Florida Bar News articles from July 2005

Florida Bar News archives from July 2005

Board revisits Web site advertising regulations: the question is whether firm sites should be treated as advertising or information requested by potential clients: support 'challenge for children' on the annual bar fee statement.
July 1, 2005... The Bar Board of Governors has reconsidered a proposed advertising rule amendment on attorney Web sites and decided to make no change for the present while a new committee studies the issue. The board acted at its June 3 meeting in Palm...

Should paralegals be regulated? Lawmakers ask the Bar to study the issue.
July 1, 2005... The Bar Board of Governors has approved the creation of a new special committee to study whether paralegals in Florida should be regulated. The new panel was recommended by the Program Evaluation Committee approved by the board at its June...

FSU program gives minority students an opportunity to test-drive law school: the goal is to steer undergraduates toward the law.
July 1, 2005... "How many of you want to be a lawyer to be wealthy?" Tallahassee civil rights lawyer Tommy Warren asks 88 students attending the Summer for Undergraduates Program at Florida State University College of Law. Six hands shoot up. "How...

Hillsborough Bar collects clothing for Iraqi children.
July 1, 2005... When a Wesley Chapel attorney serving in Iraq with the U.S. Army Reserve contacted the Hillsborough County Bar in February to request assistance in providing clothing for the children of poor villagers, it didn't take long for the bar members...

Kids deserve justice.
July 1, 2005... THE NEW KIDS DESERVE JUSTICE specialty license plate is a creative and practical way to support legal services for Florida's children. "Funding and volunteers for legal services for children have never been adequate to meet the need," said...

Board asks court not to adopt petition to limit contingency fees in med mal actions.
July 1, 2005... It's too soon for the Florida Supreme Court to consider a proposed new Bar rule based on a constitutional amendment approved by voters last fall to limit attorney contingency fees in medical malpractice cases. And if the court does take up...

Journal directory.(Letters)(Letter to the Editor)
July 1, 2005... I note that the Bar's Board of Governors has (gratefully) agreed to reinstate the courts section into the 2005 (and perhaps later) printed edition(s) of the Journal's September directory issue. I note, however, that Communications Committee...

Wrongly incarcerated.(Letters)(Letter to the Editor)
July 1, 2005... I for one have heard more than I want to about Wilton Dedge and his newfound friend, Sandy D'Alemberte. Dedge was wrongly convicted, incarcerated, and deprived of his liberty for 22 years. What happened to him was unfair. But as my wise...

Economic loss rule principles.(Letters)(Letter to the Editor)
July 1, 2005... The Florida Supreme Court's recent discussion of the "economic loss rule" in Indemnity Insurance Company of North America v. American Aviation, Inc., is, I respectfully submit, the regrettable perpetuation of a tortured and mangled...

Foundation applicants needed.(Notice)
July 1, 2005... The Board of Governors is seeking applicants for the following vacancy to be filled during its August 26 meeting: Florida Bar Foundation Board of Directors: Commencing immediately, one lawyer to serve remainder of a three-year term, ending...

Fourth DCA now requires e-filings.(Notice)
July 1, 2005... According to an administrative order issued by Fourth District Court of Appeal Chief Judge Gary M. Farmer, effective July 1, in addition to the paper original of the document, all lawyers shall also transmit to the court an electronic copy of...

14th JNC to fill a Bay County judgeship.(Notice)
July 1, 2005... The 14th Circuit Judicial Nominating Commission is now accepting application to fill a newly created Bay County judgeship. Applicants must be registered voters, members in good standing of The Florida Bar for the preceding five years, and...

In memoriam.
July 1, 2005... Horace Schow II, Tallahassee Admitted 1978; Died March 29, 2005 Henry M. Searcy, St. Augustine Admitted 1950; Died March 21, 2005 Sidney Benard Shapiro, Miami Admitted 1971; Died February 9, 2005 Gary Ray Short, Gallipolis, OH Admitted 1977;...

11th JNC to fill two judgeships.(Notice)
July 1, 2005... The 11th Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the circuit bench created by Judge Michael B. Chavies' resignation and a vacancy on the Dade County bench created by Judge Mark King Leban's...

17th JNC to fill two judgeships.(Notice)
July 1, 2005... The 17th Circuit Judicial Nominating Commission is now accepting application to fill one county court judicial vacancy and one circuit court judicial vacancy. Applicants must have been members of the Bar for at least five years, registered...

