meet the 2014-2015 executive committee candidates · the magazine is published 10 times per year...
TRANSCRIPT
ST. PETERSBURG BAR ASSOCIATION
www.stpetebar.com | APRIL 2014The Magazine For The Legal Professional
FOCUS
PARACLETETHE SPIRIT OF TRUTH
MEET THE MAYOR: RICK KRISEMAN TAKES THE HELM By Jowita Wysocka
ATTENTION TRADEMARK OWNERS: THE INTERNET IS EXPANDING By William Brees
NEW FEATURE: CALENDAR OF EVENTS PAGE 34
Meet the 2014-2015
Executive Committee
Candidates
Brittany J. MaxeySecretary
Kelli H. Crabb Bruce H. Denson
Gina M. Pellegrino Jesse L. Skipper Melissa D. Spangler Shirin M.Vesely
Cary A. CashPresident-Elect
Benjamin F. Diamond
Editorial Policy: The Paraclete is published for the members of the St. Petersburg Bar Association. The magazine is published 10 times per year and welcomes submissions for publication. Publishing and editorial decisions are based on the editors’ judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the magazine. From time to time the Paraclete publishes articles dealing with controversial issues.
The views expressed in the Paraclete are those of the authors and not necessarily those of the editors, executive committee or officers of the St. Petersburg Bar Association. No endorsement of those views should be inferred unless specifically identified as the official policy of the St. Petersburg Bar Association.
Advertising copy is reviewed, but publication herein does not imply endorsement of any product, service or opinion advertised. Advertising rate cards are available upon request by calling 727-823-7474 and may be downloaded at www.stpetebar.com. © 2007 St. Petersburg Bar Association.
St. Petersburg Bar Association2880 First Avenue North
St. Petersburg, FL 33713-8604Phone: 727.823.7474 • Fax: 727.823.8166
E-mail: [email protected] Referral Service: 727.821.5450
The mission of the St. Petersburg Bar Association
is to serve the legal community, to strengthen the
noble calling of the practice of law, and to foster
excellence in the profession.
Executive DirectorMelissa Byers
Editor Regina Kardash
(727) 733-0494, Ext. [email protected]
Paraclete AdvertisingJoAnn Knight 727.823.7474
Design & Production727.239.3713
PARACLETE: The Spirit of TruthApril 2014
EDITOR’S LETTER
FEATURES
8 MEET THE MAYOR: RICK KRISEMAN TAKES THE HELM By Jowita Wysocka
10 ATTENTION TRADEMARK OWNERS: THE INTERNET IS EXPANDING By William Brees
12 FIRST DCA ALLOWS FOR MULTIPLE INDEPENDENT MEDICAL EXAMINATIONS UNDER THE FLORIDA WORKERS’ COMPENSATION ACT By Mitchell Golden
14 FLOOD INSURANcE 101 AND THE BIGGERT/WATERS ACT By Bob Kunish
16 RECENT DEVELOPMENTS IN CO-OWNER VICARIOUS LIABILITY By Martin G. Deptula
AROUND THE BAR
18 MEET THE CANDIDATES
21 BAR AND COURT NEWS
IN EVERY ISSUE
4 PRESIDENT’S MESSAGE
6 EDITOR’S NOTE
22 st petersburg bar foundation
23 Pfawl
24 paraclete parent
contentsST. PETERSBURG BAR ASSOCIATION
26 Stetson review
28 COMMUNITY LAW PROGRAM
30 young lawyers’ corner
32 wHAT’S UP AND WHO’S NEW
33 CLASSIFIEDS
31 ALPHA INSTITUTE JUDICIAL FORUM
34APRIL 2014 CALENDAR OF EVENTS
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Unfortunately, the entire content of this message is both negative and financially serious. Your Bar Association is facing a very substantial challenge directly related to water damage to our building. While no firm costs are available at this time, the cost of remediation of the existing building or potential construction of a new building could be substantial.
When it was announced in late 2010 that your Bar Foundation, on behalf of your Bar Association and in concert with the Bar, had contracted to purchase our own building, that information was received warmly. Since then, a combination of the brick and capital campaigns resulted in approximately $215,200 becoming available to support the building and land acquisition. Many of us members, and several substantial sponsors helped make the acquisition possible. Each of you are much appreciated.
As to our immediate liability considerations, the debt on the building (mortgage with Fifth Third Bank) has a current balance of approximately $251,000+. To remind you, at the same time the building was purchased, we also purchased two adjoining vacant lots, which are cross collateralized with the mortgage debt. The only good news in this message is that we have some substantial equity in the vacant lots.
Prior to the purchase, in November of 2010, a building inspection was conducted by Britannia Building Consultants that did not reveal any significant findings. They did state “The building was found to be sound and well-constructed in general.”. While they noted some minor defects, no major defects were noted. It may be that the long term damage referenced below could not reasonably have been found, given the limits of the building inspection. No conclusion has been reached on this matter.
As we are all aware, in July of 2013 the building flooded due to a toilet valve leak. We have reasonably good insurance coverage for that leak. We do not appear to have insurance coverage available for the problems referenced below. In any event, as part of the remediation efforts post leak, work was done for restoration purposes. Our insurance company (Landmark American) investigated the claim by retaining Wheeler Defusco & Associates who reported ponding water throughout the building and other water damage, unrelated to the toilet flood. Landmark American then employed the ProNet Group, Inc. (ProNet) who inspected the building to confirm the cause of these unrelated damages.
ProNet found, in August of 2013, significant water damages “...not the direct result of the recent leak.” and “...dark stains...indicative of long-term moisture intrusion that has been occurring for months, if not years.” It also noted that, although our roof was reportedly replaced five years ago (pre-purchase), there was no permit pulled that could be identified on the Pinellas County Property Appraiser website.
In September of 2013, for safety purposes, we had a mold inspection completed by Hydro-Logic Associates, Inc., which inspection found no mold problem; but, found that moisture had accumulated around the building envelope in certain areas “...to a point where they are not structurally sound.”. In December of 2013, we contracted with Ivy Group Consultants, Inc. (Ivy Group), to provide the cost estimates referenced in the first paragraph above. The Ivy Group provides forensic services, primarily in Florida.
In addition to participation by your Executive Committee and Officers, substantial time has been spent, on a volunteer basis, by Chris Ferguson, Bob Decker, and our Foundation President, Eric Ludin. Within the
By Raleigh “Lee” Greene
PRESIDENT’S MESSAGE
Executive Committee and staff, Chip Collins, Melissa Byers, Lucas Fleming, Tim Miller, and Cary Cash have been intimately involved.
Within the findings of the Ivy Group and following an inspection they did after two days of moderate rain, they stated: “...poor drainage...many areas of negative slope on the roof...allows water to build up...”. Inside the building, “Ceiling tiles...stained in various places...remedial sealant work...in the past...”. As to the roof “The surface of this roof...holding a significant amount of water...” and as to the exterior wall system “...condition of wood framing...compromised by moisture...Apparent microbial growth (AMG) was observed...”. Also, “...review of exterior wall revealed several cracks...waterproofing between the soil and the planter...inadequate...may be allowing a significant amount of moisture laden air leakage into the wall cavity... the wall system under these conditions is experiencing premature deterioration...will continue until...corrected.”.
Within their conclusions, “...slope of the roofing system is inadequate...polyethylene barrier installed...causing systemic issues throughout the building... Air leakage... major contributing factor...concrete wall planters...have inadequate water proofing... Joint sealants...lost plasticity...”.
In closing, we have a serious problem that needs, and is being given, immediate attention. We will keep the membership informed and involved to the best of our ability. In the meantime, please feel free to call the Bar office at 727-823-7474 with any questions or input.
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The time has come again to select our new leaders for the St. Petersburg Bar Association. We have another fantastic slate of candidates, and I hope everyone has the opportunity to read about and to get to know our Executive Committee candidates. Everyone has fantastic leadership experience to share with our community and the potential to continue to lead the Bar as examples of professionalism and commitment to our mission. I wish all our candidates the best of luck.
Voting is an important and often over-looked aspect of membership in any organization. Depending on the nature of the organization, board or membership, voting can even be compulsory for members in good standing. Sometimes the first thing to be stripped away when not in good standing with a board or organization is the right to vote, or the right to have a say in the future direction of your organization. Our vote is our voice whether it’s in selecting our future leaders, deciding legislation or rules, or approving of policy decisions. Therefore, voter education should be an important part of exercising our voice.
