SARASOTA COUNTY BAR ASSOCIATION JUNE/JULY 2017 VOL. 34, NO. 6

12TH JUDICIAL CIRCUIT NEWS NOTARIES Beware: New name requirements for notaries By J. ALLISON ARCHBOLD, Esq. Fergeson Skipper, P.A.

eware, E. Keith Dubose, W.E. “Chip” Gaylor and W. Andrew BClayton, Jr. What was once the secret that you shared only with the Department of Motor Vehicles, the Internal Revenue Service and the Transportation Security Administra- tion, i.e., your first name, may now NEW CIRCUIT JUDGE SWORN IN become common knowledge. The Honorable Andrea McHugh was officially sworn in as a Circuit Court Judge of the Twelfth Judicial In 2016, the State of Florida Circuit on Friday, May 5, 2017 at the Judge Lynn Silvertooth Judicial Center. Judge Charles E. Roberts Executive Office of the Governor administered the oath of office. (Photo by Cliff Roles) Notary Section waged war against what has become a hallmark of the legal profession, the replacement of CYBERSECURITY the first name with an initial, when it declared that Florida notaries cannot be commissioned in a first initial. According to the “Governor’s Take steps to protect your firm from ransomware Reference Manual for Notaries Public,” which was published by the By JASON LESSINGER, Esq. “computer guys” and external State of Florida Executive Office of Icard, Merrill, Cullis, Timm, Furen “computer companies” that allow the Governor’s Notary Section on & Ginsburg, P.A. me to sleep at night while I assume December 13, 2016, “[y]ou may they are taking all necessary steps only be commissioned in your legal bout three months ago I to protect both my clients and first name (or a nickname of your received a call from a fellow me. That, plus the fact that I am legal first name, within reason) and Alawyer who informed me that not overly tech savvy, left me your legal last name; the inclusion neither the lawyer nor any other without much need to worry about of your legal middle name or initial member of this particular firm something called “ransomware.” I in your commissioned name is had done a bit of legal work that Jason voiced as much to my fellow lawyer, optional.” It states that John Quin- day. The reason: the prior evening, Lessinger, and asked what it all meant. What I ton Public could be commissioned as the firm’s entire computer system, Esq. learned was mildly disturbing, and the following: John Quinton Public, including the network, was taken Icard, Merrill, sent me running to my “computer John Q. Public, John Public, Johnny over by ransomware installed Cullis, Timm, guys” to make sure my firm was Quinton Public, Johnny Q. Public by cybercriminals, and the firm Furen & Gins- protected. Remember, as lawyers or Johnny Public. The Notary Public could not access any of its files burg, P.A. we have an obligation to protect Commission Application states, in or documents. Ransomware has our clients’ information for them red, “Must use legal first name, no recently made headlines and is under the ethical rules, but on top of initial.” becoming a hot topic in multiple that, we need computers to perform There is no exception for attor- circles. At the time I received the even the most basic of functions. neys. If they were alive today and call, however, I was not particularly After being confused by a significant were commissioned as notaries in familiar with it, as I have spent amount of big words and phrases, Florida, Learned Hand and E. Allan my entire career in a large firm, but being assured that significant Farnsworth (author of Farnsworth with an IT department and several See RANSOMWARE, Page 15 See NOTARY, Page 11 Experience. Trust. Personal Attention.

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Sarasota, Florida 34236 • 941.444.9601 • dandannheisser.com SCBA NEWS Innocence Project — help for the wrongfully accused recently had the opportunity to sister, and the next minute locked up underwear worn during the rape co-host an eye-opening event SCBA and accused of a rape he knew noth- excluded Mr. Bain as the donor of Idealing with the plight of those PRESIDENT’S ing about, to then hearing the judge the sperm, confirming that someone wrongfully accused, convicted and sound his gavel and announce Bain’s other than Mr. Bain raped the victim. sentenced for crimes they did not COLUMN guilt, to finally waking up that first Finally, on Dec. 17, 2009, James commit. The event was held to day as a 19-year-old prisoner. Bain was freed from prison after highlight the work of The Inno- post-conviction DNA testing proved cence Project of Florida and the ames Bain was convicted in 1974 his innocence. At the time of his tremendous work the organization for the rape and kidnapping of release, Mr. Bain’s 35 years spent in is doing to help free wrongfully Ja young male in Polk County. prison was the longest time served by convicted individuals through DNA Police arrested Bain despite his any of the DNA exonerees nation- testing. The Innocence Project of having an alibi, never confessing to wide. Florida is a nonprofit founded in the crime, and always maintaining Listening to Mr. Bain describe 2003 to help innocent prisoners in his innocence. While committing how his innocence was robbed at the Florida obtain freedom and rebuild the crime, the perpetrator identified age of 19 and how he spent every their lives. Currently, the seven E. Keith himself to the victim as “Jimmy.” day of the next 35 years fighting for staff members, in addition to six to DuBose, Esq. Law enforcement provided the his life in prison was amazing and eight student interns each semes- Matthews victim’s uncle with a physical heartbreaking at the same time. Mr. ter, work to screen and investigate Eastmoore description (one that matched many Bain was not bitter but noticeably cases where the convicted individual of the black men in Polk County at frustrated with the loss of precious has a meritorious innocence claim, the time) and the name “Jimmy.” time that he will never be able to secure DNA when it exists, advocate From that information, the victim’s recover. for the release and exoneration for uncle told law enforcement he Education and exposure are keys the convicted, provide transitional remembered a student named to having a better understanding of services to exonerees, and advocate James Bain who he taught in high the impact our judicial system has for criminal justice reform in order school. Based on that, Mr. Bain was on the individuals involved. Could to prevent wrongful convictions in arrested, tried, and convicted of the the judicial system benefit from law the future. rape and kidnapping. Mr. Bain filed schools and law enforcement acad- Seth Miller, executive director numerous post-conviction requests emies requiring students work with of The Innocence Project of Flor- for relief, and DNA testing, but was not-for-profit organizations such as ida, was able to provide the bones denied each time. Finally, an appeals The Innocence Project of Florida? of the presentation, but the meat court overturned his denial, and Could their experiences with these of the presentation came from DNA testing was ordered. The Inno- types of programs give our new exoneree James Bain, who was freed cence Project of Florida stepped in lawyers and new law enforcement in December 2009. Mr. Bain, now to assist Mr. Bain, and he was finally officers a different perspective and age 62, willingly told of his journey, able to get the DNA testing he’d better understanding of our judicial which one minute found him dozing wanted for so many years. Testing system and the importance of seek- in his family’s living room with his on DNA of sperm found on the boy’s ing justice?

