Summation Quarterly, Summer 2026

We’ve Moved A Look Back Young Lawyers Division LSNF’s Living the Oath

p. 2 p. 10 p. 13 p. 14

HIDDEN TREASURES

THE FORGOTTEN PHOTOS THAT TELL THE STORY OF OUR ASSOCIATION

SUMMER 2026 | VOLUME 15, ISSUE 2 | ESRBA.COM

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Contents Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009

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Executive Director Jeff Nall jeff@esrba.com Member Engagement Manager Stephen Hayward stephen@esrba.com

Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership.

Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor.

Due date for all advertisements, articles and announcements is the first of the month for the issue you wish to advertise in.

Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing.

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The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.

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From the President

Page 5

Announcements

Page 6

News from the Clerk of the Circuit Court and Comptroller

Page 7

Guidance from Unexpected Places

Page 8

Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.

Jeff Nall Stephen Hayward Stephanie Gaherty

Charlie Penrod Codey Leigh Allison Newton

Shekka Drayton Joe Passeretti Ryan Dugger

Finding My Own Path: A Personal Reflection on Opening Nguyen Family Law Page 9 A Look Back Photo Collage 1996

Page 10

A “Proper” Start

Page 12

Young Lawyers Division

Page 13

LSNF’s Living the Oath

Page 14

Owner Malcolm Ballinger

Sponsor Profile: Gulf Coast Attorney Services

Page 15

Publisher Malcolm Ballinger

The Bottom Line

Page 17

Executive Editor Kelly Oden

Our Annual Sponsors Thank you

Page 18

Photo Collage

Page 19

Editor Morgan Cole Art Director Ian Lett

Graphic Designer & Ad Coordinator Ryan Dugger Sales & Marketing Maggie Banks, ext. 28 Geneva Strange, ext. 31

Visit our Website at BallingerPublishing.com Editorial Offices: 21 East Garden Street, Suite 205 | Pensacola, Florida 32502 850-433-1166 | Fax: 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher.

Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2023 Ballinger Publishing. All Rights Reserved.

Summer 2026 | 5

From the President

Goodbye to Me and the Local LRS As many of you have already heard, ESRBA recently closed our local lawyer referral service. I want to take a moment to explain this change and, more importantly, why believe it’s a positive step forward for both our members and the public we serve.

The program isn’t gone, its just under new management. Going forward, attorneys and citizens in our area who need a referral will be connected through the Florida Bar’s statewide Lawyer Referral Service. This wasn’t a decision made lightly, but after careful consideration, I’m confident it’s the right move for a couple of reasons.

First, the state bar’s referral service operates with greater resources and infrastructure than a local program can realistically maintain. That means more consistent staffing, broader outreach, and a smoother experience for the public looking for legal help. And second, consolidating with the statewide service reduces duplication of effort. Our local program required ongoing administrative upkeep (maintaining panels, verifying credentials, fielding calls and emails, following up to make sure connections were made between clients and attorneys) much of which the state bar already does at scale. Redirecting that time and energy allows ESRBA to focus more of our efforts on what we do best: local advocacy, member services, and community engagement.

I know change can raise questions, and some of you may have been panelists on the local referral service for years. I want to assure you that this transition has been coordinated to be as seamless as possible, and the Florida Bar’s Lawyer Referral Service is a well-known, well-run program that will serve our community well.

Think of it less like our program is disappearing and more like it’s being handed off to a wiser, more experienced mentor — a bit like a young apprentice graduating to train with the Jedi Council instead of learning lightsaber tricks in the garage.

As always, if you have questions or concerns about this transition, please don’t hesitate to reach out to me directly or to the ESRBA office.

On a personal note, serving as your president has been one of the true privileges of my career. Whatever comes next for ESRBA, I’m grateful for the trust you’ve placed in me and for the chance to work alongside such a dedicated group of legal professionals. As Walt Disney once said, we keep moving forward, opening new doors, and doing new things — and that’s exactly what the ESRBA will continue to do. TTFN: Ta-Ta For Now! (I promised movie/book references, and I don’t break my promises. Although that last one is a cartoon, it still counts).

