Florida Bar News articles from July 2007

Florida Bar News archives from July 2007

Manatee goes electronic: Supreme Court allows the county to pioneer paperless court records while protecting confidential information.
July 1, 2007... With the Florida Supreme Court's blessing, Manatee County Clerk of Court R.B. "Chips" Shore has launched the first real-world test of electronic access to court records that he hopes will pave the way for the entire state. On June 14, this...

Board throws weight behind attorney-client privilege bill.
July 1, 2007... Saying it reflects the profession's core values, the Bar Board of Governors has endorsed a U.S. Senate bill aimed at protecting the attorney-client relationship during a government investigation and adopted other recommendations from the Bar's...

Interested in an Upgrade?(Brief article)
July 1, 2007... Interested in an Upgrade? How many years does your office target between desktop computer replacements? When they stop working 25% Three years 25% Four years 24% Five or more years 16%...

Court, Bar to investigate mentoring requirement: 'all I ask is that you have an open mind'.
July 1, 2007... Florida Supreme Court Justice Raoul Cantero has announced the Supreme Court's Commission on Professionalism and The Florida Bar are establishing a joint committee to study mandatory mentoring for all new Bar members. Cantero reported on...

RPPTL looks to diversify: seminar aimed at attracting more minority involvement.(Real Property, Probate, and Trust Law Section)
July 1, 2007... The Real Property, Probate, and Trust Law Section is determined to diversify the Bar's largest and oldest section come hell or high water. No one witnessed the apocalypse, but the high water came in the form of tropical depression Barry that...

Board to keep watchful eye on new conflict counsel plan.
July 1, 2007... Concerned there might not be enough money for it to operate successfully, Bar Board of Governors members plan to keep an eye on the state's new regional conflict counsel system. Some board members said they're concerned private attorneys...

Greta Van Susteren.(Brief article)
July 1, 2007... [ILLUSTRATION OMITTED] Caption: GRETA VAN SUSTEREN, left, of Fox News, moderated the panel "What's Happening to the News Business? The Changing Relationship Between Law and Media, from O.J. to Today" at the Media Law Conference at...

Foundation fellows on the job.(Florida Bar Foundation)
July 1, 2007... The Florida Bar Foundation has hosted paid internships for first- and second-year law students through its Legal Services Summer Fellowships. So far, nearly 300 students have been selected for the competitive fellowships, which allow students...

Family law rules three-year cycle amendments.(Notice)
July 1, 2007... The Family Law Rules Committee invites comment on proposed three-year cycle amendments to the Florida Family Law Rules of Procedure shown below. The full text of the proposals can be found on The Florida Bar's Web site at www.floridabar.org....

The friends of the Rupert J. Smith law library.(Brief article)
July 1, 2007... [ILLUSTRATION OMITTED] Caption: THE FRIENDS OF THE RUPERT J. SMITH LAW LIBRARY and the St. Lucie County Bar recently sponsored their Fourth Annual Reception and Art Contest as part of Law Week. Honored at the reception were Allan Klotsche,...

Bar Executive Committee named.(Brief article)
July 1, 2007... The Bar Board of Governors has elected three of its members and incoming Bar President Frank Angones has appointed two additional board members to the Executive Committee, rounding out its membership for the 2007-08 Bar year. At their June...

You're never too young to plan for retirement: YLD board gets financial planning lesson.(Young Lawyers Division)
July 1, 2007... Shuffling mahjong tiles? Tootling down the interstate in an RV? Building a ship in a bottle? While these activities are undoubtedly the stuff of retirement dreams, none of it comes free with an AARP membership. Not to worry. Michael C....

Starks wins Bar Journal writing award.(Michael D. Starks)(Brief article)
July 1, 2007... Michael D. Starks was selected as the recipient of the 2006 Florida Bar Journal Excellence in Writing Award by the Journal & News Editorial Board for his article "Deconstructing Damages for Destruction of Evidence--Martino Eradicates the...

Disciplinary history to be added to Bar's Web site beginning in August.(The Florida Bar)
July 1, 2007... On August 1 The Florida Bar's new program for posting the 10-year disciplinary history of Bar members on its Web site will go online. Communications Committee Chair Tim Sullivan updated the Bar Board of Governors recently on its previously...

