Sarasota County Bar Association May2016 VOL. 33, NO. 5 CONSTRUCTION LAW The latest installment of Chapter 558 — A step in the wrong direction? By CHRISTOPHER A. STAINE, Esq. particular modification that could very “The notice of claim must describe (See Fla. Stat. §558.004(1)(b) Shumaker, Loop & Kendrick, LLP well serve to undermine the essential in reasonable detail the nature of each (2015)). To be clear, unlike prior purpose of Chapter 558. Specifically, alleged construction defect and, if versions, the 2015 version now n 2004, Florida Gov. Jeb Bush signed under the pre-2015 version of Chapter known, the damage or loss resulting requires claimants to identify the into law what is commonly referred 558, claimants were merely required from the defect. Based upon at least location of each and every alleged Ito as Florida’s “opportunity-to-cure” to “describe the claim in reasonable a visual inspection by the claimant or construction defect. While this change statutes, more formally referenced detail sufficient to determine the its agents, the notice of claim must might appear fairly innocuous to the as Chapter 558. In short, Chapter general nature of each alleged identify the location of each alleged casual observer, the potential economic 558 was enacted to require aggrieved construction defect and a description construction defect sufficiently to repercussions of this change could property owners to place contractors of the damage or loss resulting from Christopher A. enable the responding parties to locate serve to dissuade property owners and design professionals on notice the defect.” (See Fla. Stat. §558.004(1) Staine, Esq. the alleged defect without undue from participating in the 558 process of construction defects, with an (2014)). By contrast, the current Shumaker, Loop burden. The claimant has no obliga- altogether. This is due to the fact opportunity to inspect and, if possible, version now imposes a more stringent & Kendrick, LLP tion to perform destructive or other that, whereas the prior iterations of resolve the alleged defects without notice requirement, specifically: testing for purposes of this notice.” See CONSTRUCTION, Page 5 resorting to potentially expensive and protracted litigation. Given the many amendments to Chapter 558 since its SOUTH COUNTY DIVISION inception, Chapter 558 has, if nothing SECTION NEWS else, proven to be a work in progress. Most recently, on June 16, 2015, Gov. Rick Scott signed into law House SCBA board Bill 87, which yet again substantially changed the face and complexity of Chapter 558. However, unlike OKs new Elder prior amendments, this most recent round of changes brought with it one Law section MEETING NOTICE By ANDREW R. BOYER, Esq. Boyer & Boyer, P.A. n March 8, the SCBA Board of Law Day Directors unanimously approved Othe creation of an Elder Law Section. This new section will focus on Luncheon set areas of practice related to guardian- ship, public benefits, veteran benefits, and incapacity planning, as well as for May 19 the many other legal issues affecting seniors and those with disabilities. By JAIDE BEVERLY, Esq. SCBA members who were formerly Williams Parker part of the informal Guardian- ship Sub-Section group will also be n 1957, the American Bar Associa- included as part of this more broadly tion envisioned a special day for cele- based Section. Ibrating the role of law in our society. We are very grateful to SCBA Presi- In 1958, that vision came to realiza- SPORTING CLAYS EVENT STARTS WITH A BRIEFING, NOT A BANG dent Keith DuBose and the Board for tion when President Dwight D. Eisen- The Sixth Annual South County Division Sporting Clays event was another success! Over 100 participants gather their support, to Past-President Robert hower declared May 1 of each year to around picnic tables to receive gun safety and proper shooting technique at the Sarasota Gun Club on March 18. Scheb, and to Chief Judge Charles E. be Law Day in the United States. Please see page 6 for more photos. Williams for his innovative tenure as As part of the week-long celebra- our Probate Judge. Judge Williams tion for Law Day, each year the Sara- issued the following statement on the sota County Bar Association sponsors SCBA ANNUAL MEETING creation of the Elder Law Section: a wide range of law-related educa- “As our community continues to tional activities, including a luncheon become a destination for more and for SCBA members. This year the YLD more retiring baby boomers, it is very is excited to host the annual Law Day SCBA, YLD and South County leaders to be elected important that our local bar members Luncheon on Thursday, May 19, at be in a position to educate themselves, Michael’s on East