CUBA! A CLE TRIP TO REMEMBER
Aaron Erskine - Medicare Questions? S
Beasley Allen
Taylor, Warren, Weidner, Hancock & Barnes
Schreiber ADR - Charlie Peppler Mediator Stillwell Law Firm
Saltmarsh, Cleaveland & Gund
G o l d Moore, Hill & Westmoreland
Phone: 850.434.8135
email: esrba@esrba.com
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From the President
Dear Friends,
As we approach Law Week 2025, I will take a moment to thank you for your continued dedication to the mission of our association and the legal community we serve. The collaborative spirit and commitment of our members have been vital in strengthening our association, and I am truly grateful for the support of each one of you.
This year’s Law Week theme, “ E Pluribus Unum: Out of Many, One, ” will provide a timely opportunity for us to reflect on the enduring principles of the Constitution. In keeping with our annual week-long celebration, we have planned a series of events designed to foster connection and dialogue among the judiciary and legal professionals in our community. We will toast our esteemed colleagues of the judiciary, engage in a little friendly competition at our bowling event, and finally discuss the constitution with a focus on our local naturalization ceremonies, these activities will be a wonderful way to build relationships and celebrate our profession.
We are actively engaged in preparing a CLE symposium focused on preparing for and navigating the many legal issues and challenges associated with storm losses. The program will be developed and made available in early June. This will be a timely opportunity for us to discuss the evolving landscape of insurance law, share insights, and further our understanding of the challenges in bringing these cases to a resolution, and what construction contracting challenges present while trying to recover from a storm loss.
As we embrace the spring season—a time for renewal and reflection—I hope you find time to rest, enjoy your loved ones, and reflect on the values that strengthen both our personal lives and our professional endeavors. I am proud of the progress we continue to make as an organization, and I look forward to seeing you all at the events planned for Law Week.
Thank you once again for your commitment to our shared success as an association. If there is anything I can do to enhance your membership experience or if you have suggestions for the future, I welcome your feedback.
Sincerely,
Joe
The Escambia-Santa Rosa Bar Association
Executive Council
Officers
President Joe Passeretti
Vice President
Rebecca Gilliland
Secretary
Stephen Luongo
Treasurer
Rachel Thomas
Immediate Past President
Christine Kelly
Executive Council
Kristina Cook
Brenton Goodman
Patrick Jennings
Jessica Scholl
Alexis May
Michelle Nguyen
Shelby Savage
Andrew Spencer
Angela Trawick
Aaron Watson
Young Lawyer
Representative
Alex Messmore
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Escambia – Santa Rosa County Bar Association
Be sure to check out the ESRBA website for all upcoming events.
Announcements
The Escambia-Santa Rosa Bar Association is excited to welcome its members and the judiciary to Law Week 2025 presented by Higginbotham Insurance , April 26 th through May 4 th. As we look forward to another exciting weeklong celebration of our legal community, we want to thank all our sponsors, members and local judiciary for their continued support of our ever-expanding Law Week festivities.
The theme selected by the American Bar Association for Law Day 2025, “Out of many, one” urges us to take pride in a Constitution that bridges out differences to bring us together as an untied nation.
The week will kick off on Saturday, April 26th beginning with the annual Community Legal Clinic hosted by Legal Services of North Florida form 9:00am to Noon at the Salvation Army (1501 N. Q St.). Then that evening we have our Motion to Strike Law Week Mixer at Cordova Lanes from 7:00 to 10:00pm. This great opening night is sponsored by our Young Lawyers Division . Join us for free food, bowling and fun as we begin this exciting week!