During the Winter Meeting of The Florida Bar, the National Association of Women Judges (NAWJ) presented a project initiative called “Informed Voters, Fair Judges.” This is an educational project designed to increase voters’ knowledge of the judicial system. The nonpartisan project will not endorse candidates,
and has selected Florida as one of eight pilot states. The campaign will include a vast array of media to get the information out to the public, including radio, film, web and social media sites made available in advance of the states’ 2014 election. The project’s educational goals include:
1) providing educational materials to voters about the role of judges and courts;
2) discussing the importance of state courts to voters’ lives and communities;
3) explaining the judicial selection and election process;
4) inform voters of characteristics important to judges, such as fairness, impartiality, and basing decisions on the evidence and law;
5) explaining how votes decide
election and retention of judges; and
6) apprising voters that they can keep the courts fair by learning about a judge’s qualification and performance record to exercise an informed vote. 1
The web site has a brief informational video, featuring Sandra Day O’Conner and information about how to get involved with this project and its mission, including hosting educational sessions and how to effectively present the information. This is a fantastic project, aimed at a segment of the population who needs the information the most: voters. I have always felt lucky to be able to shape my law practice with the judges we have in the Sixth Circuit, and I hope the tradition of having an exemplary judiciary continues. This project is one way to ensure that all voters understand their role in the process and how important it is to the community to really understand what it is that they are voting for when they go to the polls.
Regina Kardash is a an associate attorney with the firm Trask, Metz & Daigneault, LLP in Clearwater. She practices primarily local government law and family law.
By Regina A. Kardash
EDITOR’S NOTE
“Elections belong to the people. It’s their decision. If they decide to turn their back on the fire and burn their behinds, then they will just have to sit on their blisters.” Abraham Lincoln.
1 www.nawj.org/informedvoterfairjudges.asp, last visited March 7, 2014.
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It is a golden era for the City of St. Petersburg, having recently been named the Number 1 city for art by American Style Magazine and on the New York Times’ world-wide list of “52 Places to Go.” For the city’s new mayor, Rick Kriseman, this is only the beginning.
“I see huge potential for the city,” Kriseman said. “St. Petersburg will continue to grow as a cultural and arts destination.” Additionally, Mayor Kriseman noted the city’s development and recognition in other areas, including marine science and healthcare, pointing to the rapid expansion of USF St. Petersburg and local hospitals and medical centers. The mayor also sees tremendous potential for local green tech companies such as solar panel manufacturers and the thriving St. Petersburg-based LED lighting company, LumaStream.
Mayor Kriseman is virtually a St. Petersburg native, having lived here since the age of nine. He attended Pasadena Elementary, Azalea Middle, and Boca Ciega High School. After graduating from the University of Florida with a B.S. in broadcasting, Kriseman returned to the area for law school at Stetson. He was admitted to The Florida Bar in 1987 and focused exclusively on plaintiff’s accident and injury law for the majority of his legal career. Kriseman had his own successful law practice for several years before joining Saunders & Walker and later Lucas, Green and Magazine.
Kriseman developed an interest in politics in 1986 while he was still in law school, when he was asked to serve as campaign manager for Lars Hafner, who was running for the Florida House of Representatives. Although he did not win the first time, Kriseman helped with Hafner’s successful 1988 campaign.
Kriseman later served on the Tampa Bay Chapter of the Democratic Leadership Council and on the St. Petersburg
Nuisance Abatement Board in 1999. He was appointed to City Council in 2000, elected in 2001, and reelected in 2003.
While on City Council, Kriseman served on the Public Arts Committee and the Arts Advisory Committee. He was also Chair of the Public Safety, Service and Infrastructure Committee as well as Treasurer and Vice-Chair of the Pinellas County Metropolitan Planning Organization. Kriseman was also a member of the Special Committee on Wheeled Recreation, the Council Procedures Committee, the Transportation Impact Fee Task Force, the Livable Communities Task Force, and the Pinellas County Cultural Arts Advisory Task Force. He served as Vice-Chair of the Legislative Affairs and Intergovernmental Relations Committee. In 2005, Kriseman was elected to serve as Chair of the St. Petersburg City Council.
Kriseman’s many accomplishments on City Council include casting the deciding vote on the sale of city-owned property in Hernando County, thereby permanently dedicating it as preservation land, and allowing the city to create an endowment fund from the sale proceeds. Kriseman was instrumental in the city’s Human Rights Ordinance and became the first
elected official to sign the St. Pete Pride Proclamation. Kriseman also established the Police In Neighborhoods program, which offered no-interest loans to police officers who remained on the force of the St. Petersburg Police Department for seven years.
Following his many achievements at the local level, Kriseman set his sights on state government to further his passion for public service. He was elected to the Florida House of Representatives in 2006 with more than 60 percent of the vote. While in office, Kriseman was named the Ranking Democrat on the Committee on Energy and was appointed to both the Environment and Natural Resources Council and the Education Committee on 21st Century Competitiveness.
Kriseman was elected Mayor of St. Petersburg in 2013 and sworn into office on January 2, 2014. The best part of the job thus far, he says, are his staff and local residents, whose commitment and dedication to improving the city are unsurpassed. “The community keeps me energized; there is renewed excitement here. We’re ready for change.”
Kriseman’s wife, Kerry, is a St. Petersburg native who works as an Associate Comptroller for Creative Clay, a local non-profit. They have a daughter, Jordan, and a son, Samuel. Together, the Krisemans serve as a volunteer puppy raiser family for Southeastern Guide Dogs.
Jowita Wysocka is a partner at Kravitz Law Group, P.A., representing personal injury and medical malpractice clients throughout the Tampa Bay area. Jowita is also executive vice president and general counsel at KPT | Kravitz Pro Talent, a professional sports and modeling agency, as well as the founder of Florida Lawyers for the Arts, Inc. She may be reached at [email protected].
Meet the Mayor: Rick Kriseman Takes the Helm
By Jowita Wysocka
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Waters Edge Realtors
Mark CastagnaDiane Boake
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727-346-1907Email: [email protected]
www.CallWatersEdge.com
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By now everyone is familiar with the most common generic top-level domains (gTLD); even though many may not have an idea what they are called. A gTLD is the part of an internet domain name that comes after the last dot, such as .com, .net, and .org. However, the gTLD landscape is rapidly growing, bringing new challenges for trademark owners.
The Internet Corporation for Assigned Names and Numbers (ICANN), which oversees the gTLDs, has begun an expansion that will increase the number of gTLDs from 22 to over 1,300. Examples of new gTLDs include .web, .shop, and .law. The expansion began with ICANN’s January 2014 launch of the first group of new gTLDs. Following this launch, ICANN will release new gTLDs weekly until all of the new gTLDs have been released.
The new domains provide flexibility to businesses and individuals using the internet, but they also raise serious issues for trademark owners. Not only will there be more opportunities for infringement, dilution and other traditional trademark concerns, some of the gTLDs, such as .sex or .xxx, may also create an unwanted connection for some brands. One way to protect a trademark in the wake of these new gTLDs is to register the trademark as a domain under each gTLD. But, this would be prohibitively expensive for most trademark owners. For this reason, several monitoring and policing mechanisms have been developed.
ICANN has developed the Trademark Clearinghouse, which provides an owner of a registered trademark, who can prove the mark is in use, two very
important benefits. First, the owner receives an opportunity to register the domain name identical to the registered trademark in new gTLDs during a period of time before the gTLD becomes available to the general public. The period of time open to owners of registered trademarks also registered with the Trademark Clearinghouse lasts a minimum of 30 days and is called the Sunrise period. Second, the owner will receive notification if a third party registers a second level domain (the part before the last dot in a domain name) that is identical to the Registered Trademark. The notifications are provided by the notification service of the Trademark Clearinghouse, which is called the Trademark Claims Service. Trademark Clearinghouse does not actively block any registrations, so trademark owners or their representatives must take active steps to respond to any communications from Trademark Clearinghouse.
A company called Donuts, which was one of the three largest gTLD applicants, offers a blocking service called the Domain Name Protected Mark List (DPML). The DPML actively blocks third parties from registering second level domains that are identical to a trademark that is registered with the Trademark Clearinghouse and enrolled in the DPML service. There are a few exceptions to DPML service and the service also only applies to gTLDs owned by Donut so the DPML is not a complete blocking solution.
Trademark monitoring services are another way for the owner of a trademark to receive notice of the registration of any domain names that
are confusingly similar to the owner’s trademark. Trademark monitoring services do not provide any benefits beyond providing notice. However, once the trademark owner receives notice of the infringing domain registration, a plurality of options are available to the trademark owner. Beyond traditional cease and desist letters and litigation, the trademark owner may also institute a proceeding under the Uniform Domain Name Resolution Policy (UDRP). If the trademark owner is successful in the UDRP proceeding, the infringing domain will be canceled or transferred to the trademark owner.
A new Uniform Rapid Suspension System (URS) also provides a means for a trademark owner to have an identical or confusingly similar second level domain suspended until the end of the remaining registration period. Post-Delegation Dispute Resolution Procedure (PDDRP) is another dispute resolution procedure that allows trademark owners to file an objection against a registry if its gTLD is alleged to be infringing or to aid in infringement.
