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LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION TAmpA, FLORIdA | mAY - JUNE 2020 | VOL. 30, NO. 45 Cover may-June 2020 Cover_Layout 1 4/28/20 6:08 pm page 2 HCBA lawyer May-June 2020 Proof 4_layout 1 4/28/20 6:14 PM Page 1

THE HIllSBoRoUGH CoUNTY BAR ASSoCIATIoN LAWYER MAY - JUNE 2020 | Vol. 30, No. 5

divisions features & events 6 10 Coffee aT The CourThouse 14 2020 honorable roberT J. simms high sChool moCk Trial ComPeTiTion 17 yld reCognizes lyndsey siara 10 18 beyond The robe: Judge Caroline TesChe arkin by­Lyndsey­E.­Siara 29 Criminal laW seCTion lunCheon 4 Caring Through a Crisis 34 eminenT domain seCTion ­Editor’s­Message­ lunCheon/Cle by­Dineen­Pashoukos­Wasylik 36 17Th annual JudiCial food 29 6 sTaying sTrong in This fesTiVal & 12Th annual Challenging season 5k Pro bono riVer run HCBA­President’s­Message­ by­Grace­H.­Yang 40 healTh Care laW seCTion lunCheon/Cle 8 PraCTiCing Wellness, esPeCially in 49 managing ParTners roundTable Troubling Times 53 seCuriTies laW seCTion YLD­President’s­Message­ lunCheon/Cle 34 by­Jeff­Wilcox 55 senior Counsel seCTion lunCheon 12 amid CoVid-19 PandemiC, signs of hoPe: healTh Care, 59 young laWyers diVision fronTline CommuniTy holds annual Cle Workers are ameriCa’s 62 Trial & liTigaTion neWesT heroes seCTion lunCheon Executive­Director’s­Message­ by­John­F.­Kynes 71 ask-a-laWyer 16 CourT oPeraTions in a 72 laWyer magazine 30-year CoVid-19 enVironmenT anniVersary: faVoriTe 36 From­the­Thirteenth­Judicial­Circuit CoVers from 2011-2015 Chief­Judge­Ronald­Ficarrotta

about the Cover Continuing with our theme of highlighting unique and meaningful architecture and locations about the County, we are featuring this beautiful photo from MacDill Air Force Base, in honor of Memorial Day. MacDill Air Force Base has been a part of our community, since its founding in 1939. Today, MacDill is a busy and important base, serving as home to the 6th Air Refueling Wing, its 310th Airlift Squadron flying the C-37A, and its 50th Air Refueling Squadron and 91st Air Refueling Squadron flying the KC-135. It also is home to the headquarters for two of the U.S. military’s unified combatant commands: United States Central Command (USCENTCOM) and United States Special Operations Command (USSOCOM). We are proud to call MacDill and the service members and airmen who are stationed at the base part of our community. (Photo, courtesy of MacDill AFB)

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seCtions 56 Committees

30 26 24 breaking The rules: 45 nuTs & bolTs of family laW florida’s reVised mandaTory disClosure 26 bar leadershiP insTiTuTe rulemaking ProCess Marital­&­Family­Law­Section­ TeaChes The imPorTanCe by­Richard­J.­Mockler Appellate­Practice­Section­ of CommuniTy engagemenT by­Joe­Eagleton 52 seCure aCT and esTaTe Bar­Leadership­Institute­ 28 “JoinT exPerT” Vs. Planning: ensuring your by­Julia­Kapusta “finanCial neuTral”: ClienT’s Plan is sTill uP 32 inTerseCTionaliTy: The Three key differenCes To daTe bridging The inClusion gaP Collaborative­Law­Section­ Real­Property,­Probate­&­Trust­Law Diversity­&­Inclusion­Committee by­J.­David­Harper Section­by­Luis­A.­Silva by­Monica­Williams­Harris­ 30 for Whom The PermiT Tolls: 54 The laW of drones in florida 46 diVorCe for VeTerans: using seCTion 252.363 Senior­Counsel­Section­ knoW WhaT you don’T knoW! by­Thomas­Newcomb­Hyde during CoVid-19 emergenCy Military­&­Veterans­Affairs­Committee Construction­Law­Section­ 56 ouTsourCe To boosT by­Kristin­Kirkner­ by­Jaime­R.­Maier ProduCTiViTy and 48 The ThirTeenTh JudiCial 42 CoVid-19: a balanCing ProfiTs in 2020 CirCuiT Professionalism aCT for emPloyers Solo­&­Small­Firm­Section­ CommiTTee by­Rinky­S.­Parwani­and­Kristin­Tyler Labor­&­Employment­Law­Section­ Professionalism­&­Ethics­Committee by­Gregory­A.­Hearing­&­ 60 Qualified ChariTable by­Jaret­J.­Fuente Matthew­A.­Bowles­ disTribuTions and The seCure aCT Tax­Law­Section­ by­Nicolette­F.­Rea in everY issue 61 The aPPliCaTion of dauberT 25 100 Club in business liTigaTion Trial­&­Litigation­Section­ 27 neW hCba members by­Brandon­Faulkner 50 benefiT ProViders 64 do noT WaiT unTil monday 65 around The assoCiaTion on Weekend deadlines 68 adVerTising index 52 Workers’­Compensation­Section by­Anthony­Cortese 68 Jury Trials

THE HIllSBoRoUGH CoUNTY BAR ASSoCIATIoN editor offiCers dineen Pashoukos Wasylik President: grace h. yang President-elect: Paige a. greenlee; immediate Past President: John a. schifino executive director secretary: scott o. stigall; Treasurer: robert J. scanlan LAWYER John f. kynes ex-offiCio Chief Judge ronald ficarrotta; Judge frances m. Perrone, brad kimbro Chester H. Ferguson law Center direCTors 1610 N. Tampa St., Tampa Fl 33602 adVerTising alex Caballero Vivian Cortes hodz amanda m. uliano Telephone (813) 221-7777 Pr/Communications director Christine derr anthony d. martino Jeff Wilcox www.hillsbar.com stacy Williams Victoria n. ferrentino Cory J. Person [email protected] (813) 221-7779 matthew hall Jacqueline simms-Petredis

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

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The Hillsborough County Bar Foundation wishes to thank these sponsors (to date): Silver Sponsors Marquee Sponsor Adams and Reese LLP Rywant, Alvarez, Jones, Russo & Guyton, P.A. Barnett, Bolt, Kirkwood, Long, Koche & Foster Shumaker, Loop & Kendrick, LLP The Yerrid Bradley Arant Boult Cummings LLP Smoak, Chistolini & Barnett, PLLC Law Firm Burr & Forman LLP Tampa Bay Rays Carlton Fields TECO Clark & Martino* Trentalange & Kelley, P.A. Greenberg Traurig Wagner McLaughlin Elite Sponsor Gunn Law Group Global Litigation Bronze Sponsors Consultants Akerman LLP Hill Ward Henderson Ankura Johnson Pope Bokor Ruppel & Burns LLP Rosemary Armstrong & Sandy Weinberg Kynes, Markman & Felman, P.A.* Premier Sponsor Bajo|Cuva|Cohen|Turkel La Cava & Jacobson, P.A. Buell & Elligett, P.A.* Lau, Lane, Pieper, Conley & McCreadie The Bank of Tampa Bush Graziano Rice & Platter, P.A.* Lieser Skaff Alexander, PLLC Bush Ross, P.A. Mills Paskert Divers* Carey, O’Malley, Whitaker, Mueller, Oscher Consulting Platinum Sponsors Roberts & Smith, P.A.* Phelps Dunbar LLP Cole, Scott & Kissane, P.A. Prida, Guida & Perez, P.A. Ashley HomeStore Edward H. Farrior, M.D.* Quarles & Brady LLP Gunster Gaylord Merlin Ludovici & Diaz Sabal Trust Company Gray|Robinson Sessums Black Caballero Ficarrotta Holland & Knight LLP Greenlee Law PLLC* TCS Harris Hunt & Derr P.A.* Thompson Brand Images *Shared Sponsor

For Sponsorship or Ticket Information, contact Darlene Kelly (813) 221-7774 • [email protected] The Bar Foundation hopes that you and your families are safe and healthy!

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EDITOR’S MESSAGE Dineen Pashoukos Wasylik – DPW Legal

Caring Through a Crisis

if we can remember to choose caring, we will get through this, and our lives and our profession will be better for it.

s the COVID-19 pandemic has shut down businesses and schools, we’ve been in crisis. And in a time of crisis, the world needs lawyers more than ever. It has been so heartening to watch our profession jump into action: interpreting the rapid-fire changes in law, advocating for those in need, and supporting businesses, schools, hospitals,A and individuals as they navigate daily uncertainty. Just because we have risen to the challenge does not mean it has been easy. We are adapting to new technologies, reduced productivity, reduced support, and in many cases reduced income or unemployment, while balancing increased responsibility at home (there is a reason I am a lawyer and not a teacher!), increased client demands, increased health worries, and deadlines that do not know there is a crisis. garb. And the virtual video happy hour with friends I’ve watched fellow attorneys make the best of it with from around the country may well be the best thing to humorous social media posts — sharing silly pictures of their come out of 2020. “colleagues,” a.k.a. pets and children, in funny situations, or their “business on top, party down below” video conference Continued on page 5

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EDITOR’S MESSAGE Dineen Pashoukos Wasylik – DPW Legal

Continued from page 4 making him angry or sad or mean? I don’t know, but I do know it is not about me. So I remove myself from But there’s also an undercurrent of coping difficulties the equation and find I can handle the situation much (so, so many references to “wine-o’-clock” and day drinking better when I don’t let taking offense get in the way. and understandable impatience and anger). It can be 3. “Don’t make assumptions.” This is all about scarily easy to slip into unhealthy coping mechanisms. asking good questions, expressing yourself honestly, Stress causes not just fight or flight, but also freeze. and avoiding drama. Physiologically, the best ways to break free of that freeze 4. “Always Do Your Best.” This one sounds like you and complete the stress response cycle include exercise/ must be absolutely be 100% on your game, but it’s movement, mindfulness and meditation, or even a good not. Your best differs from moment to moment, and old-fashioned cry or scream. sometimes your best is writing the best brief of your In the face of so much additional stress, I am reminded life and sometimes your best is showering before 10 to lean on one of my favorite life skills books: The Four am. Whatever kind of day it is, do your best without Agreements by Don Miguel Ruiz. This simple, small tome self-judgment or self-abuse or regret. carries four big ideas that make business and life smoother. The undercurrent of these four rules is caring: Caring They are: for yourself, and approaching the people with whom you 1. “Be impeccable with your word.” Be honest with interact with care. If we can remember to choose caring, yourself and others. Speaking with integrity is the we will get through this, and our lives and our profession first step to managing difficult situations. will be better for it. And if you need help, please ask. The 2. “Don’t take anything personally.” If my first Florida Bar’s Lawyers Assistance Program confidential thought is “what a jerk!” I take an immediate step back. hotline, 800-282-8981, can provide much-needed support. What might this person be going through that is In the meantime, do your best.

Tampa’s only Family Law Inn, The Stann Givens the Stann Givens Family Law Inn of Tampa, Family Law Inn is now accepting applications for the 2020-2021 Inn year, which starts of Court in August 2020.

Are you new to the practice of family law? Do you want to get more involved in the family law community? Are you interested in getting to know the judges who will be presiding over your family law cases?

Formed in 1995, The Stann Givens Family Law Inn of Tampa is an organization of family law judges, magistrates, hearing officers, attorneys, and law students, who are dedicated to professionalism, ethics, civility, and excellence in the practice of family law. We were the first Inn in Tampa to be recognized by the American Inn of Court as achieving the highest standards of an Inn – Platinum.

We hope that you will consider becoming a member.

TO APPLY, COMPLETE THE APPLICATION ON OUR WEBSITE at: www.inns.innsofcourt.org/for-members/inns/the-stann-givens-family-law- american-inn-of-court-of-tampa.aspx or Google “Givens Inn.”

THE DEADLINE TO APPLY IS JUNE 30, 2020.

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HCBA PRESIDENT’S MESSAGE Grace H. Yang – GrayRobinson

staying strong in this Challenging season

i urge our members to do their best to take care of their physical and mental health and help those around them.

