs, what would it be? judge to be tempered in his or her judgment and to A. Don’t. There is no “little amount” of addiction. allow everybody to be heard. Addiction feeds on itself, and because no one knows Q. Judge, I understand from a particularly reliable their propensity to become addicted to source that you are an exceptional chef. What are so-called recreational drugs, taking them is no your signature dishes? different than playing Russian roulette. There may A. Chicken Captiva, a dish of chicken, fresh shrimp, be a person who is resistant to the effects of cocaine, bacon, and a Dijon cream sauce topped with and you may be that person or you may not be that mozzarella cheese, which I stole from a lawyer person. If you imbibe and you get addicted, then it named David Snyder, so I have to give attribution. It feeds on itself, and you’ll do anything to get the has become our family’s favorite. I love fresh seafood drugs. You’ll do anything to keep the high, and then dishes like Florida grouper. I am a German it becomes your way of life. The risks are so chocolate cake queen. I would say quite confidently tremendously high and the likelihood of your being no one has had a better German chocolate cake able to avoid the horrible outcome is so than mine, ever! And my husband’s favorite tremendously low that it’s just not worth it. So in the probably is my New York-style cherry cheesecake. opposite of the Nike mantra, “Just Don’t Do It!” Q. And finally, on a sad note, I understand that your Q. The practice of law in the federal arena is father, who you already mentioned today, passed particularly dependent on the written word. In away last December. What one attribute of his are terms of effective written advocacy, do you have any you most proud of ? particular advice you would give to lawyers? A. There are so many attributes my dad had, it’s hard A. The old saying “less is more” cannot be overstated to pin down one, but what comes to mind first is the in the context of written advocacy. I think people famous Rudyard Kipling verse: “If you can walk who have the ability to encapsulate their thoughts in among kings and not lose the common touch. ...” as little space as possible on a page have the greatest My dad was very well educated. He was biblically a opportunity to communicate those thoughts to the genius in the sense that he could identify a verse in court. If you learn to do that and do it consistently, the Bible that could address any given concern on you will see much better results consistently for your any given day, but he didn’t lord the Bible over clients than a person who writes a 30-page brief and people or lord his religious education over his then files a motion for an extension of 10 additional parishioners or the people he encountered. And pages because they just have 10 additional pages everyone considered him to be a friend, and he was worth to say. If you can put it in 10 pages or less, you have a true talent for written advocacy. Continued on page 22

SEPT - OCT 2014 | HCBA LAWYER 21 SPECIAL FEATURE Michael S. Hooker - Phelps Dunbar LLP

Continued from page 21 best, the brightest to work with. I still get to teach because those become my students. I am also a law able to maintain that persona. I think in the context junkie. I can do this work all day. I can go home of what we do as judges for a living, just being able and watch “Law and Order” and “Judge Judy” and to stay normal and remember that we put our pants then I can read a John Grisham novel and go to on one leg at a time like everybody else is important sleep. It’s what I really love and feel called to do. to avoiding “robeitis,” as I think it used to be called So, I would, if I could start all over again and knew back in the ‘90s, and it’s something that I try to I would wind up in the same place. There are aspire to as a judge. things about my life I would change, obviously — I Q. If you had it to do all over again, would you still be would try to take better care of my health, I would a judge? travel more with my husband, I would spend more time with my children when they were A. Absolutely, I would. I love the work. It is rarely ever smaller and all of that. But ultimately boring. I mean, there are some things that I would hope to be in the same place I do that aren’t particularly scintillating, but the that I am today. My vocation is truly work is almost always intellectually stimulating. I my avocation. get to work with the brightest young minds in the country. When I hire law clerks, I get 100 to 200 Author: Michael S. Hooker - applications for every job, and I get to choose the Phelps Dunbar LLP

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22 SEPT - OCT 2014 | HCBA LAWYER Introducing the 2014-2015 HCBA Section & Committee Chairs

APPELLATE PRACTICE IMMIGRATION & NATIONALITY 5K PRO BONO RIVER RUN Jared Krukar & Dineen Wasylik Maria Ramos COMMITTEE Judge John Conrad BENCH BAR COMMITTEE INTELLECTUAL PROPERTY Judge Samantha Ward Jeff Fabian & Mindi Richter PROFESSIONALISM & Judge Caroline Tesche & ETHICS COMMITTEE LABOR & EMPLOYMENT Joan Boles & COLLABORATIVE LAW DeeAnna Hayes & Caroline Johnson-Levine Christine Derr & Jonathan Wax Scott Silverman PROGRAMS COMMUNITY SERVICES LAW WEEK COMMITTEE Victoria McCloskey Lisa Esposito & Lara LaVoie Maja Lacevic & Amy Nath REAL PROPERTY, PROBATE CONSTRUCTION LAW LAWYER MAGAZINE EDITOR & TRUST Erik Raines & Mark Smith Ed Comey Stephanie Adams & Mike Kangas CORPORATE COUNSEL LAWYER REFERRAL & Michael Stein & INFORMATION SERVICE SECURITIES John W. Bencivenga COMMITTEE Dominique Heller & Robert Scanlan Jared Perez CRIMINAL LAW Matt Luka LEADERSHIP INSTITUTE SENIOR COUNSEL Alexandra Haddad, Maja Lacevic Walter Aye & Cole Jeffries DIVERSITY COMMITTEE & Anthony Palermo Amanda Buffinton & SOLO & SMALL FIRM Jessica Goodwin Costello MARITAL & FAMILY LAW Jack Rosenkranz & Kristin Kirkner James Schmidt ELDER LAW Elizabeth Allen & Debra Dander MEDIATION & ARBITRATION TAX LAW Hilary High Brian R. Harris & EMINENT DOMAIN Justin Klatsky Kenneth Pope MILITARY & VETERAN AFFAIRS Lt. Col. Christopher Brown & TRIAL & LITIGATION ENVIRONMENTAL & LAND USE Robert J. Nader Kevin Napper Erin McCormick & Anne Pollack JUDICIAL PIG ROAST WORKERS' COMPENSATION HEALTH CARE LAW COMMITTEE Anthony Cortese & T.J. Ferrante & Sara Younger Eric Koenig Irene Rodriguez

SEPT - OCT 2014 | HCBA LAWYER 23 PROTECTING THE RULING ON YOUR MOTION IN LIMINE Appellate Practice Section Chairs: Dineen Wasylik - DPW Legal; Jared Krukar - Butler Pappas Weihmuller Katz Craig LLP

Noting the What has difficulty of A recent case clarifies changed since deciphering such the ruling? This an old order that securing an early means more than decided by a ruling is only the “is the ruling predecessor judge, dated?” If the the trial judge beginning of your ruling was based concluded, “You work on that on representations are going to have about how the evidentiary issue. to raise your evidence will objections unfold, then the hether you’re because I don’t ruling is definitive handling the entire know what has only as to the trial or providing been done.” At trial, the defendant facts as represented to the court. support, you solicited testimony violating the Powell v. State, 79 So. 3d 921, knowW that motions in limine can previous order, but the plaintiff did 923 (Fla. 5th DCA 2012). If the shorten trial and simplify issues. not object. evidence at trial paints a different Such motions can also relieve the The Boyles majority essentially picture than what you or opposing pressure to object in the heat of concluded that the trial court’s counsel drew before, then be ready trial, thanks to section 90.104, admonition to “raise your to act. Id. Orders on motions in Florida Statutes, which deems objections” vacated the previous limine are subject to change during objections preserved for appeal if order, requiring contemporaneous trial as the court better understands the court already issued a definitive objections on all evidentiary issues. the evidence. Hawker v. State, 951 So. ruling. But a recent case clarifies Id. at *4-5. The dissent argued the 2d 945, 950 (Fla. 4th DCA 2007). that securing an early ruling is only trial court’s statement had been Know the answers to both the beginning of your work on that taken out of context and would questions. Then, if opposing evidentiary issue. have held the issue preserved. Id. counsel violates the order and In Boyles v. A & G Concrete at *12. Regardless, Boyles raises evidence slips in without a Pools, Inc., 2014 WL 2957473 (Fla. two questions you must answer to contemporaneous objection, you 4th DCA July 2, 2014), the ensure preservation. have increased the odds an plaintiff moved in limine regarding Was the motion clearly ruled appellate court will someday affirm 45 categories of evidence more on? Get a definitive ruling on the sanctions for violating the order, than 18 months before trial, motion in limine. If you don’t, and Adams v. Barkman, 114 So. 3d securing a ruling that granted the you don’t contemporaneously 1021, 1024 (Fla. 5th DCA 2012), motion on some topics, denied it object at trial, then you have waived rather than on others, and denied without the objection. Tolbert v. State, 922 explain how you prejudice on still more. The new So. 2d 1013, 1017-18 (Fla. 5th waived the issue. judge presiding over trial noted DCA 2006). Also, Boyles shows that that on many topics, the order if the court later rules in such a indicated only “denied without way that part or all of its previous Author: Michael M. prejudice to making ruling might be vacated, then seek Giel - Swope, contemporaneous objections.” clarification immediately. Rodante, P.A.

Did you know that you can now share links to your favorite Lawyer magazine articles online? Go to hcbatampabay.blogspot.com

24 SEPT - OCT 2014 | HCBA LAWYER SEPT - OCT 2014 | HCBA LAWYER 25 WE INVITE YOUR PARTICIPATION! Collaborative Law Section Chairs: Christine L. Derr - Law Office of Christine L. Derr, P.A.; Jonathan Wax - Waller & Wax Advisors, Inc.

Each year, more information Tampa Bay related to family law collaborative attorneys, proceedings. financial One of the experts, and benefits of being collaborative a member of the facilitators have Collaborative been trained in One of our primary Law Section the process and is sharing objectives is to expand have developed information, am pleased to be co-chairing the skills the education of knowledge, and the Collaborative Law necessary to professionals and materials with Section of the Hillsborough manage these other members. County Bar Association for cases effectively. prospective clients to The synergy I2014-2015 with Jon Wax. The Collaborative between our the alternative that Collaborative Law Section has cases typically local and many goals for this year. We cost less, take is available through statewide are developing networking less time, cause collaborative law. collaborative opportunities, enhanced public less stress, and practice groups awareness of the benefits of open up and the state collaborative law, lawyer training, possibilities that council creates and continuing education, as well are not available in a traditional an environment ripe for growth. as providing education to the litigation-based setting. By taking We plan to work in partnership judiciary about the collaborative a cooperative approach, rather with the two collaborative groups process as an alternative dispute than an adversarial one, parties in the Tampa Bay area: the Tampa method. We invite your participation! can resolve difficult issues that Bay Collaborative Law Group and There has been a cooperation would otherwise lead to expensive Next Generation Divorce. Many developing between our and time-consuming litigation. members of the Collaborative collaborative community and the We have courts that support the Law Section are members of HCBA Collaborative Law Section, philosophy that the interdisciplinary both groups. We invite interested only beginning its third year, and collaborative practice model may members of the HCBA to join it is gaining steam. One of our be a suitable alternative to full-scale the Collaborative Law Section primary objectives is to expand adversarial litigation in family law for our luncheons on October 22, the education of professionals cases if the parties agree to such a December 18, February 25, and and prospective clients to the model. Although the collaborative April 22. There will be a charge alternative that is available through law bills introduced for Florida’s for lunches, but there will be no collaborative law. Although locally, 2014 legislative session did not pass section dues, so those interested collaborative law has made the this year, the Family Law Section in joining will not have to pay extra most progress in the family law of The Florida Bar has a standing to participate. Non-lawyer affiliate arena, the collaborative process position supporting the statutory members of the Bar interested in may become a significant recognition of collaborative law collaborative law are also alternative dispute resolution as a form of alternative dispute encouraged to attend. process in other practice areas. resolution in family law cases and In the family law setting, the establishment of a privilege Author: Christine L. Derr - Law collaborative law is growing rapidly. regarding the disclosure of Office of Christine L. Derr, P.A.

YOU DON’T HAVE TO BE AN ATTORNEY TO JOIN THE HCBA! CALL (813) 221-7777 FOR INFORMATION.

26 SEPT - OCT 2014 | HCBA LAWYER HCBA Board of Directors Retreat

The HCBA Board of Directors kicked off planning for the Bar year during the annual retreat August 8 and 9 at the Sandpearl Resort in Clearwater Beach. Ex-officio board members Chief Judge Manuel Menendez Jr., Judge Mark Wolfe and HCBF President Bill Schifino Jr. joined the group, along with Programs Chair Victoria McCloskey and Military & Veterans Affairs Committee Co-Chair Bob Nader. The group covered a range of topics, from membership trends to upcoming HCBA events.

The HCBA would like to extend a special thank you to the retreat’s sponsors:

YLD BOARD RETREAT

The HCBA Young Lawyers Division Board of Directors gathered for a retreat on August 1 and 2 at the Innisbrook Golf Resort. The board

members discussed plans for the The YLD would like to thank many YLD events the division expects the retreat’s sponsor: to host this year, including the golf tournament coming up on October 17.