While none of the available mechanism provides a complete solution for a trademark owner, proper planning and use of these mechanisms can provide cost-effective protection for the owner’s Trademark in the new expanding environment of internet domain names.
William R. Brees is an Intellectual Property Attorney with Maxey Law Offices, PLLC, a St. Petersburg, Fla.-based practice focused on patent, trademark, copyright and trade secret law.
Attention Trademark Owners: the Internet is Expanding
By William R. Brees
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Effective October 1, 2003, the Florida legislature amended the Florida Workers’ Compensation Act (Act) to specifically provide that “the employer and employee shall be entitled to only one independent medical examination per accident and not one independent medical examination per medical specialty.”1 Prior to this 2003 amendment, the Employer/Carrier (E/C) was responsible for payment of the injured worker’s independent medical examination (IME), and each party could obtain alternate IME’s under four (4) enumerated circumstances, including when the initially selected IME examiner was not qualified to render an opinion regarding an aspect of the employee’s illness or injury which was material to the claim.
It was perceived by many in the workers’ compensation community that the intent and purpose of the 2003 amendment was to limit each party to only one IME per accident, and not one IME per specialty. The amendment further provided that each party was now responsible for their own IME charges. However, the legislature did not remove the previous statutory language found in Section 440.13(b) allowing for an “alternate examiner” if the initial examiner was not qualified to render an opinion regarding an aspect of the employee’s injury. Arguably, these two statutory sections were inconsistent with one another, as on the one hand the legislature specifically stated that each party was now entitled to only one IME per accident and not one IME per specialty, but on the other hand the Act still provided for an “alternate” IME if the examiner was unqualified
to render an opinion regarding another aspect of the work injury.
For many years there was uncertainty as to whether the parties to a worker’s compensation claim could obtain more than one IME per accident, such as with different medical specialists. Also, there have been different rulings rendered throughout the state of various judges of compensation claims regarding this issue. However, it appears that the First District Court of Appeal, which has exclusive jurisdiction over workers’ compensation appeals, has finally addressed this issue.
In Daniel Stahl v. Hialeah Hospital/Sedgwick CMS, opinion filed December 17, 2013,2 the First DCA addressed the issue of multiple or alternate independent medical examinations in workers’ compensation proceedings. In Stahl, the employee was injured on December 8, 2003, and thus the court interpreted the October 1, 2003 amendments to the Act. The E/C had already obtained an IME with a psychiatrist, but sought a second IME with a different type of specialist. The JCC initially granted the E/C’s motion to compel the second IME, but the claimant filed a writ of certiorari and while the First DCA held that there was insufficient proof submitted by the E/C to entitle the E/C to an alternate IME, the First DCA recognized that if one of the statutory grounds did exist for an alternate IME (such as the initial IME physician not being qualified to render an opinion regarding another aspect of the injury), then that party would be entitled to an alternate IME. Based upon the holding in Stahl, it now appears that parties to
a workers’ compensation proceeding could be entitled to an alternate or multiple IMEs, even though they may have already obtained an initial IME, and despite the clear statutory language to the contrary stating that each party is entitled to only one IME per accident and not one IME per specialty.
In light of the Stahl opinion, it is anticipated that workers’ compensation litigants will now seek multiple IMEs in workers’ compensation proceedings, especially when the injured worked sustained multiple injuries as a result of a single work accident, such as injuries to multiple body parts, or both physical and psychiatric injuries. This will result in increased litigation and expense, and perhaps this can be rectified by the legislature simply by removing the statutory language found in section 440.13(b) providing for “alternate” independent medical examinations under various circumstances. It should also be noted that the Act always provided for an alternate IME if the parties voluntarily agreed to same, which certainly should remain in effect.
Mitchell Golden is an AV Preeminent rated shareholder with Banker Lopez Gassler P.A.’s St. Petersburg office. He practices in the area of workers’ compensation litigation, appellate and general insurance defense. Mr. Golden is Board Certified in Workers’ Compensation Law with the Florida Bar.
First DCA Allows for Multiple Independent Medical Examinations Under the Florida Workers’ Compensation Act By Mitchell Golden
1. See § 440.13(5)(a), Fla. Stat. (2013).
2. Stahl v. Hialeah Hospital, 127 So.3d 1283 (1st DCA 2013).
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There has been much news about Flood Insurance and the Biggert/Waters Act in the media. While much of the information is correct some of it has been misleading. We thought is would be helpful to provide some background information to help bring understanding to what is happening.
Flood insurance covers direct physical loss caused by flood. In simple terms, a flood is an excess of water on land that normally is dry. The official definition used by the National Flood Insurance Program (NFIP) is “A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is your property) from: overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source; mudflow; or collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above.
Flooding is the most common natural disaster. You don’t need to live on the water to have a flood. Inland flood called ponding and seasonal storms bring flooding to every region of the country. Statistics show that homes in a special flood zone are more likely to have flood damage than a fire over the life of a 30 year loan. People who live outside of high-risk areas file more than 20% of flood claims and receive 1/3 of disaster assistance for flooding. Congress created the NFIP to help provide a means for property owners to financially protect themselves. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates in the NFIP. Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.
Flood insurance protects two types
of insurable property: building and contents. The first covers your building, the latter covers your possessions; neither covers the land they occupy. uilding coverage includes: The insured building and its foundation, the electrical and plumbing system, central air conditioning equipment, furnaces, and water heaters, refrigerators, cooking stoves, and built-in appliances such as dishwashers and permanently installed carpeting over unfinished flooring. Contents coverage includes: Clothing, furniture, and electronic equipment, curtains, portable and window air conditioners, portable microwaves and dishwashers, carpeting that is not already included in property coverage, and clothing washers and dryers.
The two most common reimbursement methods for flood claims are: Replacement Cost Value (RCV) and Actual Cash Value (ACV). The RCV is the cost to replace damaged property. It is reimbursable to owners of single-family, primary residences insured to within 80% of the building’s replacement cost. All other buildings and personal property (i.e. contents) are valued at ACV. The ACV is the RCV at the time of loss minus physical depreciation. Personal property is always valued using the ACV.
Biggert/Waters Act:
Provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) require the NFIP to raise insurance rates for some older properties in high-risk areas to reflect true flood risk .The affected properties are among those built before the community joined the NFIP and adopted its first Flood Insurance Rate Map (FIRM). Communities began joining the NFIP in the late 1960s with Pinellas County’s FIRM identified on 05/28/1971 and implemented on 01/01/1975. Properties built before that date and not improved since are known as “pre-FIRM.”Many of the pre-FIRM properties in high-risk
areas do not meet current standards for construction and elevation, and they have been receiving subsidized rates that do not reflect their actual risk. The subsidized rates are being eliminated in some cases. Some current policyholders and all future policyholders owning pre-FIRM properties in high-risk areas will pay rates based on their full risk of flood damage.
Policies for newly purchased pre-FIRM buildings are issued at full-risk rates. Policies that were issued at subsidized rates for pre-FIRM buildings purchased on or after 7/6/2012 renew at full-risk rates starting 10/1/2013. Lapsed policies reinstated on or after 10/4/2012 and before 10/1/2013 will renew at full-risk rates.
Subsidized rates continue when policies are in effect before 7/6/2012 until or unless: Property is substantially improved; property of one to four residences incurs severe, repetitive losses or receives insurance payments that exceed the property’s value; property is sold (the new owner pays full-risk rates); or policy is allowed to lapse.
The problem with the ACT is that FEMA has never done an actuarial study to determine what rates should be applied. They admit they don’t know the actual elevation of 97% of the Pre-FIRM homes it insures. The rates FEMA is charging appear to be grossly excessive. We recently quoted a 719 sq. ft cottage built in 1946 in Treasure Island. The Estimated Replacement Cost is $92,000 and the flood premium is $5,882.00 with a $5,000 deductible and no contents.
Bob is the owner and principal of Robert Donald Kunish Insurance, representing several auto insurance and homeowner insurance companies. He has been in the insurance business for 25 years and has a B.A. in Business Management from USF. Bob may be reached at (727) 451-1906 or [email protected].
Flood Insurance 101 and the Biggert/Waters Act
By Bob Kunish
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The St. Petersburg Bar Foundation Presents
Tampa Bay Rays vs.
Boston Red SoxAmerican League Rival and Defending World Champion
Saturday, May 24, 2014 • Ticket Price $125 Gates open 2:10 PM • Game Time: 4:10 PM
Presenting Sponsor
Gold SponsorThe Bank of Tampa
For more information contact event chair, Gregory J. Hoag at [email protected] or 727-896-3641. Visit the event calendar at www.stpetebar.com for information on sponsorships or tickets.