Warmly, Rebecca Gilliland

6 | The Summation

The Escambia-Santa Rosa Bar Association

Executive Council Officers President Rebecca Gilliland Vice President Stephen Luongo Secretary Aaron Watson Treasurer Andrew Spencer Immediate Past President Joe Passeretti Executive Council Kristina Cook Brenton Goodman Patrick Jennings Jessica Scholl Alexis May Lee Elebash Shelby Savage Alex Messmore Angela Trawick Haley Hadden Carllee Godwin Young Lawyer Representative Alexander Shimek Don’t forget that members save 40% on our ever expanding library of CLEs

Scan this QR code to check out our current selection of great CLE programming!

Stay current on everything going on with the Escambia – Santa Rosa County Bar Association

Be sure to check out the ESRBA website for all upcoming events.

Announcements Members Celebrating 50 Years in Practice David B. Ackerman Thomas Condon Robert Kimmel David L. McGee Members Celebrating 25 Years in Practice Brian H. Barr Autumn Beck Blackledge Jeremy C. Branning Christine S. Cook Laura S. Coleman Christi Hankins Bradley G. Johnson Philip A. Pugh Jason A. Waddell Amy K. Waddell Kasey Watson Joseph Andrew Wilson Douglas Woodward Tiffany Woodward ESRBA Directories On Sale! $25 delivered.

Call or email stephen@esrba.com to get your extra copy today!

New This Month

The ESRBA takes a look back through the archives! In the course of our move, we re-discovered several photo albums and decided to share some of our findings from 1996-1997 on pages 10-11.

Also we are starting a new Summation feature: Spotlighting Our Solo-Practitioners. Our first group of members have recently embarked on the solo-practitioner journey. See what they have to say on pages 8,9 and 12.

We hope our readers enjoy these new elements to the magazine, as we look for new ways to engage our awesome members and readers!

The Escambia-Santa Rosa Bar Foundation

Board of Directors Officers President D. Steve Traylor, Jr Vice President Jodi Dubose

Secretary & Treasurer Cameron Gore Directors Jeremy Branning Shekka Drayton Heather Lindsay Patrick Martin Aaron McCurdy Adrianna Spain Warren Todd Kasey Watson John “Buz” Windham Mikaela Ziko Chris Kelly ESRBA President Rebecca Gilliland

Escambia-Santa Rosa Bar Association Young Lawyers Division

Board of Directors Officers President Alexander Shimek Vice President Madison Stacey Treasurer Craig Wood

Secretary Rebecca Radd

Directors Alex Messmore (Immediate Past President) Marilee Butler Savannah Green Margaret Lovelock Lexie Fuller Will Hahn Brooke DiSalvo Hannah McDonough Joseph Seidler Gabe Mueller Madison Leonard Katharine Wu Carllee Godwin

Summer 2026 | 7

News from the Clerk of the Circuit Court and Comptroller How the Clerk’s Office Upholds a Government of Laws Pam Childers In 1788 James Madison observed that government must be structured not only to govern the people, but also to govern itself. This captures one of the central promises of our constitutional system: public institutions are to be governed by checks and balances that limit and restrain power of the public institutions themselves. As America turns 250, we, thankfully, continue to live under a government of laws, not of men. It is those laws and rules, not the preferences of those who temporarily hold power, that must continue to guide and control our public institutions.

Much has been written about the role courts play in safeguarding these principles and about what judicial power means in this context. Far less attention is paid to the institutions that make the rule of law possible every day. Among those institutions, few are more important, or more misunderstood, than the Clerk’s Office. The Clerk’s Office, in its role as an arm-of-the-court, is the gateway to the entire judicial process.