Dear members, I am writing this issue’s President’s Message in March 2020 as the worrisome news keeps arriving about the novel coronavirus, COVID-19. Based on public health official recommendations, the HCBA announced event postponements or cancellations through April (extended to May 31 after this article’s writing). The Ferguson Law Center, normally host to many meetings, has become pretty quiet. Some of us are preparing to work remotely, away from the usual company of colleagues. Some of us are duty bound and showing up for work to provide essential services in the community. Our members are great sources of pride. Clients search us out We have learned new phrases like “social in normal times for advice, counseling, and help with a variety of distancing” and “flatten the curve” and have legal issues. In extraordinary times like now, our members are had to significantly alter social behaviors like shaking hands in greeting. Continued on page 7

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HCBA PRESIDENT’S MESSAGE Grace H. Yang – GrayRobinson

Continued from page 6 updated. Some sections and committees have switched to webinars, video conferences, and conference calls to having to rely even more upon a great variety of skills. share information. Our HCBA Lawyer Referral Service Our members are analyzing documents, case law, and volunteers have answered hundreds of phone calls offering input, and keeping up with new executive from the public seeking help. Our HCBA team has kept orders that state and local officials are issuing. We are up with a lot of work remotely to continue member problem-solving even as facts, data, and legal goalposts services with as little disruption as possible. seem to change from day to day. We are considering I urge our members to do their best to take care of what is best for the greater good, what is practical, what their physical and mental health and help those around makes sense, and are pooling collective life experiences them. I truly hope you all stay safe, express gratitude, as many look to us to communicate calmly-delivered and show kindness. In highly challenging and stressful and sound guidance. times as these, it’s even more paramount that family, We are acting as strategic planners, putting forth our friends, neighbors, and strangers support each other as best efforts in an uncertain future. We are organizing much as possible, and I am confident that HCBA and managing our own work and needing to adjust members will continue to help as we eventually head routines in life. Some of us are managing teams working towards a path of recovery and normalcy. I hope to see a lot more remotely than before, and we are needing many of you soon, shake your hands, offer hugs, to adapt quickly to interact with many people from a and welcome you back to bar events. However, if physical distance. circumstances prevent our ability to gather in the I am also very proud of our HCBA team under the coming months, please know that your HCBA and I leadership of executive director John Kynes. The personally send our very best wishes! n website and social media channels continue to be

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YLD PRESIDENT’S MESSAGE Jeff Wilcox – Hill Ward Henderson

Practicing Wellness, especially in Troubling Times

first and foremost, be sure to take care of you, and engage in stress-reducing activities.

ay is designated by The Florida Bar distance while maintaining social connections with those YLD as “Health & Wellness Month.” who are important in our lives. This may include calling Due to recent events and the or video chatting with loved ones or friends, or even temporary new world we find writing a letter or e-mail to someone you may have lost ourselves in, anxiety, stress, fear, and contact with. negative thoughts can easily take control. Many may think Finally, don’t be afraid to seek help. The Florida Bar that, because of recent events, they do not have time to and the American Bar Association both have a multitude Mpractice wellness, but these of mental health resources for troubling times underscore the lawyers and young lawyers in importance of our overall stressful times. wellness and mental health. The HCBA YLD continues This is especially true given to support the promotion of that lines may be blurred the health and wellness of its between many workplaces and members, as it hosted Lisa the safe haven that is typically Giarratana, LCSW, for a our home. wellness CLE luncheon in So during this Health & February, where she gave Wellness Month, here are extremely useful tips and some tips to maintain or guidance on managing the improve your mental health demands of the legal and overall well-being. First profession with mindfulness. and foremost, be sure to take Further, the HCBA YLD still care of you, and engage in plans to offer wellness events stress-reducing activities. This may include taking a and activities during this Health & Wellness Month, so break to meditate, listen to an inspirational podcast, or please be on the lookout for announcements regarding go for a walk. those events and how you can participate. Let’s all be sure Also, be sure to check in with others. Though “social to focus on maintaining a healthy lifestyle and improve distancing” is currently required, you can still physically wellness, especially in these particularly stressful times. n

need Cle CrediTs? You can now order a selection of more than 60 previous CLEs in mp3 downloadable format from HCBA! download the file and listen at your convenience in the comfort of your home. Cles on Cd also are still available for order if you prefer that format.

For more inFormation, visit www.hillsbar.com.

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Coffee at the Courthouse The young lawyers division and the hillsborough association for Women lawyers co-hosted another successful “Coffee at the Courthouse & Judicial shadowing day” on february 28 at the edgecomb Courthouse with the judges of the Thirteenth Judicial Circuit Court. Thank you to the judges that participated and shared their valuable insight and advice to the attendees. also thank you to our event sponsors:

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

amid CoVid-19 Pandemic, signs of hope: health Care, frontline Community Workers are america’s newest heroes

as always is the case, members of the legal community will play a critical role in helping our nation regain its bearings.

n between the disturbing daily TV news briefings about the COVID-19 pandemic, comes reports about America’s newest heroes. All the health care workers putting their lives at risk every day to treat infected patients Iand manage the crisis. And all the first responders and the other frontline community workers, such as grocery store clerks, who help the rest of us all carry on as best we can. Their everyday acts of personal sacrifice and compassion are truly inspiring. We are all in this together, and the road to recovery will certainly be a long one. In March, a Franciscan brother from Dublin, Ireland, And, as always is the case, members of the legal named Richard Hendrick posted on Facebook a poem he community will play a critical role in helping our nation had written to give respite to all those people who were regain its bearings. in “lockdown” amid the coronavirus pandemic. For instance, the Florida Bar YLD, in conjunction Hendrick said he was inspired to write the poem by with the ABA Young Lawyers Section and FEMA, has news coverage of the pandemic outbreak. He was invited re-opened its Disaster Relief Hotline. to read his poem on BBC Radio London, and it was Working remotely, volunteer attorneys assist citizens featured on a broadcast by CNN’s Anderson Cooper. negatively impacted by COVID-19 on a pro bono basis Seen as a strong message of hope in the face of dire by returning calls placed to the YLD’s 1-800 hotline. circumstances, Hendrick’s Facebook post has been You can get more information about this great shared tens of thousands of times. The full text follows opportunity to help your fellow Floridians in their time on the next page: of need on the Florida Bar or HCBA websites. Continued on page 13

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

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

Continued from page 12 All over the world people are waking up to a new reality To how big we really are. “Lockdown” To how little control we really have. Yes there is fear. To what really matters. Yes there is isolation. To Love. Yes there is panic buying. So we pray and we remember that Yes there is sickness. Yes there is fear. Yes there is even death. But there does not have to be hate. But, Yes there is isolation. They say that in Wuhan after so many years of noise But there does not have to be loneliness. You can hear the birds again. Yes there is panic buying. They say that after just a few weeks of quiet But there does not have to be meanness. The sky is no longer thick with fumes Yes there is sickness. But blue and grey and clear. But there does not have to be disease of the soul They say that in the streets of Assisi Yes there is even death. People are singing to each other But there can always be a rebirth of love. across the empty squares, Wake to the choices you make as to how to live now. keeping their windows open Today, breathe. so that those who are alone Listen, behind the factory noises of your panic may hear the sounds of family around them. The birds are singing again They say that a hotel in the West of Ireland The sky is clearing, Is offering free meals and delivery to the housebound. Spring is coming, Today a young woman I know And we are always encompassed by Love. is busy spreading fliers with her number Open the windows of your soul through the neighbourhood And though you may not be able So that the elders may have someone to call on. to touch across the empty square, Today Churches, Synagogues, Mosques and Temples Sing. are preparing to welcome and shelter the homeless, the sick, the weary So, to all our HCBA members, take care of yourselves, All over the world people are slowing down and reflecting and remember, the sky is clearing, and spring is coming, All over the world people are looking at their neighbours hopefully soon. in a new way See you around the Chet. n

Now’s the Time to Renew Your HCBA Membership! Stay Connected. Look Forward. We appreciate your support of the HCBA in these uncertain times. Join us as we look forward to better times and stronger connections in the new Bar year. Renew today. Installment plans available.

Go to hillsbar.com to learn more.

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2020 Honorable Robert J. Simms High School Mock Trial Competition The hCba young lawyers division hosted another great honorable robert J. simms high school mock Trial Competition on february 22, with several local schools participating! Congratulations to the bell Creek academy team, who won this year again and will advance to the state competition on behalf of the Thirteenth Circuit.

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Thank you also to the committee members; the local attorneys that volunteered to serve as scoring jurors; florida Court reporters; the many judges that participated; and the event sponsors: older, lundy & alvarez, Johnson and Jackson, PllC, and burr forman.

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

Court operations in a CoVid-19 environment

addressing the needs of the circuit, within the spaces we have, is complicated.

he court facilities of the Thirteenth Judicial and updates to provide security enhancements, Circuit are meant to serve the people. They incorporate technology, and create additional courtrooms must be open to the public and accessible and seating, no one ever contemplated that court to all. However, COVID-19 has had a attendees would need to stay six feet from each other or significant impact on Hillsborough County, participate remotely. First appearances following arrest to include court business. Community leaders had to take place in courtroom 17, where those in custody shift from normal business make video appearances. operationsT to COVID-19 Key participants generally compliant operations. My appear in person and focus was to ensure that witnesses testify within essential court events and the courtroom. In order mission critical hearings to provide more distance could be held in an between people, a environment that promotes microphone was installed public health. in the public gallery, Thankfully, I have allowing witness testi mony numerous support systems. from a distance. And only The Admini strative Office those whose presence is of the Courts for the essential are now permitted Thirteenth Circuit had into the courtroom. recently updated our Continuity of Operations Plan We have also made significant changes as to the way (COOP) and Pandemic Plan, which enabled me to by which juvenile detention hearings are conducted. quickly prioritize the types of hearings that must be held. Remote video appearances of parties are the new norm, The Centers for Disease Control and the Florida to include the youth at the detention facility and their Department of Health provided guidance on social parents/guardians. The judge sees and hears everyone distancing, maximum room occupancy, and cleaning from a monitor on the bench. Shelter hearings are also protocols. Supreme Court Chief Justice Charles Canady conducted with video appearances. and the Administrative Office of the State Courts held Times like these can bring out the best in people. teleconferences to address the needs and questions I am grateful for active engagement of my fellow judges, of the Circuit Court Chief Judges. I quickly acquired to include the Administrative Judges who generously the information needed to enter Administrative Order shared ideas and support. Our local justice partners, S-2020-019 (dated March 18, 2020), detailing the such as the Clerk, Public Defender, State Attorney, COVID-19 mitigation efforts of the circuit. Sheriff and Chiefs of Police, were tireless in their efforts However, addressing the critical needs of the circuit, to see justice served while ensuring public safety. within the spaces we have, is complicated. Courtrooms Obstacles are overcome with collaboration and of the Thirteenth Circuit were not built with social innovation. The business of the court continues when distancing in mind. The criminal annex was built in we all aspire to the same goals. In Hillsborough County, phases, in 1952 and 1984. While there have been build-outs our justice partners share goals, and we reach them. n

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YLD Recognizes Lyndsey Siara Congratulations to senior Judicial staff attorney lyndsey siara with the Thirteenth Judicial Circuit on being recognized by The florida bar young lawyer division as one of nine outstanding young female lawyers, who were highlighted during international Women’s week in march. she was elected to the hCba’s yld board three years ago and in that time has championed the creation of an outstanding young government attorney award. she also organized a regional summit on government attorneys in our area (currently postponed) and encourages other government attorneys to get involved in bar activities. also, she is a regular contributor to this lawyer magazine: in fact,

Lyndsey Siara she is the author of the feature article starting on the next page on Judge Caroline arkin Tesche! additionally, siara and a colleague spearheaded the opening of two lactation rooms at the edgecomb Courthouse and have pushed for more across the state. she is also active in The Junior league of Tampa, playing an instrumental role in the success of Tampa’s first and only diaper bank. siara gives countless hours of her time to the local bar and community at large, while excelling in her role as a judicial staff attorney, and is very deserving of this recognition. Congratulations!

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MEET THE JUDGES by Lyndsey E. Siara – Thirteenth Judicial Circuit

beyond the robe: Judge Caroline Tesche arkin

Judge Tesche arkin was obviously thrilled to be nearing the finish line of her orthopedic surgery recovery.

Author’s Forward: The sixth segment of this series was written in the midst of a worldwide pandemic. The conversation that preceded the article occurred several weeks prior — long before remote work requirements and stay-at-home orders. But of course, there was some pause for concern about publishing a light-hearted exposé at a time when our world seems chaotic and the future uncertain. After consulting with the subject of this article, we decided it best to push forward. It is our sincere hope that this article will provide a small break from the surrounding craziness (whether induced by the news or work-from-home requirements whilst kids distractedly engage in shenanigans around you) and bring a sense of normalcy during these uncertain times. By publication, perhaps we are all back to our routines and our office desks. Either way, we find solace in knowing that we will reach the other side of this challenge and once again be together at the Chet.

ou will first notice and Nuns, by Bobby Sager. No doubt that this recurring markedly different subjects, but series on Thirteenth amusingly, the title usage for both is Circuit judges has quite apropos. been rebranded. While In the sixth segment of this series, we are certainly still “meeting the I highlight Judge Caroline Tesche judges,” it is my intention to take Arkin. On the tail-end of her recovery readersY Beyond the Robe and resumé from a total ankle replacement, Judge of the featured judge on a deeper Tesche Arkin graciously invited me to dive into their lives, interests, and her home to converse over a cup of personalities. Brief, non-scientific tea. Although it was her continued research revealed only one common recovery that prompted my home title: Beyond the Robe: Science for Monks and All It Reveals about Tibetan Monks Hon. Judge Caroline Tesche Arkin Continued on page 19

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MEET THE JUDGES by Lyndsey E. Siara – Thirteenth Judicial Circuit

Continued from page 18

visit, after spending time with her, I have no doubt she would have invited me regardless and welcomed me with a signature warm hug. Warmth. That is the primary adjective to describe Judge Tesche Arkin’s personality and the feeling she elicits from others. It was certainly the environment she created during our time together as we sipped an herbal blend, chatted, and gazed out into her backyard. Overlooking the Hillsborough River, her backyard is an oasis of banana trees and Judge Caroline Tesche Arkin butterfly gardens, along with a band stage and and her husband Steve a large bird aviary built by a dear friend. You before dog sledding shouldn’t be surprised to learn then that gardening is her favorite hobby. After her family and the law (more on those later), her backyard is a true and her maternal grandparents were lima bean growers love. It shows. The passion was born after her parents in southern California). She chose pumpkins, and encouraged teenaged Caroline to grow something. She realized she enjoyed watching them grow. Now she tapped into her ancestral agricultural roots (her dad’s family ran a walnut farm in what is now Silicon Valley, Continued on page 20