The St. Petersburg Bar Foundation, Inc. is a non-profit, tax exempt charitable organization under Section 501c(3) of the Internal Revenue Code, Federal I.D. #22-3858256
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In Ortiz v. Regalado, 113 So.3d 57 (Fla. 2d DCA 2013), the Second DCA addressed the issue of vicarious liability amongst vehicle co-owners. Mr. Ortiz jointly owned a motor vehicle with his son, Andy Ortiz. While operating the jointly-owned vehicle, Andy struck and killed Lourdes Regalado Falcon (“Ms. Regalado”). A jury found that the negligence of Andy Ortiz and Ms. Regalado herself contributed equally to the accident. The verdict resulted in a final judgment ordering the Ortiz defendants to pay more than half of the approximately $1.4 million in damages awarded to the Regalados.
On appeal, Mr. Ortiz argued that, as a vicariously liable defendant, his damages were limited to $100,000 per person and $300,000 per accident pursuant to Florida Statute § 324.021(9)(b)(3), which states:
(b) Owner/lessor.—Notwithstanding any other provisions of the Florida Statutes or existing case law:
...3. The owner who is a natural person and loans a motor vehicle to any permissive user shall be liable for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and $300,000 per incident for bodily injury and up to $50,000 for property damage.
Mr. Ortiz argued he was entitled to the protections of § 324.021(9)(b)(3) because the term “loan” was ambiguous in the context of co-owners. Mr. Ortiz took the position that co-owners must necessarily grant temporary use of a jointly owned vehicle to the other co-owner and, therefore, a loan was created by default. Based on this interpretation, Mr. Ortiz claimed he was entitled to the statutory cap on
vicarious liability damages.
The Second DCA rejected Mr. Ortiz’s statutory interpretation based on the plain language of the statute, which requires a “loan” from an “owner” to a “permissive user.” In holding that an “owner of an object can only loan that object to another who has no legal right to the object” the Second DCA effectively eliminated a co-owners right to limit vicarious liability damages under § 324.021(9)(b)(3).
But the Court did not stop there. In a footnote, the Second DCA noted that Mr. Ortiz had not raised the issue, and the Court did not decide if Mr. Ortiz could be held vicariously liable for his son’s negligence “in the first instance.” Of course, there was no reason for the Court to make this observation unless it intended to point to the fact that under Florida law, vicarious liability is premised upon the theory that “one who originates the danger by entrusting the automobile to another is in the best position to make certain that there will be adequate resources with which to pay the damages caused by its negligent operation.”1
Thus, in Florida “an owner who gives authority to another to operate the owner’s vehicle by either express or implied consent has a non-delegable obligation to ensure that the vehicle is operated properly.”2 In other words, the cornerstone of vicarious liability is control and the relinquishment thereof. In light of the owner’s right and ability to control who may operate an automobile, Florida law “imposes under the common law dangerous instrumentality doctrine strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts it to another.”3
The Ortiz case implies that co-owners
of a motor vehicle cannot be vicariously liable to one another because neither can relinquish control of the vehicle to the other. This, however, is a decision for another day. Significantly, the Second DCA certified the following question to the Florida Supreme Court:
DOES § 324.021(9)(b)(3) APPLY TO LIMIT THE AMOUNT OF DAMAGES ONE CO-OWNER OF A VEHICLE MUST PAY WHEN THE OTHER CO-OWNER OPERATES THEIR JOINTLY OWNED VEHICLE NEGLIGENTLY AND INCURS DAMAGES PAYABLE TO A THIRD PARTY?
As of the date this article was written, the Supreme Court had not yet accepted review of Ortiz. But its resolution of this certified question would help clarify the matter of one co-owner’s vicarious liability for another owner’s negligence.
Martin Deptula is an attorney with Abbey, Adams, Byelick & Mueller, L.L.P. He has been with the firm since 2012. Mr. Deptula represents individuals and entities in civil litigation in Florida’s state and federal courts. His practice areas include automobile negligence, uninsured motorist claims, premises liability and trucking litigation. Mr. Deptula has co-authored and presented a variety of seminars pertinent to attorneys and insurance professionals. He is available to represent individuals, employers, government entities, insurance companies and others involved in civil litigation.
Recent Developments in Co-Owner Vicarious Liability
By Martin G. Deptula
1 Aurbach v. Gallina, 753 So.2d 60, 62 (Fla. 2000) (citation omitted).
2 Hertz Corp. v. Jackson, 617 So.2d 1051, 1053 (Fla. 1993) (emphasis added).
3 Id.
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2014-2015 Slate of Nominees
Brittany J. MaxeyMaxey Law Offices, PLLC
Secretary
Cary A. CashBrasfield, Freeman, Goldis & Cash, P.A.
President-ElectLaw School: Stetson University College of LawAdmitted to the Florida Bar: 2007Member, St. Pete Bar since: 2007
Current St. Pete Bar Activities:• Executive Committee Member 2012 thru 2014• Membership Chair 2013-2014
Civil and Professional Involvement:• President, Florida Association for Women Lawyers (FAWL)• Immediate Past President, Pinellas County Chapter of
FAWL (PFAWL)• Secretary, Tampa Bay Rebel Ole Miss Alumni Chapter• Public Relations Chair, Barney Masterson Inn of Court• Executive Committee, Women Accountants, Bankers,
Lawyers, and Engineers (ABLE)• Member, Clearwater Bar Association• Member, Mattie Belle Davis Society• Member, St. Petersburg Chamber of Commerce• Instructor at Stetson University College of Law’s Solo
Practice Institute• The Great American Teach In Annual Speaker at Robles
Elementary• The Girl Scouts “Minds for Design” Annual Guest Speaker
Goals for the St. Pete Bar:1. To be a forward thinking bar association focused on our
commitments to the improvement of the legal profession and our community while respecting diversity and being fully inclusive as we embrace technological advancements.
2. To be visionary and concentrate on making a longstanding impact within our community for the betterment of all.
Law School: Stetson University College of LawAdmitted to The Florida Bar: 2005Member of the St. Pete Bar since: 2005
Current St. Petersburg Bar Activities:• Executive Committee Member
Past St. Petersburg Bar Activities:• Executive Committee Member
Civic and Professional Involvement:• Past President of the Pinellas County Trial Lawyers
Association• Executive Director of the Barney Masterson’s Inn of
Court• Master Mason and member of the Masonic Lodge• Member, Leadership St. Petersburg (LSP Alumni 2007)• Historic Kenwood Neighborhood Association• Volunteer, St. Petersburg Shuffleboard Club• Volunteer, Golden Retriever Rescue of Mid-Florida. • Enjoys playing disc golf, kickball, shuffleboard, guitar,
making pottery, and being a husband/dad. • Received the American Cancer Society’s Most
Inspirational Cancer Survivor Award 1999. • Hiked the entire Appalachian Trail from Georgia to Maine
in 2000.
Goals for the St. Petersburg Bar:1. Increase membership.2. Increase sponsorship.3. Increase community involvement.
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Kelli Hanley CrabbWeber, Crabb & Wein, PA
Executive Committee MemberLaw School: University of South DakotaAdmitted to the Florida Bar: 1984Member of the St. Pete Bar since: 1984
Current St. Pete Bar Activities:• Co-chair, Family Law Section
Past St. Pete Bar Activities:• Law Week Committee Run for the Law• Liberty Bell Committee
Civic and Professional Involvement:Canakaris Inn of the Court• Board Member and Chairperson,
Suncoast Caring Communities, Inc.• Board Member and Chairperson,
Suncoast Hospice, Inc. • Board Member, Suncoast PACE• Lector at Holy Family Church (formerly
on parish council)• Volunteer, St. Anthony’s Hospital
Goals for the St. Pete Bar:1. Increase involvement by expanding
CLE options.2. More interaction between sections.3. Increased emphasis on
professionalism.
Bruce H. DensonBruce H. Denson, P.A.
Executive Committee MemberLaw School: University of South DakotaAdmitted to the Florida Bar: 1994Member of the St. Pete Bar since: 1998
Current St. Pete Bar Activities:• Criminal Law Section
Past St. Pete Bar Activities:• Executive Board Member• Written Articles for the Paraclete• Ethics and Professionalism Seminar,
Chair 2013
Civic and Professional Involvement:• Barney Masterson Inn of Court,
Executive Committee• Pinellas Association of Criminal
Defense Lawyers • Florida Association of Criminal
Defense Lawyers• President, Paddle Addict, Inc.• Past President, St. Petersburg
Museum of History
Goals for the St. Pete Bar:1. Implement innovative programs to
foster professionalism, encourage pro bono service, and improve the reputation of attorneys.
2. Increase awareness and contributions of the St. Petersburg Bar throughout the entire community.
3. Facilitate relationships within our organization.
Benjamin F. DiamondWilliamson, Diamond &
Caton, P.A.