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 Joe Passeretti
Escambia-Santa Rosa Bar Association
Young Lawyers Division Board of Directors
Officers
President
Alex Messmore
Vice President
Ander Schimek
Treasurer
Craig Wood
Secretary
Sara Davis
Directors
Brooke DiSalvo (Immediate Past President
Blake Radford
Rebecca Radd
Madison Stacey
Lexie Fuller
Will Hahn
Michelle Nguyen
Mitchell de Kozan
Kreg Jones
Gabe Mueller
Madison Leonard
Haley Hadden
Carllee Godwin
Sara Papantonio
Margaret Zinsel
The Judicial Reception, co-sponsored by the Northwest Florida Chapter of the American Board of Trial Advocates, McDonald Fleming and Thieman-Greene and Bell, will be held in the Wine Room at V.Paul’s on Tuesday, April 29th from 5:00 until 7:00pm This highlight event of Law Week honors our local judiciary and provides an opportunity for ESRBA members to mingle and network with local judges in an informal afterhours social setting. Tickets are $25 per person.
The Law Week Luncheon, co-sponsored by Raffety Domnick Cunningham & Yaffa, Phelps and GrayRobinson, will be held at the Heritage Hall on Friday, May 2nd from 11:30am until 1:00pm. This premier event will feature a panel discussion
ESBRA New Members
Kristine McLean
First Judicial Circuit Court
Kristine.mclean@flcourts1.gov
focused on the lasting impressions gained through our naturalization ceremonies. The Liberty Bell Award recipient will also be announced at the luncheon. The Liberty Bell Award is presented annually to recognize community service that has strengthened the American system of freedom under law and to accord public recognition to men and women, particularly non-lawyers, for outstanding service. Additionally, local students will be recognized for their achievements related to the practice of law. A plated meal will be served. Tickets are $35 per person.
Tickets to the Judicial Reception and the Law Week Luncheon must be purchased in-advance by April 24th at https://esrba.com/calendar-events/law-week-2025/.
On the Move
Eric Stevenson is now with Fasig Brooks, and has moved into the new office located at 815 S. Palafox St., Suite 302. He can be reached at his new email estevenson@fasigbrooks.com, and new number, 850-427-2722.
Shekka Drayton is now with Wilson, Harrell, Farrington, Ford, Wilson, Spain, Hall & Uniacke, P.A.. She can be reached via email at sdrayton@ wilsonharrell.com or on the phone at 850-438-1111.
Attorney Eric D. Schurger, now with Emerald Coast Legal Aid, supported the Gulf Breeze Senior Center at the spirit night at Santino’s Pizza & Grinders on April 7, 2025. Mr. Schurger and family enjoyed an evening of good food, fellowship and cards. A portion of the proceeds benefited the Center. Formed as Northwest Florida Legal Services in 1978, Emerald Coast Legal Aid provides a wide range of legal services, including family and elder law. Eric can be reached at his new firm by email at ShurgerE@nwfls.org or by phone 850-432-2336 ext. 121.
Angela Trawick and Jack Lurton have joined Rafferty Domnick
Cunnigham & Yaffa, whose offices are located at 815 S. Palafox St., Suite 3. She can be reached via email at angela@pbglaw.com or via phone 561-625-6260. They join Troy Rafferty at the firm, focusing on Mass Torts and Personal Injury.
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Wade, Palmer & Shoemaker are pleased to announce Elizabeth Parsons has joined the firm as a Partner. Beth is a Board -Certified Trial Attorney with over 25 years of experience. Ms. Parsons will continue her work in handling litigated matters. She can be reached via email at eparsons@wpslawyers.com or by phone at 850-429-0755.
Phelps recently announced it will combine with Beggs & Lane, the oldest law firm in Pensacola, Florida. Operating as Phelps, this combination will expand the super-regional law firm to more than 425 lawyers located in 17 offices.
“Beggs & Lane is a team of energetic and ambitious lawyers who have earned a long-standing reputation of trust for solving client problems - this all fits really nicely together with our culture, client service and strategic growth approach,” said Marshall Redmon, Managing Partner of Phelps. “Pensacola has always appealed to us as a strategic location that offers a vital connection across the Gulf Crescent from Houston to Tampa. We are delighted to join forces with one of the most wellrespected firms in the state.”