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MEET THE JUDGES by Lyndsey E. Siara – Thirteenth Judicial Circuit

Continued from page 19 the oldest graduating student, she earned her degree in art history and Native American studies. watches her bananas sprout along the river. Trying not Fred Senior was a physicist, having received his to be distracted by the beauty and serenity of her Ph.D. from UCLA, and worked for the government on backyard sanctuary, I had the pleasure of learning what top secret nuclear weapons research and development I now share with you. projects at Los Alamos National Laboratories. Judge Judge Tesche Arkin was obviously thrilled to be Tesche Arkin recalls that his level of clearance came nearing the finish line of her orthopedic surgery with a hostage negotiation plan (is that cool or what?!?!), recovery. The surgery that left her with a bionic ankle and her father’s immediate supervisor was a four-star stemmed from a shattered femur after a bad car accident general. While the family lived in New Mexico, when she was a sophomore in college, followed by Maryland, and D.C., the more notable mission was degenerative arthritis. In a diplomatic post as the college, her recovery United States Scientific motivation was a picture Advisor at the American of Mount McKinley. embassy in London. Now, it’s the Swiss Alps, About ten years old when which she plans to they moved abroad, young eventually trek. She also Caroline had what she focuses on returning to described as the best her courthouse family and academic experience of hopefully a more active her child hood. Having lifestyle than the arthritis skipped a grade in the previously allowed. Judge transition from America Tesche Arkin fancies to England, Judge Tesche herself an athlete and has Arkin learned to speak always loved the outdoors. French — she still speaks Judge Tesche Arkin is enough to get by — and a Tampa import. Born in even picked up a wickedly Judge Tesche Arkin and her older brothers New Mexico to Fred and good British accent. The Marilyn Tesche, the family eventually returned youngest child of this family had quite an interesting to California where her father finished out his career childhood. Judge Tesche Arkin had four older brothers working on energy alternatives like wind and solar, and — Fred, Tom, Allan, and Dan; her fondness for each of teaching at UC Berkley as a physics professor. them truly shines. Interestingly, the age gap between The family’s nomadic-like lifestyle spawned a life-long Judge Tesche Arkin and her brothers is quite expansive love for travelling; during summer breaks, Judge Tesche — 11 years separate her and her next youngest sibling. Arkin’s mother took her to countries such as Greece, Italy, So by the time baby Caroline came along, her brothers and France. As an adult, her travels are only more exotic. were mostly grown, and seemed more like uncles to her For their honeymoon, Judge Tesche Arkin and her — six-foot protective ones. husband Steve traveled to Iceland and Norway. They Judge Tesche Arkin’s child hood was shaped by her have been dog sledding on a glacier in Alaska, stayed in father’s career, so his story is interwoven with her early an overwater bungalow in the French Polynesian, and years. Fred Senior was born in San Jose, California (a went sailing on a catamaran in Bora Bora. As a last city in which I lived for several years — yet another hurrah before her surgery, Judge Tesche Arkin recently reminder that a collegial conversation can elicit travelled to Singapore and Thailand. Judge Tesche Arkin connections you never knew existed). He became a and Steve both appreciate memories and experiences Second Lieutenant in World War II. Judge Tesche over material things. Arkin’s parents were both students at the University of In that same vein, people and relationships are just as California Berkley when they met. After they married, important. That was apparent from the get-go; she took Marilyn suspended her studies to raise the children. Thirty-five years later, Marilyn returned to Cal, and as Continued on page 21

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MEET THE JUDGES by Lyndsey E. Siara – Thirteenth Judicial Circuit

Continued from page 20 Northwestern School of Law in Portland, Oregon, but spent her great joy in sharing with me the third year in New York City as a people she holds most dear. visiting scholar at Fordham Law Between her parents and School. Her entire family is brothers, as well as the family she exceptionally impressive in terms gained after her marriage to of academics and achievements — Steve, and her group of long-time she used the term “off the charts close friends (one of whom, smart.” Her oldest brother Fred has Jennifer Smith — affectionately a Ph.D. in electrical engineering known as “Wingman” — had and Tom has a Ph.D. in geophysics; been graciously assisting her both are brilliant scientists. Allan throughout her recovery), she had was the other lawyer in the family, a lot to talk about. At the expense and Dan — her “soul brother” — of sounding a bit “Hallmarky,” is a musician, artist, and free spirit. Judge Tesche Arkin described her The entire Tesche clan are gifted love and admiration for her “kind, orators. Judge Tesche Arkin fun-loving, and generous” recalled deep conversations and husband Steve, who is an great debates — all engaged in exceptional physician. Having Judge Tesche Arkin’s parents with respect for one another — met later in life, Judge Tesche around the dinner table. Fred Arkin and Steve live life to the Senior was a particularly talented fullest together. “My greatest gratitude in life is having educator. Judge Tesche Arkin highlighted a “Bring Your his love in it,” she warmly shared. During a brief one- Dad to School Day” during which Fred Senior held on-one moment with Jennifer, as she toured me through court with her schoolmates by placing a Hershey kiss on the backyard, I could sense how special Judge Tesche the top of each child’s head. With instructions that if Arkin is to those people she holds dear. you’re still enough to keep the kiss on your head, you I also gathered from Jennifer that Judge Tesche Arkin get to eat it at the end, Fred Senior orated about the is just a fun person to be around. As people-people, solar system or some other deep topic. With a laugh, Judge Tesche Arkin and her husband love to throw Judge Tesche Arkin considered implementing this themed parties in their backyard. Steve is her willing strategy for one of her trial advocacy classes at Stetson. partner in donning clever costumes for such events. The more memorable times with Fred Senior were during They’ve dressed up as “Night” and “Fever” (a Bee Gee’s his “lab talks” out in the garage. Judge Tesche Arkin reference, for those not old enough to know), and won would join Fred Senior in tinkering with an antique a “best costume” prize for attending as a hurricane — amateur ham radio to register Morse Code transmissions yes, a hurricane! She was the cone of uncertainty and from around the world. Or he would teach lessons about he a spaghetti model. She takes pride in personally the big questions kids have like Why is the sky blue? He designing and crafting most of these costumes. loved to talk and young Caroline loved to listen; a skill And hence the backyard band stage. Judge Tesche she finds helpful now as a judge. Arkin loves music, so no party is complete without it. As a Judge Tesche Arkin was elected to the bench in 2008. child, she had vocal training in classical music and played Her brother Allan, who has since passed away, was her the violin. Now, she plays some guitar and occasionally inspiration for going to law school. He was a prominent volunteers to sing at Law Follies. With a few college acting attorney and an elected Assembly Member in classes under her belt, she’s always willing to ham it up. Anchorage, Alaska, and also ran a bed and breakfast Judge Tesche Arkin and Steve have hosted barristers from with his wife, Pam. Allan was a gifted orator, just like the United Kingdom and weddings, and even feature Fred Senior. Judge Tesche Arkin recalled a time during regular musicales, in their backyard sanctum. which she was still in private practice and Allan was Just like her parents, Judge Tesche Arkin graduated visiting Tampa; she had laryngitis and an important from the University of California, albeit the Santa Barbara campus. She graduated from Lewis & Clark Continued on page 22

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MEET THE JUDGES by Lyndsey E. Siara – Thirteenth Judicial Circuit

Continued from page 21 an Assistant State Attorney under the woman who would become the first female and second-longest serving criminal hearing before former Judge Debra Behnke. United States Attorney General. Those five years as an Allan came to her rescue by appearing pro hac vice, with ASA were formative and landed her new roles at the U.S. the permission of the client, the State, and the judge, Attorney’s Office in Maine followed by private practice and despite not being a criminal attorney, he was a great in Key West. Realizing the weather was better down stand-in. Over the years, they would collaborate on South, Judge Tesche Arkin took her next chance by cases; Allan was her sounding board. Allan also became moving to Tampa and becoming an Assistant Public Judge Tesche Arkin’s campaign advisor — she even Defender under Julianne Holt. Judge Tesche Arkin had modeled her campaign sticker after his. Allan loved traveled all over the world, but Tampa soon became her Tampa and its Cuban sandwiches and cigars, and to this chosen home. day, there is a steady stream of family and friends that While on the bench, Judge Tesche Arkin has circulated travel between the Anchorage B&B and Tampa. through several divisions. The felony division was very Before running for judge, then-attorney Tesche Arkin natural for her, given her background as a criminal was in private practice doing mostly criminal defense defense attorney. There were challenging times of course. work, along with some estate planning, contracts, and She recalled a five-month pill mill RICO trial — what bankruptcy. While in law school, she spent a summer at she understands is still the longest state court trial in this the Department of Probation and then the New York Circuit. It was that experience, and the toll it took on her City Mayor’s Office. Uncertain of her next move, the mind and body, that led her to care deeply about judicial new graduate saw a brochure essentially touting “Come wellness and mindfulness. She later taught a course at the to Miami and Work for Janet Reno.” Intrigued, Judge Tesche Arkin took a chance, moved South, and became Continued on page 23

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MEET THE JUDGES by Lyndsey E. Siara – Thirteenth Judicial Circuit

Continued from page 22

Florida Circuit Court conference on the topic. Judge Tesche Arkin found great joy in the Juvenile Delinquency Division, feeling that she could make a difference in a child’s life. Her time in the Dependency Division was especially consequential; the weightiness of the decisions that must be made have stayed with her over the years — a child’s life truly is on the line in child welfare cases. Where possible, she tried to make special connections with the children, even dyed her hair pink because she thought the youngsters would enjoy it. Of course, she remembers the heart-wrenching cases where it felt as though there is little the system can do to change the course of a child’s life. But Judge Tesche Arkin held tight to the skills and lessons imparted by her dad — communication, listening, and being fundamentally optimistic. In her newest judicial assignment in the Civil Division, Judge Tesche Arkin sees it as an opportunity to expand her mind, and especially looks forward to those cases with scientific evidence — an obvious ode to her dad. Judge Tesche Arkin ended our time together with a sweet story that intersected her familial and judicial lives. She has fond early childhood memories of going to Native American pueblos with her mother, having lived in New Mexico as a child. She showed off a special Native American bracelet and ring that belonged to her mother, and that she now wears. Judge Tesche Arkin shared a story of travelling to Santa Fe for a judicial conference, wandering into a jewelry store, and noticing a ring that had an uncanny resemblance to hers. After inquiring with the shop owner, she was delighted to learn that the modern version of her 80-year-old ring was made by the grandson of the artist who made hers; she felt a special connection to her mom indeed. Should you get the chance to attend a Tesche Arkin backyard soirée, ask her about her “epic” guacamole, her Native American jewelry, or her butterfly garden — any of which will elicit a warm smile, and plenty to talk about. Until next time . . .

Author: Lyndsey E. Siara – Thirteenth Judicial Circuit

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breaking The rules: florida’s reVised rulemaking ProCess Appellate Practice Section Chairs:­Joe­Eagleton­–­Brannock­Humphries­&­Berman­and­Chance­Lyman­–­Buchanan­Ingersoll­&­Rooney

Practitioners will now constantly need to stay alert for changes to the rules on a rolling basis.

mphasizing efficiency adoption by the Court. The delay due to its involvement, “trial and a more streamlined has also meant that the committee judges are sometimes reluctant to process, the Florida members most intimately involved modify standard jury instructions Supreme Court has in analyzing, developing, and or to give other instructions implemented major changes to suggesting the proposals sometimes requested by a party that may be Ethe way Florida’s rules of court are no longer on the committee more appropriate.”5 procedure and standard jury when the reports and attendant Based on that concern, along instructions are developed, comments are considered by the with the additional concern that amended, and implemented. Court. Of course, the new ad-hoc the “current process for developing The changes, announced in two procedure, while “provid[ing] for and authorizing standard jury separate opinions issued in early more expeditious rule making,”3 instructions is more cumbersome 2020, mark a dramatic departure could have drawbacks of its own. than necessary,”6 the Court decided from the decades-long practices The committees will now constantly to remove itself from the process. of Florida’s ten rules and three be engaged in a process of Under this revised approach, the jury instruction committees. submitting proposals to the Court, three committees will now develop For years, the rules committees — and practitioners will now constantly and approve, by two-thirds vote, which oversee broad topics like the need to stay alert for changes to the new and amended jury instructions civil, criminal, and appellate rules rules on a rolling basis. and will publish those instructions along with the subject-specific rules Another change with a major on their own. Time will tell whether governing family, traffic, probate, impact on practitioners involves this system, while seemingly and small-claims proceedings — the process for creating, amending, granting the committees greater have filed reports with the Supreme and publishing standard jury responsibility, will reduce the Court on a staggered basis in instructions for use in civil, overall standardization of jury scheduled three-year cycles. No more. criminal, and contract and instructions given in Florida courts. n Starting June 1, the committees business cases. Dating back to will instead be authorized to file the late 1960s, when the Florida 1 In re: Amds. to Fla. R. Jud. Admin. proposals with the Court “whenever Supreme Court created the first 2.140, No. SC19-2104, slip op. at 2 a committee determines rules committee that was responsible for (Fla. Feb. 6, 2020). changes are needed.”1 According developing standard instructions 2 Id. at 1. to the Supreme Court, which took for each of these case types, 3 Id. at 2. this action on its own initiative, the Florida has had “one of the few 4 In re: Amds. to Fla. R. Jud. Admin., revised procedure will allow amend - state high courts that authorizes etc, No. SC20-145, slip op. at 2 (Fla. ments to Florida’s rules of court or approves standard, pattern, or Mar. 5, 2020). to be proposed and adopted “in a model jury instructions.”4 Although, 5 Id. at 5. more efficient, timely manner.”2 in each opinion adopting a model 6 Id. at 4. Historically, the cycle reporting instruction, the Court includes a system has caused efforts to amend caveat that it is not opining on the rules to languish for years the instruction’s correctness, the Author: Joe Eagleton – Brannock between their proposal and ultimate Court has come to believe that, Humphries & Berman