SEPT - OCT 2014 | HCBA LAWYER 27

28 SEPT - OCT 2014 | HCBA LAWYER COME OUT AND VOLUNTEER; IT COULD CHANGE YOUR LIFE Community Services Committee Chairs: Lisa Esposito - Law Offices of Lisa Esposito, P.A.; and Lara M. LaVoie - LaVoie & Kaizer, P.A.

ara and I can’t believe we’re in our second year of co-chairing the Community Services Help us make a difference, one charitable case at a time. LCommittee. Last year was great, thanks to many enthusiastic volunteers, such as Mary Snyder at Hill Ward Henderson; Melissa N. elf for an elder, donning antlers, we’ll do this year. Will we help raise Gonzalez at Florida Legal Group; and singing a slightly off-key awareness for RVR Horse Rescue, Melissa Knight, a staff attorney for rendition of Rudolph. We need a charity that saves horses from the Thirteenth Judicial Circuit; and you! severe abuse? Perhaps we will Tom Curran at Shumaker Loop & We hope to see our local volunteer with Special Olympics or Kendrick. In fact, we want to thank judiciary and courthouse staff paint a house for a needy family? all our volunteers for their come back for another week of Get involved and help us decide commitment and dedication. Dining With Dignity at Trinity what cause we will add to an We held a number of inspiring Café, where, with dignity and already exciting array of causes. events, helped a lot of different grace, we serve a sit-down meal Get involved, give back to our people, and perhaps even changed to Hillsborough County’s working community, and you might find you someone’s life, but we couldn’t have poor. We also hope to meet some gain more than you give. You can done it without you. In fact, we new volunteers as we host another volunteer for one event, like Elves look forward to continuing where pirate plunder carnival for the for Elders, Make a Difference Day- we ended last year, with your children at A Kids’ Place, a Adopt a Veteran, Trinity Café, or support, of course! Can we count nonprofit home for abused A Kids’ Place, or you can volunteer on you to help us change the children. Join us as we put smiles for all of them. So come out, meet negative perception many in the on the faces of some very deserving some new friends, make a difference community have about attorneys? kids, hear them giggle, and, most in someone’s life, and you may just We’re doing it one charitable event importantly, be a part of letting come away with a lasting feeling at a time. It’s working, but we need them just be kids for a day. of appreciation for what you have your assistance. If those events don’t inspire you and a better understanding for This year, we also have more to get involved, well, we plan to add those less fortunate. Be the change great events planned, and we hope a few more projects to our agenda, you wish to see in our community. to see many familiar faces back to more ways to help our community Be a volunteer. help, whether it’s adopting needy and reach out to those less veterans and making their day with fortunate. In fact, come to a Author: Lisa A. Esposito - Law a “We Care” visit, or becoming an meeting and help us decide what Offices of Lisa Esposito, P.A.

JOIN THE CSC AT ITS MEETING ON SEPTEMBER 4.

SEPT - OCT 2014 | HCBA LAWYER 29 30 SEPT - OCT 2014 | HCBA LAWYER Award for Excellence in the Promotion of Board Certification

The Hillsborough County Attorney’s Office has received the 2014 Award for Excellence in the Promotion of Board Certification from The Florida Bar Board of Legal Specialization and Education. This award recognizes excellence and creativity by a Florida Bar board-certified lawyer or a law firm in advancing the public’s knowledge of and appreciation for legal board certification. Nearly 50 percent of the attorneys in the Hillsborough County Attorney’s Office are board certified by The Florida Bar. Board certification is a capstone accomplishment of a legal career. To become board certified, an attorney must complete a peer review process, have extensive practical experience, and pass a test to demonstrate knowledge in a specialized area of law. Members of the Hillsborough County Attorney’s Office are certified in City, County, and Local Government Law; Labor and Employment Law; and State and Federal Government and Administrative Practice.

SEPT - OCT 2014 | HCBA LAWYER 31 ARBITRATION JURISDICTION AND UNLICENSED CONTRACTORS Construction Law Section Chairs: Erik Raines - Hill Ward Henderson; and Mark Smith - Carlton Fields Jorden Burt

no lien or bond — the basis for claim shall exist arbitration and in favor of As a forum, the contractor’s the unlicensed however, arbitration claim — was contractor.” unenforceable § 489.128(2), is certainly not without because of the Fla. Stat. In a downside for some, contractor’s addition to particularly those unlicensed the defenses status. asserted in dealing with unlicensed The owner’s arbitration, contractors ... motion to vacate rbitration provides the owner was denied litigants the concurrently because the issue opportunity to resolve filed suit of enforceability disputes by arbitrators in circuit court of the contract whoA are, theoretically, experts in to dispense with in light of section 489.128 was their field, and in a cost-effective the contractor’s claim based on at least properly submitted to and streamlined environment. As the unlicensed status. arbitration and decided upon by a forum, however, arbitration is Because the contractor was the panel. The Third District certainly not without a downside unlicensed, the owner’s position Court of Appeal noted the “very for some, particularly those dealing was two-fold: (i) the contract and narrow” authority trial courts have with unlicensed contractors, as its arbitration provision were in vacating arbitration awards and recently highlighted by The Village unenforceable; and (ii) the lien affirmed the trial court. Simply of Dolphin Commerce Center, LLC based on the contract was equally put, “[t]o ask the trial court to v. Construction Service Solutions, unenforceable. In response to the revisit this issue would require the LLC, 2014 WL 2116361, (Fla. owner’s circuit court action, the trial court to step into an appellate 3d DCA May 21, 2014). contractor moved to compel position.” Dolphin Commerce, 2014 In Dolphin Commerce, an owner arbitration, which was granted by WL 2116361, at *3. But for hired a contractor to build a the trial court. The parties then narrow bases, trial courts lack warehouse. At the time of the proceeded to arbitrate. authority to re-litigate the issues contract, the contractor was not During arbitration, the owner presented and decided in arbitration, properly licensed under Chapter asserted the contractor’s lack and here, the enforceability of the 489, Florida Statutes. During of licensure as a defense as set contract despite licensure issues construction of the warehouse, forth by section 489.128 but had already been decided by the disputes arose, the contractor apparently failed to object to arbitration panel. claimed to be unpaid, and a the arbitration panel’s jurisdiction Dolphin Commerce serves as a construction lien was ultimately to hear the issue. Under the bright-line reminder for parties recorded. The contractor also filed Construction Industry Arbitration of the limited appealability of a demand for arbitration based Rules of the American an arbitrator’s decision and that on its contract. In response to the Arbitration Association, a party failing to object to the jurisdiction arbitration demand, the owner must object to the jurisdiction of the arbitrator may ultimately asserted the defense of section of the panel at the outset, or waive this defense (even if it was 489.128(1), Florida Statutes, which the panel is deemed to have presented at provides “contracts entered into ... jurisdiction. See Rule 9(c), AAA. arbitration). by an unlicensed contractor shall be The contractor prevailed at unenforceable in law or in equity arbitration and sought to confirm by the unlicensed contractor.” its award in circuit court. The Author: Moreover, as raised by the owner, owner moved to vacate the award J. Derek Kantaskas where “a contract is rendered on several grounds, but namely - Carlton Fields unenforceable under this section, because the underlying contract Jorden Burt, P.A.

32 SEPT - OCT 2014 | HCBA LAWYER Hillsborough County Bar Association 100 Club Law firms with 100% membership in the HCBA

12th Judicial Circuit Court Friedman Law Associates P.L. Nicholas & Bell, P.A. 13th Judicial Circuit Court Friscia & Ross P.A. Petitt Wolfe Craine Worrell LLC 2nd District Court of Appeals Fuentes & Kreischer, P.A. Ramirez Law Firm Addison & Howard, P.A. Fulgencio Law Rardon & Associates, P.A. Alley Clark & Greiwe Gallagher Keenan, P.A. Richard A. Harrison, P.A. Ansa Assuncao, LLP Galloway, Johnson, Tompkins, Burr and Smith Rieth & Ritchie, P.A. Anthony J. LaSpada P.A. Gardner Brewer Martinez-Monfort, P.A. Robert E. Morris, P.A., Attorneys at Law Anton Castro Law Gaylord Merlin Ludovici & Diaz Robert G. Kipp, P.A. Austin, Roe & Patsko, P.A. Genders-Alvare,-Diecidue, P.A. Rocke, McLean, & Sbar, P.A. Baccarella & Baccarella, P.A. George & Titus, P.A. Roig, Tutan, Rosenberg, Martin, & Stoller, P.A. Baird Law Group Gibbs & Parnell, P.A. Rotella Legal Group, P.A. Bajo | Cuva | Cohen | Turkel, P.A. Gomez & Touger, P.A. Rumberger, Kirk & Caldwell, P.A. Barbas, Nunez, Sanders, Butler & Hovsepian Gunn Law Group Saady & Saxe, P.A. Barker, Rodems & Cook, P.A. Harmon,Woods, Parker & Abrunzo, P.A. Saxon, Gilmore, Carraway & Gibbons, P.A. Barnett, Bolt, Kirkwood, Long & McBride Harris and Hunt, P.A. Schropp Law Firm Bay Area Legal Services Plant City Harvey Schonbrun, P.A. Scott A. Haas, P.A. Bay Area Legal Services Wimauma Hillsborough County Attorney’s Office Sessions Fishman Nathan & Israel, LLP Beltran Litigation, P.A. Hill Ward Henderson Sessums Law Group, P.A. Bivins & Hemenway, P.A. Himes & Hearn, P.A. Seth Nelson, P.A. Boss Arrighi Hoag, P.L. Holcomb & Leung, P.L. Shawn Harrison Associates, PLLC Bowes Law Group James P. Knox, PLLC Silver & Agacinski Brandon Family Law Center, LLC Johnson & Cassidy, P.A. Spector Gadon & Rosen Brandon Legal Group, P.A. Jorgensen & Ozyjowski, P.A. Stichter, Riedel, Blain & Prosser, P.A. Brannock & Humphries, PA Joryn Jenkins & Associates, P.A. Stuart & Strickland, P.A. Brennan, Holden & Kavouklis, P.A., Attorneys at Law Judd Bean Law Tampa Law Advocates, P.A. Brett Hendee, P.A. Keys & Coakley, P.L. Terrana Perez & Salgado, P.A. Bricklemyer Law Group Kynes Markman & Felman, P.A. The Bleakley Bavol Law Firm Broad and Cassel Langford & Myers, P.A. The Bleakley Law Firm Buell & Elligett, P.A. Law Office of Christine L. Derr, P.A. The Fernandez Firm Burr & Forman Law Office of J. Armando Edmiston The Plante Law Group, PLC Bush Ross Law Office of Michael J. Winer, P.A. The Thorpe Law Firm, P.A. Butler Pappas Weihmuller Katz Craig, LLP Law Office of Philip S. Wartenberg The Yerrid Law Firm, P.A. Caglianone, Miller & Associates Law Office of Robert M. Geller Thomas & LoCicero PL Carlton Fields Jorden Burt, P.A. Law Offices of Andrew Shein Thompson & Brooks Carman & Bevington, P.A. Lennox Law, P.A. Thompson Legal Center LLC Cheeseman & Phillips, P.A. Leon & Berg, P.A. Thompson, Sizemore, Gonzalez & Hearing, P.A. Clark & Martino, P.A. Lieser & Skaff, P.L. Timothy G. Anderson, P.A. Clerk of the Circuit Court’s Office Mac A. Greco, Jr., P.A. Todd Foster, PLLC Conwell & Kirkpatrick, P.A. Maney, Damsker, Jones & Kuhlman, P.A. Trentalange & Kelley, P.A. Conwell Business Law, P.A. Manson Bolves P.A. Trombley & Hanes, P.A. Cortez Hodz Family Law and Mediation, P.A. Marlowe McNabb, P.A. Valkenburg & Velez, P.A. Culpepper Kurland Mason Black & Caballero P.A. Vecchio, Carrier, Feldman & Johannessen, P.A. Dandar & Dandar Masten Peterson & Denbo, LLC Wagner, Vaughan & McLaughlin de la Parte & Gilbert, P.A. Matthews Bowen Walk Law Firm, P.A. DeCort & Kirkner P.L. McCalla Raymer, LLC Walters Levine Klingensmith & Thomison, P.A. Dixon & Associates McIntyre, Panzarella, Thanasides, P.A. Weekley, Schulte & Valdes LLC Dogali Law Group, P.A. Mechanik Nuccio Hearne & Wester, P.A. Wetherington, Hamilton, P.A. Donica Law Firm, P.A. Meirose & Friscia, P.A. Wiand Guerra King Fernandez & Hernandez, LLC Michael D. Fluke, P.A. William A. Knight, P.A. Finebloom & Haenel, P.A. Michael P. Maddux, P.A. Willis Law Firm, P.A. Fiol Law Group, P.A. Mike Murburg, P.A. Yanchuck, Berman, Wadley and Zervos, P.A. Fletcher & Fischer P.L. Morgenstern & Herd, P.A. Yanger Law Group, P.A. Florida Law Group, LLC Nader Mediation Services Young Scanlan, LLC

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

SEPT - OCT 2014 | HCBA LAWYER 33 AGENCIES TARGET BUSINESS USE OF SOCIAL MEDIA Corporate Counsel Section Chairs: Michael Stein - CNA Insurance; and John W. Bencivenga - PMSI, Inc.