Comp claims JNC taking applications.(Notice)
July 1, 2005... The Statewide Nominating Commission for Compensation Claims Judges is now accepting applications for one attorney from the territorial jurisdiction of the Fourth District Court of Appeal to serve a four-year term commencing July 1. All...

19th JNC to fill St. Lucie opening.(Notice)
July 1, 2005... The 19th Circuit Judicial Nominating Commission is now accepting applications to fill a St. Lucie County judge opening. Applicants must be registered voters, live within St. Lucie County, and have been a member of the Bar for the past five...

New Duval county judgeship available.(Notice)
July 1, 2005... Applications are now being accepted to fill a newly created seat on the Duval County bench. Applicants must be registered voters, reside in Duval County upon assuming office, and have been a member in good standing of The Florida Bar for...

New Orange County judgeship available.(Notice)
July 1, 2005... The Ninth Circuit JNC is now accepting applications to fill a newly created seat on the Orange County bench, Applicants must have been members of the Bar for the preceding five years, registered voters, and reside within Orange County at...

New web site not at full speed: free legal research delayed until the server is upgraded.
July 1, 2005... An unexpected combination of high usage and technical problems have caused a delay in the full implementation of the Bar's new Web site design, including the startup of the FastCase tree legal research service for members. In a sense, the...

Bar, sections reach accord on financial arrangements: new deal revamps CLE splits and administrative support for section activities.
July 1, 2005... With a few final changes, the Bar Board of Governors has approved revamping the way it financially supports the Bar's sections. Outgoing Budget Committee Chair Jerald Beer, who headed a special committee that has been studying section...

Board finalizes 2005-06 budget.
July 1, 2005... With one final minor change, The Florida Bar's 2005-06 budget has been finished. Incoming Budget Committee Chair Mayanne Downs told the Board of Governors last month the only change to the budget was an $8,620 amendment to restore the...

Jacksonville couple has been practicing for 50 years.
July 1, 2005... She was the only woman when she entered law school in 1949 at the University of Florida, back in a time 45 men would stand against the blackboard waiting for her to leave the classroom first. He was a certified public accountant in Atlanta,...

Board makes a number of appointments: to the ABA house of delegates and the Board of Bar Examiners.
July 1, 2005... The Bar Board of Governors has made four appointments to the ABA House of Delegates and nominated nine lawyers for three vacancies on the Florida Board of Bar Examiners. The board also made several other appointments at its recent meeting...

Executive Committee makeup set for '05-06.
July 1, 2005... With the Board of Governors' selection last month of three of its members, the membership of the Bar's Executive Committee has been set for the 2005-06 Bar year. The Executive Committee is empowered to act for the board between its...

Young lawyers look to make PWP affordable: grants will assist low wage lawyers.
July 1, 2005... How to make the mandatory Practicing With Professionalism program affordable to all attorneys was the topic of the Young Lawyers Division Board of Governors meeting May 19. The board agreed to set up a grant program that would help attorneys...

YLD ready for hurricane season: division also makes donation to diversity effort.
July 1, 2005... The Young Lawyers Division is gearing up for another hurricane season and also has made donations to encourage diversity in the legal profession. Outgoing YLD President Mike Faehner reported on those and other division activities at the...

Ileana Almeida, was recently sworn in as president of the Broward County Hispanic Bar Association at its installation banquet in Ft. Lauderdale.
July 1, 2005... ILEANA ALMEIDA, left, was recently sworn in as president of the Broward County Hispanic Bar Association at its installation banquet in Ft. Lauderdale. Also pictured from the left are outgoing Florida Bar President Kelly Overstreet Johnson,...

Rules would require screening: before law students could serve as interns at public agencies.
July 1, 2005... A special Bar committee has recommended three rule changes to the section of Bar rules that allows law students and those waiting to take the bar exam to be interns for public agencies or nonprofit organizations. The panel was formed in...

Thornton to lead Dade County Bar.
July 1, 2005... John W. Thornton, Jr., was recently sworn in as president of the Dade County Bar Association. Other new officers for 2005-2006 include Merrick L. Gross, president-elect; John P. Murray, vice president; Timothy M. Ravich, secretary; and...

Proposed criminal jury instructions.(Notice)
July 1, 2005... The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to the Florida Supreme Court a report proposing revisions to the Florida Standard Jury Instructions in Criminal Cases. The court invites all interested...

Proposed certified mediator rules.(Notice)
July 1, 2005... The Supreme Court Committee on Alternative Dispute Resolution Rules and Policy has submitted to the Florida Supreme Court proposed amendments to the Florida Rules for Certified and Court Appointed Mediators. The proposed amendments address...