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

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

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BAr LeAdership institute teAChes the importAnCe of Community engAgement Bar Leadership Institute Chairs: Anthony Bradlow – Office of the Attorney General; Amanda Keller – Phelps Dunbar LLP; Matthew Parrish – Office of the Attorney General; Alicia Whiting-Bozich – Sivyer, Barlow and Watson

As lawyers, we have the opportunity and responsibility to better the community around us.

he Bar Leadership introducing its members to and sustainability: Water Street Institute’s winter many leaders within the Tampa is the first neighborhood modules — visits to community (both lawyers and to be certified by the International Strategic Property non-lawyers), and requiring its WELL Building Institute as a Partners (SPP), the front office members to plan and complete community dedicated to promoting ofT the Tampa Bay Vipers, and a service project. Through my health and well-being. It was Amalie Arena — all share a participation in this program, fascinating to learn about their common theme: the importance I have a better understanding centralized district cooling facility, of learning about, engaging in, are those that not only excel a facility that has the capability and strengthening the community at their chosen profession, but of cooling the majority of the around you. The Bar Leadership also find the time to give back buildings in the neighbor hood Institute offers the chance for to their community. while reducing energy its members to do just that by SPP, the Tampa Bay Vipers, consumption. This, in turn, providing monthly oppor tunities and the Lightning Foundation enables SPP to provide more to get a behind-the-scenes look at each demonstrated their publicly accessible space local organizations, encouraging commitment to the community throughout the neighborhood. involvement in the Hillsborough in different ways. For example, County Bar Association, SPP is committed to wellness Continued on page 27

The BLI class takes a behind the scenes tour of Amalie Arena.

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Continued from page 26

Meanwhile, the Tampa Bay Vipers, committed to accessibility, emphasized their goal of lowering the price of attendance to professional sporting events: a family of four can WELCOME NEW purchase tickets to a home game HCBA MEMBERS at Raymond James Stadium for less than $100. Moreover, they have FEBRUARY/MARCH 2020 implemented policies that allow children to meet the players on the field before the game. And as we Elizabeth Amaya were taking a facility tour of Amalie Lina Celine Angelici Arena, we encountered two puppies that were being carried by employees Alejandra Valentina Barrios for the Humane Society of Tampa Stacy Delayne Blank Bay, one of the many nonprofit Samantha Branda organizations that benefits from the Octavia Olga Brown Lightning Foundation’s charitable outreach. Charity is so ingrained in Edward Castagliuolo the organization that many season Emily Chase-Sosnoff ticket holders ask about opportunities Nicholas A. Chiappetta to volunteer with the Foundation. John Dixon While our last three modules have provided us with many standout Christopher Paul Fordham moments — including touching Vinette Godelia the ice at Amalie Arena, viewing a Ryan Hicks miniature model of the plans for Water Street Tampa, and observing Jessica Kramer firsthand the stress and excitement Harold Davis Lewis, Jr. that led up to the Tampa Bay Vipers’ David John Lisko home opener — I left each module John Lorelle with the lasting impression that the secret to each entity’s success Lucas Martinez was its dedication to bettering the Azmatullah Mustahsan community. As lawyers, we have the Marc B. Nussbaum opportunity and the responsibility to better the community around us. Cathie Orgill I’m thankful to the BLI and the local Behrens Owen organizations Danielle Veronica Paas that we have Ellen Pappas Bodenmiller visited for reinforcing Michael Quesada this lesson. n Kia Tolbert Matthew Wolf Author: Julia Kapusta – Second District Court of Appeal

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“Joint expert” vs. “finAnCiAL neutrAL”: the three Key differenCes Collaborative Law Section Chairs: Shannon Ciesluk – CBIZ, LMHM and Jessica Felix – Felix, Felix & Baseman, LLC

in collaborative cases, the primary role of the financial neutral is to explore options — helping to educate the clients.

hen hired to jointly serve both attorneys the financial neutral facilitates cases is often position-based — and their clients in “option-building” discussions where each side takes positions family law cases, with the full team, usually in a based on their application of case the forensic CPA works in a very conference room setting involving law and the joint expert provides differentW capacity depending on both clients, both attorneys, and opinions based on the underlying whether the case is litigated or a mental health professional. assumptions provided by each collaborative. In litigated cases, The primary responsibility of the attorney. In collaborative cases, the the forensic CPA serves as a “joint joint expert in litigated cases is to foundation for decision-making is expert” and may provide expert be responsive to a specific list of primarily interest-based — where testimony if the case proceeds to tasks in which the expert is expected the starting point for discussions are court. In collaborative cases, the to provide an opinion. The primary the specific interests of each client. forensic CPA serves as “financial responsibility of the financial neutral Positions can often be harmful in neutral” and may not be involved in collaborative cases is to be settlement discussions, encouraging if the case goes to court; however, proactive to the evolving needs of polarization — in which the other while the work is limited to the the team. The goal of information side often takes an equally opposing collaborative process, the financial gathering within the collaborative position. The more each side neutral often has a more expanded process is to be both as efficient clarifies and defends their positions, role within the collaborative team. as possible and as exhaustive as the more committed they are to The primary role of the joint needed. Document requests can them and the harder it becomes expert in litigated cases is often to often be far more streamlined to retract. The financial neutral’s express opinions — helping to and tailored to specific areas of goal in collaborative cases is to educate the court. Alternatively, concern, as the team discusses avoid positions by helping the in collaborative cases, the primary up-front the areas in which there clients focus on their specific role of the financial neutral is to may already be agreement. The interests instead. Whereas explore options — helping to financial neutral also works closely settlement discussions in litigated educate the clients. The financial with the collaborative facilitator cases often involve offer/counter- neutral often has greater flexibility (mental health professional) to offer negotiations, financial neutrals in assisting each client with getting address emotional issues which may help to explore creative options questions answered efficiently and be limiting progress on the financial that specifically comprehensively, outside of the front. Beyond the technical and meet the typical formal discovery requests communication skills needed in a clients’ shared of litigated cases. The goal within litigation case, the financial neutral interests. n the collaborative process is to must also have a high “EQ,” being quickly help both clients to establish aware of the emotional subtleties Author: “equal footing” regarding their of each client and exploring how J. David Harper, finances, allowing them to make to creatively address their concerns. CPA, ABV, PFS, fully informed decisions. Once the The primary foundation for CFF, CBA, CVA financial information is assembled, decision-making within litigated – Westbay CPAs

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Criminal Law Section Luncheon the Criminal Law section held a luncheon on february 13, featuring guest speakers state Attorney Andrew h. Warren and teresa hall, Conviction review unit supervising Attorney for the state Attorney. the speakers gave insight on how and when to file a petition for review. We appreciate Warren and hall for taking the time to meet with the section!

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for Whom the permit toLLs: using seCtion 252.363 during Covid-19 emergenCy Construction Law Section Chairs: Gregg Hutt – Trenam Law and Katherine Heckert – Carlton Fields

other types of in Chapter emergencies 252 in a defined in cross-reference Chapter 252 to Section include 381.00315, “manmade Florida Statutes. emergency” and “Public Health “technological Emergency” emergency.” is defined in A “natural When the governor that section to emergency” is declares a state of include infectious ith the COVID-19 defined in the diseases. The emergency causing statute as “an emergency, section 252.363 executive order uncertainty across emergency tolls these deadlines until that declared all markets and caused by a the Zika Virus the end of the emergency, industries right now, many developers natural event, emergency andW landowners are looking for including, but and allows for an extension similarly some relief. Section 252.363 of the not limited to, of the expiration date described that Florida Statutes is an avenue for a hurricane, a situation as a relief from impending expiration storm, a flood, for however many days “Public Health dates and deadlines contained in severe wave the emergency lasted Emergency.” permits and development orders. action, a Therefore, it is When the Governor of Florida drought, or an plus six months. not clear from declares a state of emergency, earthquake.” this terminology Section 252.363 tolls these deadlines Though not that either until the end of the emergency, exhaustive, this the Zika Virus and allows for an extension of the list does not necessarily contemplate or COVID-19 are “natural expiration date for however many disease- or virus-related emergencies. emergencies” as contemplated by days the emergency lasted plus six Although the Zika Virus emergency Section 252.363. months (note that if emergencies did serve to toll and extend deadlines The Florida Department of overlap, the overlapping days under the statute, that emergency Business and Professional Regulation may only be counted once in occurred before the statute was issued guidance on March 20, calculating the extension). This narrowed; therefore, the COVID-19 specifying that the COVID-19 statute has been used by many emergency is the first virus emergency as declared by EO 20-52 a permit-holder after Florida’s emergency occurring in the state does qualify as a “natural emergency” hurricane emergencies, and even since the statute was revised. for purposes of tolling permits after the Zika Virus emergency. Executive Order 20-52, which under Sec. 252.363. It is not clear In 2019, however, Section 252.363 declared the COVID-19 state of whether this is a policy decision was revised to specify a “natural emergency, describes COVID-19 for the COVID-19 emergency emergency” as the only type of as a “Public Health Emergency.” specifically or implies that the term emergency that will toll and extend That term is not defined in Section expiration dates and deadlines. The 252.363; however, it is mentioned Continued on page 31

HCBA Has Gone Virtual! We have planned a variety of informative new webinars for members. Check the calendar at hillsbar.com for upcoming events.

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for Whom the permit toLLs: using seCtion 252.363 during Covid-19 emergenCy Construction Law Section

Continued from page 30 when the emergency is over. The could be used in tandem with a issuing authority may respond Section 252.363 request, or could “natural emergency” will cover with an acknowledgement of be used before the COVID-19 viruses and/or “Public Health that right. Some jurisdictions will emergency is over to extend your Emergencies” for all purposes going request that the client formalize client’s deadline before an extension forward. Greater clarification in the the use of Section 252.363 through under Section 252.363 is ripe. statute may be necessary in the event that jurisdiction’s own processes Many jurisdictions, such as the our state faces another virus-related for extending deadlines. Sending City of Coral Springs, the City of emergency in the future. a notice letter well before your Brooksville, St. Lucie County, and Section 252.363 provides a client’s deadline is therefore Seminole County, have issued their 90-day window after the conclusion advisable, to provide you with own executive orders regarding the of an emergency (and any extensions enough time to find out if the tolling of various deadlines during thereof) to notify a local government, issuing authority will require local states of in writing, of the intent to exercise additional steps before accepting emergency the extension. If a client’s expiration your client’s intent to exercise their which may deadline is fast approaching and rights under Section 252.363. benefit your the COVID-19 emergency is not It is not unusual for a local clients as well. yet over, it may be worthwhile to government’s land development send a letter to the appropriate code to contain procedures for Author: jurisdiction to put them on notice requesting deadline extensions for Jaime R. Maier of the client’s intent to exercise certain types of development orders – Hill Ward their rights under Section 252.363 and permits. This type of extension Henderson

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interseCtionALity: Bridging the inCLusion gAp Diversity & Inclusion Committee Chairs: Marsha Moses – Law Offices of Kubicki Draper and Abraham Shakfeh – Butler Weihmuller Katz Craig, LLP

Barriers are broken and bridges are built when employees are not asked to erase a portion of their identity to gain equal access to opportunities and advancement. reating an inclusive work environment is challenging. While many law firms assert paper, Professor Kimberlé Crenshaw Since Crenshaw’s introduction, a commitment to diversity and examined the inherent difficulties others have adopted intersectionality Cinclusion (D&I), they continue in judicial treatment of race and to examine how multifaceted to struggle to recruit, retain and gender discrimination cases.4 identities are impacted by promote diverse lawyers, more Crenshaw used DeGraffenreid v. discrimination. D&I advocates specifically women lawyers of General Motors to demonstrate how have explored intersectionality, its color.1 Despite their efforts, law courts repeatedly ignore specific impact on diversity and inclusion, firms continue to be overwhelmingly challenges faced by Black women.5 and how it can lead to career white and male. In DeGraffenreid, the plaintiffs obstacles or discrimination. A recent report on diversity from sued General Motors alleging In its Intersectionality in the the National Association for Law the company’s seniority system Workplace report, Bentley University’s Placement (NALP) and a recent discriminated against them as Center for Women and Business survey by Vault and the Minority Black women. The district court examines intersectionality and Corporate Counsel Association, dismissed the claims, reasoning provides insight on fostering evidence women of color and the lawsuit had to be examined an inclusive culture through an Black women specifically remain as a race discrimination case or “intersectional approach to drastically underrepresented in law a sex discrimination case, but not leadership.”9 This leadership firms.2 So, how do firms with a a combination of both.6 The court approach requires organizational sincere commitment to D&I break stated Black women could not be leaders to acknowledge systemic barriers and bridge disparities so considered a separate protected discrimination and recognize that their workforce mirrors the values class, or else risk opening a “talent at the intersections is articulated in their D&I statements? “Pandora’s box” “new classes of sometimes invisible. . . not due Enter intersectionality. protected minorities.”7 Arguing to racism or sexism, but often Intersectionality was first that often race and gender resulting from unconscious bias introduced to bring attention to discrim ination cases involving and privileged positions.”10 Said dynamics within discrimination Black women are examined under differently, it is easier for leaders law that courts did not (and still a “single-axis framework,” to promote some one who reminds do not fully) appreciate, i.e., the Crenshaw opined this framework them of them, thereby creating intersection of race and gender ignores that Black women are barriers to opportunity for certain that has a uniquely disparate and Black AND female and could groups.11 The report suggests that arguably erasing impact on Black (and do) face discrimi nation at the women.3 In her groundbreaking intersection of race and gender.8 Continued on page 33

Get InVolVed! sIGn up on Your MeMBer profIle At HIllsBAr.CoM.