FDA, that meant apparent from the products were the context of the being marketed communication.”2 as “drugs,” as Entering the defined and contest, the FTC regulated by the wrote, “constitutes agency. This a material was a problem connection that because the would not Zarbee’s products reasonably be were not FDA- expected by usinesses, be careful approved. viewers of the when using social media Although the A single mouse click endorsement.” in your marketing company website could prompt a Although the activities. A single mouse acknowledges the FTC decided Bclick intended to appreciate a lack of FDA federal investigation. not to bring an customer’s kind words could approval, the enforcement prompt a federal investigation. agency demanded action against This summer, a maker of natural that Zarbee’s Cole Haan, cough syrups and sleep aids learned identify “specific steps you have the letter marked the FTC’s first the Food and Drug Administration taken to correct the violations public indication that a consumer’s has been reviewing the company’s noted” in the FDA’s letter. entry into a contest amounts to a website and social media pages. The FDA is not the only federal “material connection” that must be In a “warning letter,”1 the FDA agency monitoring businesses on disclosed. The letter was also the scolded the company, Zarbee’s Inc., social media. The Federal Trade FTC’s first explicit determination for a number of online statements. Commission investigated that a display on Pinterest is an The FDA also faulted the company shoemaker Cole Haan’s activities endorsement. Therefore, the FTC for “liking” its customers’ Facebook on Pinterest, a social media site letter — like the FDA’s letter to posts. One post said a Zarbee’s used to share and view images. Zarbee’s — is a warning to product gave a child with cerebral According to the FTC, Cole Haan businesses to consider federal law palsy the “best sleep she has had in encouraged Pinterest users to when encouraging or responding years.” A Zarbee’s employee “liked” display images of Cole Haan shoes to social media posts about that comment and responded, and the users’ “favorite places to their products. “Thank you for writing this!!! We wander.” Cole Haan promised a love to hear that we have helped $1,000 shopping spree for the user 1 http://www.fda.gov/ICECI/ people.” Another customer posted with the most creative entry. The EnforcementActions/WarningLetters/ that, after taking a Zarbee’s FTC alleged that the displays 2014/ucm403255.htm. product, a 2-year-old’s colds and amounted to product endorsements 2 http://www.ftc.gov/system/files/ congestion cleared up in two days. without adequate disclosures that documents/closing_ Zarbee’s “liked” that post, too. the displays were part of a contest. letters/cole-haan- The company’s politeness, In a letter this spring to a Cole inc./140320cole the FDA found, amounted to Haan lawyer, the FTC said federal haanclosingletter.pdf. endorsing or promoting “personal law “requires the disclosure of a testimonials” about its products material connection between a Author: “for the cure, mitigation, treatment marketer and an endorser when James B. Lake - or prevention of disease.” To the their relationship is not otherwise Thomas & LoCicero

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34 SEPT - OCT 2014 | HCBA LAWYER v SEPTEMBER 11 Membership Luncheon at Hilton Tampa Downtown v OCTOBER 30 Bench Bar Conference, Membership Luncheon & Judicial Reception at Hilton Tampa Downtown v JANUARY 22 Membership Luncheon at Hilton Tampa Downtown v MARCH 21 Judicial Pig Roast/Food Festival & 5K Pro Bono River Run

Learn more about HCBA events at www.hillsbar.com.

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SEPT - OCT 2014 | HCBA LAWYER 35 A FREEDOM-DESTROYING COCKTAIL: UNCORROBORATED ANONYMOUS TIPS Criminal Law Section Chair: Matt Luka - Trombley & Hanes, P.A.

sufficient the intoxicant’s reliability,” id. at impairing effects 1688 (quoting on the body — Alabama v. effects that no White, 496 U.S. mere act of the 325, 330 (1990)), will can resist.” the court Id. at 1697. nevertheless Scalia concluded: upheld the “To prevent and anonymous tip Justice Scalia dissented detect murder by distinguishing we do not allow hen man bites dog, its decision in from Justice Thomas’ searches without it’s news. See Florida v. J.L., opinion for the court, probable cause Bartlett’s Familiar where the or targeted Terry Quotations 554 court held an approving an stops. We should (JustinW Kaplin ed., Boston, London, anonymous uncorroborated anonymous not do so for and Toronto: Little, Brown 16th bare-bones tip tip as the basis for a drunken driving ed.) When Justices Antonin Scalia “that a young either.” Id. and Clarence Thomas write male in a plaid traffic stop and search. This case opinions on opposite sides of an shirt standing at marks a issue, that’s news, too. a bus stop was potentially In the recent case of Navarette v. carrying a gun” significant California, 134 S. Ct. 1683 (2014), was not sufficiently reliable to change in Fourth Amendment Justice Scalia dissented from Justice support a search. Id. (contrasting precedent in Florida. According Thomas’ majority opinion Florida v. J.L., 529 U.S. 266, to Scalia, Navarette lowers the upholding an anonymous tip as the 268 (2000)). justification necessary for police basis for a traffic stop and search. In his dissent, Justice Scalia intrusion. And Florida Fourth Justice Scalia’s dissent — joined by principally focused on the fact that Amendment decisions must confirm Justices Ginsburg, Sotomayor, and the anonymous tip was, in his view, to Supreme Court pronouncements. Kagan — harshly criticized the completely uncorroborated by the Art. I, § 12, Fla. Const. see also majority’s decision, even referring arresting officer, rightly pointing Baptiste v. State, 995 So. 2d 285, to it, in classic Scalia-esque style, as out that if the officer had observed 296-97 (Fla. 2008) (relying on a “freedom-destroying cocktail,” a single violation of the traffic laws, Florida v. J.L., 529 U. S. 266 (2000) consisting of ... “patent falsity.” Id. “this case would not be before us.” in holding that anonymous tip did at 1697. Id. at 1696 (citing Whren v. United not provide reasonable suspicion Navarette arose from an States, 517 U.S. 806, 810 (1996)). justifying investigative stop). Thomas anonymous tip — phoned in by a But Justice Scalia saved perhaps his and Scalia, however, rarely disagree motorist via 911 — claiming that harshest criticism for the majority’s on such issues, which makes another car had run her off the reasoning that the lack of Navarette very unusual and leads road. The tipster provided a additional suspicious conduct (i.e., one to wonder who was right: description of the car but otherwise corroboration) is “hardly surprising” Justice Thomas remained anonymous. The — and thus “largely irrelevant” — or Justice Scalia. California Highway Patrol responded because drunk drivers may drive to the tip but did not corroborate it “more carefully” to avoid detection: before stopping the car for suspicion “That is not how I understand the Author: of driving under the influence. influence of alcohol. I subscribe to Joseph A. Eustace While conceding an “anonymous the more traditional view that the Jr. - Anthony J. tip alone seldom demonstrates dangers of intoxicated driving are LaSpada, P.A.

Connect with your colleagues at the Criminal Law Luncheon on September 24. Call (813) 221-7777.

36 SEPT - OCT 2014 | HCBA LAWYER SEPT - OCT 2014 | HCBA LAWYER 37 HCBA Installation of 2014-2015 Officers & Directors Hillsborough County Bar Association President Benjamin H. Hill IV and the 2014-15 Board of Directors were sworn in on June 5 at the Chester H. Ferguson Law Center. Hill’s father and former HCBA President Benjamin Hill III introduced him, while the rest of his family and many from his firm stood by in support. Chief Judge Manuel Menendez Jr. administered the oath to the incoming HCBA board, as well as Young Lawyers Division President Anthony D. Martino and the YLD board. Outgoing HCBA President Susan Johnson-Velez thanked all of those who had advised and supported her during her term, and she awarded President-Elect Carter Andersen with the James M. “Red” McEwen Award, which recognizes outstanding service and contributions to the president and the HCBA. Outgoing YLD President Jacqueline Simms-Petredis also recognized those who had helped during her term and presented YLD board member Jason Whittemore with the YLD President’s Award. The HCBA would like to thank C1 Bank for sponsoring the installation this year.

38 SEPT - OCT 2014 | HCBA LAWYER SEPT - OCT 2014 | HCBA LAWYER 39 MURPHY LAW

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40 SEPT - OCT 2014 | HCBA LAWYER THE BENEFITS OF PRO BONO WORK Diversity Committee Chairs: Amanda B. Buffinton - Bush Ross, P.A.; and Jessica Goodwin Costello - State Attorney’s Office

stepfather. You cases. Knowing were then raped If every lawyer actually very little repeatedly by knew what a difference about juvenile your stepfather dependency, until you got this decision made every document, pregnant. At 15, in my client’s life, hearing, and you gave birth process was a to a boy as a everyone would take on challenge. One result of this a pro bono case today! of the most rape. Once the satisfying days baby was born, of my career was o many times we hear DNA supported when I heard the about how pro bono work what you knew all along, that your judge state in open court that it gives us the benefit of stepfather was the child’s biological was in the manifest best interests feeling good about what father. Your stepfather was arrested of the minor child to terminate Swe do and provides us with an and took a plea deal. He was the parental rights of my client’s opportunity to explore a new area sentenced to serve five years in rapist. As my client and I walked of law. The truth of the matter is prison, but his parental rights were down the courthouse hall beaming, that very seldom do lawyers want not terminated. You moved to while others just casually looked to venture out of their comfort another county, determined to put at us, I thought: If every lawyer zone, preferring to take on pro this behind you. Four years later, actually knew what a difference bono cases in their areas of you learned that in less than a year, this decision made in my client’s practice. Their reasoning makes your stepfather is scheduled to be life, everyone would take on a pro sense. First, if they know what released and has already boasted bono case today! they are doing, they can obtain to family members that, when he Not only will the work be better results for the client. Second, is released, he desires to come and satisfactory, but also through your if they are well versed in the area visit his only son. He has told work and dedication to causes that of law, the resolution of the case everyone in your family that he fully you believe in, you will have the will take less time, which will intends to exercise his parental rights. opportunity to meet judges and allow the lawyer to get back to You are desperately seeking an lawyers in a different area of law his or her billable work sooner. attorney but cannot afford one. You who may assist with your own However, for those who take a need a legal advocate to come in practice in chance and actually venture out and move to terminate the parental the future. of their comfort zone, the rewards rights of your rapist so that you can are many. move on and your son will never Author: Imagine that you are a 20-year- know how he was conceived, but Victoria Cruz- old single mom. When you were instead how much you love him. Garcia - Tampa 14, you moved to another home Sound extreme? Not really; this Hispanic Bar to live with your mother and new was one of my recent pro bono Association

Start planning your own pro bono project in celebration of Pro Bono Week — October 19-25.

SEPT - OCT 2014 | HCBA LAWYER 41 The Tampa Bay Catholic Lawyers Guild YLD Holds Cordially Invites You Judicial to Attend Appreciation THE RED MASS For Lawyers, Judges, Legal Luncheon Staff & Law Enforcement The HCBA Young Lawyers Division To be celebrated on Thursday, October 23, 2014, featured Chief Judge Manuel 12:00 Noon – 1 PM Menendez Jr. as the guest speaker at at its Judicial Appreciation Luncheon Sacred Heart Catholic Church on May 29. Many young attorneys and 509 N. Florida Avenue, judges were in attendance as the chief Downtown Tampa, Florida gave a “State of the Courts” address. Also at the luncheon, the YLD awarded Jeff OPEN TO MEMBERS Wilcox with the HCBA’s Outstanding Young Lawyer Award, and Melanie Griffin, OF ALL FAITHS president of The Florida Bar YLD, discussed CONCELEBRATED BY how HCBA YLD members could get more BISHOP ROBERT LYNCH active at the state level. The YLD appreciates and the support of the luncheon sponsor: C1 Bank! FR. TIM CORCORAN, FORMER FLORIDA BANKRUPTCY JUDGE

The Red Mass for Lawyers, Judges and Legal Staff is an annual tradition with origins dating back to the 13th Century. It is a celebration that invokes the guidance of the Holy Spirit on the deliberation of the Courts and on the endeavors of all members of the legal profession. This tradition continues to this day as the United States Supreme Court celebrates this Mass annually prior to each new session. The celebrant, Bishop Robert Lynch is inviting all judges of the Sixth and Thirteenth Judicial Circuits of Florida and the federal Middle District of Florida as guests of honor and to participate in procession with him in judicial robes at the start of the liturgy. Lunch for all Judges will follow the Red Mass. Questions? Please call: Karl Stevens, President, Tampa Bay Catholic Lawyers Guild, at (813) 988-0824

42 SEPT - OCT 2014 | HCBA LAWYER THE ELDER LAW SECTION — BUILDING ON A SUCCESSFUL FIRST YEAR Elder Law Section Chairs: Elizabeth P. Allen - Gibbons, Neuman, Bello, Segall, Allen & Halloran; and Debra L. Dandar - Tampa Bay Elder Law Center

programs such as We welcome QI-1, SLMB, suggestions for and QMB. Dale This year, we plan to speakers or Smrekar, a continue providing you topics, and we certified with exciting speakers also welcome appraiser, will submission of speak to us who will address a articles for concerning number of topics that publication in the probate estate Lawyer magazine. appraisal and are near and dear to us We appreciate liquidation. as elder law attorneys. your ideas and s summer draws to a Other speakers your participation. close, we wish to and topics we are Please watch welcome you to lining up include for upcoming another exciting year a nursing home long-term care announcements regarding the dates forA the Hillsborough County Bar ombudsman to discuss rights and of our luncheon meetings and topics. Association Elder Law Section. As remedies available for nursing Networking begins at 11:30 a.m. co-chairs of the Elder Law Section home residents; professors from before each meeting, with luncheons this year, we wish to thank Jack Stetson Law School to address VA beginning at noon. All luncheons Rosenkranz for the tremendous benefits update and advocacy skills will be held in the Chester H. effort put forth by him resurrecting in the administrative hearing Ferguson Law Center, 1610 N. the Elder Law Section last year. context; an expert in Medicare Tampa St., Tampa FL 33602. He did a terrific job of lining up benefits to speak on important So please join us at our meetings, informative speakers who provided information that all elder law and if you have suggestions, please relevant and timely information. attorneys should know; and past feel free to contact Elizabeth We thank Jack for his efforts, and chair Jack Rosenkranz to provide Allen at [email protected] this year, we plan to continue tips and tricks for innovative elder or (813) 877-9222, or Debra L. providing you with exciting speakers law researching options. Dandar at Debra.Dandar@ who will address a number of topics In addition to informative TampaBayElderLawCenter.com that are near and dear to us as elder speakers and the opportunity to or (813) 282-3390. We look law attorneys. Elder law attorney obtain continuing legal education forward to working with you to Rebecca Bell will provide us with an credits, the section meetings also make 2014-2015 another outstanding update on Medicaid Managed Care provide a unique opportunity to year for the Elder Law Section. implementation in Florida. Travis discuss your difficult cases with Finchum, a co-trustee of Guardian other elder law attorneys and talk Authors: Elizabeth P. Allen - Gibbons, Pooled Trust, will present on the about recent and anticipated Neuman, Bello, Segall, Allen & topic of special needs trusts and changes in rules and federal and Halloran; and Debra L. Dandar - lesser-understood Medicaid state laws. Tampa Bay Elder Law Center

Ask-A-Lawyer at the Library

Attorney Adam Cordover and CPA Sonya Johnson took time out of their busy schedules to give a pro bono presentation on the collaborative divorce process at the Jimmie B. Keel Regional Library on May 28. Cordover, a member of the HCBA’s Lawyer Referral & Information Services, and Johnson discussed the benefits of collaboration for couples who want to work toward a solution versus fighting it out in court. The HCBA appreciates all the professionals who volunteer for our Ask-A-Lawyer Library Series!