The combination builds on Phelps’ ongoing growth with an expanded presence in Florida offering a connection across the Florida Panhandle and bridging the firm’s existing Gulf Coast offices. The joining of these two storied firms deepens Phelps’ service offerings to clients in employment, health care, energy, real estate, tax, white collar defense and intellectual property. Phelps, established in 1853, and Beggs & Lane, in 1883, together share a deep history of maintaining respected brands with strong market ties by providing trusted, responsive and solution-based legal services.
News from the Clerk of the Circuit Court and Comptroller
An Overview of Criminal Surety Bail Bonds Under Chapter 903 of the Florida Statutes
Pam Childers
Chapter 903 of the Florida Statutes provides the legal framework governing bail and bail bonds within the state. A critical aspect of this chapter is the detailed statutory framework that controls the rights and responsibilities of those involved in the surety bail bond process. A surety bail bond is a three-party contract between the state, the accused, and the surety, wherein the surety guarantees the appearance of the accused. Failure to adhere to the statutory and legal requirements by the state or surety can affect the validity of the contract and the rights and responsibilities of the parties involved.
Surety’s Obligations in the Bail Bond
Under section 903.045 of the Florida Statutes, a surety’s primary role when a surety bail bond is posted is to guarantee the defendant’s appearance at all required court proceedings for which the surety bond is posted. The bond contract is an agreement by the surety to be financially liable for the total bond amount if the defendant fails to appear in court as required
Surrender of Defendant
After a surety bail bond is executed, sureties have the authority to surrender a defendant into custody before the bond is forfeited due to non-appearance. If the surety places the defendant back into custody, the surety may be exonerated of liability through the exoneration process laid out in section 903.21. Currently, this exoneration process requires a court order. However, pending legislation (Senate Bill 456) proposes that clerks would cancel the bond liability upon presentation of certain documentation, including an affirmation of incarceration by the sheriff or chief correctional officer.
Bail Bond Forfeiture, Discharge, & Remission
If the defendant fails to appear for a required court appearance, section 903.26 requires the bond to be forfeited as long as certain filing and notice preconditions are met. A bond forfeiture starts a 60-day clock wherein the forfeiture must either be discharged by order of the court or paid. Timely payment of a forfeiture entitles the surety to remission rights under section 903.28 of the Florida Statutes. Remission is based upon a sliding scale where the amount remitted corresponds to the time a defendant is at large. In lieu of paying the forfeiture, sureties may seek to discharge the forfeiture within 60 days. Discharging a forfeiture results in cancellation of the bond and any associated financial liability for the surety. The grounds for discharge are set forth in subsection five of 903.26. Both the grounds for remission and discharge are entirely controlled by statute and sections 903.26 and 903.28 contain express prohibitions against relying upon non-statutory grounds.
It is worth noting that a court may also set aside a forfeiture, a remedy different than discharge. Setting aside a forfeiture places all the parties to the bond contract back into their pre-forfeiture status. Care must be taken with this remedy because section 903.31 also requires that any reinstatement post-forfeiture requires approval of the surety.
Bond Forfeiture Judgment
If a forfeiture is not paid, discharged, or set aside within 60 days then section 903.27 requires entry of a judgment by the clerk against the surety in an amount equal to that of the bond. Failure to pay the judgment by the surety within specified timeframes results in a statutory prohibition against execution of bail bonds by a surety. Judgments under 903.27 may be set aside by the court upon motion by the surety. Payment of the judgment is a condition for such motion. The payment is held in the registry of the court until disposition of the motion.
Inadvertent Modification of the Bond Contract
Finally, because criminal surety bonds are contracts involving the state, the prosecuting authority must take care that it does not inadvertently materially alter the terms of the contract. A bond contract can be materially altered when, for example, the prosecuting authority substantially increases the charge against a defendant. A substantial increase in charges can increase the risk that the defendant may flee and consequently absolve the surety of all liability. A substantial modification of the contract, if not addressed by the posting of a new bond, may lead to defendant fleeing without any surety to track the defendant down.