The citizens of Escambia County may never stand before a judge or even enter a courtroom, yet most will interact with the Clerk’s Office. Every day, citizens obtain copies of records, respond to jury summonses, file court documents, pay traffic fines, or navigate the legal system. For many citizens, their experience with the Clerk’s Office is their only experience with the justice system.

These everyday interactions are governed by a complex framework of rules and laws passed by the judicial and legislative branches.

Through this framework of standards, the Clerk’s Office enforces filing deadlines, safeguards confidential information, shares criminal justice data with law enforcement, issues and distributes writs and warrants, safeguards funds in the treasury, and produces public records. These actions rarely generate headlines, yet they are fundamental to the legitimacy of our institutions in a similar way as James Madison described. But why?

For one reason, each action comes with a familiar temptation: the request for an exception. Often the circumstance behind the request is understandable. A deadline may have been missed by a few minutes, or sensitive information may be publicly available because a statute or rule is unwise or outdated. Perhaps the process is just too onerous and burdensome for the litigant. Even in such situations, the Clerk’s office cannot disregard the governing requirements. Relief may be available through other means, but it cannot come from setting aside the rules or laws just this one time.

The public’s trust depends upon the confidence that the same standards will apply to everyone. The wealthy litigant, the sophisticated attorney, the self-represented citizen, and the public official must be viewed as no different. The legitimacy of the justice system, and our public institutions, depends upon the belief that each will be treated according to the same standards and that government will indeed govern itself. This is why following the same procedures in every matter is essential and it is why proper administration and leadership at the Clerk’s Office matters to you.

The laws that govern our public institutions protect against arbitrary decision-making or the whims of those who lead the office.

And as applied here, following the laws and rules that govern the processes of the Clerk’s Office help to assure the public that the operations of the legal system are not the product of favoritism, influence, or individual preference. Every court filing docketed, every public record produced, and every writ issued contributes to something larger than the just simply the individual transaction.

Together the work that Clerk’s staff do every day creates the transparency and accountability upon which public confidence depends.

More than 250 years into the American experiment, the Clerk’s Office, and the dedicated public servants who work within it, continue to play a vital role in preserving the rule of law and faith in our justice system. Every day, the Clerk’s Office helps to ensure that laws are administered fairly, consistently, and transparently for all. When public institutions hold fast to the standards that govern them, it sustains the people’s trust and resists the pull of individual preferences or exceptions.

Authored by Codey Leigh, General Counsel to the Clerk and Comptroller for Escambia County Authored by Codey Leigh, General Counsel to the Clerk and Comptroller for Escambia County

8 | The Summation

GUIDANCE FROM UNEXPECTED PLACES

by Meredith Bush A Solo-Practioner Spotlight

B

eing asked to share my perspective on opening a new law firm is more than a bit intimidating, as it feels like I should portray how I have it all together, and I am tempted to ask a version of AI to tell me what sounds polished. Instead, I am going to take this opportunity to write from the heart.

A little over a year ago, on June 17th, 2025, to be exact, I gave my notice at a well-respected local firm.

The job search was frustrating, and opportunities from competing firms seemed less than perfect.

At the time, I was not a religious person, but I said out loud at my desk, “God either is or he isn’t,” and I took a leap of faith. I left a court hearing that morning, walked across the street, and rented an office. The next 6 weeks were an emotional roller coaster. I was afraid. I was excited. I didn’t have an LLC or a bank account. But I believed in myself and had set the ball rolling.

The support from the legal community and clients was overwhelming. I was met with encouragement.

And it all came together.

Meredith Bush Law opened at 314 S. Baylen Street on August 1st, 2025. What began with a laptop and a cell phone has grown faster than I could have imagined. A year later, the firm occupies six office suites and has become a team of five, including an experienced legal analyst, paralegal and office manager, administrative assistant, and creative and

legal assistant. I am incredibly grateful for each of them and proud of what we are building together. I am surprised at the referrals, the questions answered, and the guidance from unexpected places. We have a great legal community.