Internet company plans to rate all lawyers: Florida lawyers to be included soon.(Avvo.com)
July 1, 2007... A new company intent on providing consumers with a rating for every lawyer in the U.S. will soon add Florida lawyers to its online service. But the service has raised many questions among lawyers. It also could bring up ethical questions...

HB 7183--Administrative Procedures.(Administrative Law)(Brief article)
July 1, 2007... This bill revises provisions in the Administrative Procedure Act (APA), codified in Ch. 120, relating to unadopted agency rules. The bill creates incentives for agencies to adopt rules and for affected persons to challenge unadopted rules by...

CS/CS/CS/SB 1638--Gift certificates and similar credit items.
July 1, 2007... This bill requires that a gift certificate or credit memo sold or issued for consideration in this state may not have an expiration date, expiration period, or any post-sale charge or fee, such as a service charge, dormancy fee, account...

HB 7087--Financial services.(Business Law)
July 1, 2007... The bill authorizes the sale of optional guaranteed asset protection (GAP) products by motor vehicle installment sellers, sales finance companies, retail lessors and their assignees, and establishes requirements for the sale of such products....

SB 562--Ownership or transfer of securities.(Business Law)(Brief article)
July 1, 2007... This bill modifies the procedures for acquiring a controlling interest in a specialty insurer, domestic stock insurer, or controlling company. The bill modernizes Florida law by expanding the scope of permissible custodians to allow licensed...

CS/HB 77--Supervised visitation programs.(Children & Family Law)
July 1, 2007... Pursuant to [section] 753.001, supervised visitation programs provide for "contact between a noncustodial parent and one or more children in the presence of a third person responsible for observing and ensuring the safety of those involved."...

CS/CS/HB 1309--Office of Adoption and Child Protection.(Children & Family Law)
July 1, 2007... In 2006, the Legislature established a centralized Office of Child Abuse Prevention within the Executive Office of the governor to examine, oversee, and implement child abuse prevention services. Recognizing that increasing the adoption rate...

SB 1770--Technology in custody proceedings.(Children & Family Law)(Brief article)
July 1, 2007... Pursuant to [section] 61.13 (2)(b), "it is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to...

HB 7107--Child support enforcement.(Children & Family Law)(Brief article)
July 1, 2007... In 2006, the Florida Supreme Court found that a legal father, i.e., a man married to a child's mother at the time of birth, is an indispensable party in an action to determine paternity and to place support obligations on another man. In some...

SJR 166--Property rights/ineligible aliens.(Constitutional Amendments)(Brief article)
July 1, 2007... The equal protection clause in [section] 2, Art. I, State Constitution, generally requires the state to treat everyone equally. However, an exception within the equal protection clause permits the legislature to regulate or prohibit the...

CS/CS/SB 1822--Carbon monoxide detectors.(Consumer Protection)(Brief article)
July 1, 2007... This bill requires that one or more carbon monoxide sensor devices be installed in any portion of a public lodging establishment that has an enclosed space or room containing a certain type of boiler regulated under Ch. 554, in a portion of the...

CS/SB 1088--Due process.(Criminal Law)(Brief article)
July 1, 2007... The bill revises the process whereby indigent persons and certain other eligible persons are provided criminal and civil representation at state expense. The current system uses private attorneys for criminal cases when a public defender has a...

CS/CS/SB 1030--Court costs.(Criminal Law)(Brief article)
July 1, 2007... The bill increases court costs in the amount of one dollar assessed against a person who is found to have violated a criminal law or committed certain civil infractions. The bill also increases, by the same amount, the assessment to be remitted...

SB 2--Unattended child in motor vehicle.(Criminal Law)(Brief article)
July 1, 2007... Current law prohibits a parent, legal guardian, or other person responsible for a child under the age of six years from leaving the child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes or for any period of...

CS/SB 1004--Criminal justice/Cybercrimes Against Children.(Criminal Law)(Law overview)
July 1, 2007... This is the Cybercrimes Against Children Act of 2007. It enhances penalties for possession of certain types of child pornography and expands the scope of [section] 847.0135, concerning use of the Internet to influence a child to commit sexual...