PROBATE AND TRUST LAW Are gold coins tangible personal property? By SEAN M. BYRNE, Esq. matter if the coins were minted in a same as cash and securities. The Bach & Jacobs, P.A. country outside the United States? disposition of the coins would not The answers to these questions be controlled by a separate writing, onsider this scenario, probate are not addressed in the Florida absent a provision in the Will or lawyers: you represent the Probate Code or the Florida Trust Trust specifically addressing the gold Cpersonal representative of an Code, and there do not appear to coins. estate and among the decedent’s be any Florida cases addressing the While the Florida Probate probate assets are 50 24-karat issue for the purposes of either Code. Code refers to “tangible personal gold coins. Your client will list However, based on a Florida tax property” in at least three sections these gold coins on the probate Sean M. case, a strong argument can be made of Chapter 732 and 733, the term is inventory, but are they “money” or Byrne, Esq. that the gold coins are “money” and never defined in the Florida Probate “tangible personal property”? Is the Bach & not “tangible personal property,” Code or the Florida Trust Code. disposition of the coins controlled Jacobs, P.A. regardless of whether the coins Under the holding in Baldwin v. by the Last Will & Testament’s are from the U.S. Mint or another Estate of Winters, money or property provision relating to tangible country. Under this conclusion, the used in a trade or business are personal property or a separate Personal Representative or Trustee not considered tangible personal writing that bequeaths them? Does it would treat the gold coins the See COINS, Page 16

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2017 LAW DAY LUNCHEON

LEFT TO RIGHT: Stetson Law Professor Michael Allen, Law Day Speaker, Rob Young, Law Day Chair, and Keith DuBose, SCBA LEFT TO RIGHT: Adam Portnow, Commissioner Hagen Brody, Brian Goodrich, President Christina Unkel

