November 2016

BROWARD COUNTY BAR ASSOCIATION

November 2016

...

Read inside for more information.

Inside this issue: • The Current State of Medical Marijuana • Recent Changes to Limits on Cuban Cigars and Rum • Going Fourth • ... and more!

SERVING THE CITIZENS AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE 1925 Arthur H. Rice Broward County R RIC E Chad Pugatch Bar Association Kenneth Robinson PUGATCH Ron Cohen Recognizes 100% Membership Club

Craig Pugatch **For firms with 5 attorneys or more** ROBINSON Richard B. Storfer Abramowitz, Pomerantz, & Morehead, P.A. Brent Chudachek Billing, Cochran, Lyles, Mauro & Ramsey, P.A.

STORFER Riley W. Cirulnick Brinkley Morgan Michael Karsch Broad & Cassel & COHEN Ronald Lewittes Buchanan Ingersoll & Rooney PC Richelle Levy Burr & Forman LLP ATTORNEYS AT LAW George Zinkler III Catri, Holton, Kessler & Kessler P.A.

Chimpoulis, Hunter & Lynn, P.A. Coast to Coast Legal Aid of South Florida

Cole, Scott, and Kissane Colodny Fass Conrad & Scherer, LLP Cooney Trybus Kwavnick Peets, PLC Doumar, Allsworth, Laystrom, Voigt, Wachs & Adair, LLP

Ferencik, Libanoff, Brandt, Bustamante, & Goldstein, P.A. Fowler, White, Burnett, P.A. Gladstone & Weissman, P.A. Goldstein Law Group Gray Robinson, P.A. Haliczer, Pettis & Schwamm, P.A. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.

Keller Landsberg PA Kelley Uustal • Lender/ Creditor Rights Kim Vaughan Lerner LLP • Bankruptcy & Insolvency Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC • Krupnick, Campbell, Malone, Buser, Slama, Commercial Litigation Hancock & Liberman, P.A. • Foreclosure and Banking Litigation Lawcraft • Real Estate Law Firm of Gary M. Singer, P.A. • Commercial Transactions and Corporate Law Law Offices of Sheldon J. Schlesinger, P.A. • Labor Relations and Employee Benefits Legal Aid Service of Broward County • Civil Rights Defense MacLean & Ema May, Meacham & Davell, P.A. • Employment and Discrimination Litigation McIntosh, Sawran & Cartaya, P.A. • Arbitration, Trial, and Appellate Practice Moraitis, Cofar, Karney & Moraitis Rogers, Morris & Ziegler, LLP Roig Lawyers 101 N.E. Third Avenue, Suite 1800, Schlesinger Law Offices, P.A. Ft. Lauderdale, FL 33301 954-462-8000 ∙954-462-4300 Walton, Lantaff, Schroeder & Carson, LLP www.rprslaw.com Wicker, Smith, O’Hara, McCoy and Ford, P.A.

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Letter from the President 5 Staff Box Charles A. Morehead III PUBLISHER 5 Broward County Bar Association 954.764.8040 Young Lawyers’ Section Letter from the President PUBLICATIONS & PUBLICITY 7 COMMITTEE Todd L. Baker Edwina V. Kessler, Co-chairperson 9 Kimberly Gessner, Co-chairperson Going Forth: Harmless Jared Guberman, Editor Twitter 9Alan Bryce Grossman EXECUTIVE EDITOR Braulio N. Rosa Recent Changes to Limits 11 [email protected] 11Allen F. Bennett LAYOUT AND PRINTING Park Row Printing Medical Marijuana Part 2 Jared Guberman MANAGING EDITOR 13 Bonnie H. Ross 13 [email protected] Tribute To Tony 954.832.3621 14Melisa Malone CONTRIBUTING WRITERS Allen F. Bennett Legal Health Corner Jared Guberman Michelle K. Suarez Alan Bryce Grossman 17 Nancy Little Hoffman Melisa Malone Recent Developments Michelle K. Suarez In The Law 22 18Nancy Little Hoffman BILLING INQUIRIES 954.764.8040 Ext. 204 Calendar of Events The Barrister is published monthly by the Broward County Bar Association. All 19 editorial, advertising and photos may be submitted for consideration through email to [email protected]. We reserve the right to reject any ad for any reason.