Conclusion
Chapter 903 of the F lorida Statutes establishes detailed procedures that all participants must follow to ensure proper handling of the bail bond process. By understanding and adhering to the obligations outlined in Florida law, those involved in the process can effectively navigate the bail bond process while also ensuring defendants comply with their legal obligations to appear.
Authored by Codey Leigh, General Counsel to the Clerk and Comptroller, Escambia County
LSNF’S LIVING THE OATH PRO BONO POP-UP
by Melissa Condon Onacki
Welcome to the kickoff of LSNF’s Living the Oath: Pro Bono Pop-Up!
If you haven’t met us yet, LSNF is a nonprofit law firm that provides free civil legal help to folks who qualify, mostly low-income and at-risk people across 16 counties, from Escambia all the way to Jefferson County. The need for legal help in Escambia and Santa Rosa just keeps growing, and our Pensacola crew is staying busy—with not one, but two offices now up and running to keep up with it all.
Quick Note: We’re Legal Services of North Florida—not to be confused with our colleagues at Emerald Coast Legal Services (formerly Northwest Florida Legal Services). It’s an easy mix-up—we all serve the Panhandle with a shared commitment to access justice. We’re proud to be LSNF— and just as proud to work alongside other folks who are out there making legal help easier to get across the state.
We do a little bit of everything at LSNF—direct representation, legal clinics, community education, you name it. One of our favorite programs is Justice on the Block, where we bring free legal help straight to the neighborhoods that need it most. And whether it’s reaching people in rural Florida or responding right after a storm, we’ve got “Justice on the Move” (our mobile law office) ready to roll out and offer help where it’s needed fast.
To kick off Law Week 2025, we’re hosting a Justice on the Block free legal clinic on Saturday, April 26, at the Salvation Army on “Q” Street in Pensacola, from 9:30 a.m. to 12:30 p.m. LSNF attorneys will be there—and we could do so much more with your help. Our local Pro Bono Coordinator, Jeremy Bridges (JBridges@LSNF.org), would love to connect with you if you are interested in joining us!
So, here is the shakedown. We know what you’re thinking – everyone wants your time. You’re busy. You’re maxed out. But we also know that you are part of a profession grounded in service. And just a few hours of your legal expertise can make an enormous difference for someone in crisis.
In all seriousness, this is a wonderful pro bono opportunity and your chance to get involved in a meaningful, local way—no long-term commitment required. Can’t make this clinic? No problem—we have other pro bono opportunities available year-round. Providing pro bono services can be a win-win. You can help people, AND you can get free CLE credit for your pro bono time
Bonus: You can earn free CLE credit for your pro bono hours. As of 2024, under Florida Bar Rule 6-10.3, attorneys may claim 1 hour of general CLE credit per hour of pro bono service, up to 5 hours per reporting cycle. There’s a simple form to complete—easy and impactful. Info at: https://www.floridabar.org/the-florida-bar-news/floridasupreme-court-approves-cle-credit-for-pro-bono-work]
If you want to learn more about volunteering, let our Director of Pro Bono and Volunteer Engagement, Rashel Johnson, know: RJohnson@ LSNF.org and if your firm would like to support us in other ways, contact our Director of Philanthropy, Jennifer Geeker, at JGeeker@LSNF.org.
Thank you for taking a moment to read this Pro Bono Pop-up. We hope to see you at our April clinic—or at another LSNF event soon.
Until next time!
CUBA! A CLE TRIP TO REMEMBER
by Jeff Nall
Bright and early on the morning of Thursday, February 6, a group of 17 intrepid lawyers representing the Escambia-Santa Rosa Bar Association met at the Pensacola airport to embark on a fourday trip to Cuba. The trip was coordinated with Scand-America International, a Florida-based travel company that has worked with several Florida voluntary bar associations on similar CLE trips.