SEPT - OCT 2014 | HCBA LAWYER 43 FULL COMPENSATION VS. JUST COMPENSATION Eminent Domain Section Chair: Kenneth Pope - Hillsborough County Attorney’s Office

In contrast, Florida law Florida requires Attorneys representing requires the the payment payment of of full either landowners or attorneys’ fees compensation condemning authorities and costs in for accordance with in eminent domain governmental sections 73.015, takings of settlement proceedings 73.092, and property. The should be prepared to 73.093, Florida determination Statutes. of full address the value of the Attorneys he Florida Constitution compensation specific property in representing requires that “requires that either landowners condemning authorities courts take terms of both its market or condemning in Florida pay “full into account value and the cost of authorities in compensation”T when taking all facts and eminent domain its loss to the owner. privately owned property for public circumstances settlement use. Art. X, § 6(a), Fla. Const. which bear a proceedings The federal government, on the reasonable should be other hand, requires the payment relationship to prepared to of “just compensation” for the loss occasioned an owner by address the value of the specific governmental takings. Although virtue of his property being taken.” property both in terms of its market the legal term differs by one Behm v. Dep’t. of Transp., 383 So. 2d value and the cost of its loss to word, the difference Florida’s 216 (Fla. 1980) citing Jacksonville the owner. Some factors may seem requirement makes for private Expressway Auth. v. Henry G. obvious, such as access, visibility, property owners and condemning DuPree Co., 108 So. 2d 289, 291 and easements. Other factors authorities can be significant. (Fla. 1959). Thus, Florida courts require anticipation of future “Just compensation,” as required look at the value of the property consequences after the taking is by the federal Constitution, is and the associated cost of its loss. completed. For example, property calculated by determining the In addition to full compensation, owners may not be able to rebuild market value of the property at the Florida law requires additional accessory structures, such as storage time of its taking. Olson v. United types of compensation to be paid sheds or signs, on the remainder States, 292 U.S. 246, 255 (1934). for takings as set out in section due to a reduced lot size or changes That is, the condemning authority 73.071, Florida Statutes; Id.; see also in zoning or building regulations. is required to pay the “amount that Jamesson v. Downtown Dev. Auth., Although not every item a creative in all probability would have been 322 So. 2d 510, 511 (Fla. 1975). attorney can imagine will be arrived at by fair negotiations Compensation must include the compensable, the most effective between an owner willing to sell value of the property plus attorneys will be those most and a purchaser desiring to buy.” severance and/or business damages prepared to Id. at 257. Although there is no caused by loss of the property if address potential precise formula, the calculation of less than the entire property is damages requiring market value should calculate “all taken and certain statutory criteria full compensation. considerations that fairly might be are met. § 73.071, Fla. Stat. brought forward and reasonably Removal or relocation expenses Author: Angela B. be given substantial weight in such incurred by mobile home owners Rauber, Angela B. bargaining.” Id. may be required. Id. In addition, Rauber, P.A.

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44 SEPT - OCT 2014 | HCBA LAWYER Hold your next meeting at the Chester H. Ferguson Law Center

The Chester H. Ferguson Law Center is an ideal location with a variety of rooms to meet your needs. Reserve for a day or for a few weeks. Wagner Lounge Convenient to downtown Tampa, the Ferguson Law Center has many amenities: • Six conference rooms of varying sizes • Complimentary AV equipment and Wi-Fi • Free, street-level parking

“Wonderful facility! Rave reviews when I survey Gillen Mediation Room my participants about the location. Plenty of free parking, beautiful spacious rooms with all amenities…” – Janelle Walkley, The Settlement Center, CME/CLE Training Provider

Chester H. Ferguson Law Center 1610 N. Tampa Street, Tampa, FL 33602 Smith Board Room

Trenam Kemker Conf. Room Yerrid Conference Center Stiles Conference Room Reserve your space today. Call (813) 221-7777 or email [email protected].

SEPT - OCT 2014 | HCBA LAWYER 45 46 SEPT - OCT 2014 | HCBA LAWYER

HEALTH PROGRAM INTEGRITY: COLLABORATION AND DATA ANALYTICS Health Care Law Section Chairs: T.J. Ferrante - Carlton Fields Jorden Burt, P.A.; and Sara Younger - BayCare Health System

self-reporting to share successful program in anti-fraud November 2005 The true size and scope practices and and named it the of many suspected FWA effective Special methodologies Investigation cases is initially and strategies Resource difficult to assess. for detecting and Intelligence preventing health System (SIRIS). care fraud.” The concept Saccoccio behind SIRIS was to establish a also addressed the issue on the n February 26, 2014, forum where all interested parties, reluctance of private payers to the U.S. Department public and private, simply share share information. He noted the of Justice (DOJ) issued basic case-related information. existence of immunity statutes for a health care However, many private payers reporting fraud to federal officials Ofraud/waste/abuse (FWA) news were reluctant to enter provider but none between private payers. release outlining its record-breaking information into SIRIS. In fact, Essentially, in his opinion, the results for fiscal year 2013. The since its inception, only 40 percent lack of immunity inhibits program figure was $4.3 billion, and these of all private payers contribute integrity objectives, and as a result, results were attributed to multiple information, but 95 percent review he urged lawmakers to pass new program integrity initiatives. the database in an effort to gather legislation to expand immunity to Contained in the release was praise intelligence on their cases. resolve this concern. for the Health Care Fraud Efforts to foster collaboration Ultimately, interested parties Prevention and Enforcement Action between all interested parties took know the futility of relying Teams (HEAT), as well as DOJ’s another major step in July 2012, primarily on a traditional focus on False Claims Act (FCA) with the launch of the Healthcare fragmented pay-and-chase model. cases. Near the end of the Fraud Prevention Partnership For example, $4.3 billion represents announcement was a reference to (HFPP). HFPP is a joint program less than 5 percent of the total “historic efforts with the private overseen by DOJ and the annual FWA, conservatively sector to bring innovation to the Department of Health & Human estimated at $90 billion. Instead, fight against health care fraud.” Services and takes the concept there is a recognition that an This mention of innovation started with SIRIS and expands effective program integrity not only relies heavily on public-private it significantly. includes HEAT and FCA activities collaboration with an emphasis Louis Saccoccio, the chief but also expands collaboration on information and data sharing. executive officer of NHCAA, across public-private sectors. These Notably, there is no universal testified before a Senate committee efforts are centered on a data-driven national database that includes all in March in support of HFPP. approach where improper or claims data. From a pure program During the hearing on “Preventing fraudulent claims are either stopped integrity perspective, this presents Medicare Fraud,” he defined the pre-payment or quickly identified a risk since most providers are charter for this new program: post-payment and recovered. As conducting business with a mix of • “To engage in value-added a result, this movement toward public-private payers. Thus, the data-exchange studies between collaboration and data-driven true size and scope of many the public and private sector program integrity suspected FWA cases is initially partners. will continue to difficult to assess. • To leverage analytic tools and expand into the The National Health Care technologies against this more foreseeable future. Anti-Fraud Association (NHCAA) comprehensive data set. recognized this vulnerability and • To provide a forum for business Author: Clark J. took the initiative to address this and government leaders and Bolton - CJ Bolton gap by creating a voluntary subject matter expert members & Associates

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SEPT - OCT 2014 | HCBA LAWYER 49 50 SEPT - OCT 2014 | HCBA LAWYER INTELLECTUAL PROPERTY PITFALLS IN CORPORATE TRANSACTIONS Intellectual Property Section Chairs: Jeff Fabian - Shumaker, Loop & Kendrick, LLP; and Mindi Richter - Shumaker, Loop & Kendrick, LLP

owns the IP it understand all purports to own. open-source Unlike with tangible IP issues present software used in assets, this is a unique challenges in the business and complicated issue the context corporate review the with respect to IP. corresponding A combination transactions. licenses to of in-depth due understand what diligence and strong obligations may representations and be imposed by warranties in the contract will such licenses. s IP practitioners, we comfort the buyer on this issue. IP Corporate transactions may be may be asked to assist specialists may be asked to assist structured as a “carve-out,” which our colleagues in with both. The due diligence means a subsidiary or a business navigating complex process depends in part on the type division is being sold — rather than IPA issues related to corporate of IP at issue. If any IP has been an entire business enterprise. In transactions. The considerations created by independent contractors, those cases, it can be difficult to summarized below are issues that it is crucial to identify and review untangle the use of IP among the we may be generally aware of but the applicable contracts to ensure parties and ensure that the rights have never considered in connection that the independent contractor are properly conveyed. There may with a corporate transaction. properly assigned all rights to the be a need for transition services In an asset sale, corporate seller or the target company. It is between the target company/division attorneys need to analyze the equally important to confirm that and the selling entity. These services assignability of a seller’s contracts, all IP created by the seller’s or may flow in either direction some of which may be IP licenses. If target company’s founders has been depending on whether the IP the contracts contain restrictions on properly assigned. at issue is conveyed or retained. assignment, the consent of the non- Proprietary software products These licenses and transition assigning party may be required. present unique challenges in services arrangements are often The “default” rules concerning corporate transactions. Buyers need the subject of intense negotiation. assignment of IP licenses differ to understand the development As an IP specialist assisting in a from the treatment of many other process of the software and corporate transaction, it is critical contracts. Unlike most other whether or not open-source to understand the structure of contracts, if an IP license is silent software elements were used. the transaction and the totality of on assignability by the licensee, a As part of the diligence process, the situation to majority of courts have held that a buyers may consider conducting properly identify licensee’s rights are not assignable a third-party audit of the seller’s and address without the licensor’s consent. or target company’s source code. IP issues. In every corporate transaction, a However, depending on the size buyer must consider whether a target of the deal, the cost of doing this Author: Rachel company (in a stock sale or merger) may be prohibitive. If an audit is Marks Feinman, or a seller (in an asset sale) actually not conducted, the buyer should Hill Ward Henderson

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SEPT - OCT 2014 | HCBA LAWYER 51 52 SEPT - OCT 2014 | HCBA LAWYER Congratulations to Abraham Lincoln Award Winner!

The Tampa Bay American Inn of Court honored A. Woodson Isom Jr. with the 2014 Abraham Lincoln Award, which is given annually to the member who best exemplifies the goals of the inn in promoting legal excellence, civility, professionalism, and ethics in the practice of law. Isom joined the Tampa Bay Inn of Court in 1990 and has held leadership roles with the inn as its parliamentarian (1994-1995) and secretary (1995-1996). Since his admittance to The Florida Bar in 1975, he has served in many leadership roles with the Hillsborough County Bar Association, including service on the board of directors, executive counsel for the Trial & Litigation Section, chairman of the Medical-Legal Committee, and chairman of The Florida Bar’s Grievance Committee for the Thirteenth Judicial Circuit. Isom is also a founding member and former president of the American Board of Trial Advocates, Tampa Chapter. He is a graduate of the University of Florida, where he was a member of the Tau Chapter of Theta Chi. He obtained his law degree from Florida State University, where he was an editor for law review. Aside from these accomplishments, he served as a captain and avionics officer in the United States Air Force.

Health Care Law Section’s Afternoon with the Rays

The HCBA’s Health Care Law Section rallied for the Tampa Bay Rays on June 22 as the Rays took on the Houston Astros. Don’t miss out on all the fun to come! Join the Health Care Law Section by calling (813) 221-7777.