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Can the law firm you refer your Personal injury Cases to answer yes to these 10 questions? 1. Does the attorney try cases several times each year? 2. Does the attorney have the ability to show you recent trial results? 3. Does the attorney have over 20 years of experience working for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance companies? 4. Is the attorney Board Certified in Civil Trial Law? 5. Is the attorney AV rated by Martindale Hubbell? 6. Does the attorney have the financial strength to take on significant injury cases? 7. Is the attorney located in the 12th judicial circuit? damian mallard, esq. 8. Will the attorney pay you a referral fee in accordance with the rules regulating the Florida Bar on every case no matter how big or small?* Mallard Law Firm, P.A. 9. Is the attorney available to speak with you at any point during the 889 North Washington Blvd. referral to give you status updates as you request? Sarasota, Florida 34236 10. Is the attorney willing to take on challenging cases that other law (P) 941-952-1682 firms or attorneys may not be willing to handle or would turn down www.MallardLawFirm.com due to the amount of work involved? *Rules regulating the Florida Bar permit a 25% referral fee without any involvement of the referral attorney other than refer your Cases to the mallard law firm, beCause making the introduction to the client. Any additional fees require court approval and involvement of the referring our answer to these 10 questions is yes. attorney in the handling of the personal injury matter. FLORIDA BAR BOARD OF GOVERNORS UPDATE Michelle Suskauer in line for Florida Bar presidency hope everyone is having a great CLEs through the Practice Resource justices. While the Florida House of summer and has a safe and happy BOARD OF Institute (PRI), and discounts on Representatives approved a measure I4th of July. My previous updates GOVERNORS practice resources, legal publications to restrict Supreme Court Justices have been posted through Board and forms, travel, banking, shipping and State Appellate Court Judges to Reports and on Facebook, which REPORT and insurance are found at www. 12 years in office, the Senate did not will continue after each Board floridabar.org/memberebenefits and follow suit. meeting. It has been a busy Bar http://pri.floridabar.org. The PRI year and next year looks to be just site is a great resource for member 2017-18 Legislative Budget Process as busy. The Florida Bar Board of benefits and has a wealth of free — Legislature Adopted Budget Governors met on March 24, and we information, including 33 free CLE The Legislature gave final approval will meet again on May 26, (which programs with more than 50 hours to its $82.4 billion budget on May is after my deadline for submitting of free CLE credits, including 31 8. For the first time in several years, this article, so I will update everyone hours of free technology credits. This the budget includes an increase in about that meeting in my emailed is enough free CLEs for a three-year pay effective October 1, 2017, as Board of Governors’ report). The cycle, and I strongly recommend that follows: major actions of the Board and Scott you visit the PRI site. • Supreme Court justices – from the reports received at the March Westheimer, A report was given by $162,200 to $178,420. meeting included: Esq., representatives of a special • District court of appeal judges – West Palm Beach attorney Governor, committee on a proposed new Rule from $154,140 to $169,554. Michelle Suskauer was announced 12th Judicial of Judicial Administration regarding • Circuit court judges – from as President-Elect Designate of The Circuit granting continuances of court cases $146,080 to $160,688. Florida Bar. Michelle will be sworn Syprett, for parental leave. The rule would • County court judges – from in as president-elect at the Bar’s Meshad, require that such continuances $138,020 to $151,822. annual convention in Boca Raton on Resnick, Lieb, should be granted unless it would • State Attorneys – from June 23, when current President-elect Dumbaugh, cause substantial prejudice to a $154,140 to $169,554. Michael J. Higer of Miami becomes Jones, Krotec, party. The Board will vote on the • Public Defenders – from president, and will begin her term as & Westheimer recommendation at its May 26 $154,140 to $169,554. Bar president in June 2018. meeting. I appreciate everyone who In addition, SB 7022 includes A pilot project was approved has provided me with helpful input an across-the-board pay increase, to test a real-time, browser-based on this issue. My next Board of effective October 1, 2017, of $1,400 solution for trust accounting to assist Governors’ Report will report what for state employees with a base rate Bar members in complying with occurred with the proposed rule at of pay of $40,000 or less and of trust accounting rules. The pilot the May meeting. $1,000 for state employees with a for the trust accounting solution, The Florida Bar’s Florida Free base rate of pay of over $40,000. SB AddVantage, is set to begin around Legal Answers online virtual legal 7022 also provides for an increase August 1. The trust accounting pro bono project now has more than minimum salary for Assistant solution is specifically designed 370 Florida Bar members enrolled, Attorney General Class from to automatically bring lawyers and additional eligible volunteers $39,150 to $43,900; $6,000 increase who enter information correctly are encouraged to participate. The for Assistant Attorney General Class in compliance with Bar rules 5-1.1 website, launching to the public May (with 2 or more years of experience); and 5-1.2, and would be free to 1, will provide an additional way and $3,000 increase for multiple Florida Bar members who choose for low-income Floridians to access classes of senior level attorneys (with to use it. Through this proposed a volunteer attorney to answer civil 2 or more years of experience). program, pooling trust account legal questions online. Details on The final budget also contains funds would also allow a higher the project are available at https:// a provision that allows an agency interest rate and boost The Florida florida.freelegalanswers.org. head, at his or her discretion, to pay Bar Foundation’s IOTA income. for Florida Bar membership fees Two new Florida Bar Member s a legislative update, the 2017 and CLE costs for employees who Benefits were approved to be legislative session ended May are required to be a member of the added to the more than 60 free or A8. At the time of writing this Bar as a condition of employment. discounted benefits now available article, Governor Rick Scott now The budget also includes $300,000 to members. Bar members will contemplates which bills he will veto for Florida Criminal Justice Reform soon receive discounts on products and, more importantly, whether he Research. Unfortunately, the Trial and services purchased from Office will veto the proposed budget, or Court Technology Plan was not Depot and Office Max, and a any portions thereof. Following is a approved. discount for 360 BizVue, which summary of issues important to The optimizes search engine results. At Florida Bar. Legislative Review of Judicial our May meeting, we are reviewing Rulings – Failed to Pass (Not Heard in new potential member benefits for Judicial Term Limits — Failed to Committee) Pass (Died in Committee) Dell and Lenovo, with discounts up HJR 121 by Rep. Julio Gonzalez to 30 percent. All member benefit The Legislature did not pass a (R-Venice) and SB 1098 by Sen. programs, including free legal proposed constitutional amendment Keith Perry (R-Gainesville) proposed research through Fastcase, free to limit the terms of judges and See UPDATE, Page 9

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DICKINSON & GIBBONS, P.A. ATTORNEYS AT LAW Established 1937 Gateway Professional Center 401 N. Cattlemen Road, Suite 300 Sarasota, Florida 34232 941.366.4680 ADMINISTRATIVE PROFESSIONALS DAY FLORIDA BAR TEAM TRIVIA COMPETITION WINNERS UPDATE FIRST PLACE: Continued from Page 7 Kirk-Pinkerton, the creation of s. 22 of Article III P.A., “We’re Really of the State Constitution to provide Smart” for legislative review of judicial rulings when those rulings declare a Bill Robertson, legislative act void. Neither bill was Bridget Gallagher, heard in committee this session. Gant McCloud, Supreme Court Reporting Stephanie Requirements — Failed to Pass Snelson, Norman Vaughan-Birch, HB 301 by Rep. Frank White Laura Morris, (R-Pensacola) and SB 878 by Sen. Sheila Dahlberg, Tom Lee (R-Brandon) required the Pam Perkins, Tom Supreme Court to provide an annual Shults report to the Governor, Attorney General, Senate President, and House Speaker with specified data on cases for which a decision or disposition was not rendered within 180 days after the oral argument was heard or after the date on which the case was submitted to the court SECOND PLACE: panel for a decision without oral Matthews argument. Eastmoore, “All State Retirement — Judges and about ME” Justices Provision Failed to Pass Art Hardy, Josh The House proposal that reduced the Dell, Alisa service accrual rate for purposes of Vizcarra, Alison calculating the pension plan benefit Prouty, Linda from 3.3 percent to 3.0 percent for Hutchinson, Justices and Judges was not included Pat Crauwels, in the changes made to the state Maureen Kuzma, retirement system. Susan Morrison Florida’s Death Penalty — Approved Narring, A. Lamar by Governor Matthews, Jr., Marcia Muldoon In one of its first decisions of the legislative session, the Legislature passed SB 280, a bill requiring a jury’s unanimous vote to determine a sentence of death. The Legislature acted in response to a Florida Supreme Court decision in Hurst V. THIRD PLACE: Florida that found Florida’s existing Bach & Jacobs, law allowing for 10-2 jury vote to be P.A., “The unconstitutional. Paranormals” The Governor approved this legislation on March 13, and it Fred Jacobs, immediately became law. (Chapter Chris Moler, 2017-1, Laws of Florida) Sean Byrne, Mary Constitution Revision Commission Lynne Jewell, — Continues Meeting Babette Bach, Sharon Booth, The CRC continued its Floridians Sherri Fritz, Speak, We Listen tour. Following Loretta Van Zandt the tour, most of the work of the panel is expected to take place in the fall of 2017 and into 2018. Any proposed constitutional amendments recommended by the 37-member commission must be filed with the Secretary of State 180 days before See UPDATE, Page 11