Law School: University of FloridaAdmitted to the Florida Bar: 2004 Member of the St Pete Bar since: 2011Current St. Pete Bar Activities: • Member, Probate and Guardianship Section• Member, Young Lawyers Section
Civic and Professional Involvement:• Co-Chair, St. Petersburg Chamber of
Commerce Transportation Task Force.• Board of Directors, Pinellas Suncoast
Transit Authority (St. Petersburg’s citizen representative).
• Board Member, Florida Holocaust Museum • Board Member, Tampa Pinellas Orlando
Jewish Foundation.• Member of the University of South Florida
St. Petersburg Strategic Planning Team.• Member, Suncoast Estate Planning Council.
Goals for the St. Pete Bar:1. Provide more opportunities for law students
and young lawyers to receive mentoring and opportunities to work with experienced practitioners.
2. Increase opportunities for lawyers to serve our community through community service activities and events.
3. Promote professionalism, civility and pro bono service in the Bar through speakers and recognition of good work and good deeds by our lawyers.
Executive Committee Member
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Melissa D. SpanglerFisher and Wilsey, P.A.
Executive Committee MemberLaw School: University of FloridaAdmitted to the Florida Bar: 1989Member of the St. Pete Bar since: 2008
Current St. Pete Bar Activities:• Chair, Probate and Guardianship Section
2013-present• Executive Committee Member 2013-
present.
Past St. Pete Bar Activities: • Co-Chair, Probate and Guardianship
Section 2012-2013
Civic and Professional Involvement:• Member, Suncoast Estate Planning
Council• Member, NAELA and AFELA• Member, Better Living for Seniors• Speaker at various civic and religious
organizations regarding estate planning and long-term care planning
Goals for the St. Pete Bar:1. Increase membership.2. Increase sponsorship and community
involvement.3. Increase involvement of law students
and young lawyers.
Jesse L. SkipperJesse L. Skipper, P.A.
Executive Committee MemberLaw School: University of Florida Admitted to the Florida Bar: 1989Member of the St Pete Bar since: 1989
Past St. Pete Bar Activities:• Chair of Employment Section
Civic and Professional Involvement:• Member, Florida Bar Association• Member, Hillsborough County Bar
Association• Member, St. Petersburg Bar Association• Member, American Bar Association• Member, National Employment Lawyers
Association
Goals for the St. Pete Bar:1. Increase membership and CLE offerings.
Gina M. PellegrinoIurillo Law Group, P.A.
Executive Committee MemberLaw School: University of Buffalo Law SchoolAdmitted to the Florida Bar: 2006Member of the St. Pete Bar since: 2006Current St. Pete Bar Activities:• Co-Chair, Bankruptcy Section• Business Law Section• Solo, Small Firm and Practice
Management Section• Regular contributor to the Paraclete
Past St. Pete Bar Activities:• Young Lawyers Section• Oktoberfest Committee
Civic and Professional Involvement:• Tampa Bay Bankruptcy Bar Association• C.A.R.E. (Credit Abuse Resistance
Education) Committee• District of Columbia Bar Association• New York State Bar Association • Speaker on attorney panel for
Bankruptcy Course at Stetson University College of Law
Goals for the St. Pete Bar:1. Increase seminars to educate
members of the Bar on new and emerging legal trends and recent case law.
2. Increase networking opportunities.3. Increase community service
awareness and involvement.
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Shirin M. VeselyKeane, Reese, Vesely &
Gerdes, P.A.Executive Committee Member
Law School: Stetson University College of Law Admitted to the Florida Bar: 1994 Member of the St Pete Bar since: 1995
Current St. Pete Bar Activities: • Chair, Trial Practice Section
Past St. Pete Bar Activities: • Executive Committee Member 2004-2005,
2005-2006
Civic and Professional Involvement:• Member of the American Bar Association
since 1995 • Member of the Florida Justice Association
since 1995 • Member of the American Association for
Justice since 1995
Goals for the St. Pete Bar:1. Increase civility and professionalism within the
Sixth Judicial Circuit through mentor programs that include new Florida Bar members and potential SPBA members.
2. Increase community awareness of the pro bono efforts and public service of SPBA Members.
Bar and Court News
PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS:
The PACDL monthly meetings are held the third Thursday of each month. Locations vary, but are frequently at the Criminal Justice Center from 12:00 to 1:30 p.m. Lunch is typically provided. For more information on PACDL please contact Garry L. Potts for more information at [email protected] or (727)538-4166. Meetings are open to members and those who come to join. visit: PACDL.com.
ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS
SPALSS is in the process of restructuring. Currrently there are no meeting dates on their calendar at this time. All legal support staff and attorneys are welcome. For more information contact Interim President, Roslyn Anderson at [email protected] or Susan Batchelder at 727-502-8219.
ASSOCIATION OF LEGAL ADMINISTRATORS - SUNCOAST CHAPTER:
The Suncoast Chapter of the ALA meets on the second Wednesday of each month for the meetings held in Tampa and on the second Thursday of the month for the meetings held in St. Petersburg . For more information please contact Meetings/Edu. Co-chairs Eloise Stinson, [email protected] or Valerie Tolisano, [email protected] or visit the ALA website at http://alasuncoast.org/ for more information. The next meetings are:
Date: Thursday, April 10, 2014 Time: 11:45 a.m. – 1:00 p.m.Program: To Be AnnouncedLocation: Bascom’s Chop House 3665 Ulmerton Rd Clearwater, FL 33762
PINELLAS COUNTY CHAPTER OF THE FLORIDA ASSOCIATION FOR WOMEN LAWYERS:
PFAWL meets on the 1st each month. There is no RSVP requirement. For more information on events contact Marcelana Anthony at [email protected]. For membership inquires contact Joann Grages at [email protected].
Date: Tuesday, April 1, 2014 Time: 6:00 p.m.Program: Monthly Social - No RSVP requiredLocation: Carmel Café & Wine Bar 2548 McMullen Booth Rd. Clearwater, FL 33761
PINELLAS county chapter of the paralegal association of florida:
Monthly meetings for the Pinellas County Chapter of PAF, Inc. are on the second Tuesday of each month. Paralegals, student paralegals, non-members and attorneys are always welcome. For further information or to make reservations, please contact Crystal Siegel: [email protected] or Glenda Sasser. For more information on the local chapter contact Glenda Sasser at [email protected] or visit the Paralegal Association of Florida website at www.pafinc.org. The next meeting is:
Date: Tuesday, April 8, 2014 Time: 6:00 p.m.Speaker: Caroline Johnson Levine, Esq.Program: An Ethical ResponseLocation: To Be Announced
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St. Petersburg Bar Foundation
The mission of the St. Petersburg Bar Foundation is to fund, develop and promote efforts which enhance the legal profession and encourage better public understanding and access to the judicial system.
By Eric E. Ludin, Foundation President
Assuming you read your Paraclete in order from beginning to end you have already read our Bar President Lee Greene’s article describing the state of our bar building and the challenges ahead. Like me you are undoubtedly somewhat saddened by the conditions he described. But, I do not want you to leave this issue thinking things are depressingly hopeless. Instead, we need to put all in prospective and take stock of what is good.
We belong to a bar where there are no secrets. I am so proud that Lee took the time to clearly outline for our membership the full scope of the issues that we must solve. When Lee Greene became President of the bar and I became President of the Foundation, we each had our own goals for this year. Neither one of us had an inkling of the type of issue on which we would be focusing our attention. No one knew at that time that a 50 cent toilet part would fail and expose a much more serious problem with our building. But, I also did not appreciate
how the bar leaders and its members would join together devoting so many hours to exploring and developing strategies to deal with it.
Our building may be compromised, but do not forget that we have a building. It is an appreciating asset and is adjacent to undeveloped lots on Central Avenue that we own. We have equity in real estate in a developing section of our city. So, yes, we have issues to contend with, but remember that we are fortunate to be in a position to have these challenges.
We would not have anything had it not been for the generous donations of nearly 100 attorneys, law firms and supporters who gave us what we needed for the building purchase. I would love to honor them all by listing their names here, but there are too many. I will say special thanks to The Centers, the attorneys of Battaglia Ross, David Abbey, Lucas Fleming, Tom Masterson, Sabal Trust, Trenam Kemker, Bill Walker, Jim Thaler and
the Bar Foundation. Each gave at least $5,000 or more (some much more) to making our building possible.
When I look over the list of donors and reflect on those attorneys who are working together now to help guide the bar through our current building woes, I am reminded about how honored I am to be a member of the St. Petersburg Bar Association and President of the Foundation. I never leave a bar meeting or event without experiencing a sense of pride for associating with such a wonderful organization. We have great members. We have outstanding professional leadership and staff as well as lay leadership. We have exceptional programs. Because of us, our profession and community is a better place.
Yes, we have hit a bump in the road. Yes, I expect we will be asking again for your financial support and time to help overcome it. But, I have complete confidence that we will. THAT is the good news.