from noon to 1:15 By KEVIN R. BRUNING, Esq. and Daniel R. Strader, shall be elected the public, and other lawyers on the p.m. Nominating Committee Chair The slates will be for a term of three years. Other offi- complex legal issues involved in cases The theme for Law Day 2016 elected by voice cers being elected are W.E. Chip Gaylor, that deal with our aging population. is Miranda: More Than Words, to here having been no petitions by President-elect; Nancy E. Cason, Secre- The Court system recognized this year commemorate the 50th anniversary any persons to serve as officers and acclamation of tary; and W. Andrew Clayton Jr., Trea- the need to become more hands-on of the seminal U.S. Supreme Court Tdirectors of the Sarasota County the members surer. The remaining members of the in guardianship matters by securing a case, Miranda v. Arizona. The event Bar Association for the 2016–2017 2016–2017 Board of Directors include full time Guardianship Monitor to be will feature a mock trial play on term, the slate submitted by the respec- present at the President E. Keith DuBose, Immediate the eyes and ears of the court as more the theme of Miranda reenacted by tive Nominating Committees shall be Annual Meeting on Past President Douglas A. Cherry, and people come under the jurisdiction grade-school students from a local elected by voice acclamation of the Directors J. Allison Archbold, Stacy of the court as a result of dementia elementary school. In addition, you members present at the Annual Meet- Thursday, May 19. Dillard-Spahn, Mark A. Haskins, Dana and related conditions. An Elder Law will hear from Col. Kurt Hoffman, ing on Thursday, May 19. B. Keane, Jason A. Lessinger, and Section is needed to keep up with our chief deputy of the Sarasota County Three new directors for the SCBA, Jonathan P. Whitney. Incoming YLD aging population and the legal issues Sheriff’s Office, Assistant State Attor- Hagen P. Brody, Jennifer L. Grosso, See LEADERS, Page 3 that continue to arise as a result.” ney Andrea McHugh, and criminal defense attorney David Haenel regard- ing the impact of Miranda, how the COMMUNITY INVOLVEMENT SPOTLIGHT procedural protections are safeguarded by the courts, and why preservation of the Miranda warnings are essential to life, liberty and property of all citizens. Miracle League of Manasota: Let’s all play ball! We are anticipating a wonderful turnout, so reservations will be on a By JORDAN J. RICCARDI, Esq. plate you glance at your family in the resources to make this dream into first-come, first-served basis. Contact Icard, Merrill, Cullis, Timm, Furen & stands, wearing your team colors. You something different altogether — a Erin Itts, the Law Day luncheon chair, Ginsburg, P.A. are bursting at the seams to compete League of Miracles. at [email protected] if you have any and have fun, and some day in the not- The Miracle League of Manasota questions or need additional informa- t’s early Saturday. The trees still glis- so-distant future, you will look back has transformed the hopes and dreams tion. See flyer insert for more informa- ten with the same moisture that fills on this day and reminisce in the glory of disabled children into the morn- tion. Iyour lungs as the sun rises to shed of sport. ing air, leather gloves, metal bats, morning light on the field. Your leather This is an experience most of us and cherished memories. The League glove is smooth at the palm, and the have been fortunate enough to share provides true miracles every Saturday: inside is worn and gritty. Your hat has Jordan J. in as kids. Have you ever stopped the players who are the most genuinely been sported every way possible, and Riccardi, Esq. to think that this experience can be grateful enthusiasts of our national you are proud of its maturity. The bat Icard, Merrill, a gift? That there are many who, by pastime; the Major League profession- you use is looking for its next home Cullis, Timm, no fault of their own, only wished als who are involved and contribute in run. The game announcer has called Furen & that they could share this gift, if only a meaningful way; the players’ families your name, and on your way to home Ginsburg, P.A. for a day? That maybe we have the See MIRACLE LEAGUE, Page 5 2 May2016 BAR ASSOCIATION NEWS Gender equality still not a reality in the legal profession ome of you may be surprised to SCBA thirty-seven percent said they had it. What can we do about it?” Abadin experience the bias recounted by the learn that young women lawyers PRESIDENT’S experienced a lack of recognition of asked. young women lawyers in this recent Sare still experiencing bias in our work-life balance at their law firms; Renée Thompson, a Board of survey.