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Circuit Court Mediator 677 N. Washington Blvd. · Sarasota, Florida 34236 · 941.329.1199 office · 941.957.3630 fax Michele S. Stephan, Esq. · [email protected] SOUTH COUNTY DIVISION FLORIDA BAR Good turnout for May luncheon UPDATE Continued from Page 9 reetings from South County! As SCD Board will be grilling up hot the General Election to go on the we move full on into summer, SOUTH COUNTY dogs and hamburgers, and there will ballot for the November 2018 GI would encourage everyone to PRESIDENT’S be plenty of cold beverages to keep General Election and would require step back, look around, find some- you hydrated. Don’t have a boat? approval from 60 percent of voters thing you enjoy and go do it. We all COLUMN No worries. Park at the North Jetty to take effect. The Florida Bar is need to take time off and recharge and we will shuttle folks back and working to educate the public of the our batteries, so I hope you find forth to the island. Check the weekly importance of the CRC. For more something relaxing and enjoyable to e-blasts for more details. information, visit www.floridabar. do this summer and take full advan- That is all for now. Enjoy your org/crc. The Constitution Revision tage of it., summer! Commission’s website is www.flcrc. Things are pretty quiet here in gov. South County; we continue to work As always, it is my honor and with county staff on the design of privilege to serve our circuit, and the new Courthouse at the R.L. Have you or a member of your firm please feel free to contact me with Anderson site. Our full Circuit Civil Stephen K. any questions, concerns or thoughts Division with Judges Don Hall and Boone, Esq. achieved professional recognition? you have related to the Bar. Kimberly Bonner continues to flour- Boone, Boone, ish. We have had a series of “brown Boone & Have you hired a new attorney? bag” lunches with both judges, and Koda, P.A. Any other news of note? If so, we YLD I believe all parties are quite satisfied with the way things are running at would like to hear about it. Email the South County Courthouse. your “News of Note” items to We are wrapping up our year TIPS with a family friendly picnic at Snake [email protected]. Continued from Page 5 Island on Saturday, June 24. The time to build a good reputation, you can lose that reputation in an instant by playing fast and loose with the law or facts. to Chapter 117, Florida Statutes, NOTARY which governs notaries public, and “If you know the enemy and Continued from Page 1 changed notary bonding agencies. know yourself, you need not on Contracts) would be notarizing The new agency accepted his renewal fear the result of a hundred as “Billings” and “Edward” respec- application without question, and battles. If you know yourself tively, unless the Notary Section his commission in his first initial was but not the enemy, for every considered Judge Hand’s nickname, renewed. victory gained you will also “B,” “within reason” (in which case, At least 20 members of the suffer a defeat. If you know my new nickname is “J”). Sarasota County Bar Association neither the enemy nor Attorneys currently notarizing J. Allison use first initials in place of their yourself, you will succumb in under their first initials should not Archbold, first names.E. John Wagner II, a every battle.” — Sun Tzu, The breathe a sigh of relief; they can Esq. board-certified tax attorney with Art of War continue notarizing under their first Fergeson Skip- Williams Parker Harrison Dietz & One way to close the experience initials until their current commis- per, P.A. Getzen, is “happier than ever that gap is to familiarize yourself with sions expire. But they should have [he] never became a notary” as a opposing counsel. Read the firm their name-change petitions or retire- result of the new requirement. C. biography, search names on Westlaw, ment letters ready unless they are Kelley Corbridge, a board-certified and ask other attorneys in the prepared for a fight when it comes wills, trusts and estates attorney area about the opposing counsel’s time to renew. The rule change does with Horlick & Corbridge, P.A., is experience. Knowing what to expect not allow for grandfathering in old pleased that he will at least be able out of the other side will help notary commission names. Accord- to continue to notarize using his full alleviate the potential intimidation ing to the Florida Department of middle name. His name on his driver factor. State’s Notary Commissions and license is “Charles K. Corbridge.” It is also important to step back Certifications Section, when a notary A. James Rolfes, a board-certified from your case and try to view it applies to renew a Florida notary civil trial lawyer with Dickinson & from the other side’s perspective. commission, he or she will have to Gibbons, P.A., likened the change to If you were representing the other change his or her commission name the changes to travel documents that side, what would you do? Being a to conform to the new rule. were imposed after 9/11. successful litigator requires you to One local attorney successfully Note: The Notary Section of the anticipate your opponent. Before avoided the rule change by changing Executive Office of the Governor filing any motion, attending any notary bonding agencies. After his referred all questions regarding the deposition, or going into court, put renewal application was rejected by rule change to the Executive Office yourself in your opponent’s shoes. his notary bonding agency last year of the Governor’s Communication You’ll be better able to anticipate because he used his first initial, he Office, which had not replied to my arguments and strategies, which in confirmed that there was no change questions as of the article deadline. turn will make you better prepared.