And Now, the Good News
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Pinellas County Chapter of the Florida Association for Women Lawyers
The Pinellas County Chapter of the Florida Association of Women Lawyers (PFAWL) would like to congratulate member Jewel White on her recent appointment as County Attorney for the Pinellas County Attorney’s Office. She has worked with the Pinellas County Attorney’s Office for 17 years, most recently as the Managing Assistant County Attorney, managing the Constitutional Officer and Internal Services sections of the office, and providing direct representation to the Pinellas County supervisor of Elections, as well as various County departments and boards. PFAWL would also like to congratulate member Regina Kardash on her new position with Trask, Metz & Daigneault, LLP, in Clearwater. We wish you ladies the best of luck in your
new roles.
PFAWL would like to thank every one who attended our Valentines for Veteran’s event at the Melting Pot in St. Petersburg, especially our speaker, Army Captain Elizabeth “Niki” Strickland, who is a 3L at Stetson and shared her experiences and career path and plans with attendees. We were also able to collect a plethora of items to donate to SPB Support our Troops, Inc., a non-profit located in St. Pete Beach dedicated to sending care packages to our soldiers overseas.
PFAWL would also like to thank member Caroline Levine for teaching our last CLE, “Ethical Response,” at our March social. We enjoyed her presentation, and truly appreciate her
sharing her knowledge and views on professionalism with us!
Our next event is Tuesday, April 1, 2014, 6:00 PM at Carmel Café & Wine Bar, 2548 McMullen Booth Road, Clearwater, FL 33761. No RSVP is necessary. This event is open to lawyers and law students only.
Please send your member news and announcements to us at [email protected]. Membership in our organization is open to every attorney that supports the organization’s mission, and we encourage both men and women to participate in and attend our socials and events. For membership inquiries, contact Joann Grages at [email protected].
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I begrudgingly admit that I have participated in inane conversations that involve fretting over how on Earth we ever got by before there were cell phones. As obnoxious a “First World” problem as that is, I got to test it recently when my husband, son and I were separated at a Lightning game at the Tampa Bay Times Forum. While I had my cell phone with me, my husband, Paul, not surprisingly, did not. I also apparently have the only teenager on the planet who is not glued to his phone, because Andrew left his at home, too. When we got separated, all the practical teachings from when we were Scouts like “go back to where you started” and “stay put until help arrives” flew out the window because of our dependency on cellular devices. Here’s what happened.
I leave our third level seats after first period to go powder my nose and buy some 50/50 raffle tickets. I make my way down to the first level just to stretch my legs a bit, and I stumble upon a great place to watch the game from center ice. I have to stand up, but still, center ice! No precarious climb up several sets of narrow concrete stairs, fighting vertigo the whole way. No shuffling past annoyed fans to reach my middle of the row seat. I find myself enjoying this new vantage point which allows me to not only see the game, but to chat easily with fellow fans, and to gain faster access to food, drink and other creature comforts. I tell myself “I’ll go back up in a minute and join the boys,” but one minute rolls into another and the next thing I know, it is almost the end of the third period. Once the fans of the opposing team know the game is lost, they start pouring out of the forum. So I think, in a perfectly reasonable way, why go all the way back to the third level against the exiting crowd, like a
salmon swimming upstream? I’ll just go out and wait by the entrance we used earlier and meet up with Paul and Andrew there. Since they don’t have their phones, I can’t call or text them to tell them this, but certainly they’ll think like me and we’ll be reunited in a snap. What could go wrong?
I walk outside and, finding that the evening had turned chilly, don the new knit hat I had purchased in the gift shop. Did I forget to mention that earlier? Yet another perk of being free to roam the first floor - shopping for fan gear. I pick a spot outside that allows me to watch both the exit stairs and a large bank of doors; no way will I miss seeing them leave. I button my coat against the strengthening breeze and wait. At first it is fun, doing some people watching and enjoying the celebratory atmosphere of a home win. But as the wind picks up and there is still no sign of Paul and Andrew, my good humor starts to turn. Where could they be? I knew they’d be toward the last of the crowd coming out since they were up in the nosebleed section, but once folks start emerging with walkers and wheelchairs, I start to get a little nervous. I hope that they will either think to come out the same way we came in, or maybe, just maybe, think to borrow someone’s phone to call me. My phone battery is almost on empty at this point, so if they don’t call soon, that window of opportunity will slam shut. My stomach clenches when it occurs to me that they might have gone on to the car. Should I stay put, or venture into the dark alone toward the parking lot?
My anxiety lessens when I am distracted by a trio of inebriated fans who are practically tumbling out of the exit. Two of them are exhibiting what I will characterize as an inappropriate public display of affection, while the
third wheel of the group clears a path for them. I notice that one of the lovebirds drops either a really small clutch, or a really large wallet. Either way, I figure it is probably something she’ll miss tomorrow. I call out to them to point out their loss, and the leader jogs over to retrieve it. She then comes perilously close to popping my personal space bubble with an overzealous and sloppy “I love you man” style appreciation. She then starts quizzing me about why I am standing outside the forum by myself. I have never been one to make up things on the spot, so I injudiciously blurt out the truth; that I am separated from my family and am trying to find them. She then insists that she and her two groping pals stay with me until I am safely reunited with Paul and Andrew. As is often the case with someone who has had too much to drink, she will not be dissuaded. I now find myself not only nervously scanning the crowd for my family, but also trying to make awkward conversation with someone who is three sheets to the wind, as my dad would have said.
Meanwhile, back inside the forum, Paul and Andrew, who live by the expression “I’m not too worried about it,” are getting worried. When I haven’t returned to my seat by the game’s end, they inexplicably go to the party deck thinking they’d find me there (Really? And we’ve been married how long?). Finally, they approach a police officer and ask to borrow his phone. From “I never worry” to let’s escalate this to law enforcement right away. The officer hands Paul his iPhone and Paul says, “Um, actually, can you dial the number for me; I don’t know how to use that.” At which point the officer tosses it to Andrew and says, “Here, help your dad out.” My biggest regret of the evening is that I missed seeing that.
By Gay L. Inskeep
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Back outside, my new impaired BFF is about to tell me something riveting, when my phone, now in power saver mode, rings. I answer and hear “Mom? Where are you?” It’s Andrew and I detect more than a little note of panic in his voice. I shout over the music blasting from the outdoor stage and tell him I am fine. We make arrangements to meet outside by the yellow lightning bolt sculpture. They arrive a few moments later, with Paul looking incredulously at me and my inebriated pals. He is having trouble processing the whole scene, but then
again, this is the man who went to look for me on the party deck. His face is a bit ashen so I decide not to be flippant. As my friends stagger off, I weakly explain being mesmerized by my first floor center ice vantage point and I apologize for worrying them. We make it to the car and then home with no further incidents, other than me sheepishly trying to explain my super cute new hat.
My takeaway from this experience is that we probably should have a plan for the future in case we are separated like that again in a large crowd. While
the cell phone call did ultimately save the day, or night in our case, it is a little pathetic that we forgot how to function in an emergency without it. My other takeaway is that, should something happen to me, I might actually be missed. It was an interesting way to discover that, but it sure is nice to know.
Postscript: After reading this whole missive, all my cousin wanted to know was whether I won the 50/50, so for those like-minded readers, no, I did not.
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By Chris Pietruszkiewicz, Dean, Stetson Law
As Dean and Professor of Law at Stetson University College of Law, I am extremely proud of our University’s commitment to our nation’s military men and women through our Veterans Law Institute, Veterans Advocacy Clinic and our Yellow Ribbon Scholarship Program. The mission of the Institute is to increase legal services available to the growing population of military members, veterans and their families in the Tampa Bay area and beyond by bringing together volunteer attorneys, volunteers from other fields, Stetson faculty, Stetson students and other community organizations.
We were are able to do just that on February 4 as Stetson’s Center for Excellence in Elder Law and Veterans Law Institute partnered with the Community Law Program and the St. Petersburg Bar Foundation to sponsor an event for low income veterans and their spouses, aged 60 or older, to provide free attorney consultations on simple wills, health care surrogates and living wills. This is the third time we have offered this type of program for our veterans. However, the success of this program would not have been possible without the help of our community partners.
Attorneys from the Community Law Program and the St. Petersburg Bar Foundation, assisted by 35 Stetson Law students, helped veterans complete their planning documents.
One of our alumni, Gentry Barnett Byrnes B.A. ’90, J.D. ’93, helped spearhead this initiative. “The program allowed students to work with volunteer
attorneys and actually see the client interview and execution of documents,” said Byrnes who is Chief Fiduciary Officer at Raymond James Trust, N.A. and a founding member of the St. Petersburg Bar Foundation. “I want to personally thank the attorneys that volunteered their time,” Byrnes added. “We hope to have this event every year in February.”