CS/SB 988--High-risk offenders.(Criminal Law)(Law overview)
July 1, 2007... This bill amends Jessica Lunsford Act provisions that require background checks for contractors on school grounds. It specifies offenses that disqualify a noninstructional contractor from being on school grounds when students are present. The...

CS/CS/SB 1604--Sexual offenders and predators.(Criminal Law)
July 1, 2007... The bill makes changes to Florida's laws regarding registration of sexual predators and sexual offenders to comply with the federal "Adam Walsh Child Protection and Safety Act of 2006" ("Adam Walsh Act"), Pub.L. No. 109-248 (2007), as well as...

CS/CS/SB 146--Anti-murder act/violent offenders.(Criminal Law)(Brief article)
July 1, 2007... The bill addresses felony probation and community control violations by designating certain alleged probation or community control violators as violent felony offenders of special concern. A violent felony offender of special concern who is...

CS/CS/SB 1232--Career and Professional Education.
July 1, 2007... This bill creates the Florida Career and Professional Education Act to provide a statewide planning partnership between business and education communities to expand and retain high value industry and sustain a vibrant state economy. Career and...

CS/CS/HB 967--Physical education.(Education)(Brief article)
July 1, 2007... The bill requires each district school board to provide 150 minutes of physical education each week for students in kindergarten through grade 5. The elementary school principal may designate any instructional personnel to provide the physical...

Due diligence.(Letter to the editor)
July 1, 2007... I am writing about what has been called the most debilitating problem facing the practice of law today. It has resulted in successful attacks on attorney-client privilege and has become an underpinning for successful suing of attorneys, their...

Court-appointed counsel.(Letter to the editor)
July 1, 2007... The June 1 News article regarding SB 1088, which virtually eliminates private court-appointed attorneys from representing indigent citizens, contained several incomplete ideas and/or misconceptions. I do not fault the writer. Only those who...

Appel petitions for Bar reinstatement.(Letters)(Letter to the editor)
July 1, 2007... Pursuant to Rule 3-7.10, Charles Appel has petitioned the Supreme Court of Florida for Bar reinstatement. Pursuant to a January 18, 2001, Supreme Court order, Appel was suspended for two years, nunc pro tunc to January 4, 2001, due to a...

Meeks petitions for Bar reinstatement.(Letters)(Letter to the editor)
July 1, 2007... Pursuant to Rule 3-7.10, Gregory A. Meeks II has petitioned the Supreme Court of Florida for Bar reinstatement. Pursuant to a Supreme Court order, Meeks was suspended for 91 days, effective November 24, 2006, for neglecting his clients' cases,...

Abrams petitions for Bar reinstatement.(Letters)(Letter to the editor)
July 1, 2007... Pursuant to Rule 3-7.10, Daniel Everett Abrams of Palm Beach Gardens has petitioned the Florida Supreme Court for Bar reinstatement. Pursuant to a January 12, 2006, order, the Supreme Court suspended Abrams for a period of one year, and in...

Smolar petitions for Bar reinstatement.(Letters)(Letter to the editor)
July 1, 2007... Pursuant to Rule 3-7.10, Saul Smolar of Coral Springs has petitioned the Florida Supreme Court for Bar reinstatement. Pursuant to a January 9, 2003, order, the court suspended Smolar for three years for aiding the unlicensed practice of...

Regional counsel applicants sought.(Letters)(Letter to the editor)
July 1, 2007... The Florida Supreme Court Judicial Nominating Commission is seeking applicants to fill regional counsel positions in five newly created Offices of Criminal Conflict and Civil Regional Counsel, established during the 2007 legislative session....

11th JNC seeks judicial applicants.
July 1, 2007... The 11th Judicial Nominating Commission is now accepting applications to fill a vacancy on the circuit bench created by the resignation of Judge Cristina Pereyra-Shuminer. Applicants must be registered voters, members in good standing of...