The Docket · June/July 2017 11 Why Hire CAPITAL PROTECTION AND INVESTIGATIONS? Attorneys may not realize how big an asset a private investigator can be in developing a case. There are many tasks that private investigator Michael Frassetti can undertake that might be unsafe, difficult or even illegal for an attorney to perform on their own. Here are just some of the services that Capital Protection & Investigations offers the legal community: ■ LOCATING HIDDEN ASSETS MICHAEL ■ PREPARING FOR CROSS-EXAMINATION FRASSETTI ■ RECONSTRUCTION • Former NYPD officer ■ PHYSICAL SURVEILLANCE • Licensed and ■ PREDICTING AN OPPONENT’S NEXT MOVE professional ■ PUBLIC RECORDS SEARCH AND RETRIEVAL investigator ■ LOCATING WITNESSES, HEIRS, AND VICTIMS • Each case is handled with the utmost ■ ENFORCING JUDGMENTS discretion ■ “CONNECTING THE DOTS” • B.A. in Law ■ JAC APPROVED PRIVATE INVESTIGATOR • Free consultations provided CALL TODAY FOR A FREE CONSULTATION — (941) 525-0177

Capital Protection & Investigations Michael Frassetti, Licensed Investigator 3947 Clark Road, Unit M, Sarasota, FL 34233 www.cpinvestigations.net FL LIC #A1500031

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www.sarasotawex.com 539 S. ORANGE AVE 941-955-7859 MORE THAN $7.8 MILLION AWARDED *Unfortunately, there may be a times when an estate does not qualify MON-FRI 9-4 & SAT 10-4 1st FRIDAYS TIL 5PM IN GRANTS AND SCHOLARSHIPS for the “Royal Treatment” program due to unsaleable merchandise. SECTION NEWS CLERK’S CORNER

APPELLATE LAW will share important technology tips Chair: Robert K. Robinson, Esq., and tricks to ensure that you are AO 2017-6.2 seeks to Kirk Pinkerton, P.A. maximizing tech to your benefit in appeals. See enclosed registration Using tech to your advantage before flyer for more details. the Second DCA clean up the docket On Friday, June 16, the Appellate ADR n May 4, Chief Judge Charles Williams signed Section of the Sarasota County Chair: Michele S. Stephan, Esq., AO 2017-6.2, Administrative Closings of Inactive Bar Association will present a CLE Legal On Your Own, P.A. OReopened Cases, in an effort to improve the accu- meeting: Using Tech to Your Advan- racy of reporting cases engaged in active litigation. tage Before the Second DCA. The Pick up practice tips at June 21 Since many reopened cases have been inactive for luncheon will run from noon to 1 luncheon substantial periods of time (with the issues that caused p.m. at the Sarasota Yacht Club. Please mark your calendars and plan them to be reopened having been Enjoy lunch, earn tech credit, and to attend the June 21 meeting of the abandoned or otherwise moot), learn about the inner workings of ADR Section at the Bijou Café from CLERK’S case management and reporting the Second DCA. Dineen Pashoukos 5:30 to 8 p.m. Cost is $30 for Sara- is improved by purging court Wasylik, a board-certified appellate sota Bar ADR Section members and CORNER dockets of reopened cases that are and IP attorney, and Austin Roe, $40 for nonmembers. dormant, and requiring no further staff attorney at the Second DCA, We are pleased to have a panel judicial attention — except for the discussion on the topic of Practi- ministerial action of administrative cal Practice Tips & Tricks. Panel closure. members include Richard Perlman, The signing of AO 2017- 6.2 Norman Vaughan-Birch and Stephen administratively closes all circuit Registration flyers may be Brannan. This will be an interactive civil, probate, guardianship, found following Page 16. discussion to discuss tips and tricks mental health, family, county civil of practice administration and medi- and small claims cases that were ation techniques. Request has been Karen E. reopened prior to January 1, 2015, made for CLE credit and CME will Rushing and have no activity since January be self-reporting. Clerk of Court 1, 2016. and County A party seeking to reopen a Comptroller by this AO must file a motion to return the matter to open or active status — including an explanation for the prolonged inactivity — and pay applicable fees. As a reminder, reopen fees initially paid are earned at the time of filing, and are not subject to refund. If no hearing is scheduled within 30 days of the motion to reopen a previously administratively closed case, the case will be administratively closed again. The Docket is a publication of the AO 2017-6.2 also states that on a prospective basis, Sarasota County Bar Association. All the Clerk may review and administratively reclose all circuit civil, probate, guardianship, mental health, articles printed herein are the property family, county civil and small claims cases that are in a of the Sarasota County Bar Association reopened status with no record activity for one year. It and may not be reprinted without is incumbent upon attorneys to ensure that motions are permission. heard by the Court or officially withdrawn to prevent PUBLISHER: SCBA Executive Director cases from remaining in an open state unnecessarily. Holly Lipps If you have any questions about the Clerk’s role in this process, contact the office at (941) 861-7400. CO-EDITORS: Brian D. Goodrich, Esq., Bentley & Bruning, P.A., and Robert L. Young, Esq., Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. DESIGN AND EDITORIAL CONSULTATION: Peter M. Gentile, Connect with us! petermichael associates Want to be reminded of upcoming SCBA The Docket encourages submissions of interest to SCBA members. Contact the SCBA office via e-mail (scba@ events while you scroll through Facebook? sarasotabar.com) or phone (861-8180) for further How about a glimpse of past events you information. The Docket is published 10 months a year. Deadline is the first Friday of the month preceding the month missed? Maybe even some local legal news of publication. and events? Please “like” our Facebook page to receive future updates and photos by clicking here: www.facebook.com/SarasotaBar