Administrative law.
July 1, 2005... CS/CS/CS/SB 1010--Administrative Procedures This bill amends statutory provisions relating to Internet publication of the Florida Administrative Weekly, and revises and creates various duties of the Joint Administrative Procedures...

Business law.
July 1, 2005... CS/SB 1056--Business Entities This bill replaces the Florida Revised Uniform Limited Partnership Act (1986) with the Florida Revised Uniform Limited Partnership Act (2005), to incorporate reforms from the model act developed by the...

Children & family law.
July 1, 2005... CS/CS/CS/SB 1476--Department of Children and Family Services/Contracts/Service Provider The bill removes a provision of law exempting the Department of Children and Family Services from the requirements of ch. 287, F.S. In addition, the...

Constitutional amendments.
July 1, 2005... HJR 1177--Term Limits The bill increases term limits for state legislators from eight to 12 years. The 12-year term limit applies only to legislators whose consecutive years in office begin on November 7, 2006, or thereafter; office...

Criminal law.
July 1, 2005... HB 207--Criminal Acts/State of Emergency This bill reclassifies the felony degree of certain unarmed burglary offenses and theft offenses, if any of those offenses are committed in an area that is subject to a state of emergency declared by...

Education.
July 1, 2005... SB 1678--Determination of Public School Class Size Averages The bill provides that if a school district's actual October survey of student membership exceeds the student membership which had been projected for the district in the Florida...

Ethics and Elections.
July 1, 2005... HB 1673--Second Primary Election The bill permanently eliminates the second primary election, and provides for nine weeks between the primary and general election. The bill also makes numerous conforming changes to the Florida Election...

Environmental law.
July 1, 2005... HB 759--Environmental Permitting Programs This hill provides that financial responsibility must be provided for permitted phosphate mining activities that affect wetlands. For permitted phosphate mining activities which will occur over a...

Family law.
July 1, 2005... HB 1283--Child Support Enforcement This bill includes a number of provisions that increase coordination between state and local agencies to establish orders for paternity and support, to enforce the parent's responsibility to pay support,...

Health law.
July 1, 2005... HB 1041--Women's Health and Safety Act This bill creates the "Women's Health and Safety Act," to require the Agency for Health Care Administration to adopt separate rules for licensed abortion clinics that perform abortions only during the...

Insurance law.
July 1, 2005... CS/SB 1486--Property Insurance This bill makes significant changes to the laws regulating property insurance. The bill lowers the "retention" or amount of residential hurricane losses that all insurers must meet in total (on average) in...

Judicial branch.
July 1, 2005... HB 1935--State Judicial System This bill addresses the state's continued implementation of Revision 7 to Article V of the State Constitution. In addition to making technical or administrative refinements to the state judicial system, the...

Juvenile law.
July 1, 2005... HB 1917--Juvenile Justice This bill makes many changes to ch. 985, F.S. It classifies day treatment programs as a minimum-risk non-residential level of commitment, rather than a probation option (as they were before 2000). Creates a...

Mental health law.
July 1, 2005... SB 1090--Minors/Psychotropic Medication This bill amends [section] 39.407, F.S., establishing the process by which children in the custody of the Department of Children and Families are provided psychotropic medications unless a parent's...

Military affairs law.
July 1, 2005... SB 550--Property Tax Exemption/Disabled Veterans This bill grants a $5,000 property tax exemption to the un-remarried surviving spouse of a veteran who is otherwise entitled to the exemption. To obtain the exemption, the un-remarried spouse...

Professional regulation.
July 1, 2005... CS/SB 1012--Professions Regulated by DBPR This bill amends [section] 455.271, F.S., to establish a procedure for reinstatement of professional licenses issued by the Department of Business and Professional Regulation, or any of the...

Public records.
July 1, 2005... CS/SB 1098--Public Records/General Bill This bill adds the executive director or equivalent and his or her designee of a child advocacy center meeting the standards set forth in [section] 39.3035, F.S., to the list of individuals and...

Real property, probate & trust law.
July 1, 2005... HB 315--Building Remediation and Assessment This bill creates [subsection]501.933 and 501.934, F.S. to provide requirements for mold assessors and mold remediators and [section] 501.935, F.S., to provide requirements for home inspectors. It...

Tax law.
July 1, 2005... CS/SB 2070--Communications Services The bill repeals the tax on substitute communications systems and provides that the Department of Revenue will not assess this tax back to October 1, 2001, when the communications services tax was...