CS/CS/SB 1226--Merit Award Program/school board employees.(Education)(Brief article)
July 1, 2007... The bill creates a voluntary performance pay program, the Merit Award Program for instructional personnel and school-based administrators. In order to be eligible for funding under the program, school districts must adopt plans that would...

CS/HB 397--Caregivers for adults.(Elder Law)(Brief article)
July 1, 2007... This bill allows the Department of Elderly Affairs (DOEA) to establish a pilot program to train persons to act as companions and provide personal assistance to frail adults age 60 or older. The pilot program will start in either Pasco or...

CS/CS/SB 1916--Assisted Living Facility staff training.(Elder Law)(Brief article)
July 1, 2007... The bill amends [section]429.52, to require the Department of Elderly Affairs (DOEA) to adopt, or contract for the development of, a curriculum for training staff at Assisted Living Facilities (ALFs). The bill authorizes the department to...

HB 537--Election reform.(Ethics and Elections)
July 1, 2007... This bill is an omnibus elections package that addresses numerous issues. The bill redefines a third party registration organization to include political parties. The bill lowers the amount of fines applicable to third party registration...

CS/SB 900--Initiatives; general requirements and revocation procedures.(Ethics and Elections)(Brief article)
July 1, 2007... This bill, entitled the "Beatrice T. Posey Truth in Petition Act," amends [section]100.371, and requires petition forms to be signed by the constitutionally required distribution of electors in addition to the constitutionally required number...

CS/SB 1920--Initiatives--property rights.(Ethics and Elections)(Brief article)
July 1, 2007... This bill provides that a private person exercising lawful control over any privately-owned property, including commercial property open to the public, may prohibit all activities on the property that support or oppose constitutional amendment...

CS/SB 2766--Venomous reptiles and reptiles of concern.(Brief article)
July 1, 2007... The bill amends the requirement for licensing of venomous reptiles to include those persons that capture, keep, or transport such reptiles. The bill requires the Fish and Wildlife Conservation Commission (FWC or commission) to establish a list...

CS/SB 590--Health maintenance contracts.(Health Law)(Brief article)
July 1, 2007... This bill amends subsection (25) of section 641.31, to expand the right of a subscriber covered under a HMO contract who is a resident of a continuing care facility or a retirement facility, to be referred to that facility's skilled nursing...

SB 666--Fiscal intermediary services organizations/ health care.
July 1, 2007... The laws regulating health maintenance organizations (HMOs) also provide for the regulation of fiscal intermediary services organizations (FISOs) by the Office of Insurance Regulation. The law is designed to protect funds received from an HMO...

CS/CS/HB 1381--Insurance.(Insurance Law)(Law overview)
July 1, 2007... The bill makes the following changes pertaining to the regulation of insurance agencies, agents and adjusters under the authority of the Department of Financial Services (DFS or department): The bill requires the DFS and the Financial Services...

CS/HB 7057--Hurricane Damage Mitigation.(Insurance Law)
July 1, 2007... During the 2006 Regular Session, the Legislature created the Florida Comprehensive Hurricane Damage Mitigation Program and appropriated $250 million to provide financial incentives to encourage residential property owners in Florida to retrofit...

HB 1549--Examination of insurers.(Insurance Law)(Brief article)
July 1, 2007... Currently, an insurer is generally subject to a financial examination by the Office of Insurance Regulation (OIR) of its affairs, transactions, accounts, records, and assets, no less frequently than once every 3 years. This bill changes the...

CS/HB 411--Limited insurance licenses.(Insurance Law)
July 1, 2007... The bill provides changes to two limited insurance licenses issued by the Department of Financial Services. It changes the license for personal accident insurance to "travel insurance," and changes the license for baggage and motor vehicle...

CS/CS/HB 1477--Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program.(Mental Health Law)(Brief article)
July 1, 2007... This bill creates the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program for the purpose of providing funding to counties to allow them to plan, implement, or expand initiatives to address the issues of adults and...

CS/SB 116--Robert A. Wise military protection act.(Brief article)
July 1, 2007... The bill is named for Robert A. Wise, a member of the Florida National Guard, who died while serving in Operation Iraqi Freedom. The bill amends [section] 540.08, to prohibit the unauthorized use of the name or image of a member of the armed...