The Docket · June/July 2017 13 Mediation Services Need Construction Litigation Support??? BOB HOYLE • Probate matters • Will and trust FOREMAN & contests • Real estate ASSOCIATES, INC. COMMERCIAL • RESIDENTIAL • INDUSTRIAL • Homeowners and condominium I Expert Witness associations I Investigations • Foreclosures I Detailed Reports • Commercial and I Building Code Interpretation 25 YEARS EXPERIENCE residential leases I Forensic Analysis DE / NDE • Certified Circuit Civil Mediator and tenancies I Improper Design / Installation • Certified County Civil Mediator contract • Certified Appellate Mediator I Negligence / Accidents • Florida Arbitrator • Business and I Developer Turn-Over Study • Federal Mediator commercial • Harvard College, B.A., 1975 litigation • Capital University Law School, MICHAEL S. FOREMAN J.D., cum laude, 1986 D. Robert Hoyle, P.A. PRESIDENT • Harvard Law School Mediation 941-745-1124 Program 941-955-8111 [email protected] 2511 BEE RIDGE ROAD 1001 THIRD AVENUE W., SUITE 260, BRADENTON, FL 34205 SARASOTA, FLORIDA 34239 www.hoylefirm.com · Email: [email protected] www.constructionguru.com Calendar availability and full bio at floridamediators.org/roberthoyle [email protected]

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that encrypted and locked all of the backup systems that work. Make RANSOMWARE All in all, the data. Trying to open any file brought sure your backup systems are doing Continued from Page 1 Fairness in up a ransom demand, in this case, something more than just backing up safeguards were in place at my $30,000, which could only be paid a mirrored copy of the data. Make firm, I was then more curious about Class Action in Bitcoins. The firm then had a sure you have a way to restore good, exactly what happened at my fellow Litigation decision to make: pay the ransom clean data from a backup. Actually lawyer’s firm. and get back to work, assuming test and check to make sure that The other firm to which I refer Act of 2017 the payment was honored and the your backup systems work. You is a small law firm with only a is an attempt system restored (no guarantees — would be shocked to learn how couple of lawyers and some support you are dealing with a cybercriminal many backup systems actually do staff, but with a fairly complicated to hinder after all), or hire another computer not work. Microsoft server-based computer effective firm to attempt to de-bug the system If you are not sure how good system. They are a typical small firm and undo the hack. The firm elected your IT support is, hire more, and that does not have an on-staff full- litigation not to pay the cybercriminals, have the second company check the time computer person, and instead on behalf of instead paying other computer first company’s work. hires out computer techs when technicians to de-bug the system. As If you had no internet cable needed. This firm had long ago hired individuals noted above, the ransom demand or connection connected to your an outside tech group to essentially against large was $30,000. The estimated cost to computer anywhere, you would insure that their computer system fix it was $6,500 and ended up being never be able to be hacked from the was as un-hackable as possible. This corporate $10,000 plus lost productivity for outside. The moment you connect to firm also had an employee manual defendants 10 days. the internet, you open a hole in your that prohibited staff members from The tech firm hired to fix the system that is potentially hackable. themselves installing any outside problem indicated that they average Every other access point to your software or hardware onto the three calls a day from Sarasota/ system is also a hole that a hacker system — that task being reserved Bradenton-based businesses with can access if left unsecure. This to the aforementioned computer almost identical issues, most means every computer, every scanner, technicians. of which were lawyers, CPA/ every network printer, every remote Unfortunately, however, one accountants, or other professionals login connection (from your house, staff member elected to ignore the who rely on computers. your smartphone), etc. employee manual and installed, So why didn’t the firm just use a If you log in remotely to your without the permission or knowledge data backup system? They did, and office computer through your of anyone else, a simple $100 a good one. Once the data was fully home, make positively sure that network scanner. There was no ill encrypted on the network server, you use some form of dual-factor intent of the staff member, she just the backup system over-wrote the authentication. The firm discussed did not want to use the big fancy previously saved good data with above uses an application called (and approved) scanner; she wanted encrypted and locked data, and Duo Mobile. When you go to log in her own small scanner on her desk then proceeded to overwrite all of remotely, your office computer will to avoid having to walk across the the other three locations across the shoot a message to your cell phone, office to scan. Simple devices such as United States where the data was and you have to validate the login these often have their own dummy backed up. In essence, the backup from that second device. This way, password, which when installed, system backed up encrypted and a hacker would need to hack both should be changed. In this case, locked data. your computer and cell phone to the scanner’s network password access your computer system. was “scanner.” Many other n light of this harrowing tale, I Absolutely use unique passwords inexpensive devices have similarly did a little research on the internet everywhere. Do not use the same generic passwords when installed. Iand learned that this problem is passwords twice if you can help it. The hired computer tech was not not just for the unaware small firm Do not allow staff to install aware that the staff member had practitioner. A number of national anything on or connect anything installed the scanner, and hence did law firms have been attacked in this to the system. Staff should come not know that he needed to change fashion. Many of these larger law to management with a request for the password from “scanner” to firms that possess particular types whatever is wanted, and if approved, something unique and protected. of information (often intellectual have a qualified IT person install it. The staff member, of course, was property firms and M&A firms There are no exceptions to this rule. unaware of the password issue at all. are targeted) are bombarded daily Most staff members think very little As a result, some overseas and with phishing e-mails just hoping of the employee handbook, so make impossible-to-catch cybercriminal someone opens or otherwise a special note to preach this problem used an automated system to search activates the wrong one. At least to them. Adherence to this rule the internet for computer systems one firm who refused to pay ransom would have saved the firm discussed with devices that have common lost all of their files. In light of all of herein much pain. This rule is in passwords and found the firm’s this, I share with you the following place for a reason. scanner on the system. This break thoughts: Maintain and update quality in security allowed the criminal to Your current IT person is anti-virus software and anti-malware enter the “scanner” password, which not as good as you think. Check protection, understanding that the allowed the cybercriminal access to and double-check references and best protection is to secure your the entire server. Once in the server, qualifications. Learn about threats. system from threats so this software the cybercriminal ran a program Ask questions. Make sure you have See RANSOMWARE, Page 16