We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the BCBA or the Barrister.

ON THE COVER: The Broward County Bar Association invites our members to our 2016 Annual Holiday Party on Thursday, De- cember 1. We will continue the celebration in Weston on Tuesday, December 6 with our West Broward/ Weston Bar Sections at Moon Thai. Our Northeast and Northwest Broward Sections invite you to celebrate at Alpine Jaguar on Thursday, December 8. Register at www.browardbar.org/calendar. www.browardbar.org

4 | November 2016 Broward County Bar Association Barrister letter from the president 2016 - 2017 Greetings from the President. Fall BCBA Officers has come and gone and the new Charles A. Morehead III - President courthouse is still unavailable. We Thomas D. Oates - President Elect are now told that we should be in Edwina V. Kessler - Treasurer the new courthouse after the first Michael A. Fischler - Secretary Robin S. Moselle - Past President of the year.

BOARD OF DIRECTORS A Certificate of Occupancy was NORTHEAST issued in mid-September, so M. Ross Shulmister hopefully the lengthy punch list Jerome R. Siegel will be concluded and the move NORTHWEST may begin at the end of October. Evan M. Ostfeld As I dictate this, that seems WEST unlikely. Donald E. Fucik Charles A. Morehead III Michelle J. Gomez Russell Miller Thompson The Lawyer Referral Service issues pending before the Florida Supreme CENTRAL Court where we have filed a response to the Bar’s request have been Jamie Finizio Bascombe accepted by the Florida Supreme Court and are available electronically William R. Clayton online at http://bit.ly/2eoDlN6. No positive comments were received Stephen R. Gross from any source; it will be very interesting to see what the Florida Kenneth J. Joyce Michael D. Leader Supreme Court does on this important issue. Alison F. Smith Robert C.L. Vaughan Due to age, attrition and resignations, there are five open judgeships SOUTHEAST in Broward County. Please encourage your colleagues to apply for a Michael A. Rajtar judgeship if they are qualified and willing. One of the problems we face Anita Paoli in our county is a general apathy toward applying for these important SOUTHWEST positions. If you know someone who would be a good fit for a judgeship, Kimberly A. Gilmour pick up the phone and call them and encourage them to download the application to apply. JUDICIAL REPRESENTATIVE The Honorable William W. Haury, Jr. EXECUTIVE DIRECTOR As I dictate this the final debate has just been held for this year’s Braulio N. Rosa presidential election that is just weeks away. It is comforting to know that our Republic is a strong one and will endure, no matter the winner. Our Constitution is a great document and has stood the test of time well.

May you and your family have a joyous Thanksgiving.

Broward County Bar Association 1051 SE 3rd Avenue Fort Lauderdale, FL 33316 954.764.8040