Today, my bustling boutique practice focuses on land use and development, local government law, associations, real property disputes, administrative law, some litigation, and a myriad of other things, to include occasional criminal defense, where I harken back to my days as a public defender. I am a boardcertified City, County & Local Government lawyer, an AICP certified land use planner, and was recently admitted to the Alabama Bar, adding that credential to Mississippi and Florida.

If you are thinking about going solo, do it. There is nothing more rewarding than working for yourself and building a dream, one phone call, email, and argument at a time. If you’d like to learn more, I am always available for a cup of coffee. And as we all learn in this practice, many thanks to those of you who have shown me grace.

With gratitude, Meredith Meredith D. Bush 314 S. Baylen Street Suite 108 Pensacola, FL 32502 850-460-1601 meredithbushlaw.com

Summer 2026 | 9

FINDING MY OWN PATH

A Personal Reflection on Opening Nguyen Family Law

by Michelle Nguyen A Solo-Practioner Spotlight

O

pening Nguyen Family Law has been the most meaningful and transformative step I have taken in my career. I made the decision to bet on myself and to build a law firm that provides me with the opportunity to shape a firm grounded in purpose, integrity, and the values that have guided me throughout my career in serving clients in the community with family law matters, such as divorce, child custody and support issues.

Family law has always been where my strengths and heart align. I constantly remind myself why I chose to focus on family law, and it brings me gratitude each day. My practice helps clients during some of what are the most vulnerable moments of their lives.

Over the years, I have listened to fears, hopes, and stories that clients were often sharing aloud for the first time. Those experiences shaped me profoundly and taught me that effective advocacy is rooted in presence, compassion, and honesty.

As I stepped into this new chapter, I quickly realized how much I had learned, and how much I still had to learn. Opening a firm has challenged me to grow not only as an attorney, but as a leader, a business owner, and a steward of the trust clients place in me. Each day brings new lessons, responsibilities, and opportunities to refine the kind of practice I want to build.

During this new chapter, I have been most grateful for the support that I have received along the way.

Colleagues who have walked this path before me offered guidance and encouragement without hesitation. Friends and family reemphasized my capabilities during moments of doubt. In addition, perhaps most meaningful of all, clients, both new and former, chose to place their trust in me during this transition. I am deeply grateful to every client who walks through my door knowing they are part of this chapter and a part of the foundation on which Nguyen Family Law continues to grow.

Nguyen Family Law is more than a professional milestone. It reflects the relationships, lessons, and experiences that brought me here. It is a commitment to showing up with clarity, compassion, and integrity each day in my life and in my practice.

Lastly, it is a reminder that in our profession, some of the most significant chapters begin not when everything is perfectly planned, but when we choose to follow the path that aligns with who we are and who we are becoming.

Ngyuen Family Law 320 W. Cervantes Street Pensacola, FL 32501 850-407-8082 mtn@nguyenfamilylaw.com

12 | The Summation

A “PROPER” START

by Elizabeth Aghayan A Solo-Practioner Spotlight

M

illennials… entitled, lazy, and drowning in participation trophies. At least that is the popular perception. Even within the profession, there are generational divides based on the differing worlds in which attorneys came of age. As Millennials renegotiate issues of work and family in an always online world, we utilize what I would argue is our greatest generational strength: nimbleness.

It is in this spirit that I, born in 1989 (the Millennial of Millennials), have embarked on my newest Era – leaving the nest to start my own estate planning and probate practice in Gulf Breeze “Proper,” Proper Legacy Law, PLLC. And it’s been both a humbling and empowering experience. But frankly I think the primary emotion I’ve experienced through this process is gratitude: both gratitude for the mentorship I’ve received over the years from many members of this local bar Association, as well as gratitude for our broader local community. This is truly a wonderful place to live, work, and raise a family. How fortunate are we? Any of us who have been sitting at our desks and then suddenly, the Blues fly over recognize that this is a uniquely amazing place.