The Docket · June/July 2017 15 PROBATE AND TRUST LAW NEWS OF NOTE

Under this reasoning, neither n The law firm of Syprett, Meshad, Resnick, Lieb, COINS the U.S. Mint Liberty gold coins Dumbaugh, Jones, Krotec & Westheimer, P.A., has Continued from Page 3 nor foreign gold coins such as expanded its legal team with the recent hire of associate property. 944 So.2d 437, 439 (Fla. South African Krugerrands would Emily K. Garriott. Attorney Garriott is a member of The 4th DCA 2006) (holding that a be considered tangible personal Florida Bar, and is admitted to practice before all Florida devise of “a monetary amount”… property for the purposes of the state courts. Prior to joining Syprett Meshad, Ms. Garri- “could not be effectuated through Will or Trust provisions that ott was an Assistant State Attorney in the 12th Judicial a separate writing” regarding devise tangible personal property Circuit State Attorney’s Office, where she handled all tangible personal property). For to beneficiaries. While a testator phases of the criminal prosecution of defendants, includ- IRS valuation purposes, the Internal may prepare a written statement ing non-jury and jury trials. Revenue Manual provides examples or list to “dispose of items of of TPP that includes “silver” and tangible personal property, other n Gibson, Kohl, Wolff & Hric, P.L. is pleased to “collectibles” but does not include than property used in a trade or announce that Elizabeth Wexler has joined the firm as gold or coins. See I.R.M. 8.18.1.2.2, business” under § 732.515, Fla. an associate attorney. Elizabeth comes with a wealth of available at https://www.irs.gov/irm/ Stat., the Baldwin case implies experience and knowledge in the areas of residential and part8/irm_08-018-001.html (accessed that the devise of money cannot commercial real estate. Prior to obtaining her law degree, Mar. 23, 2017). be effectuated through a separate Elizabeth owned a busy real estate brokerage on Long- In April 2017, the U.S Mint writing under this provision of the boat Key. She has held a variety of associated licenses, released a commemorative 24-karat Florida Probate Code. If the Smith including Florida real estate salesperson and Florida gold coin featuring Lady Liberty as holding that gold coins of domestic mortgage Broker. We are confident that Elizabeth will a black woman, a first for the U.S. or foreign origin are money is complement our team and continue in our tradition of Mint. While the face value of these applied to the probate and trust providing the highest level of client service. new coins may not seem significant context, then the gold coins could ($100), their sale price depends on not be disposed of by separate n Philip J. Schipani was recently appointed to a four-year the price of gold, which is currently writing or by the provisions of a term on the Executive Council of the Family Law Section more than $1,000 an ounce. These Will that devise tangible personal of The Florida Bar. commemorative gold coins, like property. You may wish to refer the ones before them, are most back to these cases in the instance likely considered money given that where you have a Will that they are minted domestically even treats tangible personal property MEMBERSHIP though they are often purchased as differently from other assets, which “collectibles.” Fun fact: Sarasota is is common with pour-over Wills. home to the world’s largest third- party coin certification service Welcome, new members! (called Numismatic Guaranty Corporation), which is the he following represents each new member’s official coin-grading service of the CLASSIFIED ADS name, law school, year of admission to The Flor- American Numismatic Association Tida Bar, and law firm association. (numismatics is the study or EMPLOYMENT collection of currency, including n Christopher J. Fowler Jr.: Florida International coins). This explains why Sarasota Litigation Attorney — Established long-term University; 2013; Norton, Hammersley, Lopez & Sarasota AV-rated law firm has opening in its has so many coin dealers and litigation department for associate attorney Skokos, P.A. enthusiasts. with minimum 2-plus years of experience in n Robert J. Johnson: Cooley Law School; Class of commercial and/or civil litigation. Seeking 2017; Student Member hile there is not Florida case motivated attorney to assist in general litigation practice primarily in the areas of n law addressing whether gold construction, business, real estate, mortgage Madeline A. Ross: Michigan State University; Wcoins from a foreign mint foreclosure, contract law, landlord tenant, 2017; Law Office of Annette Ross are “money” or “tangible personal trusts/probate, personal injury and general property” in the probate context, a commercial representation. High academic credentials, active Florida Bar membership Florida case in the late 1970s held and successful employment history that gold Krugerrands minted in required. Compensation commensurate with South Africa are money and not experience. Send resume in confidence to: tangible property for purposes Fergeson Skipper, P.A., 1515 Ringling Blvd., Tenth Floor, Sarasota, FL 34236; or info@ of the Florida sales tax. The case fsskbt.com; Attn.: Firm Administrator. cited a Florida Statute that defined “money” as “intangible personal Sarasota AV-rated construction/commercial litigation law firm is seeking a lawyer RANSOMWARE property” and not tangible prop- with a minimum of six to 10 years complex erty subject to the tax. The court civil litigation experience. Candidate must Continued from Page 15 in Smith v. Department of Revenue have superior academic credentials, a never has to do its job. successful employment history and proven held that gold Krugerrands were client relations skills. This is a long- Portions of the information relayed here came included within the term “money” term opportunity. Top of market salary from the following article, which I encourage you to along with United States money commensurate with talent and experience. read, “Kidnapped Computers: The Virus Wrecking and therefore not tangible personal Medical, disability and 401k benefits provided. Law Firms,” by Filevine CEO Ryan Anderson. I also All inquiries will be treated with the utmost property that would be subject to discretion and held in strict confidence by suggest that you, or others in your firm, make sure the sales tax on its transfer. 376 So. Gurley Vitale. [email protected] proper safeguards are in place, as it does not appear this 2d 421, 422 (Fla. 3d DCA 1979). (941-556-1488) problem will be going away any time soon.