SEPT - OCT 2014 | HCBA LAWYER 53 DRUG SCREENING AND PUBLIC-SECTOR EMPLOYMENT Labor and Employment Section Chairs: DeeAnna Hayes - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; and Scott Silverman - Akerman LLP

giving some above, have contours to the held that across- shapelessness the-board of the Fourth job applicant Amendment’s testing is reasonableness unconstitutional.8 standard but In these cases stopping short against the City of providing a of Hollywood bulletproof standard and the City that employers could of Key West, s we all learned in law apply universally the trial courts school, the Fourth with certainty that determined Amendment protects their actions were the employers’ “[t]he right of the constitutional. As if the constitutional generic goals peopleA to be secure in their persons, Rather, as the in maintaining aspect of drug testing houses, papers, and effects, against Eleventh Circuit a drug free unreasonable searches and recently articulated, were not unwieldy workplace, seizures.”1 Although the Supreme the appropriate enough, there are also minimizing Court has indicated that the inquiry requires on-the-job Drug-Free Workplace Fourth Amendment applies to “a job-category-by- accidents, drug screening by public-sector category balancing Acts to contend with. maximizing employers, many individuals are still of the individual’s productivity, told to report to the lab for testing privacy expectations and maximizing either pre-employment, randomly, against the public confidence or after an accident.2 The question Government’s interests.”5 in the provision of public services is: Are these tests “reasonable” The Eleventh Circuit provided were insufficient to satisfy the within the meaning of the Fourth more guidance in 2013, in one Fourth Amendment. Similarly, Amendment or unconstitutional? case imposing an injunction on other federal circuit courts and As frequently occurs in our work, across-the-board drug testing of state courts have touched on the the short answer is “it depends,” all applicants for welfare assistance6 issue of drug testing job applicants, particularly with respect to and in another case rejecting a with similar outcomes.9 applicants and random testing. Florida Governor’s Executive Order Ultimately, because the The courts have grappled with the requiring suspicionless testing of touchstone of lawful drug testing concept of reasonableness in the all current employees.7 Notably, is the vague “reasonableness” public-sector employment context for the latter decision did not address standard, public employers would years. As if the constitutional aspect applicants. Thus, public-sector be wise to err on the side of caution of drug testing were not unwieldy employers may argue that there when it comes to determining enough, there are also Drug-Free is no binding precedent squarely which applicants or employees Workplace Acts to contend with.3 addressing suspicionless applicant should be required to participate Some public employers may confuse testing, and they would be right. in suspicionless drug testing. the statute’s approval of drug testing As of this date, there is no for some employees as a green light Supreme Court or Eleventh Circuit 1 U.S. Const. amend IV. to test all employees and applicants decision that expressly rules on the 2 Skinner v. Ry. Labor Execs. Ass’n, randomly or without suspicion. constitutionality of suspicionless 489 U.S. 602, 617 (1989). As the United States Constitution testing of all job applicants, although 3 § 440.102, Fla. Stat. Participation trumps the state statute on this issue, other courts have done so. In in the Chapter 440 Drug-Free this would be error. particular, two federal district court Workplace Act is voluntary, and The Supreme Court has issued cases in Florida, relying on the five decisions on drug testing,4 Supreme Court cases referenced Continued on page 55

54 SEPT - OCT 2014 | HCBA LAWYER DRUG SCREENING AND PUBLIC SECTOR EMPLOYMENT Judge Frank Inducted into Labor Continued from page 54 and Employment Law Section Hall of Fame compliance entitles the employer to a workers’ compensation policy discount. The Florida Bar’s Labor and Employment Law There is also a statute specifically Section honored former Chief Judge Richard applicable to public employers, and Harlan Frank, of the Second District Court of participation in that act is also Appeal, by inducting him into the Hall of Fame in voluntary. § 112.0455, Fla. Stat. 4 Skinner, 489 U.S. 602; Nat’l June. Judge Frank, who passed away in June Treasury Emps. Union v. Von Raab, 2012, had a long and distinguished career in Richard Harlan Frank 489 U.S. 656 (1989); Vernonia Sch. Hillsborough County and in a national context. (1926-2012) Dist. 47J v. Acton, 515 U.S. 646 (1995); Deborah Brown, an attorney with Thompson, Bd. of Educ. v. Earls, 536 U.S. 822 Sizemore, Gonzalez & Hearing, made the presentation of the Hall of Fame plaque to Frank’s (2002); Chandler v. Miller, 520 U.S. 305 (1997). wife, Pat Frank, who currently serves as the clerk of court for Hillsborough County. 5 Am. Fed’n of State, Cnty. and Mun. Frank practiced law in Washington, D.C., from 1953 until 1958, developing an expertise Emps. Council 79 v. Scott, 717 F.3d in labor law, which led to his working in appellate litigation for the National Labor 851, 867 (11th Cir. 2013). Relations Board. He maintained a private practice in Tampa from 1962 until January 4, 6 Lebron v. Dep’t of Child. & Fams., 1985, during which he represented numerous unions in both public and private litigation. 710 F.3d 1202 (11th Cir. 2013). 7 AFSCME, 717 F.3d at 873-75. He was appointed by then-Governor Bob Graham in 1985 to the Second District Court of Although Governor Rick Scott’s office Appeal. He served there for 14 years, was elected chief judge in 1994, and retired in 1999. petitioned the Supreme Court for Judge Frank was a member of The Florida Bar, Virginia State Bar, District of Columbia review of the latter decision, the Bar, American Bar Association, and the Hillsborough County Bar Association. During his Supreme Court declined to hear the professional career, he lectured at Stetson University College of Law, Florida State case on April 21. Scott v. Am. Fed’n of State, Cnty. and Mun. Emps. Council University College of Law, the University of Florida College of Law, and taught as an 79, 134 S. Ct. 1877 (2014). adjunct professor at the University of South Florida. 8 Voss v. City of Key West, 2014 The Labor and Employment Law Section Hall of Fame recognition is a posthumous WL 1883588 (S.D. Fla. May 9, 2014) honor, granted only after death. Individuals nominated have significant involvement in (King, J.); Baron v. City of Hollywood, both the section and the active practice of labor and employment law in Florida for a 93 F. Supp. 2d 1337 (S.D. Fla. 2000) (Ryskamp, J.) substantial portion of their career. 9 See, e.g., Lanier v. City of Woodburn, 518 F.3d 1147 (9th Cir. 2008); O’Keefe v. Passaic Valley Water Comm’n, 602 A.2d 760 (N.J. Sup. Ct. 1992), aff’d as moot, 624 A.2d 578 (N.J. 1993).

Authors: Brian Koji and Shaina Thorpe - Allen, Norton & Blue, P.A.

SEPT - OCT 2014 | HCBA LAWYER 55 INNOCENT SPOUSE RELIEF EXPANDED Marital & Family Law Section Chair: Kristin Kirkner - DeCort & Kirkner

s of September 16, 2013, the IRS has revised procedures The IRS will now give greater weight to proof of for spouses who wish economic hardship and abuse in marital situations. toA request equitable relief from tax liability under the innocent spouse rules. Significant changes were made to previous guidance, widowed, divorced, legally the date relief was requested; if at mainly that the IRS will now separated, or have lived apart for at the time the return was filed, the give greater weight to proof of least one year to limit their liability requesting spouse had reason to economic hardship and abuse for deficiencies on the joint return; believe that tax would be paid by in marital situations. (3) Allows joint return filers to avoid the other spouse; and if the innocent With these changes, more claims liability for unpaid amounts of tax spouse would suffer economic are being filed and taxpayers can shown on joint returns as filed, but hardship if relief wasn’t granted. move toward fitting into Rev. not paid, or allows joint return filers To obtain relief under these Proc. 2013-34’s more nuanced to avoid liability for a deficiency above provisions, make a timely considerations of the facts and that does not qualify for relief election on IRS Form 8857 no later circumstances. It’s also likely that under either Code Sec. 6015(b) — than two years after the IRS begins equitable relief will be granted more traditional innocent spouse relief — a collection process. Request for since the two-year limitation period or Code Sec. 6015(c) — allocation equitable relief of an unpaid liability has been lifted. Taxpayers may now of liability. must be made before the expiration consider whether the new criteria To be considered for relief, the of the period of limitations on favor a filing or revising a previous requesting spouse must have filed a collection of a tax liability, or request for innocent spouse relief. return for the year in which relief is generally within 10 years from When a couple file a joint return, sought, assets weren’t transferred assessment of the tax. When making each is jointly and severally liable between spouses as part of a claim for credit or for the full amount of tax on the fraudulent scheme, disqualified refund, the request couple’s combined income, assets were transferred, the spouse must be made the including any tax deficiencies seeking relief didn’t file a return later of three years assessed after an audit. To redress with intent to defraud, and liability from the date the this harshness of the joint/several from which the requesting spouse return was filed, or liability rule, the code was seeks relief is attributable to an item two years from the implemented to allow an innocent or underpayment resulting from the date the tax was spouse to request three types of nonrequesting spouse’s income. paid. relief provisions: (1) Relief to Generally, relief will be granted if “innocent spouses” who were the requesting spouse is no longer Author: Connie Rossi unaware of tax understatements married or hasn’t been a member and Briggs Stahl – attributable to the other spouse; (2) of same household at any time Stahl Consulting Allows joint return filers who are during a 12-month period ending Group, P.A.

56 SEPT - OCT 2014 | HCBA LAWYER ARBITRATION PROCEEDINGS ARE LIMITED BY FLORIDA STATUTE § 95.11 Mediation and Arbitration Section Chair: Hilary High - Hilary High, P.A.

stated that would fall under “[a]rbitration is An arbitration the definition of final and binding an adjudicator, on the parties. proceeding is within which Black’s Law The parties are the statutory term Dictionary defines waving the right as ‘[a] person to seek remedies “civil action whose job is to in court, including or proceeding.” render binding the right to trial decisions.’” Id. by jury.” Id. at 191. Additionally, the Significantly, rbitration agreements contract stated that the agreement the court found that section 95.03 can be considered to between the parties would not was an important factor in be a contractually “waive the application of any requiring that Florida’s statute of advantageous relevant state or federal statute limitations cannot be contracted alternativeA form of dispute of limitation” and that any claim away or diminished because resolution. Parties may enter into “which is time barred for any diminishing the statutory rights of arbitration agreements to prevent reason shall not be eligible for aggrieved parties would cause a lengthy civil litigation proceedings arbitration.” Id. The allegedly contract to be void. Additionally, and reduce costs. However, an harmful investments were made in allowing an indefinite period of arbitration clause may subsequently 2000, and the clients filed a claim time to pass prior to filing an be considered “fine print” by for arbitration for financial recovery arbitration claim would provide aggrieved parties who feel that they in 2005. a plaintiff with “an opportunity to entered into a contract without Raymond James filed a motion enforce an unfresh claim against a understanding that they were to dismiss because the claim was party who is left to shield himself agreeing to potentially limit the filed outside the four-year statute from liability with nothing more amount of their recovery, appellate of limitations provided for in than tattered or faded memories, review, discovery, fees, and section 95.11, Florida Statutes. misplaced or discarded records, and enforcement of judgments. The clients argued in response that missing or deceased witnesses.” Id. Arbitration can reduce exposure the “statute of limitations does not at 192. Therefore, the Supreme to the realm of civil litigation; apply to arbitration, but applies Court held “that Florida’s statute therefore, the Florida Supreme only to judicial actions.” Id. at 189. of limitations applies to arbitration Court was recently required to The Supreme Court engaged in because an arbitration proceeding address whether the civil statute statutory interpretation in order to is within the statutory term ‘civil of limitations applied to arbitration determine whether the definition action or proceeding’ found in agreements. In Raymond James of “civil action or proceeding,” section 95.011.” Financial Services v. Phillips, 126 under section 95.011, included Id. at 188. So. 3d 186 (Fla. 2013), an office arbitration proceedings. Id. at 190. manager “invested his clients’ assets The court analyzed various into allegedly non-diversified, high statutory provisions and Author: risk equities, which caused the determined that arbitration should Caroline Johnson investments to lose significant value.” have the same value as a civil Levine - Office of Id. at 188. The clients’ contract proceeding because “an arbitrator the Attorney General

Need to rent a room for your next mediation? HCBA members receive discounts on rentals at the Chester H. Ferguson Law Center. Call (813) 221-7777.

SEPT - OCT 2014 | HCBA LAWYER 57 58 SEPT - OCT 2014 | HCBA LAWYER SEPT - OCT 2014 | HCBA LAWYER 59 HELPING THOSE WHO HAVE DEFENDED OUR COUNTRY Military & Veterans Affairs Committee Chairs: Bob Nader - Nader Mediation Services; and Lt. Col. Christopher Brown - 6th Air Mobility Wing

subcommittees: local Veterans Pro Bono Court and other Services, veteran entities Education, and to link up a Mentoring. veteran in need The focus of mentorship or of the Pro guidance with a Bono Services current or former Subcommittee service member in is to provide free The initial goal the area. To foster legal services to is to develop a participation, the n the recent past, the veterans who meet subcommittee Hillsborough County Bar certain criteria, self-sustaining intends to develop Association has strived to set up a legal aid outreach program for a list of potential help veterans in the area clinic at the James needy veterans in the mentors through Ithrough the Military Liaison A. Haley Veterans local active-duty Committee. The committee, which Hospital (ideally area through the personnel, former was reactivated in October 2001, once a month), establishment of three or retired military attempted to provide some pro and develop personnel within bono services to needy veterans liaisons with other subcommittees: the HCBA, and in the area. Like most committees, local veteran Pro Bono Services, retired military its success depended on who was entities, such as members living in chairing the committee. As you the Wounded Education, and our community. know, we have a large veteran Warrior Project Mentoring. If you are population in Hillsborough County, and the MacDill interested in being whether active-duty service Transition a part of the team, members, military retirees, or those Assistance please contact one who previously served in the Armed Program, in an effort to reach those of us. A roster of lawyers, judges, Forces. Unfortunately, some in the most in need of services. civic leaders, and other individuals last category are homeless, some The function of the Education within the region who hopefully suffer from service-connected Subcommittee is to develop a cadre will become involved with this illnesses such as post-traumatic of subject-matter experts to teach transformed committee is being stress disorder, and many are in classes or otherwise assist veterans created. We are in the infancy dire need of legal services. on legal-related issues such as VA of reestablishing this important With that in mind, HCBA benefits and claims, elder law, credit committee and welcome not only President Ben Hill asked us to co- and consumer counseling, landlord- your assistance but also ideas chair and revamp the HCBA efforts tenant, and family law. Additionally, on how we can structure the to provide services and outreach to this subcommittee will offer at least committee to best serve our veterans under a revitalized and re- one CLE class during the Bar year veterans. It in an honor for us to named working group, the Military on topics such as the effects of post- chair the committee, and we look & Veterans Affairs Committee. traumatic stress disorder and how forward to working with you. The initial goal is to develop a to navigate veterans through the self-sustaining outreach program VA cl ai ms proces s. Authors: Bob Nader - Nader Mediation for needy veterans in the area Finally, the Mentoring Services; and Lt. Col. Christopher through the establishment of three Subcommittee will liaison with the Brown - 6th Air Mobility Wing

TO JOIN THIS COMMITTEE, CALL (813) 221-7777.