Stetson’s Veterans Law Institute, launched in May 2012, assists area veterans through its Veterans Advocacy Clinic. The clinic provides free legal assistance to Tampa Bay area veterans appealing decisions denying Veterans Administration disability benefits.
The Veterans Law Institute Pro Bono
Initiative also helps eligible military members, veterans, and immediate family members find free legal assistance for civil legal problems in the Tampa Bay area.
Stetson’s Center for Excellence in Elder Law was established to meet the increasing need for legal education and research in the field of law and aging. The Eleazer Courtroom, dedicated on Stetson’s Gulfport campus in 2005, is the first courtroom in the nation designed to be entirely elder-friendly.
If you are interested in volunteering for our next program for veterans, I encourage you to contact our Center for Excellence in Elder Law by emailing Darlene Krizen at [email protected]
Stetson, Community Law Program, St. Petersburg Bar Foundation Provide Wills for Area Veterans
From left to right: Attorney Ginnie Van Kesteren, students Taylor McKinnon and Ina Crawford, Dean Pietruszkiewicz
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By Kimberly Rogers
is a non-profit corporation formed in 1989 by members of the St. Petersburg Bar Association concerned about the civil legal needs of low income residents of Southern Pinellas County, Florida. Over the years, CLP has recruited a panel of approximately 400 St. Petersburg area attorneys who provide free assistance to thousands of people in need of civil legal assistance each year. To volunteer for pro bono servive, contact Community Law Program at 727-582-7480.
In my view, a champion is someone who not only overcomes incredible personal struggles, but who also fights for and helps overcome the struggles of others. No one epitomizes this definition more than William L. Penrose, who passed away on Jan. 11th at the age of 73. Bill certainly was not a stranger to our local legal community. Educated in St. Petersburg and a graduate of Stetson University College of Law (’64), Bill practiced family law for over four decades. Over two decades of this time was spent as a sole practitioner.
Bill’s passing was such a tremendous loss to Community Law Program, because he was truly one of our oldest (in terms of length of service) and most committed volunteers. I knew Bill even before I became CLP’s director. I had the privilege of meeting him when I first got involved with Community Law as a volunteer attorney nearly 15 years ago. Even back then, he reached out to me, encouraged me to continue doing pro bono, and was an incredible mentor and friend. His office wasn’t far from mine and from CLP, and I always knew I could stop by and find out just how wrong things had gone for me in court.
Pro bono legal service for Bill was not a conscious choice; it was simply a way of life. For years, Bill was a regular at our Courthouse Legal Assistance Clinic, which is by far our
busiest clinic. Even when he was in failing health these past few years, his volunteer commitment never weaned. Not only was Bill one of our top clinic volunteers (in terms of hours donated) each year, but he also eagerly and readily took on family
law cases pro bono. I am certain we at CLP will never know just how many disadvantaged citizens were fortunate enough to receive free legal assistance from Bill, because he was known for simply taking on the cases of clients who came to see him in his practice whom he knew could not afford an attorney. When I think back on the clients Bill helped from CLP, they truly were some of our most defenseless individuals
--- the homeless and penniless, the disabled, people for whom English was not their primary language. Without Bill’s intervention into the lives of these citizens, I shudder to think of their fate.
No words can adequately convey how much of a difference Bill made in our lives at CLP. But as many who do pro bono will say, I am confident Bill’s involvement with pro bono and with our organization meant at least as much to him as it did to us. This is evident by virtue of the fact that his family and children chose to honor him by asking that donations in lieu of flowers for him be made to CLP. We are so incredibly touched and thankful to his family for this selfless act, and we express our sincere thanks and appreciation to those of you in our legal community who have made donations in Bill’s honor.
I am truly thankful that CLP was able to give Bill some of the “flowers” he so richly deserves while he was alive through the pro bono awards we gave him
and/or for which we nominated him to receive. Chief among these was The Florida Bar President’s Pro Bono Service Award for the Sixth Judicial Circuit in 2007. This recognition, however, in my view is not nearly commensurate with the legacy this champion of justice has given to us. It is my hope that our board will help us find just the right way for us to honor him in the near future. Stay tuned!
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Spring time is here – the sky is blue, the weather is pleasant, the days are longer, and, for those of us in the Bar, it is time to consider who will lead us in the coming year. The Nominating Committee has put forth an excellent slate of officers, and I hope you will take an opportunity to learn more about each of these worthy individuals and to cast your vote to help shape our Bar leadership and the future direction we will take as an organization.
How can you get more involved with the Bar and, more specifically, the Young Lawyers Section? I’m glad you asked. In all seriousness, I really am thrilled that several of you have asked me this exact question over the past month. The Young Lawyers Section does an incredible amount of event planning each year, and there are always opportunities for leadership for anyone who wants an opportunity to become more active in our Section. The YLS, and the Bar as a whole, is also hoping to continue increasing our participation in community service activities, and there will be a continual need for volunteers to help us in these efforts. In order to better utilize those of you who want to help, the Young Lawyers Section, in collaboration with the Bar Office, is now keeping
a list of interested volunteers and their contact information. That way, as soon as we have a need for help, we will know those of you who want to be more involved. If you would like to be added to the list, please email me at [email protected]. If you have any special areas of interest or expertise, please let me know that as well.
Is it “worth it” to be an active leader and participant in your local Bar? Someone asked me recently what motivates me to volunteer so much time to this organization outside of the long hours each of us already spends in our professional careers. Personally, for me, it is the people with whom I have had an opportunity to work and from whom I have learned during my involvement. In medieval times there were guilds for many groups with particular skills and education – blacksmiths, tailors, carpenters. Older members mentored and taught younger members, younger members infused the group with new vitality and ideas, and the organization developed a sense of camaraderie based on shared skills and a shared passion for their craft. This is how I believe a healthy Bar functions. We each have a role to play as we
celebrate our good fortune to be the latest members of a long and noble tradition of legal practitioners. Has it helped me to network? Absolutely. Has my involvement in the Bar been beneficial to me as I have maneuvered through my first jobs and my first experiences with different practice areas? In my case, the answer is a definite “yes.” But, in the end, each of those opportunities and benefits has resulted from my initial answer – the people in our Bar.
If you are a Stetson student or a lawyer starting out (either in practice or just in the St. Petersburg area), please come out to join the Young Lawyers for one of our monthly socials. It is a great way to get your foot in the water – we are a welcoming (and fun!) group and we’d be thrilled to see you! (You do not have to be a “young” lawyer to join us!) If you like what you see and want to get even more involved, I know there is a place for you. Our next monthly social will be Wednesday, April 16th, from 6 p.m. to 8 p.m. We will be back at one of our favorite locations – Red Mesa Cantina – and, of course, we will have FREE food! I look forward to seeing you there!
Best of luck to all of this year’s Bar candidates!
By Erica K. Smith
June 2014 Issue...........Copy must be receieved by noon, April 15th, 2014
July/August 2014 Issue...........Copy must be receieved by noon, May 15th, 2014
September 2014 Issue...........Copy must be receieved by noon, June 15th, 2014
– Copy and ads received after the deadline will run in the next issue –
P a r a c l e t e A r t i c l e & A d S u b m i s s i o n D e a d l i n e s
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The Alpha Institute Judicial Forum was held on February 8, 2014, Saturday, at the Clearwater Aquatic Center. The Youth Development Initiative, Inc. (YDI) is a mentoring program which focuses on at risk youth in middle and high school. The primary mission of YDI is to provide a sound structural program to mentor adolescent youth, enhance self-esteem, leadership skills, cultural awareness and provide scholarships to those attending college and universities.
The objective of the Judicial Forum is to inspire and motivate the participants with judges as role models and empower them to live productive and successful lives within the family, school and community environment. The Judicial Forum is a public program that is open to the entire community.
The forum is a collaboration of the Youth Development Initiative, Inc., Alpha Institute, Inc., Pinellas County Juvenile Welfare Board, St. Petersburg
College, Omicron Beta Lambda Chapter of Alpha Phi Alpha Fraternity, Inc., Alpha Kappa Alpha Sorority, and judges from various circuits. The judges presenting this year included 6th Judicial Circuit County Judge Myra McNary, Circuit Judge Charles Williams, 12th Judicial Circuit; and Judge James V. Pierce, County Judge, 6th Judicial Circuit.
The Alpha Institute Jucidial Forum
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What’s Up and Who’s NewApril 2014
NEW AND REINSTATED MEMBERS
BROWN, ALVIN KENNETH200 2nd Ave. S., #460St. Petersburg, FL 33701Phone: 727-823-1840Fax: 727-499-7555E-mail: [email protected] degree from the University of South Florida; J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1998. Mr. Brown is a sole practitioner.