16 The Docket · June/July 2017

APPELLATE SECTION “Using Tech to Your Advantage Before the Second DCA” Friday, June 16, 2017 12 noon to 1:00 p.m. Sarasota Yacht Club Presented by:

Dineen Pashoukos Wasylik, Esq. and Austin Roe, Esq.

Enjoy lunch, earn tech credit and learn about the inner workings of the 2d DCA at this not to miss presentation! Dineen Pashoukos Wasylik, a board certified appellate and IP attorney, and Austin Roe, staff attorney at the 2d DCA will share important technology tips and tricks to ensure that you are maximizing tech to your benefit in appeals!

1.0 General, 1.0 Technology Credits Have Been Approved

We gratefully acknowledge the support of our sponsor:

Appellate Section Meeting Friday, June 16, 2017 Sarasota Yacht Club $30.00 Per person

Name: ______Email: ______

______Please check here if you require a vegetarian selection

To pay by credit card visit www.sarasotabar.com

Reservations must be received by Friday, June 9, 2017 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of event will be invoiced.

____Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

The ADR Section of the Sarasota County Bar Association presents

“Practical Practice Tips & Tricks”

Wednesday, June 21, 2017 5:30 to 8:00 p.m.

Panelists:

Richard Perlman, Esq. Norman Vaughan-Birch, Esq. Stephen G. Brannan, Esq.

Two hours of CLE Credit are pending approval by the Florida B a r. The course is also eligible for mediator self-reporting in the categories of two live hours of mediator ethics.

ADR Section Meeting Wednesday, June 21, 2017 Bijou Cafe $30.00 /person

Name: Check Amt. Email: Check No.

Entrée Selection ____ Chicken Paillard _____ Pasta with Shrimp ____ Crab Cakes w/ French Fries _____ Pork Schnitzel

Deadline for reservations: Wednesday, June 14, 2017 Mail with payment to SCBA, P.O. Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of event will be invoiced.

____Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

Family Court Professional Collaborative 2017 Annual Conference: Don’t Let Your Family Law Case Turn Into A Horror Story

When: Friday, October 13, 2017— 8:00 a.m. until 5:30 p.m. Where: Polo Grill, 10670 Boardwalk Loop, Lakewood Ranch

Agenda 8:008:30 a.m. Registration & Checkin 8:308:40 a.m. Welcome Judge Stephen M. Walker 8:409:50 a.m. Cases, Statutes and Rules: They Don t Have to be Scary Sharon O Day , Esq. 9:5010:00 a.m. Coffee Break 10:0011:00 a.m. Stop“ the Monster Mash: The Effect of ’Intimate Partner Violence” on Families’ Valerie Fisher, LMHC 11:0012:00 p.m. Horror Stories of Financial Abuse During the Divorce Process Joshua G. Sankes AWMA®, ADFA®, CDFA and Chris Wailand, CPA/ABV, CFE 12:0012:30 p.m. Buffet Lunch , FCPC Meeting ™ 12:301:30 p.m. and the Effect of Trauma on People Shaun Hoyle, CPE and Peggie Ward, PhD 1:302:30 p.m. TraumaHigh Conflict During is Toxic:the Court Adverse Process: Childhood What We Experiences Can Do When (ACE) We See Things Getting Scary Judge Stephen M. Walker and Judge Donna Berlin 2:303:30 p.m. —Shaun Hoyle, CPE and Peggie Ward, PhD 3:303:40 p.m. ChangingCoffee Break a Horror Story: Creating Hope for Our Next Generation with Resiliency 3:404:30 p.m. Community Resources for Our Families— 4:305:30 p.m. Court— Judge Stephen Walker & Judge Berlin;Opportunities Judges Panel for Growth and Healing Changing the Horror of the Court Process: Creating a New Case Management System to Take the Fear Out of TO REGISTER ONLINE: http://conta.cc/2rZTj3o

Name: ______Firm: ______

Address: ______

Phone: ______E-mail: ______

Profession:______Phone: _(______)______

FCPC Membership & Registration: Early-bird through 7/31: $160 8/1 - 9/31: $185 10/1 - 10/6: $200 Support Staff, Non-Profits, & Government Agencies (no CLE’s or CEU’s provided) : $99 Court Administration / Personnel (no fee) The FCPC Membership & Registration price allows you to renew or enroll in a new membership for 2018 and join us for the conference. Registration & Membership is open only to professionals practicing in the areas of Law, Mental Health & Finance and qualified for membership in FCPC as per By-Laws. Return form & check payable to FCPC to: Cathie Hawkins 330 S. Pineapple Ave, Suite #106, Sarasota, FL 34236 Inquiries: Faith Z. Brown, Esq. / Christa Coleman, [email protected] or call (941) 953-2825 The Florida Psychological Association is approved by the Florida Department of Health, Board of Psychology and Board of School Psychology to sponsor continuing education for psychologists. The Florida Psychological Association is approved by the Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling as a provider of continuing education. The Florida Psychological Association maintains responsibility for the program and its content. Certificates will be provided at the close of the training. No Refund will be provided. Registrants may provide a substitute or may receive all materials and membership for 2018; substitute names must be provided by October 6, 2017.