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6 | November 2016 Broward County Bar Association Barrister letter from the young lawyers’ president 2016 - 2017 BCBA Young Lawyers’ Section As attorneys, we can’t be everything to everyone. We can’t always be available when our boss needs us. We can’t OFFICERS answer every call we get from our cli- Todd L. Baker - President ents. We can’t take on every case, due Sara M. Sandler - President Elect to either a lack of experience, lack of Brent M. Reitman - Treasurer time, or a client who cannot afford us. Lindsay M. Massillon - Secretary We can’t always grab lunch; a drink Jeffrey M. Wank - Past President after work; see a concert or sporting event. We can’t travel with our family BOARD OF DIRECTORS or friends on a whim. Sometimes we Jamie D. Alman have to step out of the movie or excuse Omar A. Giraldo ourselves from dinner to take an impor- Josiah Graham tant client call. We can’t be everything Jeffrey A. Hegewald to everyone and with experience, we Brooke Latta learn to strike a balance between our Joshua R. Levine Todd L. Baker professional and personal lives. Time Harold Pryor management is a skill, not a talent. It is Anthony H. Quackenbush learned from experience and some people learn faster than others. Emily Romano Eric S. Rosen There was recently an article put out by the Young Lawyers Division of the Florida H. Seth Rosenthal Bar about “Over-Commitment-itis.” I encourage everyone to read this article. It’s Stacy R. Weissman hard not to overcommit – there are too many great voluntary bar organizations, Nikeisha Williams Pryor charities, and other, non-legal related clubs. It’s hard to say no to helping people in need but it may be necessary to say no, or re-prioritize your list of obligations. Overcommitting could mean you are taking up a position meant for someone else who could significantly contribute. It also may make you derelict in your duties, which could hurt your reputation. Before committing to something, you really need to decide if you can hold up your end of the bargain. It is an unfortunately Florida Bar reality, but we really can’t do everything. Board of Governors That being said – you have to do something for your community. Join a commit- 17th Judicial Circuit tee, help a charity, get on a board. It is not as hard as you think with the caveat that you shouldn’t overcommit. Over 400 people have signed up for our YLS Lorna E. Brown-Burton 954.463.8322 Committees because they want to get involved. It is now our obligation to engage everyone who signed up. That might mean working on scheduled events for some Jay Cohen people or the creation of new events and activities for others. If you want to do 954.763.6939 something, YLS will help find something for you to do.

Jay Kim 954.527.1115 BCBA members recently did something for the people of Haiti who found themselves victims of Hurricane Matthew. Dozens of donors filled a conference room Adam Glenn Rabinowitz full of food, clothes, medicine, personal hygiene products, bedding, etc. to be do- 954.764.7060 nated. For some, these items were just sitting around the house waiting to be do-

Diana Santa Maria nated or discarded. The people that did something should be proud of themselves. 954.434.1077 If you could not contribute this time around, I encourage you to do something at a later date. We, as the collective term for individuals, cannot do everything, but we, Broward County Bar Association as the collective term for the legal community, can do so much. If you are reading 1051 SE 3rd Avenue this, I hope you will do something for your community in the near future when the Fort Lauderdale, FL33316 opportunity presents itself. 954.764.8040

Broward County Bar Association Barrister November 2016 | 7 Alpine Jaguar 6606 N Andrews Ave Fort Lauderdale 33309 9545987900 www.alpinejaguar.com Going Fourth: Harmless Twitter Ramblings Held Not Juror Misconduct