EGAN, JACQUELINE13035 W. Linebaugh Ave. #101STE 201Tampa, FL 33626Phone: 813-774-5737Fax: 813-344-0950E-mail: [email protected]. from Old Dominion University; J.D. from Tulane Law School. Admitted to The Florida Bar in 2001. Ms. Egan is a sole practitioner.
GURALNICK, MARK S.31 Treebark TerraceVoorhees, New Jersey 08043Phone; 727-379-2000Fax: 800-613-2585E-mail: [email protected]./Ph.D from Temple University; M.B.A from Columbia University; J.D. from Nova Southeastern. Admitted to The Florida Bar in 2004. Mr. Guralnick is a sole practitioner.
IZQUIERDO, EDWARD524 9th St. WestBradenton, FL 34205Phone: 941-748-1358 Fax: 941-748-1863E-mail: [email protected]. from the University of Florida; J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2013. Mr. Izquierdo is an associate with Q Auto and Injury Attorneys.
LETTELLEIR, AMY ELIZABETH204 37th Ave. N. #179St. Petersburg, FL 33704
Phone: 727-954-5226E-mail:[email protected]. and J.D. from the University of Florida. Admitted to The Florida Bar in 1995. Ms. Lettelleir is a sole practitioner.
MALTEZOS, STEPHEN CHARLES920 16th St. N.St. Petersburg, FL 33705Phone: 727-259-3549Fax: 727-498-5752E-mail: [email protected]. from Louisiana State University; J.D. from Barry University. Admitted to The Florida Bar in 2008. Mr. Maltezos is a sole practitioner.
O’LEARY, MAURA EILEENP.O. Box 5028Clearwater, FL 33758-5028Phone: 727-464-6924Fax: 727-453-7597E-mail: [email protected] degree from Maria University; J.D. from Ava Maria School of Law. Admitted to The Florida Bar in 2013. Ms. O’Leary is an Assistant State Attorney.
QUACKENBUSH, JOSEPH J.4420 Botanical Place Cir. # 405Naples, FL 34112Phone: 727-743-9394Fax: 239-213-0698E-mail:[email protected]. from the University of Florida; J.D. from the University of Miami School of Law. Admitted to The Florida Bar in 2007. Mr. Quackenbush is an associate with Advocate Consulting Legal Group, PLLC
REIDER, DAVID L. 12425 28th St. N., STE 200St. Petersburg, FL 33716Phone: 727-536-4911Fax: 727-539-1094E-mail: [email protected]. from the University of South Florida; J.D. from New York Law School. Admitted to The Florida Bar in 2012. Mr. Reider is an associate with Douglas C. Zahm, P.A.
ROBINSON, AMBER C.101 East Kennedy Blvd., STE 1100Tampa, FL 33602Phone: 813-289-0700Fax: 813-289-9435E-mail: [email protected]. from Eckerd College; J.D. from Georgetown University Law Center. Admitted to The Florida Bar in 2013. Ms. Robinson is an associate with Dogali Law Group, P.A.
STUDENT MEMBERS
CASTELLANO, NICHOLAS JOSEPH, IIPhone: 813-951-4491E-mail: [email protected]. from Florida State University. Currently attending Stetson University College of Law.
DOHENY, ELIZABETH DANIELLEPhone: 908-672-2332E-mail: [email protected]. from the University of Central Florida. Currently attending Stetson University College of Law.
FERRIS, KIMBERLY EVANNEPhone: 727-433-0693E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.
HARRIS, JOSHUAPhone: 863-401-5986E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.
HOOVER, TODD ALANPhone: 727-789-6535E-mail: [email protected] degree from the University of South Florida. Currently attending Stetson University College of Law.
JENKINS, JAZZMINEPhone: 407-739-5783
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E-mail: [email protected]. from Florida State University. Currently attending Stetson University College of Law.
JORDAN, DR. GREGORY E.Phone: 813-974-4947E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.
KELLER, KATHRYN ANNEPhone: 727-871-4047Fax: 727-546-8440E-mail: [email protected]. from the University of South Florida. Currently attending Stetson University College of Law.
KLAUSNER, ANNA RAEPhone: 954-830-2235E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.
MACOMBER, KAITLYNPhone: 727-459-2968E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.
PEREZ, JENNIFERPhone: 727-244-4469E-mail: [email protected]. from the University of South Florida. Currently attending Stetson University College of Law.
WILLIS, CLARAPhone: 772-607-2472E-mail: [email protected] degree from Florida State University. Currently attending Stetson University College of law.
WOLFMEYER, NICHOLASPhone: 718-541-3162E-mail: [email protected] degree from the University of Wisconsin-Madison. Currently attending Stetson University College of Law.
AFFILIATE MEMBERS
BEHRENDT, JENNIFER7360 Bryan Dairy Rd., Ste. 200Largo, FL 33777Phone: 714-689-7682Fax: 714-481-4608E-mail: [email protected] degree from Bowling Green State University; J.D. from the University of Toledo College of Law. Ms. Behrendt is Director of Workers’ Compensation with First American Title Insurance Co.
COLONE, JOE100 South Ashley Dr., Suite 1650Tampa, FL 33602Phone: 813-386-6339E-mail: [email protected] from the University of Florida. Mr. Colone is an associate with Warren Averett, LLC.
ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One Block from courthouse/county building. Virtual offices from $250/month. “NEW” Art Deco construction. Receptionist in stunning atrium waiting area. Beautifully appointed conference rooms. Fax/copiers, state of the art telephone system, gorgeous kitchen/lounge, much more! Ali Curtis 727-898-7210.
ST. PETERSBURG – NW TYRONE AREA: Space available to lease in furnished offices shared with Battaglia, Ross, Dicus & McQuaid, P.A. in the Wells Fargo Bank building. Areas for legal assistants well-situated to all offices. Location convenient to St. Petersburg, Clearwater Courthouses and Criminal Justice Center. Receptionist, multiple conference rooms, ample free parking plus other services available. For more details call Barbara Penrose, 727-381-2300.
Classifieds
Office Space:
Classified Advertising is available to St. Pete Bar Members for $25 per month, up to 50 words. The cost for Non-Members is $50 per month. For ads over 50 words - add $1 per word. Contact JoAnn Knight, Paraclete Advertising at [email protected] for more information.
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April 2014 Calendar of EventsRegister for all events on our calendar at www.stpetebar.com or contact the St. Pete Bar Office 727-823-7474.
See our online calendar for registration, cost and other information. All events are in St. Petersburg unless indicated.
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Appellate Practice Section3 hr. CLE: Practice in the Second District A Seminar for Trial and Appellate Lawyers2:00 PM – 5:00 PMSt. Pete College Downtown Community Rm. 244 2nd Ave. N.
JUDICIAL RECEPTIONpresented by the Young Lawyers Section5:30 PM – 7:30 PMThe Palladium253 5th Ave. N.
St. Pete Bar April Membership MeetingFeaturing Mayor Rick Kriseman,the Judicial Appreciation & Professionalism Awards, and the Joyce Nelle Memorial Scholarship11:30 AM – 1:15 PM – lunch includedMirror Lake Lyceum737 3rd Ave. N.
Alternative Dispute Resolution (ADR) Section3 hr. CLE/CME: Tips for Mediators and Advocates1:30 PM – 4:30 PMMirror Lake Lyceum737 3rd Ave. N.
Marital & Family Law Section MeetingTopic: To be announced.8:00 AM – 9:00St. Pete Judicial Building545 1st Ave. N., 1st Floor Conference Rm. #109
Probate & Guardianship Section1 hr. CLE: Litigation Issues and Survivorship Rights in Joint Accounts12:00 PM - 1:00 PM – lunch includedSt. Pete Yacht Club11 Central Ave., Waterfront Room
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Bankruptcy Law Section4.0 hr. CLE: Bankruptcy Judicial Panel on Recent Issues and Practice Pointers12:00 PM – 4:00 PM – lunch includedSt. Pete College EpiCenter13805 58th St. N., Clearwater
Young Lawyers Section SOCIAL ALL St. Pete Bar Members invited!6:00 PM – 8:00 PMRed Mesa Cantina128 3rd St. S.
Real Property Section1 hr. CLE: Florida Construction Lien Law and UnderwritingTitle Insurance Transactions12:00 PM – 1:00 PM – lunch includedSt. Pete Yacht Club11 Central Ave., Regatta Room
Young Lawyers Section Swearing In Ceremony & ReceptionALL St. Pete Bar Members invited!11 Central Ave., Regatta Room3:00 PM – 5:00 PMPinellas County Criminal Justice Center14250 49th St. N., Courtroom 1, 4th FLOORClearwater
St. Pete Bar LAW DAY LuncheonPresenting the Annual Liberty Bell Award, the Judge Paul H. Roney Scholarship, the Young Lawyers Scholarship, and the Cheryl Smith-Khan Poster Contest Awards11:30 AM – 1:15 PM – lunch includedMirror Lake Lyceum737 3rd Ave. N.
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