Of course, it’s been challenging (and sometimes frustrating). I’ve begun a new practice of reminding myself (preferably out loud!) at the beginning of each day that my primary goal is to be of service to my clients. Everything else will fall into place. I also remind myself daily to lean into being flexible and nimble, like the good Millennial that I am. That workflow didn’t flow so well? Fine tune it and run it again. That whiz bang shiny product isn’t everything they said it was? Re-tool and move on.

A very buzzy topic right now is how AI tools will change the profession. For my part, I’m leaning into

nimbleness. People (well maybe not most lawyers, but people generally) like other people. They want to connect with other people, feel seen and heard, and have a personal client experience. As AI flattens management structures in large corporations, it is also flattening the administrative layers between our clients and us. It’s making it easier than ever for us to communicate in a personal way with our clients in a manner that is also scalable. We need to lean into this aspect of what these technologies can give us rather than ensconce ourselves behind tech enabled bureaucracy – clients may not appreciate an automated AI receptionist or a chatbot on your website, but they will love that they can easily schedule an appointment with you, or that you can pre-load update emails that actually sound like you wrote them (because you did!) and communicate with them more effectively. When we proactively communicate, and our clients have a good idea of what to expect from us and our teams, we can also set healthier boundaries about when we are accessible.

Personal relationships will become ever more valuable as these technological systems take shape.

For those considering a jump out on your own, I would encourage you to ponder this decision incredibly carefully – it is not something to decide on the spur of the moment. It will be harder and more expensive than you planned for. It will also be uniquely rewarding. Never have I felt such agency and confidence. No more participation trophies for this Millennial … I’m going for gold.

PROPER LEGACY LAW Elizabeth W. Aghayan Attorney

elizabeth@properlegacylaw.com ph 850.794.4166 www.properlegacylaw.com

Summer 2026 | 13

Young Lawyer’s Division

by Ander Shimek, YLD President

Summer is shaping up to be an exciting and productive season for the Young Lawyers Division, and I would like to take a moment to reflect on some recent successes while also highlighting several upcoming opportunities to get involved.

We begin with a look back at our recent YLD happy hour at the Establishment sponsored by Zarzaur Law. The event was a tremendous success and provided an excellent opportunity for young lawyers to connect with one another, strengthen professional relationships, and learn more about the many ways to become involved with the YLD. We are grateful to Zarzaur Law for its generous sponsorship and continued support of our young lawyer community.

In May, we were honored to host our Coffee with a Judge event featuring Judge Frydrychowicz. The event was well attended and provided YLD members with a unique opportunity to engage with Judge Frydrychowicz in a more informal setting. Judge Frydrychowicz offered valuable insight into her professional journey, shared practical advice for young attorneys, and provided thoughtful mentorship to those in attendance. On behalf of the YLD, I would like to extend our sincere gratitude to Judge Frydrychowicz for taking time out of her busy schedule to invest in the development of young lawyers in our area. Her willingness to share her experiences and guidance made the event both meaningful and memorable.

Looking ahead, we are excited to partner with Legal Services of North Florida for our upcoming “Laws and Lattes” event at The Parking Latte Café, located at 4178 US-29, Unit C, Cantonment, Florida 32533. This community outreach initiative will provide free legal services and resources related to estate planning, disaster preparedness, and family law matters. We are especially excited that ECAT has established a stop at the location, helping increase accessibility for members of our community who may benefit from these services. We encourage all members to help spread the word and direct anyone who may need assistance our way.

We are also excited to announce our next YLD social event, sponsored by Clark Partington, at the Blue Wahoos game on July 9, 2026. Attendees will gather in the Hancock Whitney section to enjoy an evening of baseball, networking, and camaraderie with fellow members of the legal community. We encourage all young lawyers to RSVO and take advantage of this opportunity to connect with colleagues in a relaxed and enjoyable setting. We are thankful to Clark Partington for its sponsorship and support of the YLD. Additionally, we are pleased to announce that the YLD has received grant funding for another Professionalism in Practice panel event, which will be held this fall. This program will continue our efforts to provide meaningful professional development opportunities for young attorneys while fostering important conversations about professionalism and best practices within the legal profession. Additional details will be announced in the coming months.