by Alan Bryce Grossman The Fourth District Court of Appeal tronic device.... not [to] send or ac- not demonstrate bias against the recently explored the extent that a ju- cept any messages related to this case plaintiff, because the trial court deter- ror’s use of social media during a trial or your jury service... [and] not [to] mined that it wasn’t about the plain- might constitute juror misconduct to discuss this case or ask for advice by tiff nor the case. This was supported warrant a new trial. any means at all, including posting by the fact that Juror 5 had expressed information on an Internet website, a similar opinion in open court during In a case of first impression, in Mur- chatroom, or blog.” voir dire. phy v. Roth, decided by the Fourth District on October 5, 2016, the The judge conducted two hearings, It seems clear that the holding is based court upheld the Palm Beach Circuit and asked Juror 5 if he understood the on the fact that (1) there was nothing Court’s denial of a request for mistri- instruction not to communicate about specific about the case in the tweets, al based on alleged juror misconduct. the case or his jury service on social (2) they were discovered after the ver- During the trial of a negligence action media. Juror 5 said that he did not dict, and (3) the misconduct was not stemming from a car accident, anony- intentionally or deliberately disobey intentional. Review of case law out- mous “Juror 5” had posted a series of the court’s order. Juror 5 explained side Florida showed similar holdings, tweets on his Twitter account. that his tweet about his “half assed” where a new trial based on juror mis- answer happened because he did not conduct by social media must arise to After the 5-day trial resulted in a jury know what to say in response to ques- a level of prejudice instead of simple verdict, the plaintiff sought a new tri- tions. Lastly, on inquiry by the judge ramblings about the general nature of al based on the following three tweets about the tweet of everyone being jury service. by Juror 5: “money hungry,” Juror 5 said that re- ferred not to the case but to an acci- a) I got picked as a juror... I hate dent he was in with his father. this s - - - I’m so pissed, I even half assed all my answers and In affirming the denial of a new trial, I dressed terrible. the Fourth District exclaimed that Ju- b) Being a juror isn’t bad, people ror 5’s tweets were “potentially offen- Alan Bryce Grossman is a I’m working with are pretty sive on a number of levels”, but held sole practitioner in Cooper cool. But I still hate the fact that the lack of evidence of any other City, practicing in South Florida, and around the that I have to be here all day. juror seeing the tweets, and that noth- state, and elsewhere, for 26 years. His areas of c) Everyone is so money hungry ing in the tweets was specific about practice include litigation that they’ll do anything for it. the case, along with the trial court’s and appeals in commercial, property, and probate mat- ruling that Juror 5 misinterpreted ters. He is a graduate of the Relevant to the appellate analysis was the instructions, supported the trial University of Florida and the University of Baltimore the trial court’s instruction, once the court’s ruling. School of Law. He can be jury was selected and sworn, “not to reached at alan@abgross- man.com or by calling talk about this case by using an elec- The “money hungry” tweet post did 954-364-6294.

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10 | November 2016 Broward County Bar Association Barrister Recent Changes to Limits on Cuban Cigars and Rum by Allen F. Bennett On October 17, travelers to the Mayan Riviera can also no easy answers, but those wishing to 2016, President return with Cuban merchandise. sell Cuban made brands in the future will Obama elimi- likely find themselves in the middle of nated some of There remains the restriction that any these conflicts. the restrictions Cuban cigars or rum brought into the on the amount of country must be solely for personal, not Join the Broward County Bar Association merchandise, in- commercial use. Thus, this policy change as we discuss changes in Cuba at our Cu- cluding rum and will not have a significant commercial ban Enigma: A Year Later CLE and Re- cigars, that U.S. impact. Most apparent next steps in the ception event on Wednesday, November travelers may rapidly warming U.S. and Cuba would be 16. For more information visit www.bro- bring back to the to loosen the commercial restrictions. wardbar.org/calendar. United States from Cuba. Allen F. Bennett is a Regis- While this is welcome news for cigar afi- tered Patent attorney and has focused his practice Previously, United States citizens travel- cionados and lovers of Cuban rum, it is exclusively to Intellectual ing to Cuba could return with no more more complicated for Trademark own- Property law, including patents, copyrights, trade- than $100 worth of rum and cigars for ers. Fidel Castro maintains that the name marks, and IP litigation. personal consumption. In addition, pur- “Cohiba” belongs to the Cuban people. He formed Bennett Intellec- chasing cigars and rum of Cuban origin Not surprisingly, original makers of Co- tual Property in 2010 and represents a wide range of over the internet or while in a third coun- hiba cigars, who fled to the Dominican clients from individuals to try, e.g. Mexico, and returning with them Republic, claim they are the true inheri- multimillion dollar companies. Mr. Bennet can be was completely prohibited. This restric- tors of the name. Who is correct? Bacardi reached at (561) 860-0654 tion has also been removed, meaning that Rum faces similar questions. There are or visit the firm website at www.afbip.com.

Where in the World is the Barrister?!?

BCBA members Cam Rogers (left) and BCBA member H. Mark Purdy visiting the Romney C. Rogers (right) in Ireland on 800 year old Leaning Tower of Pisa. a golf getaway. We want to see you in the next Barrister publication! Email a hi-res picture of yourself with a Barrister when on vacation or business trip to [email protected].