After a brief stop-over in Miami, the group arrived at the José Martí International Airport in Havana around 1:30 p.m. local time. The airport was very sparsely appointed and going through customs was reminiscent of international travel of yesteryear. Upon exiting, we were met by our wonderful guide Dora and our private bus to head to our hotel, the water-front Royalton Habana.
On the way to the hotel, we stopped at Plaza de la Revolución, or Revolution Square. The square, which is dominated by the José Martí Memorial, has been the site of many political rallies and addresses to the Cuban people by leaders including Fidel Castro. Opposite the memorial are the offices of the Ministries of the Interior and Communications, whose facades feature matching steel memorials of the two most important deceased heroes of the Cuban Revolution: Che Guevara and Camilo Cienfuegos.
Our final stop on the way to the hotel was the Hotel Nacional de Cuba, which was opened in 1930 and considered a symbol of history, culture, and Cuban identity. The hotel and its lush, expansive garden on a hill just steps from the seawall offered amazing views of Havana Harbor and the city. The hotel also provided our first opportunity to try a Cuban Mojito.
When we arrived at the hotel, we received a warm, private welcome from the general manager. Then it was time to get settled or enjoy the wonderful view from the rooftop bar (or both!) before dinner in Old Havana. Following dinner, it was off to the Buena Vista Social Club, a musical ensemble primarily made up of Cuban musicians. This form of lively music has inspired both a Grammy® Award-winning album and the Broadway musical BUENA VISTA SOCIAL CLUB™. And yes, some of our folks hit the dance floor. However, like Vegas, what happens in Havana, stays in Havana!
It was off for a full day of sightseeing the next morning. Our guide took us to visit the Havana Rum Museum and a cigar factory before leading us on a walking tour of colorful Old Havana. Next, we sat down to enjoy a tasty, familystyle traditional lunch at a local paladar, which means plate in Spanish. Paladars are small, family-owned restaurants When we exited the paladar, our own fleet of vintage convertibles was waiting for us. What a way to see the city!
The next morning, we were up and off again. We started our day at the Hemingway House, where we walked the gardens and saw the rooms of the house as they were at the time the author lived there. His fishing boat Pilar was on display as well. After a couple of hours touring the house and grounds, we headed to another paladar for lunch in the fishing village of Cojimar. The village was
the inspiration for Hemingway’s book, The Old Man and the Sea. Our next stop was the CLE presentation on the Cuban Justice System. Despite our group having explored all morning and having eaten a hearty lunch, the presenter had no problem holding everyone’s attention. He was engaging, informative and quite entertaining. He also did not hold back and was happy to answer questions.
A visit to the world-famous Tropicana Nightclub was our last evening outing. Located in a lush, 36,000-squaremetre estate tropical garden, it is a true paradise under the stars. The fast-paced, colorful cabaret features Cuban rhythms and Afro-Cuban dances. The large cast of singers, dancers, acrobats and musicians did not disappoint. It is definitely a must-see when visiting Havana.
Sadly, on Sunday we had to travel home. Before heading to the airport, we had a few hours of free time for shopping or that last mojito or daiquiri before bidding farewell to our new friend and super attentive guide Dora.
Everyone had a great time and enjoyed the camaraderie as well as the sites. Former Judge Ross Goodman summed up the experience saying “Cuba is clearly a land of contrasts: stately but crumbly buildings next to modern high rises. Abject poverty next to the brilliant and colorful Tropicana. Cuba has a legal system that in some ways mimics ours, yet is polar opposite in many respects. Still, the people are happy, friendly and welcoming.”
We look forward to possible similar opportunities. In fact, our tour company is exploring a CLE trip to Norway so if let us know if you might be interested.