60 SEPT - OCT 2014 | HCBA LAWYER RESPONSIVENESS IS AN ETHICAL REQUIREMENT Professionalism & Ethics Committee Chairs: Joan Boles - Bay Area Legal Services; Caroline Johnson Levine - Office of the Attorney General

subsequently 1987), which submitted the clarifies that documents to The Professionalism and “a lawyer’s the client with Ethics Committee is willful refusal to several errors participate at all devoted to elevating contained in the disciplinary therein. The the practice of law to process when client corrected its highest aspirations. he is accused the errors and of misconduct returned the calls into serious documents to question the eriodically updating Davis. However, lawyer’s fitness clients regarding the Davis failed to make any for the practice of law.” status of their cases or corrections and failed to file the It is clear that it can be relatively responding to client documents and initiate the divorce easy for attorneys to make mistakes Prequests for information appears proceedings with the clerk of court. and find themselves in a disciplinary to be a deceptively simple task, In the interim, the patient’s dilemma. Therefore, it is important however, some lawyers have husband initiated the divorce and to assist attorneys before they travel difficulty maintaining this necessary filed the necessary paperwork. The down the road of unprofessionalism routine. Additionally, if a client files client attempted to contact Davis to and receive its resulting sanctions. a Florida Bar complaint asserting a draft a response to the divorce The HCBA Professionalism and lawyer’s failure to maintain contact, petition. However, Davis would not Ethics Committee is devoted to it can be a critical error for a respond to the client, and the client elevating the practice of law to lawyer to persist in the habit of was subsequently required to file a its highest aspirations. This unresponsiveness. In fact, the pro se response. The client filed a committee endeavors to promote Florida Supreme Court recently complaint with The Florida Bar, professionalism and ethical behavior disbarred an attorney for failure to and Davis failed to respond to Bar in the consciousness of all lawyers respond to requests for information inquiries and failed to attend her and members of the public and is in The Florida Bar v. Davis, 2014 disciplinary hearing. invested in publicizing and WL 2609210 (Fla. 2014). Several ethical rules require a participating in this circuit’s Local Kathleen Davis was retained by lawyer to act with diligence and Professionalism Panel, continuing the guardian and sister of an maintain communication with a legal education presentations, Alzheimer’s patient to obtain a client and The Florida Bar. The and assisting the Thirteenth divorce on the basis of spousal Supreme Court disbarred Davis Judicial Circuit’s efforts to develop abandonment. The client paid because she failed to participate professionalism programs. Please Davis $5,000. Initially, Davis in her disciplinary proceedings, consider joining this committee indicated that she would complete neglected a vulnerable client, and and connecting with its efforts to the necessary divorce paperwork retained client funds to the client’s maintain the legal profession’s within one week and submit it to disadvantage. In the Davis decision, highest ideals. the client for review. However, the Supreme Court restated its Davis delayed the divorce petition findings in The Florida Bar v. Author: Caroline Johnson Levine – for several months and Bartlett, 509 So. 2d 287, 289 (Fla. Office of the Attorney General

Did you know that you can now share links to your favorite Lawyer magazine articles online? Go to hcbatampabay.blogspot.com

SEPT - OCT 2014 | HCBA LAWYER 61 TENANTS WITH “PERPETUAL DOMINION” MAY BE ASSESSED AD VALOREM PROPERTY TAXES Real Property, Probate & Trust Law Section Chairs: Stephanie Adams Caldwell - Shutts & Bowen, LLP; Michael Kangas - Philip Baumann, P.A.

the lease the circumstances, the improvements By statute, property lessee effectively become county originally leased for a has the right to property.3 exercise perpetual By statute, term of 100 or more dominion over property years is considered to the property.”7 originally leased These rulings for a term of be owned by the lessee. are likely to have 100 or more an impact on long- years is term municipal considered to be owned by the leases throughout Florida, though ollowing two recent lessee.4 Thus, a legal battle ensued neither opinion indicates whether Florida Supreme Court when the property appraisers for the court would reach the same rulings, a tenant under Santa Rosa and Escambia counties conclusion with respect to leases a long-term lease of began assessing the tenants’ with substantially shorter terms Fmunicipal land is now considered leasehold interests as if the tenants but similar tenant rights and an owner and may be assessed ad owned the land and improvements. responsibilities. Other property valorem taxes on the land and The tenants argued at trial and appraisers may feel compelled to improvements constructed thereon. on appeal that they merely rented advance this right to tax land and At issue in Accardo v. Brown1 the land, did not own the improve- improvements subject to such leases and 1108 Ariola, LLC v. Jones2 was ments at the end of the lease, held as real property rather than personal whether the land and improvements leases for fewer than 100 years, and property in order to generate under long-term leases granted by therefore were not legal or actual additional revenue for their Santa Rosa County and Escambia owners of the land or improvements. respective counties. County were subject to ad valorem Ultimately, they argued they could real property tax rather than not have equitable ownership absent 1 Accardo v. Brown, 139 So. 3d 848 intangible personal property tax. the right to acquire legal title.5 (Fla. 2014). The properties at issue consist The First District Court of 2 1108 Ariola, LLC v. Jones, 139 So. largely of beachfront condominiums, Appeal disagreed and concluded 3d 857 (Fla. 2014). 3 single-family residences, and that the tenants were the equitable Accardo, 139 So. 3d at 849 at *1; 1108 Ariola, LLC, 139 So. 3d at 858. commercial parcels. The lands were owners of the properties because of 4 Accardo, 139 So. 3d at 853 (citing conveyed in the 1940s and 1950s the nature of their perpetual lease- Fla. Stat. § 196.199(7) (2005). by the United States to Escambia hold interests. Accordingly, the First 5 Accardo, 139 So. 3d at 853; 1108 County, which later leased some District held that because the tenants Ariola, LLC, 139 So. 3d at 859. of the lands to Santa Rosa County enjoyed substantially all of the 6 Accardo, 139 So. 3d at 849 (citing pursuant to 99-year leases, benefits of ownership, including the Accardo v. Brown, 63 So. 3d 798, 801- generally providing for automatic rights to construct improvements and 02 (Fla. 1st DCA 99-year renewals. Escambia and mortgage, rent, and convey their 2011)); 1108 Ariola, Santa Rosa then leased or subleased interests, their interests were subject LLC, 139 So. 3d at the properties under similar 99-year to ad valorem taxation.6 The 859 (citing 1108 Ariola, LLC v. Jones, renewable terms (collectively, Supreme Court affirmed the First 71 So. 3d 892, 893 “leases”) to private-party tenants or District’s decisions in both cases, (Fla. 1st DCA 2011)). subtenants (collectively, “tenants”) concluding that “[t]he interest of a 7 Accardo, 139 So. in order to develop the beachfront lessee under a perpetually renewable 3d at 856. land. The leases require tenants to lease is not materially different from pay rent during the lease term but the interest of a lessee under a lease Authors: do not include an option to purchase for a term of years providing the William J. Pokolsky the land or improvements at the right for the lessee to obtain title III and Derek end of the term. Each lease also for nominal consideration upon the Larsen Chaney - provides that upon termination of termination of the lease. In both Phelps Dunbar

62 SEPT - OCT 2014 | HCBA LAWYER INTRODUCING THE HCBA SECURITIES LAW SECTION Securities Law Section Chairs: Dominique Heller - Wiand Guerra King; and Jared Perez - Wiand Guerra King

important on securities exceptions, “any litigation, commitment We hope you will take including private of money or advantage of the securities fraud property claims and opportunities offered by principally litigation between induced by a the Securities Section investment representation and welcome your ideas professionals and that an their customers. economic concerning how we may Second, the benefit may better serve you. regulatory e are excited to be derived committee announce that from such will focus on the Hillsborough commitment.” enforcement County Bar Id. As such, and compliance AssociationW launched a Securities commercial litigators and other matters; its members hope to work Law Section beginning July 1. business practitioners who do not closely with pertinent regulators, This is the only section of its kind specialize in securities litigation including the Florida Office of in the greater Hillsborough and may nevertheless be interested in Financial Regulation, the Securities Pinellas County area. joining the Securities Section. and Exchange Commission, and Over the upcoming year, we In addition, because of this state’s the Financial Industry Regulatory will hold events such as luncheons relatively high population of retirees Authority. Third, if there is and CLE-accredited panel and elderly people, Floridians are all sufficient interest, the transactional presentations designed to provide too often the targets of investment committee will focus on securities learning and networking scams like Ponzi schemes. Such transactions, ranging from mergers opportunities for attorneys and scams tout consistent, market- and acquisitions to private and other professionals working in beating returns through stocks, public offerings. all aspects of the securities or bonds, partnership interests, and Each committee will be financial services industries. The more exotic revenue streams. The responsible for planning and hosting presentations will focus on current Securities Section plans to work at least one event per Bar year. issues in the securities litigation, with regulators and practitioners If you are interested in being a regulatory, enforcement, white- to develop content of interest to member of the Securities Law collar, and transactional arenas. practitioners who serve these Section or serving on a committee, Securities law may seem like a populations, including financial please contact one of the section specialized practice area, but its planners, elder law practitioners, co-chairs, Jared Perez or Dominique reach is broader than one might and trusts and estates attorneys. Heller. If you are interested in imagine. For example, the antifraud No matter your primary practice speaking or presenting at one of provisions of Florida’s securities area, we hope you will take our events this year or simply have laws apply not only to the purchase advantage of the opportunities a substantive topic you would like or sale of a security but also to offered by the Securities Law to learn more about, please let us “the rendering of any investment Section, and we welcome your know. With your help, we look advice.” § 517.301, Fla. Stat. That ideas concerning how we may forward to a productive and language encompasses traditional better serve you. Specifically, the educational Bar year. broker-dealer and investment Securities Law Section will have as adviser activity, but it is broad many as three committees. First, Author: Jared Perez – Wiand enough to reach, with some the litigation committee will focus Guerra King

TO JOIN THIS NEW SECTION, CALL (813) 221-7777.

SEPT - OCT 2014 | HCBA LAWYER 63 EXPLOITING TECHNOLOGY Solo & Small Firm Section Chairs: Jack Rosenkranz - Rosenkranz Law Firm; and James A. Schmidt - James A. Schmidt, P.A.

brand. It has first meeting. been built with This is possible years of hard Are you interested in because of work. Lawyers technology. fresh ideas, additional have always Potential clients relied on word resources, and often run a of mouth expanding your network? Google search referrals from on the prospective clients and attorney. colleagues to What would obtain new your clients find? ver breakfast at business. It is a very effective How much control do you have on Le Meridian Hotel, manner to grow your firm. Your information posted? Lawyers.com, James Schmidt and reputation for excellent work BestLawyers.com, SuperLawyers.com, I sat in the historic resulted in a new client seeking and Avvo.com are all tools that Oformer federal courthouse to plan advice from you. potential clients may review prior our upcoming year as co-chairs In the 1980s, there were few to choosing legal counsel. When of the Solo & Small Firm Section meaningful guides to direct lawyers was the last time you reviewed the of the Hillsborough County Bar or their potential clients to other information on those sites? What Association. We agreed that the lawyers. Martindale Hubble ratings can you post and not run afoul of goal this year will be to promote and inclusion in the Best Lawyers The Florida Bar ethics rules? development of our section book were strong endorsements in Although this is one issue of membership through educational an industry that traditionally technology, the section will be opportunities, networking, and shunned advertisements. Lawyers addressing many others. We are social events. would purchase listings in these planning to have four lunch CLE In the past, James revealed, publications to build and manage meetings this year and monthly educational opportunities for the lawyer’s reputation. Very little networking events. If you are a solo the year tended to focus on a information was readily available or small firm practitioner interested connected theme. After significant about the lawyer, which could not in fresh ideas, additional resources, discussion, we have decided that be controlled. and expanding your network, then technology would be the unifying Today, however, it is likely that consider joining our section. We educational theme. potential clients will know more look forward to hearing from you. Marketing, web pages, about the lawyer before they walk newsletters, and presentations build in the law firm door, than the Author: Jack Rosenkranz - Rosenkranz your exposure. Your name is your lawyer will learn from them in the Law Firm

RPPTL CLE

The Real Property Probate & Trust Law Section hosted a CLE luncheon on May 22 to go over regulatory and legislative updates. The guest speaker was James C. Russick, vice president and Florida state and governmental affairs counsel for Old Republic Title. The section would like to thank the luncheon sponsor:

64 SEPT - OCT 2014 | HCBA LAWYER SEPT - OCT 2014 | HCBA LAWYER 65 IRS MODIFIES OFFSHORE VOLUNTARY DISCLOSURE PROGRAM Tax Law Section Chairs: Brian R. Harris - Akerman LLP; Justin Klasky - Owens Law Group, P.A.