Broward County Bar Association Barrister November 2016 | 11 Celebrate the Holiday Season with Us! Holiday Flyer.qxp_Layout 1 9/29/16 8:42 PM Page Three1 Dates • Three Locations

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West Broward & Weston Sections Holiday Party

Tuesday, december 6

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The Northeast and Northwest Broward Sections of the Broward County Bar Association invite you to their Annual Holiday Party Thursday, December 8, 2016 at Alpine Jaguar

For Registration Information, visit www.browardbar.org/calendar

12 | November 2016 Broward County Bar Association Barrister The Current State of Medical Marijuana in Florida by Jared Guberman Part 2 of a 3-part series.

On June 16, 2014, Florida Governor the medical marijuana product that can tion/spacing requirements, prohibition Rick Scott signed the Compassionate be ordered for terminal conditions con- or non-prohibition on the uses regarding Medical Cannabis Act of 2014 (“Act”), tains significant levels of the psychoac- cultivation, processing, etc., permit re- now known as section 381.986, Florida tive ingredient THC and may produce the quirements, security requirements, hours Statutes, which allows specified licensed “high” commonly associated with canna- of operation, signage, and real property physicians to order a low-THC/non- bis. requirements. euphoric strain of cannabis (this strain of marijuana is known as “Charlotte’s Currently, there are six dispensing or- In the meantime, law firms have launched Web”) for qualified patients suffering ganizations that are approved to grow, practice groups focusing on “marijuana from cancer, severe seizures or muscle dispense and sell medical marijuana in law” in order to advise growers, sell- spasms. Under the Act, cannabis shall be Florida. The first medical marijuana dis- ers, doctors, patients, and caregivers to obtained from dispensing organizations pensary, Truileve, located in Tallahassee, comply with the ever changing Florida approved by the Florida Department of opened in late July 2016 in order to start marijuana laws, other state law, local or- Health. One may have expected that in- delivering marijuana statewide. The first dinances, and federal law. dividuals would start receiving medical medical marijuana product delivered to marijuana immediately after the Act’s en- a patient was in August 2016. A couple Despite Florida’s slow pace thus far, actment. However, that has not been the weeks ago, Modern Health Concepts, lo- medical marijuana is here to stay and is case. It has taken over two years for the cated in Miami-Dade County, began to quickly changing in the next couple of first patient to receive medical marijuana sell “Haleigh’s Hope,” similar to Char- months and in years to come. The next in Florida. This significant delay resulted lotte’s Web, an anti-seizure strain of low- step, as discussed in Part I of this three from a number of factors, including the THC cannabis oil. part series, will shed some light on the Department of Health’s struggle to cre- future of medical marijuana in the state ate and implement rules and regulations Pending the possible passage of Amend- when Floridians vote on Amendment 2 in as to the implementation of the Act, an ment 2, an amendment to Florida’s Con- November. arduous application process for marijua- stitution which would allow medical use na-dispensing organizations to become of marijuana for a broad range of debilitat- potential dispensaries in Florida, as well ing medical conditions, and further state as a myriad of legal challenges. regulations, cities across Florida have implemented moratoriums to allow time During this delay, on March 26, 2016, the to study how city zoning and building Act was expanded to allow medical mari- regulations should be applied to medical Jared Guberman, Esq. is a juana to be ordered for a patient suffering marijuana dispensaries and related busi- civil and construction litigation attorney with Vincent from a terminal condition as determined nesses. It is expected that after the vote, F. Vaccarella, P.A. in Fort by two separate physicians. A terminal cities will be approached by businesses Lauderdale. He may be contacted at 305-932-4044 or by condition is defined as one that will re- interested in opening dispensaries. How- e-mail at jguberman@v-law. sult in death within one year of diagnosis ever, to date, the vast majority of city zon- net. if the condition runs its normal course. ing codes and regulations do not address Unlike the low-THC/non-euphoric strain any rules about dispensaries. Some cit- of cannabis prescribed for the various ies have already implemented zoning and non-terminal conditions stated above, business regulations. For example, loca-