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interseCtionALity: Bridging the inCLusion gAp Diversity & Inclusion Committee

Continued from page 32 2 National Association for Law 4 Id. Placement, 2018 Report on Diversity 5 DeGraffenreid v. General Motors, leaders should “bravely and visibly in U.S. Law Firms, January 2019; 413 F. Supp. 142 (E.D. Mo. 1976). create a culture in which people NAPL recently published its 2019 6 Id. at 143. at the intersections of unique report, National Association for Law 7 Id. at 145. identities have equal access to Placement, 2019 Report on Diversity 8 Id. at 140. opportunities and advancement.”12 in U.S. Law Firms, December 2019, 9 Bentley University Gloria Cordes Creating an inclusive work http://www.nalp.org/reportondiversity; Larson Center for Women and environment through intersectionality Minority Corporate Counsel Association Business, Intersectionality in the is challenging; it takes commitment and Vault, 2018 Vault/MCCA Law Workplace: Broadening the Lens of and a willingness to have courageous Firm Diversity Survey, 2018, Inclusion, Winter 2019. conversations to break down barriers http://www.mcca.com/wp-content/ 10 Id. and build bridges.13 Barriers are uploads/2018/11/2018-Vault-MCC. 11 Id. broken and bridges are built when 3 Crenshaw, Kimberlé, 12 Id. employees are not asked to erase a “Demarginalizing the Intersection 13 Id. at 23. portion of their identity to gain equal of Race and Sex: A Black Feminist access to opportunities and advance - Critique of Antidiscrimination ment. And in 2020, it is time. n Doctrine, Feminist Theory and Author: Antiracist Politics,” University of Monica 1 Although the focus of this article Chicago Legal Forum: Vol. 1989: Iss. 1, Williams Harris is women lawyers of color, the issue Article 8, http://chicagounbound. – Jackson is applicable to all lawyers of color. uchicago.edu/uclf/vol1989/iss1/8. Lewis, P.C.

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Eminent Domain Section Luncheon/CLE on february 26, the eminent domain section held a CLe luncheon regarding advocating for a prospective change in land-use or zoning during an eminent domain trial. speaker James patterson, AiCp, of mesimer and Associates, inc. discussed local government land-use/ zoning regulations; highest and best use; and evidence issues to consider.

thank you also to our sponsor for this luncheon:

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17th Annual Judicial Food Festival & 12th Annual 5K Pro Bono River Run thanks to all the sponsors, attendees and participants that helped make the 17th Annual Judicial food festival & 12th Annual 5K race on february 29th such a success! Also, thank you to our 5K Committee and all our volunteers, especially Committee co-chairs Judge miriam valkenburg and Judge John Conrad, and volunteer coordinator nate paulich. About 500 hCBA members and their friends and family gathered for the event on the grounds of stetson’s tampa Campus, where participants competed for best food, drinks and décor. We had more than 35 food and drink booths this year. more than 300 runners participated in the 5K this year, and more than 2,100 pro bono hours were pledged as a result. What a great event for a great cause!

CongrAtuLAtions to our food festivAL AWArd Winners: n Best sweets and treats Winner: young Lawyers division runner up: the spring n Best Libation station Winner: trenam Law runner up: hillsborough Association for Women Lawyers (hAWL) n Best hub (Booth) Winner: 13th Judicial Circuit runner up: Anthony & partners n Best grub Winner: trenam Law runner up: Asian-American pacific Bar Association

CongrAtuLAtions to our pro Bono serviCe AWArd Winners: n 2020 Challenge Cup Winner (most pro bono hours pledged - team): Winner: hillsborough Association for Women Lawyers (hAWL) n 2020 rosemary proven producer Award Winner (most pro bono hours performed - individual): Winner: matthew hall n 2020 Award for individuals Who raised the most pledges: daniela Carrion, greg hearing, ella shenhav, tori simmons, Katherine yanes n 2020 proven producers (met or exceeded hours pledged): Adam Bild, Alex Caballero, dylan finn, ron hanes, Jesse hoyer, natasha Khoyi, traci Koster, michael matthews, Alex palermo, Anthony palermo, Anitra raiford, susan sandler, ella shenhav

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CongRAtuLAtionS to ALL thE winnERS

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5K individuAL AWArds n overall male Winner: Chris rapozo n overall female Winner: Caroline gipe n fastest male Judge: hon. Christopher nash n fastest female Judge: hon. susan st. John

5K teAm AWArds n first place: Wilkes & mchugh n second place: CsK tampa n third place: Jud6 (6th Judicial Circuit)

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thAnK you to our sponsors

titLe sponsor

goLd n Abrahamson and uiterwyk n hill Ward henderson n Ayers overfield & Crowe n holland & Knight LLp n Barnes trial group n morgan & morgan n Bild Law n sessums Black Caballero ficarrotta n Burr & forman LLp n sessums Law group, p.A. n Cole, scott & Kissane, p.A. n shutts & Bowen LLp n Curry Law group, p.A. n stetson university College of Law n fordharrison n tCs n grayrobinson n thompson Brand images n greenberg traurig n Zymphony technology solutions n gunster

siLver n Anthony & partners, LLC n ogden & sullivan, p.A. n Banker Lopez gassler p.A. n older Lundy & Alvarez n Bush ross, pA n orange Legal/veritext n Butler Weihmuller Katz Craig LLp n printers plus LLC n Crossroads for florida Kids n Quarles & Brady LLp n get serious.com n rubidex n gunn Law group, p.A. n rumberger | Kirk n Jdh investigations n thomas & LoCicero n Johnson Jackson LLC n the thorpe Law firm p.A. n Law office of Kevin J. napper, p.A. n trombley & hanes n LeAp Legal software n Western michigan university – n Lexisnexis Cooley Law school n Lns solutions n Wilkes & mchugh

in-Kind n Abrahamson & uiterwyk n older Lundy & Alvarez n Anthony & partners, LLC n oliveros Law n Ayers overfield & Crowe n orange Legal/veritext n Barnes trial group n Quarles & Brady LLp n Butler Weihmuller Katz Craig LLp n regency reporting service, inc. n CycleBar n robert sparks Attorneys n dennis hernandez & Associates p.A. n rubidex n franchi Law n sessums Law group, p.A. n gasparilla distance n the Bank of tampa Classic organization n the presentation group n gunster n thomas & LoCicero n hill Ward henderson n union three n holland & Knight LLp n Wetherington hamilton p.A. n Jdh investigations n Wilkes & mchugh n newsome eye & Laser Center

for more event photos and the event overview video, go to www.facebook.com/hCBAtampaBay photography, video and drone footage is courtesy of thompson Brand images. thompson Brand images is a benefit provider for the hCBA. www.thompsonbrandimages.com. event signage is courtesy of tCs, which is also a benefit provider for the hCBA. www.trialcs.com

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health Care Law Section Luncheon/CLE on february 12, the health Care Law section held a CLe luncheon on the topic “10 Common healthcare Compliance Concerns for physician-hospital transactions.” speaker Angie Caldwell, managing partner of the pyA tampa office, discussed several issues, including healthcare real estate, collections-based compensation formulas, administrative compensation for physicians/physician practices, and purchase price of entities acquired from physicians.

thank you also to our sponsor for this luncheon:

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Covid-19: A BALAnCing ACt for empLoyers Labor & Employment Law Section Chairs: Amanda Biondolino – Sass Law Firm and Jason Pill – Phelps Dunbar, LLC

these issues represent just the tip of the iceberg of employment issues now arising due to the coronavirus pandemic.

s the World Health employee not to travel to West changes the above analysis for Organization has Africa because it feared that private employers who employ declared COVID-19 the employee might come into fewer than 500 employees or (“coronavirus”) a contact with unknown individuals public employers who employ pandemic and President Trump infected with the Ebola virus and one or more employees (with hasA declared a national emergency, bring the virus back to Florida. exceptions for health care providers employers and employees have Sound familiar? and emergency responders). Such begun to accept that they face Some employers are requiring employers must provide emergency major workplace challenges. employees to stay home. In such paid sick leave (subject to monetary Indeed, employers need to protect situations, questions arise about caps) to full-time employees in an their employees as well as follow employee compensation. Prior amount equal to 80 hours at their government directives, all the to the Families First Coronavirus regular rate of pay and part-time while considering their bottom Response Act, the answer for hourly employees an amount which line so they can afford to pay their all employers subject to the covers the hours an employee employees. Attorneys should be requirements of the Fair Labor normally would have worked prepared to respond to labor Standards Act (“FLSA”) was it during a two week period. and employment law inquiries depends on whether employees Employers must provide such regarding the coronavirus are exempt or non-exempt under emergency paid sick leave in pandemic from employers and the FLSA and/or whether the addition to any other sick leave employees alike. employees are covered by a or leave benefits provided to the As the virus spreads, an collective bargaining agreement. employee. Qualifying circumstances assortment of labor and For instance, an employer must which require emergency paid employment issues have arisen. compensate exempt employees sick leave include an employee Restrictions and limitations on for forced business closures of less subject to government mandated employee travel is top of mind. than one week but not for more quarantine, an employee’s A recent decision from the than one week. Also, employers self-quarantine at the direction Eleventh Circuit is pertinent to must always compensate exempt of a health care provider, or an that topic. In E.E.O.C. v. STME, employees for a full day of work employee experiencing COVID-19 LLC, the Eleventh Circuit held if the employee engages in any symptoms and actively seeking a that an employer did not engage amount of work on a particular diagnosis. The Act also provides in associational or regarded as given day, including checking for the above paid emergency discrimination in violation of the work-related emails. Employees sick leave at a reduced two-thirds Americans with Disabilities Act covered by a union contract may rate of compensation when (“ADA”) when it terminated an be due wages due to an unforeseen the employee is caring for an employee who refused to cancel her work stoppage. individual subject to quarantine, trip to West Africa during an Ebola The Families First Coronavirus the employee is caring for a child outbreak. E.E.O.C. v. STME, LLC, Response Act, H.R. 62011 (“the due to school or child care 938 F.3d 1305 (11th Cir. 2019). Act”), which President Trump The employer had instructed the signed into law March 18, 2020, Continued on page 43

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Covid-19: A BALAnCing ACt for empLoyer Labor & Employment Law Section

Continued from page 42 an eligible employee is defined engage in such testing due to as an employee employed for at the unprecedented emergency closures/unavailability, or if the least 30 days. Interestingly, the declarations which are currently employee is experiencing any amend ment only provides leave in effect across the country. substantially similar situation. To for an employee unable to work These issues represent just the assist employers with this newly or telework due to the need to tip of the iceberg of employment imposed burden, the Act provides care for a child if the school or issues now arising due to the tax credits to refund 100 percent childcare provider of the child is coronavirus pandemic, and of private employer funds used to closed/unavailable due to a public Congress is preparing to enact cover emergency paid sick leave. health emergency. While the first additional legislation in the near The Act also effects how the 10 days of this new form of leave future. Accordingly, practitioners Family and Medical Leave Act are without pay, the amendment who represent employers should (“FMLA”) may be implicated for requires covered employers to pay seek guidance from experienced eligible employee leave. Prior to for up to 10 weeks of leave at a labor and employment the Act, only eligible employees of rate of two-thirds an employee’s practitioners, and plaintiff covered employers (defined, inter normal compensation (subject to attorneys should be prepared to alia, as employees of employers monetary caps). accurately counsel concerned who employ 50 or more employees So far, Congress has not employees. n within 75 miles and all public enacted any coronavirus legislation employers) could take FMLA leave which alters the ADA during 1 Pub. L. to care for an employee’s immediate a public health emergency. 116-27, available family member(s) who has a serious Employees with disabilities may at https:// health condition or for the request accommo dations under www.congress. employee’s own serious health the ADA to prevent exposure gov/bill/116th- condition. The Act amends the to coronavirus. Employers must congress/house- FMLA to require public health then determine whether such bill/6201/text. emergency-related leave for certain accommodations are reasonable employees who work for a private in light of the circumstances. employer with fewer than 500 For employers who may wish Authors: employees and employees who to test the body temperature of Gregory A. work for a public employer during employees reporting to work, the Hearing & a public health emergency (with Equal Employment Opportunity Matthew A. exceptions for health care providers Commission (“EEOC”) recently Bowles - and emergency responders). Under issued guidance on its website GrayRobinson, this amend ment to the FMLA, which permits employers to P.A.