Tort law.
July 1, 2005... HB 135--Liability/Street Light Providers This bill provides immunity from lawsuits alleging negligent streetlight maintenance. The immunity applies to streetlight providers that repair inoperative streetlights within certain time periods...

Transportation law.
July 1, 2005... HB 157--Road Rage Reduction Act Effective January 1, 2006, [section]316.081, F.S., is amended to prohibit a person from operating a motor vehicle in the left-hand lane except when overtaking or passing another vehicle on a four lane...

Workers' compensation law.
July 1, 2005... HB 423--Workers' Compensation Employee Definition The bill loosens the requirements that must be met in order for an owner-operator of a motor vehicle to be excluded from workers' compensation coverage as an employee of a motor carrier....

Sarasota FAWL works with at-risk students.(Legal Roundup)
July 1, 2005... Sarasota FAWL Works With At-risk Students: Members of the Sarasota Chapter of the FAWL, including President Evelyn Moya, Joan Donnelly, Magistrate Judge Susan Maulucci, and retired law professor Beverly Blair, recently traveled to the Polk...

Nassau Bar Awards Scholarship.(Legal Roundup)
July 1, 2005... Nassau Bar Awards Scholarship: Teresa J. Sopp, vice president of the Nassau County Bar, recently presented Hitliard Senior High School student Megan Hoobler with a $1,000 scholarship. Hoobler, an honors student and Bright Futures Scholar, has...

FALSS meeting set.(Legal Roundup)
July 1, 2005... FALSS Meeting Set: The Florida Association of Legal Support Specialists will hold its first 2005 quarterly meeting at the Renaissance Resort at World Golf Village in St. Augustine July 30. The morning seminars available to legal support staff...

Dufoe wins DeVane Award.(Legal Roundup)
July 1, 2005... Dufoe Wins DeVane Award: The Lakeland Bar Association recently presented its Annual Jerry DeVane Award to Bill Dufoe of Holland & Knight in recognition of his "exemplary scholarship, professionalism, and collegiality." The officers of the...

Jon H. Anderson pro bono awards.(Legal Roundup)
July 1, 2005... Jon H. Anderson Pro Bono Awards: Florida Rural Legal Services presented awards to several local attorneys for their voluntary service in representing indigent persons in civil matters. Those honored include: Stephen R. Senn, Samuel G. Crosby,...

Viernes Cuiturales.(Legal Roundup)
July 1, 2005... Viernes Cuiturales: Florida Attorney General Charlie Crist, Miami-Dade Mayor Carlos Alvarez, and Miami Police Chief John Timoney were only some of the guests who recently joined Gunster, Yoakley & Stewart in a special reception to honor the...

Ethics and professionalism.(Legal Roundup)
July 1, 2005... Ethics and Professionalism: The Orange County Bar and the First Central Florida Inn of Court jointly sponsored an afternoon ethics and professionalism seminar recently for approximately 375 lawyers, including the entire staffs of the state...

Judges retire.(Legal Roundup)
July 1, 2005... Judges Retire: More than 200 family members and friends paid tribute to five recently retired 17th Judicial Circuit judges at a celebration sponsored by the Broward County Bar Association. The retiring judges include Judge Patricia Cocalis,...

Leopold to lead PBCBA.(Legal Roundup)
July 1, 2005... Leopold to Lead PBCBA: Theodore (Ted) J. Leopold was recently named president of the Palm Beach County Bar Association. Other new officers and board members include Manuel Farach, president-elect: Scott Murray; Bryan Poulton; Richard Schuler:...

Robert J. Simms memorial dedication.(Legal Roundup)
July 1, 2005... Robert J. Simms Memorial Dedication: Bay Area Legal Services recently honored the life and career of Judge and career of Judge Robert J. Simms and thanked the supporters of the memorial fund established by Bay Area Legal Services. Judge Simms...

Disciplinary actions.
July 1, 2005... The Florida Supreme Court in recent court orders suspended seven, disbarred one, and reprimanded one attorney. The following lawyers are disciplined: Gregory Patrick Armotrading, 505 N. Liberty St., Jacksonville, suspended from practicing law...

UPL actions.
July 1, 2005... The Supreme Court recently issued eight court orders permanently prohibiting 14 persons and/or corporations from engaging in the unlicensed practice of law. The following entities are prohibited from engaging in the unlicensed practice of...

Documentary to explore domestic violence issues.
July 1, 2005... Heritage Education Resources, Inc., of Tallahassee plans to create a documentary video exploring women's experiences with the legal and social services systems as they relate to domestic violence, according to Jan Rosenberg, who founded the...