Broward County Bar Association Barrister November 2016 | 13 Tribute To Tony by Melisa Malone It seems like everyone knows Tony Karrat. reputation as a devoted advocate for the poor Whenever Legal Aid is mentioned, people and disadvantaged of our community. He is say, “oh yes, Tony.” The name has become committed to providing the highest quality of synonymous with Legal Aid Service of Bro- legal representation to clients who cannot af- ward County. Not surprising, as he has been ford to hire a private attorney. the Executive Director of Legal Aid for the past 40 years. Although it would be easy to say that Tony is the “face” of Legal Aid, it would be more Difficult as it may be to believe, Tony didn’t accurate to say that he is the heart and soul of start his career here in Broward County. After the organization and the face of equal justice law school at the George Washington Uni- for all. Indeed, Tony Karrat is a Warrior for versity Law Center, Tony spent three years Justice. with Seattle (Washington) Legal Services specializing in general poverty law issues, Tony Karrat family law matters and as a supervisor in a Melisa Malone is the Mar- prison law project. has had a significant impact on the low- in keting & Communications come community of Broward County in ar- Manager at Legal Service of Broward County and He then joined Legal Aid Service of Broward eas as diverse as housing conditions for the Coast to Coast Legal Aide County in 1975 as a branch office supervis- poor to protecting victims of domestic vio- of South Florida. For more ing attorney prior to being named Executive lence, to helping the homeless, veterans, se- information visit www. Director in 1976. Under his direction, Legal nior citizens, children and people living with browardlegalaid.org. Aid has grown from a three attorney office to HIV/AIDS. a regional law firm with a staff of more than 90 people. During these years, the program Throughout his tenure, Tony has earned a

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16 | November 2016 Broward County Bar Association Barrister legal health corner Tried and True Tips to Stay in Shape while on a Trip for Business or Pleasure by Michelle K. Suarez What does my trip to Buffalo, New number three below. on my trip. There is something sub- York, a bachelorette party in the consciously reinforcing about it and Keys, and the Florida Bar Annual Second, find out if where you are it takes away any excuse you might Convention in Orlando all have in staying has a fridge. Most hotels find not to work out if you had not common: FITNESS. Wherever I go, have a small fridge where you can packed any. be it for business or pleasure, there bring along pre-cooked foods like are certain things I always do to pre- eggs, vegetables and yogurt and We often use a trip as an excuse to pare for my trip to make sure that store it in the fridge so that you can come between our health and fitness my fitness goals are never compro- have snacks with you to avoid binge goals, but why? It doesn’t have to be. mised. In my fifteen years of living a eating. I always call in advance to Going away should never be a reason healthy lifestyle I’ve learned the ad- ask about gym hours and the fridge. to put your health and fitness goals age remains true that fitness is a jour- If you’re flying to your destination, on the back burner. It should be money and not a destination. On my there is likely a grocery or pharmacy tivation to pursue them and find cre- journey, I have learned various ways store within walking distance with ative ways to stay healthy! I hope my to ensure that my vacation never in- produce and snacks that you can buy tips help you stay on track on your terrupts my fitness and health goals. and take back to your room. next trip, and that you come back I love working out in new environ- feeling healthier, happier, and maybe ments! It is one of my favorite things Third, map out interesting landmarks even a little lighter. Stay healthy my to do. So here are a few valuable tips that are 1 to 3 miles away from your friends. I have learned that help me stay on hotel and plan on walking there. This track when I am away from home. is harder to do if you are not famil- iar with the area. But you may find, First, do your homework on where like I did in Buffalo, that you can get you are staying. Almost all hotels to know a city intimately by walk- nowadays have a decent gym with ing and get exercise at the same time. various cardio equipment and a few On our third day there we logged ten weight machines. Many even have miles! We hardly even noticed be- a full free weight set ranging from cause we were so captivated with the 5lb to 40lbs which allow you to do people and the architecture. several exercise variations. Hotels often have pictures of the gym on Fourth, as obvious (or not so obvi- Michelle Karinne Suarez, Esq. is a business attorney their website which allow you to see ous) as it may seem, always always practicing transactional always pack at least two pairs of ex- and litigation work at the equipment they have so that you Kelley Kronenberg, P.A.’s can plan your workouts in advance. ercise outfits and one pair of all use Fort Lauderdale office. She is also a fitness If you are staying with family or at a sneakers (that can be used for run- competitor. She can be reached at (954)370-9970 location that does not have a gym on ning or lifting weights). I find that or via email at msuarez@ site, you can look up parks nearby to just by packing exercise clothes I kelleykronenberg.com. go for a walk or run, or just see tip am more likely than not to exercise