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DDRESSAGE FOR SUCCESS HIERS & HIS HORSES
by Shekka Drayton, Associate Wilson, Harrell, Farrington, Ford, Wilson, Spain, Hall, & Uniacke, P.A.
avid Hiers and his wife Deborah Davidson are long-term members of the Escambia Santa Rosa Bar Association. The two formed DAVIDSON & HIERS, P.A.,. Before retiring, Deborah’s litigation practice concentrated on Admiralty while David’s was insurance defense. Now, Deborah devotes herself to taking care of the farm, and David works as a Circuit-Civil Mediator, a role he’s had for over 15 years. It is no secret that the dynamic duo live on a horse farm in Molino, but many would be surprised to learn about their family’s other joint venture: dressage.
David explained:
For those unfamiliar with it, dressage is French for “training,” and consists of a series of techniques or maneuvers designed to improve the horse’s coordination, balance and flexibility, and the horse/rider’s ability to communicate through subtle use of the rider’s feet, legs, seat and hands. Dressage is a necessary building block for jumpers as it increases the horse’s control and balance, allowing the horse to approach jumps controlled and use her back while jumping, rather than jumping flat.
Both Deborah and Catherine Deborah, the couple’s daughter, grew up with horses. David only learned to ride after moving to Pensacola. He noted, “I was fortunate to receive training from Girard Kirsch, who ran a dressage farm just down the street. Girard was from Paris and was the number one equestrian in France, before ultimately moving to Molino.”
The family is very involved in the local horse community. “We started off playing polo at Point Clear (Alabama) and Gulfport (Mississippi), before switching over to fox-hunting, primarily with Live Oak Hounds (Tallahassee) and Misty Morning Hounds (Gainesville). We recently switched to three-day-eventing, which involves cross-country jumping, stadium jumping, and dressage.”
Although a skilled mediator, David never lost his competitive drive. As part of dressage training, David competed in a dressage show last October. The dressage show was hosted by the Gulf Coast Chapter
of the United States Equestrian Federation at the Escambia County Equestrian Center, a 178-acre equine park located off Mobile Hwy in Pensacola. (Deborah was not able to compete as her horse came up lame with a temporary hoof injury.)
David showed two horses, Arya, a 7 year old, 15.2 hand, grey Westphalian (German warmblood) mare, and Lilly, a 17 year old, 15 hand, grey Canadian warmblood mare. They placed 3rd and 4th in their division.
Reflecting on the competition David stated, “I was very pleased by their performance. Although both horses are jumpers and have competed in the past, they have not competed since Covid.” David was initially worried the excitement of the show would prevent the horses from concentrating on executing the intricate steps required for dressage; Catherine Deborah proved to be invaluable in getting the horses to calm down and acclimate to the other horses and the show environment. Given the shared family passion, David looks forward to competing in future dressage shows with his wife and daughter.
As one could imagine, caring for horses is hard work requiring team effort. “At 6 a.m. you have to go out and feed and water the horses and blanket or unblanket them as the weather dictates. You have to muck the stalls, and often have to fix gates or fences they have broken. At night you have to do the same thing. We try to ride all of them at least three times a week to keep them fit.” David described farm work as a full-time job in itself. Even when they both had full-time litigation careers, Deborah and David still found time to raise their daughter, maintain the farm, and ride their horses during the week.
This work ethic is evident in David’s mediation practice. David has shared his mediation expertise in his “how-to” book entitled “4,000+ Mediations, A Practical Guide for Mediators and Litigators” in addition to having published seven science fiction novels.
David Hiers is well known for his friendly banter. The next time you see him at an ESRBA or Inns of Court event, be sure to “stirrup” a conversation.
Young Lawyer’s Division
by Alex Messmore, YLD President
As we welcome spring, I am so proud to reflect on the incredible achievements and momentum our organization has built in recent months. The dedication and involvement of our members continues to impress both those locally and state-wide. It is such an honor to work alongside such talented leaders in our community.