CS/SB 412--Education/children of POWs and MIAs.(prisoners of war, missing in action)(Brief article)
July 1, 2007... The bill amends [sections] 295.015, to extend educational opportunity benefits at state expense to the dependent children of Florida resident parents who have been declared prisoners of war (POWs) or missing in action (MIA) since the Vietnam...

CS/HB 517--Financial responsibility for motor vehicles.(Brief article)
July 1, 2007... The bill amends [section]324.021, to provide for an exemption, for United States Armed Forces members and their dependent spouses, from providing proof of financial responsibility relating to ownership or operation of a motor vehicle. To...

SB 1448--Service members/dependent assistance program.(Military Affairs Law)(Brief article)
July 1, 2007... The bill amends [section]250.5206. Pursuant to this section, assistance funds may be awarded to eligible family members and dependents of a member of the Florida National Guard or of the United States Reserve Forces personnel in the event of a...

CS/CS/SB 156--Veterans defined wartime service.(Military Affairs Law)(Brief article)
July 1, 2007... The bill adds Operation Enduring Freedom and Operation Iraqi Freedom to the list of qualifying military campaigns or expeditions found in [section]1.01(14). The section defines certain terms including the term "veteran." By including these...

CS/CS/HB 529--Cable TV/video service franchises.(Public Interest Law)
July 1, 2007... The bill establishes the authority to issue statewide cable and video franchises within the Department of State and designates the department as the state franchise authority. The bill removes local government authority to negotiate cable...

HB 63--Public records.(Public Records)(Brief article)
July 1, 2007... This bill is tied to HB 55, which requires the submission of documentation in order for an employee to be granted leave related to incidents of domestic violence. This bill creates a public records exemption for personal identifying information...

CS/HB 1277--Residential tenancies.(Real Property, Probate & Trust Law)(Brief article)
July 1, 2007... The bill amends the landlord's available remedies in [section]83.595, to provide that if the landlord retakes possession after the early termination of the rental agreement, the landlord has the duty to exercise good faith in attempting to...

CS/HB 111--Title insurance.(Real Property, Probate & Trust Law)(Brief article)
July 1, 2007... The bill requires nonresident title insurance agents to qualify for licensure by passing an examination and completing continuing education requirements in the same manner as Florida resident title insurance agents. It also allows for the...

CS/HB 743--Trusts.(Real Property, Probate & Trust Law)
July 1, 2007... The bill amends various sections of the Florida Trust Code to expand the power of a bank or trust company that is acting as a trustee to invest in investment instruments that the bank or trust company owns or controls. A trust company or bank...

CS/HB 311--Probate.(Real Property, Probate & Trust Law)
July 1, 2007... This bill was designed to update the Florida Probate Code. A number of the changes made by the bill are technical in nature. The effects of the provisions of the bill are described below. The bill integrates the language of Florida Probate Rule...

CS/HB 211--Hurricane preparedness sales tax exemption.(Tax Law)(Brief article)
July 1, 2007... The bill creates an unnumbered section of Florida Statutes and provides for a sales tax exemption period for the purchase of items typically associated with hurricane preparedness. The sales tax exemption period extends from June 1, 2007,...

SB 1014--Florida Corporate Income Tax Code annual update.(Tax Law)(Brief article)
July 1, 2007... This bill updates the Florida Corporate Income Tax Code to reflect changes in the U.S. Internal Revenue Code enacted by Congress during 2006. This definition provides for "piggybacking" each change made during 2006 in the Internal Revenue Code....

CS/SB 1456--Sales tax holiday on clothing and school supplies.(Tax Law)(Brief article)
July 1, 2007... The bill provides that no sales and use tax will be collected on sales of books, clothing, wallets, or certain bags having a selling price of $50 or less during the period from 12:01 a.m. August 4, 2007, through midnight, August 13, 2007. The...

CS/SB 2482--Tax administration.(Tax Law)
July 1, 2007... CS/SB 2482 is the Department of Revenue's annual tax administration bill. The bill improves the administration and enforcement of our tax laws and eases taxpayer compliance. Specifically, the bill authorizes the Department of Revenue (DOR) to...