Broward County Bar Association Barrister November 2016 | 17 Recent Developments in the Law

by Nancy Little Hoffman FLORIDA SUPREME COURT it was not harmless in this case beyond Appeal, asking whether the United States SPEAKS ON CAPITAL PUNISH- a reasonable doubt. Accordingly, the de- Supreme Court’s decision in Hurst v. MENT STATUTE - TWO OPINIONS: fendant was entitled to a new penalty re- Florida declared Florida’s death penalty view proceeding. unconstitutional and if not, whether the I. In Hurst v. State, 41 Fla. L. Weekly newly enacted sentencing statute applies S433 (Fla. Oct. 14, 2016), the Florida Su- The defendant and supporting amici ar- to pending capital prosecutions occurring preme Court addressed the United States gued that because his death sentence prior to its effective date. The Court con- Supreme Court’s opinion, which held must be vacated, he should now receive cluded that the Hurst opinion did not de- that Florida’s capital sentencing statute an automatic life sentence based on sec- clare the penalty unconstitutional. was unconstitutional to the extent that tion 775.082(2), Florida Statutes. That it failed to require the jury, rather than statute provides that if the death penalty As to the new statute, the Court resolved the judge, to find the facts necessary to should be held unconstitutional, the trial many of its provisions as complying with impose the death sentence. In a lengthy court must sentence an affected defendant the Hurst requirements. However, it per curiam opinion, the court discussed to life imprisonment. However, in this concluded that the new statute may not prior opinions by both courts on the issue opinion the Florida court agreed with the be constitutionally applied because it re- and explained that the death penalty may State that the statute existed only to as- quires that only ten jurors recommend now be imposed only if the jury finds sure that a life sentence will be imposed a sentence of death rather than a unani- “the existence of the aggravating factors on individuals previously sentenced to mous twelve-person jury. proven beyond a reasonable doubt, that death if capital punishment is declared the aggravating factors are sufficient to unconstitutional. impose death, and that the aggravating factors outweigh the mitigating circum- Finally, the Florida court held that the stances.” When Mr. Hurst was sentenced jury’s findings and recommendation of in 2012 those same requirements existed, a death sentence must be unanimous. It but it was the trial judge and not the jury explained that this ruling was based not Nancy Little Hoffmann who made the findings. only on Florida’s history of requiring is a Board-Certified unanimity in jury verdicts, but also that LaAppellatewyer pra Lawyercticing in the The United States Supreme Court had it is required by the Eighth Amendment. Fopracticingrt Lau dein rdtheale Fort area Lauderdale area since expressly declined to decide whether that since 1974. She may be co1974.ntac tedShe mayat be954-771- Sixth Amendment violation was harm- II. In Perry v. State, 41 Fla. L. Weekly 0606contacted or atby 954-771-0606 e-mail at less, as the State contended. In this opin- S449 (Fla. Oct. 14, 2016), the Florida NLHor by appeale-mail [email protected] . [email protected] more information, s ee ion, the Florida court held that it was sub- Supreme Court answered two certified NancyLittleHo mann. ject to a harmless error review, but that questions from the Fifth District Court of com.