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nuts & BoLts of fAmiLy LAW mAndAtory disCLosure Marital & Family Law Section Chair: Katherine Scott – Harris, Hunt & Derr, PA

and there authorized by is money Rule 12.380; involved, then and (3) the court you need to may also impose disclose it. sanctions on the Attorneys offending lawyer. and clients Under Rule also routinely 12.285(j), a party fail to update is also obligated the client’s to file and serve a mandatory if you would use the sworn certificate n Florida family law cases, disclosures. word “account” when of compliance financial disclosures are Under Rule with the made for the benefit of the 12.285(f)(1), referencing accounts, mandatory court and the opposing party. parties have a such as “my paypal disclosure Financial disclosures are central to “continuing obligation. account,” and there Ithe fair resolution of cases because duty to The certificate settlement decisions and courts supplement is money involved, then of compliance rulings are dependent on full documents you need to disclose it. must identify financial disclosure. described in with particularity Under Rule 12.285(e), parties this rule, the documents are required to produce a financial including that have been affidavit and financial documents. financial delivered and “While evidence of a person’s affidavits, whenever a material certify the date of service to avoid financial condition may be drawn change in their financial status one lawyer “swearing” that they from a multitude of documents, occurs.” Generally speaking, a delivered certain mandatory a financial affidavit is a party’s material change is one that could disclosure documents, and the formal, sworn position that reasonably be expected to influence other lawyer “swearing” that the reduces finances to a manageable the decisions made by the parties or documents were never received. chunk of information.”1 the court. In short, Rule 12.285 requires The documents that must be Rule 12.285(f)(2) also specifically parties to disclose their finances, disclosed under Rule 12.285(e) provides that when an amended provide supporting documents, include tax returns, IRS forms, financial affidavit is filed, the update the disclosures whenever evidence of earned income, loan amending party must also serve there is a material change, and applications, checking account any documents supporting the provide detailed certifications of statements, retirement account amendments. For example, if a what was disclosed and when the statements, and statements for all party amends her financial affidavit disclosure occurred. n other accounts. to reflect the purchase of a new car, Many attorneys fail to remind she is also required to produce the 1 Daniel v. Daniel, 922 So. 2d 1041, their clients that, in addition to the monthly statements for the car loan, 1045 (Fla. 4th DCA 2006) (discussing enumerated accounts, the Rule also the title, and the loan application. the importance requires production of statements Many lawyers and judges are of the family for “all other accounts.” Other not aware that Rule 12.285(f) law financial accounts would include accounts provides the following sanctions affidavit). that reside in applications such as for non-compliance: (1) documents Venmo, PayPal, Cash App, Google produced less than 24 hours prior to Author: Wallet, and international money a non-final hearing or in violation Richard J. transfer apps. If you would use the of pretrial order are not admissible Mockler – word “account” when referencing absent good cause; (2) the court Mockler Leiner it, such as “my PayPal account,” may impose the serious sanctions Law, P.A.

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divorCe for veterAns: KnoW WhAt you don’t KnoW! Military & Veterans Affairs Committee Chairs: Sonya Colon – Law Office of Sonya C. Colon, P.A. and Robert Nader – Nader Mediation Services

divorces involving veterans are ripe for malpractice claims, and you need to make sure that all details are handled competently.

he biggest key to handling a dissolution that overlap with ten years However, if the spouse of marriage case of the member’s service, the remarries before the age of involving a veteran or court must have jurisdiction 55, the spouse will not be their spouse is to know what you to divide the pension, and eligible to collect on the SBP. don’tT know. Here are five hot areas the court must observe In contrast, life insurance may to look out for in your practice: member’s rights under the be a lower cost option while Servicemember’s Civil Relief the member is young, but 1. Pension Division: Not all Act (SCRA). This does not dramatically increase in cost military pensions are created mean that the pension is not later on in life. Consider not equal, and not all components a divisible asset in marriages only the best method for of the pension are divisible. less than ten years, it just securing this asset, but who Consider active vs. reserve means that the member will will bear the cost for this pensions, traditional vs. need to make direct payment security. Finally, if your client blended retirement system, VA instead of payment going is the beneficiary of SBP, disability waivers, Concurrent through DFAS. they must make a “deemed Retirement and Disability election” for the SBP Pay (CRDP), Combat-Related 3. Security for Pension: The beneficiary designation Special Compensation (CRSC), pension stops paying both within one year from the and Chapter 61 retirement parties when the member dies. final judgment. pay. It is critical to know what If the spouse will depend on is divisible, what is not, and the pension to pay living 4. Income for Support: what Defense Finance and expenses, consider the Pursuant to Fla. Stat. Accounting Services (DFAS) best vehicle to secure that §61.30(2), the court shall will pay out. payment, either through a consider all sources of life insurance policy or income available to either 2. DFAS Regulations: The through the Survivor Benefit party. This means that you court can order the most Plan (SBP). The SBP pays need to do the pension eloquent relief possible, but if the spouse monthly after the division calculation before the order doesn’t conform to member’s death and until you do the support calculation. the requirements set out in the the spouse’s death. The plan This also means that VA Uniformed Services Former is available to all retiring compensation, basic allowance Spouse’s Protection Act members, and the member for housing, and basic (USFSPA), 10 U.S.C. 1408, must elect SBP at the time allowance for subsistence are DFAS isn’t going to make of the retirement. There included in the income for direct payment. In order for are no physical examinations support purposes. DFAS to pay a former spouse or requirements, and the directly, the parties must have premium does not increase been married for ten years with the member’s age. Continued on page 47

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Continued from page 46 Life Insurance (SGLI), but details are handled competently. the state court cannot order Know what you don’t know, and 5. Security for Support: In a member to designate the don’t be afraid general, active duty military beneficiary for this federal to educate service will meet the “special policy. Make sure to structure yourself and circumstances” standard for your agreements and orders ask for help! n the court to order security in a way that the security for for support, usually in the the support is enforceable. form of life insurance. Active Author: duty members have very Divorces involving Veterans are Kristin Kirkner – affordable coverage through ripe for malpractice claims and Kirkner Family the Servicemember’s Group you need to make sure that all Law Group, P.A.

Convenient to Chester H. Ferguson Downtown Tampa Law Center 1610 N. TAMPA STReeT, TAMPA, FL 33602 The ideal location to hold a meeting or event! Six conference rooms of varying sizes to meet your needs. Reserve for a day or for a few weeks. Complimentary AV equipment and Wi-Fi Free Street-Level Parking Call (813) 221-7777 or Email [email protected] for scheduling.

Wagner Lounge Gillen Mediation Room Stiles Conference Room

Smith Board Room Trenam Conference Room Yerrid Conference Center

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the thirteenth JudiCiAL CirCuit professionALism Committee Professionalism & Ethics Committee Chairs: Joan Boles – Bay Area Legal Services, Inc. and Lynn Hanshaw – Langford & Myers, P.A.

the professionalism Committee is just one example of the thirteenth Judicial Circuit’s commitment to professionalism.

“Professionalism is the pursuit Professionalism Committee is set Professionalism Awards and practice of the highest ideals forth in Thirteenth Judicial Circuit Subcommittee Chair – Responsible and tenets of the legal profession. Administrative Order S-2020-010. for accepting nominations for the It embraces far more than simply The Chief Judge serves as the Professionalism Award established complying with the minimal standards Chair of the Committee. The to annually recognize both a public of professional conduct. Chief Judge appoints an Executive and private sector attorney for The essential ingredients of Chair and, in consultation with consistently demonstrating honesty, professionalism are character, the Executive Chair and the integrity, fairness, courtesy, and an competence, civility, and commitment.” 1 President of the Hillsborough abiding sense of responsibility to County Bar Association (HCBA), comply with the standards and he Thirteenth Judicial appoints various subcommittee rules of professionalism in the Circuit is and always chairs, including the following: practice of law; has been a model of Professionalism and CLE Medical-Legal Professionalism professionalism. In Events Subcommittee Chair – Code Subcommittee Chair – furtherance of its commitment Responsible for ensuring the Responsible for coordinating toT professionalism, the Thirteenth Thirteenth Circuit provides updates to the established Judicial Circuit maintains the sufficient professionalism training guidelines for responsible, comprehensive Thirteenth Judicial opportunities and recognition respectful and ethical interaction Circuit Professionalism Committee events for lawyers and judges; between lawyer and physicians (“Professionalism Committee”). Professionalism Promotion and their patients in cases pending The Professionalism Committee Subcommittee Chair – Responsible before the court; and initiates and coordinates professional for ensuring that activities of the Local Professionalism Panel activities in Hillsborough County Professionalism Committee are Subcommittee Co-Chairs – and is also responsible for made known to the local bar and Responsible for oversight and overseeing and training a attorneys practicing within the management of the Local subcommittee designated as the Thirteenth Judicial Circuit through Professionalism Panel. Local Professionalism Panel. The local legal publications and other composition and structure of the marketing and media outlets; Continued on page 49

Interested in joining the HCBA lawyer referral & Information service? Call (813) 221-7780 or visit https://hillsbarlrs.com/pages/for-lawyers.

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Managing Partners Roundtable hCBA hosted its first-ever managing partners roundtable on January 27, bringing together around 30 representatives from local law firms to discuss trends in the legal industry. Cushman & Wakefield, a global real estate provider, presented its Bright insight Continued from page 48 symposium to the group, on behalf of their Legal sector Advisory group. the symposium provides a snapshot of the legal sector’s present and future benchmarks and trends, In addition to the Chief Judge, the Professionalism Committee is gathered from its annual national Legal sector Benchmark survey. composed of at least 15 other circuit or county judges or quasi-judicial officers from the Thirteenth Judicial Circuit, the President of the HCBA, a representative from sections and divisions of the HCBA, a representative from virtually every voluntary bar association and Inn of Court within the circuit, a representative from the American Board of Trial Advocates and the Hillsborough County Association of Criminal Defense Lawyers, a representative from Stetson University College of Law and Western Michigan University Cooley Law School, and a representative from the Attorney General’s Office, City Attorney’s Office, County Attorney’s Office, Public Defender’s Office, Regional Counsel’s Office, and the State Attorney’s Office. The Professionalism Committee is just one example of the Thirteenth Judicial Circuit’s commitment to professionalism, and it is in every sense consistent with the definition of professionalism set forth by the Florida Bar Standing Committee on Professionalism and the Henry Latimer Center for Professionalism. n

1 See “Professionalism Handbook,” Florida Bar Standing Committee on Professionalism and Florida Bar Henry Latimer Center for Professionalism.

Author: Jaret J. Fuente - Carlton Fields

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HCBA BENEFIT PROVIDERS

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

IT PAYS TO BE A MEMBER! The Bank of Tampa Free Minaret Diamond Relationship Account HCBA members receive exclusive HCBA members qualify for a free Minaret Diamond account with The Bank of Tampa, with no minimum balance or monthly service fee. discounts and services through Benefits include checking accounts; free checks; no foreign ATM fees; our Benefit Providers. refund of surcharge fees charged by other bank ATMs of up to $25 To suggest a Benefit Provider, contact per month; no surcharge fees at any Publix Presto! ATM; and Personal Online Banking and Mobile Banking with free CheckFree WebPay. Stacy Williams at (813) 221-7779. Contact Erin Hesbeens at (813) 872-1228, or call (813) 872-1200.

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IT PAYS TO BE A MEMBER!

LEAP Legal Software: 10% Off First-Year Subscription LexisNexis: 30% Discount on Products LEAP is the best system for lawyers and staff to work from home. LexisNexis offers HCBA members a 30% discount Our secure legal cloud software helps lawyers help people with on all books and online legal research packages. completely integrated case and document management solutions. Bar members will receive the following discount: For more information on this member discount, 10% off the first-year subscription of LEAP. please contact Mark Crockett at 813-390-7304 or [email protected]. For more information, visit leap.us or contact Cathie Orgill, General Manager of LEAP Florida, at [email protected].

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Shea Barclay Group/NGBS: Group Health Insurance Program Thompson Brand Images: 10% Discount Are you paying too much for group health insurance? National General HCBA members get 10% off at this world-class photography studio. Benefits Solutions, in partnership with locally-owned Shea Barclay Group, Thompson Brand Images will come to your office offers HCBA members a customized health coverage option and a dedicated for firm photos, head shots, holiday parties and other special events. team of experts, who are ready to help you find the best health coverage fit for your business’ needs. You get customizable plan designs; level-funding; Contact Bob Thompson the opportunity to receive money back; an experienced team; and at (813) 994-2000 or [email protected]. additional benefits for being a HCBA member. For more information, contact Tracy Riggs, Shea Barclay Group at 813-251-2580 or [email protected].