Finally, I would encourage all eligible young lawyers to become involved with the YLD. Membership provides opportunities for networking, professional development, community service, and leadership within our local bar.

Applications for the Escambia-Santa Rosa Bar Association Young Lawyers Division Board are now open. If you are interested in serving on the Board or learning more about available opportunities, please contact me at ashimek@esclaw. com or incoming YLD President Madison Stacey at mstacey@osa1.org. We are always looking for enthusiastic young lawyers who want to make a positive impact on our profession and our community.

Thank you to everyone who continues to support the YLD through your participation, sponsorships, volunteer efforts, and service. The success of our organization is a direct result of the dedication and involvement of our members, and I look forward to seeing all that we accomplish together in the months ahead.

14 | The Summation

LSNF’S LIVING THE OATH

NOTHING BUT BLUE SKIES (HOPEFULLY)

by Melissa Condon Onacki

Welcome to another installment of LSNF’s Living the Oath: Nothing but Blue Skies (Hopefully) Reintroduction: Legal Services of North Florida (LSNF) is a nonprofit law firm that provides no cost civil legal help to eligible residents across 16 counties in North Florida.

Another summer and another chance for this Disaster Coordination Attorney to remind you about what you can do to help your community prepare this hurricane season.

Good news: The National Oceanic and Atmospheric Administration (NOAA) has predicted a below-normal hurricane season for the Atlantic. But let’s not allow this optimistic forecast to lull us into a state of complacency. Instead, take this opportunity to thoughtfully plan. Last hurricane season we talked about heirs’ property, and that’s for good reason! It is still a very real issue that we, as attorneys, can help prevent and address during “blue skies.”

In case you did not know “blue sky” in the disaster world refers to a non-disaster period. This is the time to focus on preparedness, mitigation, education, and updating response plans. “Gray sky” refers to the period immediately before, during, or after a storm has occurred. This is the time when immediate life-saving response protocols, search and rescue, and recovery efforts are occurring.

What if your name is not on the title of your home? It is next to impossible to make repairs after a disaster. Consider this scenario: You live in your childhood home that remains in your deceased parents’ name. A hurricane hits and you apply for FEMA assistance to repair storm damage. While FEMA may accept alternative proof of your property interest, the real problems begin when you need to hire a contractor. Contractors cannot pull the necessary permits without you being the title owner. Similarly, most community partners cannot assist with repairs unless you hold clear title to the property. Probate is the solution, but it can be time-consuming. Clearing these title issues before hurricane season means faster community recovery when disaster does strike!

Florida Default Probate Succession Plan

In Florida, if a person does not have a Will, and their spouse has predeceased them, by default the property goes to the Decedent’s children. Simple enough. But let’s say a Decedent had seven children, and five of them have passed. What happens now? Many think that the property will go to the two remaining children. Au contraire. Instead, for the children who have passed, their share is divided by their children, and if any of those children have passed, that share goes to their children. And so on, and so forth. In most situations, each property owner is going to need to consent to repairs of the property. We all know how difficult it is to keep up with our extended families – now imagine trying to find those family members after a hurricane. You get the picture. “Blue Skies” are a great time to proactively solve some of these issues.

Florida Default Probate Succession Plan

Yes! Share this information! Most people do not realize this issue exists. We live in a proud historic area where many residents live in family homes (heirs’ property) and most do not know Florida’s plan for them if they do not lay out their wishes.

Be a Pro Bono Hero with LSNF! This summer, volunteer attorneys will once again help provide critical estate planning services to residents through free Estate Planning Clinics hosted by LSNF in partnership with community organizations throughout Northwest Florida. Learn more about volunteering at www.LSNF.org/volunteer.