18 | November 2016 Broward County Bar Association Barrister November calendar of events

1 ADR CLE: Mediator Ethical 16 Appellate CLE: County to 29 Northwest Broward Section Pitfalls: Chapter 1 Circuit Appeals: Meet the Luncheon Time: 12:00 p.m. – 1:30 p.m. Appellate Panel Topic: LGBT Venue: BCBA Conference Time: 12:00 p.m. – 1:30 p.m. Time: 12:00 p.m. – 1:30 p.m. Center Venue: BCBA Conference Venue: Runyon’s Coral Springs Cost: $15 BCBA Member; $25 Center Cost: $15 Northwest/Northeast Non-Member Cost: $15 BCBA Member; $25 Section Members; $25 General Non-Member Admission 3 CLE: Hot Trends in Employment Law 16 *Date Change Due to Hurricane Time: 12:00 p.m. – 1:30 p.m. Matthew Upcoming Special Events Venue: BCBA Conference The Cuban Enigma: A Year Visit our online Calendar for more Center Later CLE & Reception information. Cost: $15 BCBA Member; $25 Time: 5:30 p.m. – 8:30 p.m. Non-Member Venue: BCBA Conference December 1 Center 2016 BCBA Annual Member 3 Yoga for Lawyers Cost: $25 General Admission; Holiday Party Time: 5:30 p.m. – 7:30 p.m. No charge BCBA Judiciary Time: 5:30 p.m. – 8:30 p.m. Venue: BCBA Conference Center Venue: Fort Lauderdale Cost: $10 BCBA Member; $15 16 Solo/Small Networking Antique Car Museum Non-Member Dinner Cost: No Charge BCBA Time: 6:00 p.m. – 8:00 p.m. Member; $25 Member Guest 4 YLS 2nd Annual Pro Bono Venue: Dave and Busters Breakfast Cost: $35 BCBA Member; $25 December 6 Time: 7:30 a.m. – 8:30 a.m. Non-Member * $5 additional at West Broward & Weston Venue: BCBA Conference Center the door Sections Holiday Party Cost: Free Honorees and Time: 5:30 p.m. – 8:00 p.m. Judiciary; $10 General 17 CLE: How to Maximize the Use Venue: Moon Thai – Weston Admission of Your Mediator Cost: No Charge Section Sponsored by: Upchurch Watson Member; $10 BCBA Members; 5 Guardianship 8-hour Adult White & Max $25 Non-Members; Free Time: 9:00 a.m. – 5:00 p.m. Time: 12:00 p.m. – 1:30 p.m. Judiciary Venue: BCBA Conference Center Venue: BCBA Conference Cost: $180; No Walk-ins Center December 8 accepted Cost: $15 BCBA Member; $25 Northeast & Northwest Non-Member Broward Sections Holiday 8 Northeast Broward Section Party Luncheon 18 2016 Nuts and Bolts Family Time: 5:30 p.m. – 7:30 p.m. Topic: PIP Law Updates Law Seminar Venue: Alpine Jaguar Time: 12:00 p.m. – 1:30 p.m. Time: 9:00 a.m. – 5:00 p.m. Cost: No Charge Section Venue: ROIG Lawyers Office Venue: BCBA Conference Member; $10 BCBA Member; Cost: $15 BCBA Member; $25 center $25 Non-Member; Free Non-Member Cost: $75 BCBA Member; $100 Judiciary 12 Guardianship 4-hour Minor Non-Member Time: 9:00 a.m. – 1:00 p.m. February 10 Venue: BCBA Conference 29 Construction CLE: Stucco – 2017 Marijuana Legalization Center Facts & Myths Summit Cost: $100; No Walk-ins Time: 12:00 p.m. – 1:30 p.m. Venue: Bahia Mar Fort accepted Venue: BCBA Conference Lauderdale Beach (DoubleTree Center by Hilton) Cost: $15 BCBA Member; $25 Sponsorships Available Non-Member

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