Celebrating Member Achievements at the Affiliate Outreach Conference
We are thrilled to congratulate Alexandra Eschner-Rasmussen , who was named one of the 36 Under 36 at this year’s Affiliate Outreach Conference . This prestigious recognition reflects Alexandra’s outstanding leadership, dedication, and impact in the legal community. We are proud to have her as part of our organization and look forward to all she will continue to accomplish.
A special shout-out also goes to Brooke DiSalvo , who proudly represented our organization at the Professionalism Showcase Fashion Show . Brooke brought style, confidence, and professionalism to the runway and represented ESRBA well.
Additionally, we are excited to share that Ander Shimek successfully secured grant funding for our upcoming Professionalism Panel Event . Thanks to Ander’s initiative and hard work, this event will be open to both YLD and the general membership of ESRBA. Stay tuned on more information about this exciting opportunity!
Engaging Events & Strong Community Support
Our February Happy Hour was a resounding success, with a fantastic turnout from members and guests alike. We extend a heartfelt thank-you to long-time YLD supporter Bob Palmer of Palmer Mediations for sponsoring the event and continuing to foster connections within our community.
We also appreciate the generous support of Rimkus for hosting our January Happy Hour, and Mosley Estate Law for sponsoring the most recent March happy hour. These events are vital touchpoints for networking and camaraderie, and we are grateful to our partners for making them possible. If you or your firm is interested in sponsoring an event, please let us know. So much of our success as an organization is due to the support we get from our sponsors.
Upcoming Events:
In addition to the upcoming Professionalism Panel, we are excited to announce our upcoming “Coffee with a Judge” event, featuring the Honorable Jan Shackelford. These events are some of our members’ favorite events, providing the opportunity to engage with the judiciary in a lower stress environment and while gaining valuable insight into how to be successful in their courtrooms.
As always, I strongly recommend all young lawyers in our area to get more involved in the Young Lawyers Division. If I can be of any assistance to you (or your associates) please don’t hesitate to reach out.
Happy Spring!
ARGO CORNER
Sleeping on Public Property – Florida HB 1365 and Pensacola Ordinance 11-24
by Jhacobe Adkison
In March of 2024, Governor Ron Desantis signed Florida HB 1365 into law. HB 1365 created Florida Statute 125.0231 which, among other things, prohibits counties and municipalities from allowing camping or sleeping on public property. This new statute affects the homeless population more than any other group. Sleeping under an overpass or on a bench is no longer an option. Pensacola officials have been deliberating how to comply with the new state law while also caring for its unhoused citizens.
Florida HB 1365 can be divided into three significant parts. The first concerns the prohibition against allowing the homeless population to reside in public spaces overnight. This section of Florida HB 1356 does not punish the homeless outright. Instead, the law puts the onus on the county or municipality. Florida counties and municipalities are forbidden under the law to authorize or allow anyone to stay the night on public property including near roadways. The law never names homeless people specifically. However, the homeless are those most likely to sleep or reside on public property. The next notable section of Florida HB 1365 indirectly concerns the enforcement of the prohibition set out in the former section. It allows residents or business owners of the municipality or county to bring a civil action against that municipality or county for not taking actions to prevent or remove those residing overnight on public property. Counties and municipalities ostensibly will need to enact ordinances or procedures to carry out the new state law, and some already have.
The last significant portion of Florida HB 1365 concerns the creation of temporary encampments. This section of the law allows encampments or sleeping to occur on a designated piece of public property, if approved by a majority vote of the
appropriate governing body, for no longer than a year. These designated encampments would need to comply with a number of regulations and be certified by the Florida Department of Children and Families before they go into effect.
As a result of the enactment of Florida HB 1365, Pensacola has passed Ordinance 11-24, making sleeping on public property illegal in an attempt to avoid litigation related to the new state law. As of November 2024, the ordinance is being enforced. Initial violators are being given warnings. Second violations will be punished by fines not exceeding fifty dollars and/or by imprisonment not exceeding twenty days. Also, in response to Florida HB 1365, the city of Pensacola has been engaged in adding temporary single-room shelters throughout the city.