In order includes amended to promote The IRS recently tax returns, and compliance and there is no longer encourage the modified the OVDP … a requirement that disclosure of [and] also expanded the taxpayer have foreign financial $1,500 or less of accounts, the the streamline filing unpaid tax per IRS instituted compliance procedures. year. Taxpayers an Offshore who are under Vol unt ar y civil or criminal Disclosure investigation are ost people Program (OVDP). This program not eligible for the streamline probably do not was first offered in 2009 with procedures, but taxpayers who have need to consult an successive iterations in 2011 and previously made a quiet disclosure attorney to know 2012. The IRS recently modified are eligible. Mthat there can be criminal and the OVDP, which is primarily for Significantly, the streamline civil penalties for omitting income taxpayers whose failure to report procedures require that the taxpayer from foreign financial accounts on foreign financial accounts and pay certify under penalty of perjury that their U.S. tax returns. There is taxes on income from those the taxpayer’s prior noncompliance also a separate reporting accounts was willful. Under these was not willful. Attorneys will need obligation for these foreign changes, taxpayers will be required to ensure that the taxpayer can make financial accounts apart from any to pay the offshore penalty at the such a certification — something information that must also be time of their OVDP submission. that is likely more difficult now provided on a U.S. tax return. Also, if before the taxpayer submits given that the OVDP has been in The Bank Secrecy Act requires an OVDP pre-clearance request it place since 2009 and the amount that U.S. persons — a term that becomes public that a financial of publicity that the IRS’s offshore includes citizens and residents — institution where the taxpayer enforcement efforts against UBS must file a Report of Foreign holds an account is under and other Swiss banks have received Bank and Financial Accounts investigation by the IRS or during this time. Eligible taxpayers (FBAR) each year by June 30. Department of Justice, then the who reside outside the United States The FBAR must be filed with the OVDP penalty will increase from will have to pay taxes and interest, Financial Crimes Enforcement 27.5 percent to 50 percent. but the IRS will waive all penalties. Network, which is part of the U.S. The IRS also expanded the Eligible taxpayers who reside inside Department of Treasury, and it is streamline filing compliance the United States will have to pay generally required for all persons procedures, which were previously taxes and interest, and they will also who have an interest in or only available to non-resident, non- have to pay a miscellaneous offshore signatory authority over a foreign filers. The streamline option now penalty of 5 percent. financial account and where the includes additional categories of aggregate value of these accounts U.S. taxpayers living outside and Author: Brian R. Harris - exceeds $10,000. inside the United States. It also Akerman LLP

Have a colleague who’s not an HCBA member? Encourage him or her to join! Applications can be found at hillsbar.com.

66 SEPT - OCT 2014 | HCBA LAWYER LETTER TO HCBA SECTION CHAIRS: WHY S-2014-038 MATTERS Thirteenth Judicial Circuit Pro Bono Committee Chair: Rosemary Armstrong - Crossroads for Florida Kids

Committee And section on Pro Bono reps report Legal Services; back on award and third, opportunities. to publicly Trust me, the recognize esteem of a attorneys who lawyer who undertake pro is publicly bono work. recognized Sections for pro bono are tasked with Sections are tasked with service goes providing a way up in the providing a representative ear HCBA representative eyes of the Section Chairs: to attend to attend meetings to judges before meetings to help the Thirteenth Judicial whom he or DDo you know that Thirteenth help the 13th she appears! Judicial Circuit Chief Judge PBC meet its Circuit Pro Bono Committee The system Manuel Menendez Jr. has ordered mission. That meet its mission. also benefits almost all Hillsborough County person could when the Bar Association sections to appoint be you or section reps representatives to sit on the someone you actually follow Thirteenth Judicial Circuit Pro are confident through on Bono Committee (13th PBC)? will calendar and faithfully attend committee duties. Pro bono needs The latest version of the order, the quarterly committee meetings are met in increasing numbers, Administrative Order S-2014-038, and annual award ceremony and which means more indigent parties is effective July 1, 2014, and taps follow up on tasks assigned at the obtain meaningful access to the dozens of organizations to take meetings or in between meetings. courts. And when pro se parties get a seat at the meeting table. Each section is expected to lawyered up, that translates into Besides not wanting to risk either create its own pro bono smoother case processing and more contempt of court by ignoring project or participate as a group efficient hearing dockets for all the order, your participation or in some other entity’s, e.g., by cases (read: less expense and delay the participation of a reliable and scheduling a group outing to an to paying clients). active designee is important to the evening intake clinic operated by a So when you get an email wellness of your section members, legal aid provider. The section’s rep from incoming 13th PBC Chair as well as the wellness of the on the 13th PBC reports the effort. Rosemary Armstrong asking for judicial system itself. Why? The section members bond during the name and contact information First, I should explain what the the project, making for a robust of your section’s rep, please don’t 13th PBC is. The Florida Supreme section networking experience. ignore it. It’s your responsibility as a Court requires the establishment The section reps also report section leader to ensure compliance of a pro bono committee in each back to section members on with Judge Menendez’s order and, judicial circuit in Florida. The 13th what pro bono opportunities are ultimately, the success of the 13th PBC serves three primary functions: available so members individually PBC mission. First, to promote pro bono legal may choose from among many services and provide oversight forms of pro bono service, both and direction of such services in as to subject matter and time Sincerely yours, Hillsborough County; second, to commitment. This helps section collect data to assess attorney members fulfill their solemn oath Catherine Peek participation in pro bono programs to help the defenseless and McEwen, in our county and report same to oppressed (no one wants to be immediate past The Florida Bar Standing considered a reneger!). 13th PBC chair

SEPT - OCT 2014 | HCBA LAWYER 67 68 SEPT - OCT 2014 | HCBA LAWYER SETTLEMENT CONFIDENTIALITY IS NO JOKE! Trial & Litigation Section Chair: Kevin Napper - Carlton Fields Jorden Burt, P.A.

vacation to that the plaintiff Europe this never informed summer. SUCK the school of any IT.” Id. at need to tell his 1046. This post daughter about went out to the settlement, approximately which might have 1,200 of the led the parties to daughter’s include a mutually Facebook acceptable friends, many arrangement in he Third District of whom were Your client’s fairly their agreement. Court of Appeal has former students innocuous comment His daughter recently confirmed the of the school. then “did about settlement serious consequences The precisely what ofT violating a settlement daughter’s post can violate a the confidentiality agreement’s confidentiality apparently was confidentiality provision agreement was provision. These provisions have false — the designed to become fairly routine in settlement plaintiff never and cost him dearly. prevent, documents, but their impact is told her he won advertising to material. Attorneys should exercise the case, nor the Gulliver caution in negotiating these terms did she plan to community that and ensuring their clients or go to Europe. At the evidentiary Snay had been successful in his understand them. hearing, the trial court heard the age discrimination and retaliation In Gulliver Schools, Inc. v. Snay, plaintiff ’s testimony that he felt case against the school.” Id. 137 So. 3d 1045 (Fla. 3d DCA he needed to tell his daughter Ultimately, the plaintiff ’s 2014), a former headmaster sued a something about the case due comment to his daughter cost him school for age discrimination and to her interest and involvement. $80,000 in settlement proceeds, retaliation. The parties settled, and He merely told her, however, that as well as liability for the school’s the school agreed, among other the case “was settled and we were appellate attorney’s fees. The Third things, to pay the plaintiff $80,000. happy with the results.” Id. at 1048. DCA also denied the plaintiff ’s The agreement contained a The trial court ruled that motion for rehearing. detailed confidentiality provision the plaintiff did not breach the The moral of the story is that if prohibiting the plaintiff from, confidentiality agreement. your client’s settlement agreement directly or indirectly, disclosing or The Third DCA reversed. Using contains a confidentiality discussing the existence or terms standard contract principles, the provision, you may want to take of the settlement with anyone appellate court found the extra care to ensure your client other than the plaintiff ’s attorneys confidentiality provision understands what it prohibits and or spouse. Breach of the provision unambiguous. By telling his the potential consequences for would result in disgorgement of daughter that the case settled and violating it. As payments to the plaintiff. he was happy with the result, the always, be careful Several days later, the plaintiff ’s plaintiff violated the plain terms what you post on adult daughter posted a comment of the agreement by directly or Facebook! on her Facebook page stating indirectly disclosing information “Mama and Papa Snay won the about the existence or terms of the Author: Beth M. case against Gulliver. Gulliver is settlement to an unauthorized Coleman - Beth now officially paying for my person. The appellate court noted M. Coleman, P.A.

TO UPDATE YOUR CONTACT INFORMATION WITH THE HCBA, CALL (813) 221-7777.

SEPT - OCT 2014 | HCBA LAWYER 69 UNAUTHORIZED WORKERS’ COMPENSATION DISCLOSURE VIOLATES THE ADA Workersʼ Compensation Section Chairs: Anthony V. Cortese - Anthony V. Cortese, Attorney at Law; and Irene Rodriguez - Irene M. Rodriguez, P.A.

ago and is of which back to work, have been especially when The claimant in a workers’ recognized you consider compensation case filed as tangible George Shoun’s injuries under suit against his employer shoulder injury the Act.” Id. kept him away because the employer’s (citing Green v. from work for workers’ compensation Joy Cone Co., 11 months and 278 F. Supp. now he is trying processing person posted 2d 526, to sue us.” information on her 537(W.D. irst, welcome back from Shoun Pa. 2003) summer breaks and contended that Facebook page about his (explaining vacations. This year by putting this workers’ compensation and “[i]njury-in-fact on her encompasses we have appellate cases medical conditions that he Fpending before the Florida Facebook page, both actual Supreme Court that we will be the processing asserted was injurious. damages in watching that will dramatically person violated the form of affect everyone in the workers’ his ADA right emotional, compensation arena. Our seminars to pecuniary, will follow these cases, as well as confidentiality, and the court compensative, or otherwise, as well other important developments in implied in the decision that this as the presence of a continuing the field. An important federal contention was clear. The employer illegal practice”)). court decision regarding argued that by filing an This means that not only the application of ADA confidentiality employment-related lawsuit in state employer but also the carrier provisions to workers’ compensation court before this Facebook post was and its employees, agents, and information was announced on made, he voluntarily publicized his representatives have a duty of June 23, with implications for all medical condition and could not confidentiality with regard to claimants, adjusters, and employers pursue a suit. The District Court in workers’ compensation information as will be addressed below. Indiana did not agree and held the that is actionable if it is violated, in In Shoun v. Best Formed Plastics, suit for violation of confidentiality addition to and separate from the 2014 WL 2815483 (N.D. Ind. provisions could proceed in a underlying workers’ compensation June 23, 2014), the claimant in a separate action in federal court. claim and any state employment workers’ compensation case filed The employer then argued that law claim. It is an important suit against his employer because there was no proof of damages decision for injured workers, the employer’s workers’ due to this Facebook post, and one employers, carriers, and their compensation processing person requirement for such a suit is a attorneys to be aware of with posted information on her tangible injury as a result of the respect to these situations. We will Facebook page about his workers’ disclosure. The court again did update you on other important compensation and medical not agree, noting: “Mr. Shoun decisions as they are announced. conditions that he asserted was has alleged that as a result of Ms. injurious. The quote was: “Isn’t (it) Stewart’s actions, ‘prospective amazing how Jimmy experienced a employers refused to hire him, and Author: Anthony V. Cortese - 5 way heart bypass just one month he suffered emotional injury,’ both Anthony V. Cortese, Attorney at Law

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70 SEPT - OCT 2014 | HCBA LAWYER AROUND THE ASSOCIATION

Ed Armstrong, shareholder Seniors in Service Inc. Choundas awareness and increase at Hill Ward Henderson, was is a member of the firm’s business communication and understanding recently appointed by Governor law, tax and Latin-American of the LGBT community; ability Rick Scott to the Southwest Florida practice groups. to make significant contributions Water Management District. The to the promotion of broadening appointment is for a term ending Fentrice Driskell, a civil adoption and/or acceptance March 1, 2018, and is subject to shareholder at Carlton Fields of LGBT equality in the confirmation by the Florida Senate. Jorden Burt, was elected president workplace and the community; The district encompasses roughly of the George Edgecomb Bar support of the LGBT community 10,000 square miles in 16 counties Association for a one-year term. in shaping a future where everyone and serves a population of 4.7 As president, Driskell will be can live authentically and million people. The mission is to responsible for setting the strategic completely; and reputation with manage water and related natural vision of the organization, which colleagues and superiors. resources to ensure their continued has more than 100 members, a availability while maximizing the 10-member board, and 10 standing T.J. Ferrante, an associate at benefits to the public. committees. GEBA is a voluntary Carlton Fields Jorden Burt, bar association in Hillsborough has been selected to serve on the Radha Bachman, a shareholder County that is dedicated to the American Health Lawyers at Carlton Fields Jorden Burt, advancement of African Americans Association Young Professionals has been selected to serve on in the legal profession. Driskell also Council for a one-year term. the American Health Lawyers was awarded GEBA’s President’s He also was selected into the Association Women’s Leadership Award during the association’s Leadership Development Program Council for a one-year term. The annual scholarship banquet on of the AHLA’s Hospitals and council guides the activities of April 28. This award is given to Health Systems Practice Group AHLA’s new Women’s Network. a Bar member who has gone for a one-year term. Ferrante is Bachman is in the firm’s national above and beyond to carry out in the firm’s national health care health care practice group. the association’s mission and who practice group. aids the president in leading the Chris Brown of Trenam organization. Driskell has significant Michael L. Forte of the Kemker has been appointed experience representing banks Tampa office of Rumberger, to the Hillsborough Community and other financial institutions in Kirk & Caldwell, P.A., recently College Foundation Board of commercial business litigation and presented “Strategies for Directors. Brown joined Trenam bankruptcy matters. Negotiating Legal Claims” to the Kemker in October 2013 in the Tampa Bay chapter of the Risk firm’s commercial litigation group. Nancy J. Faggianelli, chief Insurance Management Society. diversity officer at Carlton Fields Robert Chapman has joined Jorden Burt, has been presented Michele Leo Hintson, Sivyer Barlow & Watson, P.A., with the LGBT-Allies Leader partner in the Tampa office of as an associate. Chapman’s practice Award by The Florida Diversity Shumaker, Loop & Kendrick, focuses on commercial litigation Council. Faggianelli received the LLP, has been named vice-chair and real estate transactions. award during the council’s LGBT- of The Florida Bar’s Thirteenth Allies Diversity Summit in Circuit Grievance Committee Marina A. Choundas of Orlando. Faggianelli received the (“B”). This local grievance Foley & Lardner LLP was award based on her visibility in the elected to the board of directors of LGBT community; ability to create Continued on page 72

For more HCBA news, go to www.facebook.com/HCBAtampabay. To submit news for Around the Association, email Corrie Benfield at [email protected].