Proposed new criminal jury instructions.
July 1, 2007... The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to the Florida Supreme Court a report containing six proposals for fourteen new or amended criminal jury instructions. Proposal 1: Amendments to...

In-house counsel gather.(Morgan Lewis)(Brief article)
July 1, 2007... In-House Counsel Gather: The Miami office of Morgan Lewis held a cocktail reception on behalf of the South Florida Group of Regional Counsel, where more than 75 in-house counsel from companies including General Motors, Yahoo!, Chevron, Tyco,...

UM takes the prize.(University of Miami law student Amir Khorsand wins award)(Brief article)
July 1, 2007... UM Takes the Prize: University of Miami law student Amir Khorsand placed first in the Small Business Category of the Fifth Annual Leigh Rothschild Entrepreneurship Competition, sponsored by the UM School of Business. Khorsand's business is...

Clearwater Law Day.(Esther Kang wins award)(Brief article)
July 1, 2007... Clearwater Law Day: Esther Kang, fourth-grader at Ridgecrest Elementary, crafted the first place poster for the 2007 Law Day Poster Contest, depicting the theme Liberty Under Law: Empowering Youth, Assuring Democracy." Esther was awarded U.S....

Stetson launches exchange program.(Stetson University College of Law)(Brief article)
July 1, 2007... Stetson Launches Exchange Program: The Stetson University College of Law will add semester and year-long foreign exchange programs in Spain and Mexico starting this fall. Students enrolled at Stetson will have an opportunity to study abroad at...

Anton to lead EASL.(Laurie Hannan Anton to join Florida Bar's Entertainment, Arts, and Sports Law Section)(Brief article)
July 1, 2007... Anton to Lead EASL: Laurie Hannan Anton of Ft. Myers was elected chair of the Florida Bar's Entertainment, Arts, and Sports Law Section at the section's recent annual retreat. Other officers include Howard Wiener, chair-elect, Nina Dawne...

Brydger to lead Matrimonial Lawyers.(American Academy of Matrimonial Lawyers appoints Gordon C. Brydger)(Brief article)
July 1, 2007... Brydger to lead Matrimonial Lawyers: The American Academy of Matrimonial Lawyers, Florida Chapter, elected the following officers at its 29th Annual Institute in Tampa. The new officers include President Gordon C. Brydger of Ft. Lauderdale,...

Kids in charge.(Brief article)
July 1, 2007... Kids in Charge: Judge Linda Singer Stein and Judge Myriam Leher brought a new approach to Law Day at the North Dade Justice Center by letting students run the program. The students also acted as co-judges for the day, which featured a keynote...

Crotzer speaks with PDs.(Alan Crotzer, public defender)(Brief article)
July 1, 2007... Crotzer Speaks With PDs: Alan Crotzer, who was released from state prison last year after serving 24 years for wrongful convictions on rape, kidnapping, and robbery charges, spoke with Orange/Osceola Public Defender Bob Wesley's staff during a...

Proposed jury instruction on culpable negligence.
July 1, 2007... The Supreme Court Committee On Standard Jury Instructions In Criminal Cases submits the following amended instruction to the Florida Standard Jury Instructions in Criminal Cases for comment. The Committee proposes to amend the following...

Legislative action.(The Florida Bar)
July 1, 2007... Under Rule 2-9.3 (b)--(e), Rules Regulating The Florida Bar, active members of the Bar may file a specific objection to any legislative position adopted by the Board of Governors. Objections properly filed within 45 days of this News issue will...

Board makes appointments.(American Bar Association)(Brief article)
July 1, 2007... Outgoing Bar President Hank Coxe and former Bar Presidents Edith Osman and Herman Russomanno have been elected to two-year terms on the ABA House of Delegates. They will be joined by incoming Bar President-elect Jay White, who...

U.S. Middle District needs a magistrate.
July 1, 2007... The U.S. District Court, Middle District of Florida, is currently accepting applications for a full-time magistrate judge position in Orlando. The basic jurisdiction of the U.S. magistrate judge is specified in 28 U.S.C. [section] 636. To...