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SECURE ACT And ESTATE PlAnnIng: EnSURIng YoUR ClIEnT’S PlAn IS STIll UP To dATE Real Property, Probate & Trust Law Section Chairs: Elaine McGinnis – Law Office of Elaine McGinnis, P.A. and Kristin Morris – Shutts & Bowen

The SECURE Act has impacted distribution schedules of inherited IRAs and may have significant tax impacts on beneficiaries.

n December 20, 2019, the president signed the Setting Every IRAs inherited by non-spouses be conduit or accumulation language Community Up for paid within 10 years of the plan may want to review those Retirement Enhancement Act of holder’s date of death. The designations. The death of the O2019 (“SECURE Act”) into law.1 beneficiary may choose to take stretch IRA means that the majority The SECURE Act has been touted no distributions until the 10-year of beneficiaries of “Conduit Trusts” as one of the most significant anniversary of the plan holder’s will have access to the funds much pieces of retirement legislation in death, but that would mean that sooner than the Grantor may have over a decade and has made the entire inherited amount would originally anticipated. That outcome significant changes in the way be distributed at that time. This may be enough to prompt clients to Americans plan for retirement. may be enough to cause individuals review their estate plan. The passage of the SECURE to reexamine their plans, as unlike All in all, the SECURE Act has Act serves as an opportunity to other gifts, IRAs come with a impacted more than just retirement remind clients to review beneficiary tax burden. planning. The new rules and designations on retirement Payable on death accounts limitations put in place also impact accounts. The SECURE Act may have generally been somewhat the distribution schemes of inherited alter a client’s choice of beneficiary troublesome, as these typically pass IRAs and can have significant and may lead a client relying on the outside of probate, without regard tax impacts on beneficiaries. stretch IRA as an estate planning to the client’s will, or their trust. Encouraging your clients to review device to form trusts to ultimately This is why it is imperative that their beneficiary designations to reexamine their entire estate plan. you always know what designations make sure they are still up to date Prior to the SECURE Act, the your clients have made as regards post-SECURE ACT is necessary to stretch IRA served as a life/estate to those accounts. Having that ensure that their estate plan is up to planning strategy that prolonged information available will allow date and still reflects their wishes. n the beneficial tax status of you to properly advise clients on inherited IRAs to the beneficiary any potential unforeseen and 1 Pub. L. No. by allowing those monies in the unwanted consequences brought 116-94 (Dec. 20, decedent’s IRA to be distributed on by making designations, 2019). over the expected lifetime of the including issues brought on by beneficiary. This would allow for leaving funds to trusts that do an extended deferral of taxes. As not contain language designed to Author: previously mentioned, this strategy deal with any potential tax issues. Luis A. Silva, has been affected by the SECURE However, even those that have LL.M. (Tax) – Act, as it generally mandates that previously set up trusts that contain Faehner, PLLC

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Securities Law Section Luncheon/CLE on January 30, the Securities law Section held its “Annual luncheon with the Regulators.” The Section thanks its speakers: Elisha Frank, SEC Assistant Regional director from Miami; Alisa goldberg, Chief, Bureau of Registrations at Florida office of Financial Regulation; and dawn Calonge, Surveillance director at FInRA, who took the time out of their busy schedules to provide an update to the group and answer questions.

The Section also thanks its luncheon sponsor:

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ThE lAw oF dRonES In FloRIdA Senior Counsel Section Chair: Thomas Newcomb Hyde – Attorney at Law

bravely high risk of a demonstrated terrorist attack; the operation or if there is of the Tello at reasonable the luncheon. suspicion that swift Drones action is needed to with nonlethal prevent imminent payloads can danger to life, or be used to serious damage, prepare for or the escape of or monitor a suspect. Of he Law of Drones the safety and course, there is is not a new Netflix security of an exception mini-series. Rather, major events; Sasha Lohn if the law it was a remarkable search large enforcement presentation by Sasha Lohn to a or dense areas; drones provide an agency first packedT Senior Counsel luncheon and determine incomparable obtains a search of over fifty lawyers and judges staffing or warrant signed opportunity for law in January. Lohn is the General deployment by a judge Counsel and Executive Director strategies in enforcement agencies authorizing the of the Sun Coast Police Benevolent times of crisis. to keep the public and use of the drone. Association. She previously served They can get There are other for more than four years as the footage to their personnel safe. exceptions for General Counsel for the St. learn what is business, for Petersburg Police Department. happening and the property Under Florida law, a drone is a go over or appraiser, aerial powered, aerial vehicle that does around a school or a stadium. But mapping, and delivering cargo.6 not carry a human operator; uses lethal payloads can be frightening. The lawyers and judges in aerodynamic forces to provide Sasha showed a YouTube video attendance were delighted with vehicle lift; can fly autonomously demonstrating the lethal power Lohn’s marvelous presentation and or be piloted remotely; can be of drones featuring their “Killer the opportunity to learn more about expendable or recoverable; and Drone,” created by two crazy the law of drones in Florida. n can carry a lethal or nonlethal Finnish famers who equipped payload.1 In other words, drones their drone with a chain saw, and are small, remotely operated watched as it attacked pine trees, 1 Section 934.50(2)(a), Fla. Stat. airborne systems. icicles and even snowmen.4 2 https://store.dji.com/ Sasha explained that drones Under current Florida law, the product/matrice-600 (last visited provide an incomparable authority to regulate the operation March 31, 2020). opportunity for law enforcement of drones is vested in the state 3 https://store.dji.com/product/ agencies to keep the public and except as provided in federal tello (last visited March 31, 2020). their personnel safe, at a price regulations, authorizations or 4 https://youtu.be/6Viwwetf0gU?t= that allows agencies of almost any exemptions. Thus, municipal and 29s (last visited March 31, 2020). size to participate. For example, county ordinances are preempted.5 5 Section 330.41(3)(a), Fla. Stat. the DJI Matrice 600 Hexacopter, A law enforcement agency may 6 Section 934.50, Fla. Stat. complete with accessories, is not use a drone to gather evidence available for about $5,0002 and or other information. However, Author: Thomas Newcomb Hyde – the DJI Tello is only $99.3 Sasha there are exceptions: to counter a Attorney at Law

FInd pro Bono TrAInIng opporTunITIes AT HILLsBAr.Com.

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Senior Counsel Section Luncheon on January 27, the Senior Counsel Section held a fascinating luncheon on drones and the legal ramifications related to their use. Sasha lohn, the general counsel and executive director of the Sun Coast Police Benevolent Association and former general counsel for the St. Petersburg Police department, spoke on the topic and even demonstrated a drone for the attendees! (Read more about the luncheon on the previous page.)

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oUTSoURCE To BooST PRodUCTIvITY And PRoFITS In 2020 Solo & Small Firm Section Chairs: Matthew Crist – Crist Legal | PA and Gian-Franco Melendez – Law Office of Gian-Franco Melendez, LLC

outsourcing can improve your bottom line by leveraging the time and talent of freelance lawyers.

ooking for ways to get more work done and increase profits — without living at your interest and confidentiality rules. even gain additional expertise for law office? The traditional way They can help with research, drafting, clients in different practice areas. Lmost lawyers approach these goals and managing discovery. They By working with freelancers, you is to hire an associate and start can also help with time-consuming can better meet your clients’ needs. delegating. Associates are great — tasks like writing new blog posts Outsourcing is a competitive they are eager-to-learn workhorses. for your law firm website or just advantage allowing the ease of However, they also come with a providing an extra set of eyes on expansion and contraction of your salary that must be paid even if a document before it is submitted firm with skilled freelance attorneys business is slow, not to mention all to the court. If you need help with at reasonable rates. Those rates do the other overhead expenses like court coverage, there are many not include typical benefits of health office space, benefits, and bar dues. freelancers who do appearance insurance and other perks required All too often an associate stays for work as well. of associates. Those savings can be a few years, then moves on to passed along to clients. another firm or opens his or her What is the talent level of Outsourcing frees up valuable own shop. freelance lawyers? time to do other things like manage Hiring a traditional associate Freelance lawyers have an your business, go to court, or enjoy isn’t the only way to increase incredibly diverse array of personal time out of the office. productivity and profits. Many backgrounds and expertise. They Freelance lawyers provide the modern attorneys are turning to include everyone from recent ultimate outsourcing and working with graduates to former judicial clerks, flexibility to freelance lawyers. stay-at-home parents, military staff up when Outsourcing is a smart way to spouses, big law alums, and even you’re busy get more work done and better some retired or semi-retired without the serve clients. Freelance lawyers lawyers. Many have decades of permanent (traditionally called contract experience and deep expertise overhead of lawyers) are a great way to get the that you can tap into to benefit full-time help you need, when you need it, your clients’ cases — without associates. n without driving up your overhead. having to teach them the ropes.

What kind of work can you What are the benefits of Authors: send to a freelance lawyer? working with freelance Rinky S. Freelance lawyers can assist lawyers? Parwani - on any work you might otherwise Outsourcing can improve your Parwani Law, delegate to a paralegal or a bottom line by leveraging the time P.A. and traditional associate, as they are and talent of freelance lawyers. Kristin Tyler - subject to the same conflict of You can expand your practice or LAWCLERK

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Tampa American Inns of Court

Information & Membership Application deadline: May 28, 2020

The AmericAn inns of courT TAmpA chApTers inviTe you To Apply for membership.

The American Inns of Court is a national organization designed to improve the skills, professionalism, and ethics of the bench and bar. Tampa’s civil litigation Inns are The J. Clifford Cheatwood Inn, The Ferguson-White Inn, The Tampa Bay Inn, and The Wm. Reece Smith Litigation Inn. Each Inn limits membership to approximately 80 members who are assigned to pupillage groups of eight or nine members. Pupillage groups include at least one judge as well as attorneys of varying experience and areas of practice. The Inns usually meet monthly from September through May for dinner programs, except for The Wm. Reece Smith Litigation Inn which meets monthly for a weekday luncheon. Inn members usually earn one hour of CLE credit for each program attended. Each year, the Inns invite new members to join for varying membership terms. Members are selected based upon their length and area of practice. Discounted memberships are available for full-time law students who wish to apply. If you are interested, please apply promptly! (Please note: Current Inn members who wish to renew membership in their present Inn need not apply.)

Name:______Firm:______Address: ______Email address: ______Years in practice and specialty? ______Prior experience with any Inn of Court? ______Have you previously applied? ______When? ______Have you been referred to an Inn? If so, by whom? ______List any weekday evening you cannot attend meetings: ______Do you have a preference for a particular Inn? ______Please attach a current resume limited to one page in length.

Forward Application Package to: hillsborough County Bar Association, Attn: John Kynes, Chester h. Ferguson law Center 1610 n. Tampa St., Tampa Fl 33602. Fax (813) 221-7778.

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Young Lawyers Division Holds Annual CLE on February 27, the Young lawyers division held its annual “Pizza and a ClE.” This year, the division focused on the important topic of wellness, with speaker lisa giarratana, lCSw, a mental health therapist and the owner/ founder of Mosaic wellness Collective, llC. giarratana discussed how lawyers can understand and utilize elements of mindfulness to manage the demands of the legal profession and increase fulfillment — both personally and professionally.

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QUAlIFIEd ChARITABlE dISTRIBUTIonS And ThE SECURE ACT Tax Law Section Chair: Christopher Dingman – Barnett, Bolt, Kirkwood, Long & Koche, P.A.

despite these changes, the QCd remains a valuable tool for individuals to lessen the tax consequences of RMds while supporting the mission of their favorite charities.

he rules governing the Qualified Charitable Distribution (“QCD”) seem to change every • The distribution must have Interestingly, the SECURE Act few years, and last year was no otherwise been eligible for didn’t change the age taxpayers are exception.T Individuals who are a full charitable deduction eligible to make a QCD. Taxpayers required to take Required Minimum as defined by IRC § 170. can still make up to $100,000 in Distributions (“RMDs”) from their This is to ensure the taxpayer QCDs per year beginning at age IRA, but do not require the income, does not receive any benefits 70½. While these QCDs will not often look for strategies that will as a result of the QCD count against future RMDs, they help neutralize the tax effects of and eliminates gifts to will reduce the total amount in the that distribution. A QCD is a tool “split interest” charitable IRA (tax-free), thereby potentially that could be used to lessen or, in vehicles, such as a Charitable reducing the amount of future some cases, eliminate the effects of Lead Trust. RMDs. It is important to note, RMD income that would otherwise • QCDs can only be made from however, that the statute incorporates be subject to federal income tax. individual IRAs or Roth IRAs an “anti-abuse” rule for individuals The QCD enables IRA owners (though making a QCD from who take a deduction on who are 70½ and older to transfer a Roth IRA is likely moot). contributions made to their IRAs up to $100,000 per year of IRA SEP IRAs and employer and “double-dip” by also attempting assets to public charities without retirement plans are ineligible. to make a QCD (attempting to being subject to federal income The “Setting Every Community reclassify what was intended to tax on the distribution. The Up for Retirement Enhancement be a charitable contribution as amount of the distribution also (SECURE) Act of 2019,” which an IRA contribution). counts towards the individual’s went into effect on December 31, Despite these changes, the RMD for that tax year. To qualify 2019,1 modified some of the rules QCD remains a valuable tool as a QCD, an IRA distribution governing RMDs and QCDs. for individuals to lessen the tax must meet the following criteria: The SECURE Act raises the consequences of RMDs while • The taxpayer must be at age individuals must start taking supporting the mission of their least 70½ years of age on minimum distributions from their favorite charities. n the date of the distribution. IRAs from 70½ to 72. This rule • The QCD must be made is applicable to individuals who 1 Public Law directly to a 501(c)(3) reach age 70½ after December No. 116-94 organization that is eligible 31, 2019. The SECURE Act (Dec. 20, 2019). to receive tax-deductible also eliminated the age limit contributions. (Note that for making tax-deductible Author: donor-advised funds, some contributions to IRAs — a nod Nicolette F. Rea – private foundations, and to extended life expectancies Community many supporting organizations and later retirement age for Foundation of do not qualify.) working individuals. Tampa Bay

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ThE APPlICATIon oF dAUBERT In BUSInESS lITIgATIon Trial & Litigation Section Chair: Morgan Streetman – Streetman Law

The criteria used to evaluate reliability of scientific or technical testimony is the same for non-scientific, experience-based testimony.