Listen and learn? LSNF has started a civil legal help podcast, and the first few episodes all focus on disaster legal services! You can find it anywhere you listen, just search for Legally Yours.

Stay safe this hurricane season and help our community thoughtful planning. Here’s hoping for nothin’ but blue skies!

Melissa

Summer 2026 | 15

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Summer 2026 | 17

Bottom Line Mind the Gap Visit Fulfillment in Florida Home Health Care By: Amber Folgar UWF Legal Studies Student

lorida ranks among the top states in both senior and veteran populations but ranks last nationally in home health care availability.1 Greater transparency is needed regarding completed and missed home health visits. Florida State Statutes Chapter 400 provides regulation on licensing and operation of Home Health Agencies (HHAs), but it lacks mandated reporting of missed visits from health aides and providers. This leaves consumers vulnerable with no information about the frequency of missed visits due to non-emergency failures. Florida should amend Chapter 400 by strengthening transparency requirements through mandated quarterly reporting from HHAs to allow for protection of taxpayers, more informed decision making, and safeguarding of patients.

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authorized by the VA MISSION Act [38 C.F.R. § 17.4000].2 Because these programs utilize taxpayer dollars, it is crucial for consumers and government agencies to have the ability to assess if home visits are being completed and to enforce accountability. Florida Statutes Chapter 400, Part III outlines licensing and mandates a clinical “Plan of Care.” However, it does not require tracking, logging, or reporting of missed visits. It only requires the termination of services to be logged in accordance with section 400.491.3 Compliance with government funded contracts by HHAs is only measured through paper authorizations and not through actual services rendered. While HHAs protect themselves from fraud claims through “Missed Visit Notes” under Chapter 59A-8, F.A.C.,4 ensuring insurance companies are not billed for unrendered care, consumers have no idea how often failures are happening. This is crucial information when awarding multi-million-dollar contracts and ensuring compliance.

Home health care in Florida is funded largely through public programs such as Medicare, Medicaid, and the U.S. Department of Veterans Affairs (VA) as

To address the transparency crisis, Chapter 400 should be amended to mandate public reports of visit fulfillment. This promotes informed decision-making and protects

patients. This information will provide patients and their families with the ability to choose the best HHA for their needs. Public dashboards, such as FloridaHealthFinder.gov, can host this information. In United States v. Florida,5 the court held that Florida violated the Americans with Disabilities Act and mandated that the state “implement a method for parent(s)/guardian(s) to report provider failure to provide [private duty nursing] services in real time.” This sets a strong regulatory precedent for implementing a similar reporting infrastructure for seniors and veterans. Florida Statutes section 408.821 currently requires Electronic Visit Verification (EVV ) software utilization to track staffed hours for billing.6 The existing EVV infrastructure can be used as the tracking system to record missed hours, allowing for a seamless transition for the Agency for Health Care Administration (AHCA).

These tracking requirements will protect publicly funded insurance and patients while incentivizing HHAs to provide a higher standard for visit fulfillment.

With that being said, THAT’S THE BOTTOM LINE.

Home Care Ass’n of Fla., Florida Remains Last in Nation for Home Health Worker Availability (May 19, 2026), available at https://members. homecarefla.org/news/Details/florida-remains-last-in-nation-for-home-health-worker-availability-as-senior-population-continues-to-grow-332878.

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38 C.F.R. § 17.4000 (2025).

Fla. Stat. § 400.491 (2025).

Fla. Admin. Code R. 59A-8.0215 (2026).

United States v. Florida, 682 F. Supp. 3d 1172 (S.D. Fla. 2023); Order of Injunction at 5–6, United States v. Florida, No. 12-cv-60460-Middlebrooks/ Hunt (S.D. Fla. July 14, 2023) (requiring implementation of a method to report provider failures to provide services in real time).

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Fla. Stat. § 408.821 (2025).