Bar leaders conference set for July.
July 1, 2005... Voluntary bar association leaders will take a "Safari in the Everglades" on leadership, fundraising, association management, member benefits, and media relations during next month's 2005 Bar Leaders Conference, July 22-23 in Naples. This...

Member outreach committee becomes a permanent fixture.
July 1, 2005... The Member Outreach Committee has become a permanent Bar committee and the Bar will have more flexibility on reimbursing clients from the Clients' Security Fund when they pay for a lawyer and receive little, if any, benefit, following changes...

Bar supports delinquency proceedings study.
July 1, 2005... Acting on the request of the Bar's Legal Needs of Children Committee, the Board of Governors has endorsed a proposed ABA study of access to counsel and quality of representation in Florida delinquency proceedings. The panel asked the board...

Reducing stress by redefining success.
July 1, 2005... How do you define success? This is an important question for several reasons, but the most important reason to answer is to save yourself from unnecessary stress. Many of us create stress for ourselves by attempting to measure our progress...

Governor signs alimony bill.
July 1, 2005... Orlando Sen. Gary Siplin expects quite a few motions to modify alimony judgments will be filed this summer now that the governor has signed into law his bill that allows alimony to be cut off if the exspouse has a roommate of the opposite sex....

Justice Peggy A. Quince of the Florida Supreme Court was recently presented the Richard W. Ervin Equal Justice Award by The Capital City Bar Presidents Council for her work to promote professionalism.(News and Notes)
July 1, 2005... Justice Peggy A. Quince of the Florida Supreme Court was recently presented the Richard W. Ervin Equal Justice Award by The Capital City Bar Presidents Council for her work to promote professionalism, civility, and collegiality through her...

Donna M. Greenspan of Edwards & Angell received special commendation from the Legal Aid Society of Palm Beach County, the Florida Supreme Court.(News and Notes)
July 1, 2005... Donna M. Greenspan of Edwards & Angell received special commendation from the Legal Aid Society of Palm Beach County, the Florida Supreme Court, and the Florida Pro Bono Coordinators Association for exemplary pro bono service to Palm Beach...

ABA's Young Lawyer's Division--Bankruptcy Law Committee.(News and Notes)
July 1, 2005... Douglas A. Kelly of Holland & Knight in Orlando was appointed chair of the ABA's Young Lawyer's Division--Bankruptcy Law Committee for 2005-2006.

SUNSGLOW.(News and Notes)
July 1, 2005... C. Carolina Maluje of Albareda, Rosso, Maluje & Nies recently returned from Cairo, Egypt, where she administered for SUNSGLOW, a symposium held for judges and legal advisors on "Legal and Judicial Reform."

Lee H. Rightmyer.(News and Notes)
July 1, 2005... Lee H. Rightmyer of Carlton Fields in St. Petersburg was chosen to serve as president-elect of the St. Petersburg Bar Association.

Jed Frankel.(News and Notes)
July 1, 2005... Jed Frankel of Phillips, Eisinger & Brown in Hollywood spoke at Esslinger-Wooten-Maxwell's Third Annual Legal Seminar on the topic of disputes and problems arising in real estate transactions. Additionally, Frankel spoke at the Florida...

Kamilah L. Perry.(News and Notes)
July 1, 2005... Kamilah L. Perry of Carlton Fields in Tampa received the President s Award from the George Edgecomb Bar Association.

Jeffrey Feulner.(News and Notes)
July 1, 2005... Jeffrey Feulner recently lectured at a seminor for the Institute for Paralegal Education, focusing on the use of advanced Internet research strategies in the practice of law.

Mark A. Danzi.(News and Notes)
July 1, 2005... Mark A. Danzi with Carlton Fields in Tampa spoke at the AIJA Conference, Going Private in a Public World, in New York City.

David Pratt.(News and Notes)
July 1, 2005... David Pratt, of Pratt & Bucher in Boca Raton spoke at the ABA Tax Section meeting in Washington D.C.; his topic was "A Primer on the Preparation of Federal Gift (and Generation-Skipping Transfer) Tax Returns."

American College of Commercial Finance Lawyers.(News and Notes)
July 1, 2005... Thomas A. Snow of Carlton Fields in Tampa was elected vice president of the American College of Commercial Finance Lawyers.

Mount Sinai Medical.(News and Notes)
July 1, 2005... Ronald Albert, Jr., of Holland & Knight in Miami Beach was installed as chair of the Young Presidents of Mount Sinai Medical.