n May 2019, the Florida Supreme Court adopted the standard set forth in Daubert may obtain specialized knowledge excluded. In other words, there must for expert testimony.1 Three and be qualified as an expert as a be a reliable connection between distinct, yet somewhat overlapping, result of his or her experience in a the expertise, the data considered, Iinquiries are made to determine field. For example, it may be helpful and the opinion drawn beyond admissibility: (1) the qualifications to a trier of fact to learn what the mere ipse dixit of the expert. of the expert, (2) relevance of the constitutes standard or reasonable Counsel should expect that any expert’s opinion, and (3) reliability practice in a given industry, and non-technical retained expert will of the method used in forming the whether the facts at issue comport be subject to a Daubert challenge. opinion. In addition, the expertise with what is reasonably standard Accordingly, it is important to and opinion must be helpful to the or customary. These opinions are begin preparing for the challenge trier of fact concerning matters more easily susceptible to attack. at the time of engagement. beyond the understanding of an The criteria used to evaluate Practitioners should educate the average lay person. reliability of scientific or technical expert as to the legal standard for In the commercial context, testimony is the same for non- admissibility and ensure the expert litigants regularly retain experts to scientific, experience-based is undertaking a reliable methodology. provide testimony concerning testimony. Experts who rely on Hallmarks of reliability include: damages, to appraise and value their experience as a basis for their (1) reviewing the whole file, rather property, or to perform financial expertise are required to explain than cherry-picked documents calculations. Professionals who how that experience led to the selected by counsel; (2) interviewing provide expertise on these topics conclusion reached, why that relevant witnesses or consulting are usually licensed CPAs, forensic experience is a sufficient basis for with other experts; (3) reviewing accountants, appraisers, or business the opinion, and how the experience industry publications; and (4) clearly valuation experts. Their opinions is reliably applied to the facts of articulating how the expert’s expertise are generally admissible because the case. Daubert instructs that informs the underlying analysis. n the methodologies used to develop “specialized knowledge” connotes their opinions are reliable, involve more than subjective belief or 1 In re: Amendments to the Florida testing and empirical evaluation, unsupported speculation. Evidence Code, 278 So. 3d 551 (Fla. and apply standards published in It is perfectly acceptable for a 2019). textbooks or by professional qualified, non-technical expert to associations or institutes. review the facts and documents Expert opinions are not limited relevant to a case, and then apply to technical expertise though. his or her experience and expertise Another type of expert opinion against the information gleaned Author: often proffered in business litigation to develop an opinion. But if there Brandon is neither scientific nor technical. is too great of an analytical gap Faulkner – Rather, these opinions are based on between the data and the opinion Holland & “specialized knowledge.” A person offered, the opinion should be Knight LLP

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Trial & Litigation Section Luncheon on January 29, the Trial & litigation Section held an informative luncheon with Stetson University College of law dean Michèle Alexandre. She provided a presentation entitled “Evolving Topics in Trial Advocacy and Education.” Thank you to dean Alexandre for speaking to our attendees. The Section also thanks its luncheon sponsor:

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Trial & Litigation Section Luncheon Photos (continued from previous page)

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do noT wAIT UnTIl MondAY on wEEKEnd dEAdlInES Workers’ Compensation Section Chair: Anthony Cortese – Anthony V. Cortese, Attorney at Law

The rules of procedure cannot be interpreted to change a statutory deadline.

n Zenith Insurance Company v. Cruz,1 the First District examined the interplay done the next day. Zenith then The First District held that between statutory language filed a response denying the because 30 days expired on Saturday, and applicable rules of procedure. entire claim on August 29, 2018. and the benefits were not paid or IThe adjuster filed an acceptance of However, on Monday, September agreed to on or before Saturday, a a claim on the Monday following 24, 2018, another response was fee was due from Zenith to Cruz’s the thirtieth day after the petition filed by Zenith, which rescinded counsel under F.S. 440.34. The court for benefits was filed. Zenith the denial, and agreed to provide held that the rules of procedure Insurance Company argued that all benefits. The question presented cannot be interpreted to change a the rules of procedure allowed a was whether Cruz was entitled to statutory deadline. The decision document to be filed on a Monday attorney’s fees from Zenith under recognized some of the changes in if it was due on a weekend. F.S. 440.34, because more than the practice that have come with Therefore, for the purposes of 30 days passed after the petition the e-JCC service program, which determining whether the carrier was filed and before Zenith filed allows a practitioner or party to file was responsible for Cruz’s the reply and provided benefits. appropriate petitions and responses attorney’s fees for not providing Subsequently, Zenith argued on a 24/7 schedule. What is not benefits within thirty days of service that Rule 60Q-6.109 of the explicitly mentioned is that under of the petition, the Monday Rules of Procedure for Workers the e-JCC system, a response can following the thirtieth day should Compensation Adjudications states generally be filed over the weekends be considered the thirtieth day. As that if any act required or allowed and holidays. Under this decision, a result, Zenith argued they should to be done falls on a holiday or service after 5 p.m. is considered to not be responsible for the fees of weekend day, performance of the be made the following day. However, Cruz’s counsel. act is required to be done on the if the statute allows 30 days, the In this case, Cruz filed a petition next regular working day. Zenith employer/carrier only has 30 days for benefits after 5 p.m. on August argued that because the 30th day even if the thirtieth day is a 22, 2018. Zenith acknowledged would have been September 22, weekend or holiday. n receipt after 6 p.m. that night, and a Saturday, that they should have the parties agreed that the date of until the following Monday to 1 ___ So. 3d ___, No. 1D19-1141 service should be August 23, 2018. respond and, because they did (Fla. February 12, 2020). This was an important ruling within respond on Monday and accept the decision, that filing or service the claim, no attorney’s fee should Author: Anthony V. Cortese, Attorney after 5 p.m. is considered to be be due to Cruz’s attorney. at Law

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ARoUnd ThE ASSoCIATIon

Akerman LLP – Akerman LLP Berman presented “Preserving the of the firm’s Marital and Family welcomes Alejandro Fernandez Record on Appeal” at the Florida Law Practice Group. and Stephen Leahu to its Bar’s “Appeals for the Pro Bono Intellectual Practice Group. Practitioner” CLE. Pennington, P.A. – Pennington, Fernandez and Leahu, both board P.A. congratulates Susan certified by The Florida Bar in Rob Gidel – Phelps Dunbar Spurgeon, who has been named to Intellectual Property and registered welcomes its newest partner Pennington’s Board of Directors. patent attorneys, practice in Rob Gidel to the Tampa office; Additionally, the firm congratulates Akerman’s office in Tampa. Gidel specializes in real estate Edward J. Carbone, who has legal services. been elected as Shareholder. Bay Area Legal Services – The Board of Directors at Bay Gretchen Lehman – Gretchen Mackenzie “Mack” Rocha – Area Legal Services congratulates Lehman, an attorney in Ogletree Sessums Law Group, P.A. is its officers sworn in for 2020: Deakins’ Tampa office, has been pleased to announce the addition of Leslie Schultz-Kin, Chair; elected shareholder at the firm. attorney Mackenzie “Mack” Rocha Yohance Pettis, Chair-Elect; Lehman represents employers in to the firm. Rocha is a 2019 graduate Tori Simmons, Secretary; and all areas of employment law and of the University of Florida Levin Andrew O’Malley, Treasurer. focuses her practice in the area of College of Law, cum laude. employment litigation. Chad Davis – Glausier Cynthia Sass – Cynthia Sass Knight Jones is pleased to George J. Meyer – Carlton of the Sass Law Firm was announce that Chad Davis has Fields is pleased to announce a panelist on the topic “The joined the firm as an associate that Shareholder and Construction Intersection of Employment Law attorney and will assist in its Industry Group Co-Chair George and Criminal Law” at The College representation of clients with their J. Meyer was appointed to the of Labor and Employment community association, real estate, American College of Construction Lawyers’ Regional Programming and business litigation needs. Lawyers’ (ACCL) Board of Committee event in St. Petersburg. Governors. He will serve a three- The presentation provided Jonathan “Tre” Dixon – year term. guidance on how to identify and Carlton Fields is pleased to handle employee and employer announce the election of Jonathan Older Lundy & Alvarez – criminal activity in the workplace. “Tre” Dixon to shareholder. Dixon Older Lundy & Alvarez has opened counsels hospitals and other health a third office location in April, Mark A. Sessums – Mark A. care providers on regulatory, located at 2947 Defuniak Street in Sessums of Sessums Law Group operational, and transactional Trinity. The new Pasco location is has been chosen to speak at the aspects of health care law. currently the law office of Amanda upcoming Florida Bar Family Colón. Colón will merge her Law Section Certification Review. Joe Eagleton – Joe Eagleton practice into Older Lundy & Sessums will speak for the second of Brannock Humphries & Alvarez, and she will become a part year on the topic of Evidence.

Would you Like To Be Featured Here? submit your member news for the Around the Association section to [email protected]

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JURY TRIAlS

For the month of February 2020 ADVERTISING INDEX Judge: Hon. George G. Barnett Bolt (Todd Foster) ...... 40 Angeliadis, Hernando County Bay Area Legal Services ...... 22 Parties: Milinda McDonald v. Bounds Law Group...... 7 Benjamin Kaminski Brannock Humphries & Berman ...... 67 Attorneys: for plaintiff: Amy Buell & Elligett...... 41 Ferrera, Leticia Valdes, Brandon Bush Ross ...... 66 Scheele of Morgan & Morgan; Cardillo Law ...... 63 CBIZ...... 11 for defendant: Adam Shelton, Charles W. Ross ...... 17 Sneh Patel of Shelton|Mckean David Knight Law ...... 35 Nature of case: Defendant Duval Motor Company...... 33 ran a red light. Plaintiff sustained Florida Lawyers Mutual Insurance Company...... 18 a neck injury with no surgery. Gunn Law Group...... Inside Front Cover Verdict: Total verdict of Tampa American Inns of Court ...... 57 $190,000.00. Plaintiff ’s PFS Jeffrey D. Murphy, P.A...... 4 triggered attorney’s fees and costs. Johnson, Pope, Bokor, Ruppel & Burns LLP - Scott Ilgenfritz ...... 29 Law & Liberty Dinner Postponed - Sponsors to Date ...... 3 For the month of February Law Office of Robert Eckard & Associates ...... 23 2020 LawPay ...... Inside Back Cover Judge: LEAP Legal Software ...... 31 Hon. James Moody LRIS thank you...... 9 Parties: Heather Cogar v. National General Benefits Solutions/Shea Barclay ...... 58 Mike Prendergast as Sheriff of Older, Lundy & Alvarez ...... 44 Citrus County, Florida Patsko Law ...... 6 Attorneys: for plaintiff: Robert Bonanno ...... 19 William Sheslow and Thomas Jerla Robert Gordon PhD ...... 31 of Whittel & Melton, LLC; for Stann Givens Family Law Inn of Court ...... 5 defendant: Brian Koji and Carly TCS ...... 70 The Bank of Tampa...... Back Cover Stein of Allen Norton & Blue, P.A. Nature of case: The Centers ...... 66 Sex The Fraley Law Firm, P.A...... 62 discrimination under Title VII Thompson Brand Images ...... 69 and the Florida Civil Rights Act Trombley & Hanes ...... 43 Verdict: Verdict for the Wenzel Fenton Cabassa ...... 40 defendant on all claims.

looKIng FoR MoRE REFERRAlS? Join the hCBA lawyer Referral & Information Service. Call (813) 221-7780 for more information. (Spanish-speaking attorneys especially needed.)

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Ask-a-Lawyer The attorneys from the lawyer Referral & Information service were on the job once again in February and March, answering phones as part of Fox 13’s Ask-A-lawyer program. we appreciate all those who volunteered to take calls and help local residents.

n Mark Edelman n lisa Knox n Kemi oguntebi n dale Appell n william Schwarz n Kari Metzger n Richard Alexander n lorien Smith Johnson n John Brewer n Michael Broadus n Rick duarte n Keith ligori n Alan Borden n Scott Schenking n Meaghann ligori n Shamika Askew-Story n valentina wheeler n James Falkhory n deb Baker n Erik de l’Etoile n Robert walton n luby Myrthil n James giardiana n Jamila little n gian Franco-Melendez

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lawyer Magazine 30-Year Anniversary: Favorite Covers from 2011-2015 To celebrate the 30th anniversary of the hCBA lawyer magazine this Bar year, we have been highlighting some of the beautiful covers the magazine has displayed over the years. For each issue, members can vote through an online survey for their top five covers for each five-year period that the magazine has been published. In this issue, we are featuring the five favorite covers from 2011-2015, the fifth interval of five years that the magazine was published. (note: Because there were more than 40 magazines for this period, hCBA staff voted and narrowed down the choices to 12, and then members voted on their favorite five from those choices.)

February 2011 Issue: Photo of Enya, April 2011 Issue: Photo of a great blue September-October 2012 Issue: a Florida panther housed at Big Cat heron, taken in the Wetlands Gallery at Linen postcard from 1945, produced by Rescue in Tampa. Photo provided The Florida Aquarium in downtown the Curt Teich Company. The Curt Teich courtesy of Big Cat Rescue. Tampa. Photo by Tom Wagner, Postcard Archives are housed at the Lake courtesy of The Florida Aquarium. County Discovery Museum. Postcard courtesy of HCBA Member Tom Elligett, Jr.

Keep an eye out for another online poll in early June to vote for your favorite covers from 2016 to this September-October 2014 Issue: November-December 2015 issue: Photo of red mangroves, standing in Collage of photos highlighting the NHL year’s covers for the intertidal waters above an oyster team, Tampa Bay Lightning, who play the next issue! bed in eastern Tampa Bay. Photo in downtown Tampa. Photos courtesy courtesy of Carlton Ward Photography. of the Tampa Bay Lightning.

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