SEPT - OCT 2014 | HCBA LAWYER 71 AROUND THE ASSOCIATION

Continued from page 71 Ken Mather has joined orthotic devices for the effective Gunster’s business litigation treatment of non-narcotic pain committee is composed of lawyers practice and will work out of the management and rehabilitation. and non-lawyers and is responsible firm’s Tampa office. Mather joins for continuing the investigation the firm from Broad and Cassel in Hal Mullis, president of of possible lawyer misconduct Tampa, where he was a member Trenam Kemker, has been referred by Bar discipline of the firm’s bankruptcy and elected by the University of South attorneys. Hintson dedicates her creditors’ rights, special assets and Florida Board of Trustees as its practice to representing businesses, banking, and institutional lending chairman. The USF Board of insurance companies, health care practice groups. Trustees is responsible for organizations, and individuals in cost-effective policy decisions all aspects of the dispute Victoria McCloskey, a appropriate to the system mission resolution process. shareholder at Bush Ross, was and the implementation and recently sworn-in as president-elect maintenance of high-quality Lawrence P. Ingram, a of the Hillsborough Association of education programs within the partner with Phelps Dunbar, Women Lawyers. Her term as laws and rules of the state. Mullis was presented with the Paul M. president-elect began in May 2014 is a founding member of Trenam May Meritorious Service Award in and will be followed by a yearlong Kemker and is based in the firm’s June at The Florida Bar Annual term as president, to commence in Tampa office. Convention in Orlando. Stetson May 2015. McCloskey also was University College of Law Dean recently awarded the 2014 HAWL John Neukamm, a shareholder Christopher M. Pietruszkiewicz President’s Award for outstanding with the Mechanik Nuccio law presented the award, which service to the organization. The firm, was recognized at The Florida recognized Ingram’s years of main objective of HAWL is to Bar’s Real Property, Probate & service in support of Florida’s first “promote and recognize the Trust Law Section 2014 Annual law school and its students. Since contributions of women in the legal Convention for his contributions receiving his J.D. from Stetson profession and judiciary.” to Florida attorneys and the public University College of Law, Ingram McCloskey’s practice focuses on in promoting the highest standards has been engaged in a number of health care defense litigation and of ethics and professionalism with student and alumni-related events general civil trial matters. the William S. Belcher Lifetime at the school. In the past several Professionalism Award. years, he has focused his efforts Erin M. McKenney, associate on encouraging planned giving in the Tampa office of Shumaker, Kristin A. Norse has been to Stetson. Loop & Kendrick, LLP, has been named a shareholder of Kynes, elected to the Board of Trustees Markman & Felman, P.A., and Jody Keeling and Michael for Keep Tampa Bay Beautiful, has been elected president-elect of Maguire have joined the law firm whose mission is to provide the Florida Association for Women of Trenam Kemker. Maguire is environmental education and Lawyers. The mission of FAWL is an associate in the real estate and volunteer opportunities that to actively promote gender equality lending transactions practice group. develop individual responsibility and the leadership roles of FAWL’s His practice focuses on real estate and environmental stewardship. members in the legal profession, lending, real property transactions McKenney primarily focuses her judiciary, and community at large. and investments, asset-based practice in health law. Norse has also been appointed the lending, eminent domain, and chair of the Criminal Practice property rights litigation. Keeling Dennis A. Meyers has joined Subcommittee for the Appellate is an associate in the business World Wide Medical Services Court Rules Committee of The transactions practice group. His Inc. in Tampa as corporate Florida Bar. Norse concentrates her practice focuses on corporate law, counsel. World Wide Medical practice in the area of civil appeals securities, mergers and acquisitions, Services is a provider of physician- and taxation. prescribed home electrotherapy and Continued on page 74

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SEPT - OCT 2014 | HCBA LAWYER 73 AROUND THE ASSOCIATION

Continued from page 72 profit public-interest law firm permitting, ethics regulation, and based in Gainesville that focuses election law. and litigation support in state and on complex, multiyear litigation federal courts. involving education, housing, Thomas E. Toner has joined homelessness, and discrimination. Shumaker, Loop & Kendrick, W. Jan Pietruszka, partner in SLC represents individuals and LLP, as a partner. Toner focuses the Tampa office of Shumaker, groups without access to the justice his practice on patent prosecution, Loop & Kendrick, LLP, system whose cases may bring copyright, trademark, trade secret, participated in a panel discussion about systematic reform. and related technology litigation. at the Tampa Bay Executive Symposium on June 12 regarding Murray B. Silverstein has Sylvia H. Walbolt, shareholder “The Wacky World of Being an been appointed chair of the Florida at Carlton Fields Jorden Burt, Employer - Who Knew? Labor Rules of Judicial Administration will serve as president of the Relations and How They Affect Committee for a one-year term that Florida Supreme Court Historical Your Company.” Pietruszka’s commenced July 1. Society. She was sworn in during practice includes defending The Florida Bar’s Annual corporations and management Jacqueline Simms-Petredis Convention in June in Orlando. from claims of discrimination, has joined Burr & Forman LLP The historical society helps sexual harassment, Fair Labor as a Tampa-based associate in the preserve the history of Florida’s Standards Act violations, workplace firm’s financial services litigation judicial system and educates the torts, breaches of employment practice group. She was previously public about the work of the courts contract, and unpaid wages. with Akerman LLP. Simms- in protecting personal rights and Petredis’ practice includes advising freedoms, as well as resolving the Ronnell Robinzine was the financial institutions, mortgage myriad disputes that arise within first recipient of the George loan originators, loan servicers, the state. Edgecomb Bar Association and investors in contested Outstanding Young Lawyer’s foreclosures, bankruptcy adversary Brian C. Willis, an associate Award. Robinzine was recognized proceedings, compliance issues, in the Tampa office of Shumaker, for his outstanding work on behalf and direct filed lawsuits. Loop & Kendrick, LLP, has been of GEBA, including his role in the appointed by the Hillsborough formation of the Young Lawyers Kenneth A. Tinkler, a County Aviation Authority to serve Committee and the acquisition of shareholder in Carlton Fields as its representative on the Citizen two key grants. Jorden Burt’s Tampa office, Advisory Committee for the received the Paul S. Buchman Hillsborough County Metropolitan Hala Sandridge, co-managing Award from the City, County and Planning Organization. The MPO shareholder of the Tampa office of Local Government Law Section is responsible for establishing a Buchanan Ingersoll & Rooney of The Florida Bar. This annual continuing, cooperative, and | Fowler White Boggs, has been award recognizes Tinkler’s comprehensive transportation reappointed to a three-year term “outstanding contribution in the planning process for Hillsborough on the board of The Florida Bar area of Legal Public Service.” County. Willis represents Foundation, a statewide charitable Tinkler also was recognized for individuals and corporations organization whose mission is to his service to the section and its involved in business, contract, and provide greater access to justice. executive council, including his real estate disputes. Sandridge practices in the area of service as chair of the section, and appellate law. other contributions to The Florida Gwynne A. Young, shareholder Bar and the legal profession. at Carlton Fields Jorden Burt, Tom Scarritt of the Scarritt Tinkler’s practice involves a wide received the Rosemary Barkett Law Group has joined the board variety of government law issues Outstanding Achievement Award of directors of Southern Legal with a focus on land use, Counsel Inc., a statewide not-for- environmental and energy Continued on page 75

74 SEPT - OCT 2014 | HCBA LAWYER AROUND THE ASSOCIATION CLASSIFIED ADVERTISING

Continued from page 74 a new way of thinking about PINELLAS LAW OFFICE: themselves, others and their place Belcher Road, in Largo. Previously from the Florida Association for in the universe or has promoted law office for 10 years; 1200 sq ft. Women Lawyers during the Henry the status of women within the four offices plus kitchen. $1200 Latimer Diversity Luncheon at The profession; advanced the status of per mo includes water, outside Florida Bar Annual Meeting and women in the state; and is an active maintenance. Recently remodeled. Convention in June in Orlando. member of FAWL. Telephone Glenn at 727 524 8100 This award is given annually to or email [email protected] a FAWL member who has Tampa Law Advocates has for floor plan. demonstrated a commitment to relocated to 620 E. Twiggs St., the purpose and goals of FAWL; Suite 110, in Tampa. Attorneys WE WILL COLLECT YOUR excelled to outstanding career Samantha L. Dammer and Daniel CLIENTS’ JUDGMENTS AND achievement that charters new W. Hamilton practice in the DELINQUENT DEBT. We also territory in our profession; helped areas of business and personal represent attorneys in collecting to overcome traditional stereotypes bankruptcy, foreclosure, family their receivables. 34 years experience. associated with women by breaking law/custody, civil litigation, and Call Gil Singer 813-288-1881 x247 barriers, molding a new reality and general business law. or [email protected].

JURY TRIAL INFORMATION

For the month of: November defendant: Peter P. Murnaghan Attorneys: For plaintiff: 2013 and Jill K. Schmidt for Allied Matthew R. Danahy and Michael Judge: Honorable Sam D. Building Products Corp. and A. Giasi; for defendant: Daniel J. Pendino Garry M. Glickman for Bradco Elwin and Christopher Marone Parties: Marcela P. Cisternas- Supply Corp. Nature of case: Sinkhole claim Pena vs. David H. Griner and Nature of case: Commercial denied by defendant. The Travelers Indemnity Co. construction case where plaintiff Verdict: For the plaintiffs in the Attorneys: For plaintiff: Robert alleged defects in 160,000 square amount of $245,000 T. Joyce and Lillian J. Reyes; for feet of metal roofing materials defendant: Roland Hermida used in the construction of a For the month of: April 2014 Nature of case: Automobile senior living facility. Allied Judge: Honorable Claudia Isom accident that involved surgery of Building Products served a Parties: Mitchell v. Hill the lumbar spine at L3-4 and L4-5. proposal for settlement. Attorneys: For plaintiff: Verdict: For the plaintiff in the Verdict: Defense verdict. Bradley Salter; for defendant: amount of $789,226.81 Allied’s motion for fees and Brandon Scheele and Michael costs pending. Bird For the month of: April 2014 Nature of case: Admitted Judge: Honorable Cynthia Cox For the month of: April 2014 liability accident with four spine Parties: Elkins Constructors, Judge: Honorable Joseph G. surgeries Inc. v. Allied Building Products Foster Verdict: $24,000 awarded to Corp. and Bradco Supply Corp. Parties: Ryan and Allison the plaintiff Attorneys: For plaintiff: Peter Fullerton vs. Royal Palms Insurance Robinson and Erin Smith; for Company (Tower Hill) Continued on page 76

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SEPT - OCT 2014 | HCBA LAWYER 75 JURY TRIAL INFORMATION

Continued from page 75 For the month of: May 2014 Parties: Jacqueline Ward v. Judge: Honorable Ellen S. Bruce Robinson For the month of: May 2014 Masters Attorneys: For plaintiff: Judge: Honorable Claudia Parties: Jeff and Sarah Latimer Weldon E. Brennan and Gregory P. Isom v. Omega Insurance Company Abaray; for defendant: Michael L. Parties: Kendra G. Oro Osorio Attorneys: For plaintiff: C. Forte and Jessica A. Tetrick v. Estate of John Harold Peters Robert Pickett; for defendant: Troy Nature of case: Auto accident Attorneys: For plaintiff: J. Seibert and Gerald T. Albrecht involving a 5-year-old girl, resulting Leticia L. Valdes and Luis Nature of case: Sinkhole in alleged brain damage Figueroa; for defendant: Emory denial Verdict: $3,209 (47 percent of Wood and Julian E. Wood Verdict: Defense verdict EMS and ER bills), reduced to $0 Nature of case: Motor after PIP setoff. Brennan asked the vehicle accident For the month of: June 2014 jury for $1.2 million. Defendant’s Verdict: For the plaintiff in the Judge: Honorable J. Dale motion for attorneys’ fees and costs amount of $61,827.27 Durrance is pending.

To submit news for Jury Trial Information, email [email protected].

76 SEPT - OCT 2014 | HCBA LAWYER

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