A city in Oregon, called Grants Pass, had ordinances similar to Pensacola. A punitive class action was filed on behalf of the homeless population in Grants Pass, arguing that the city ordinances prohibiting residing on public property overnight violate the Eighth Amendment. Similarly to the Pensacola ordinance, the Grants Pass ordinance allows fining violators for first time offenses, while allowing the imprisonment of second time violators. Prior to Grants Pass v. Johnson, the Ninth Circuit ruled in Martin v. Boise that the Eighth Amendment’s Cruel and Unusual Punishments Clause precludes cities from enforcing ordinances like the ones in Pensacola and Grants Pass against the homeless population, when the number of homeless individuals outnumbers shelter beds that are “practically available”. After hearing Grants Pass v. Johnson, the Supreme Court of the United States decided that generally applicable laws that regulate “camping” on public property do not constitute cruel and unusual punishment barred by the Eighth Amendment. Thus, any potential constitutional challenges to Florida HB 1365 and Pensacola Ordinance 11-24 face significant hurdles to overcome.
Bottom Line
Family Law and Divorce
By: Stephanie M. Gaherty Secretary, Northwest Florida Paralegal Association
Unfortunately, many people have or will experience the painful experience of going through a divorce. The decision is a very difficult one to make and the divorce process may prove to be more difficult than expected. Whether it is bitter or amicable, many matters are involved when going through a divorce which include, but are not limited to, the following:
1. Child Support. Governed by Florida Statute § 61.30, child support is determined using a standard formula based on the following: (a) each parent’s income; (b) how much time the child(ren) spends with each of the parents; (c) healthcare and daycare costs; and (d) other necessary expenses. Child support is mandatory if the Court deems it appropriate for either the father or mother to pay. The child support obligation continues until the age of 18 or, if necessary 19, if the child(ren) has not graduated high school.
2. Potential Alimony. Unlike child support, alimony is not mandatory and is only awarded by the Court if it deems it appropriate. The Court’s ultimate goal is to prevent a lower earning ex-spouse from facing financial ruin after a divorce. Alimony is governed by Florida Statute § 61.08, which includes four different alimony types. Temporary
Alimony may be awarded during the pendency of the divorce action. Bridge-the-Gap Alimony is limited to two years and is used to help an ex-spouse transition from married life to single life. Rehabilitative Alimony is granted to assist an ex-spouse with the expenses of education or job training. Finally, Durational Alimony provides financial assistance to an ex-spouse based on the length of the marriage and continues for a set period of time. The factors used by the Court to determine the award of alimony include the following: (a) length of the marriage; (b) financial needs and resources of each spouse; (c) standard of living during the marriage; and (d) whether contributions were made during the marriage, i.e. supporting the other spouse’s career. Alimony is awarded at the sole discretion of the judge for each case given its unique circumstances.
3. Equitable Distribution of Debts and Assets. Governed by Florida Statute § 61.075, equitable distribution of debts and assets can be the most difficult due to the many factors the Court considers when making the determination of what is “equitable.” Despite the intent of this statute and the goal of the Court to make the parties “equal” after the divorce, , other factors contribute to the final determination
in dividing marital property. The resulting split may not end up in an exact 50/50 split or even what one party feels is equitable.
Often when one or both parties have pre-marital assets, the premarital assets are not considered when determining equitable distribution. However, if a pre-marital asset is enhanced by the other spouse, i.e. paying down mortgages or spending money to make improvements to a pre-marital home to increase the value, the Court must consider the value of the pre-marital asset when splitting assets.
As you might expect, once the divorce process is initiated it can be very tedious and time-consuming. Being required to divulge all of your personal information and gather the necessary documentation can be very overwhelming; however, managing expectations can often help someone through the process.
For example, married couples going through an amicable divorce can settle all aspects of the divorce through a Marital Settlement Agreement. However, if the parties are not able to agree on all aspects of the divorce, an attorney can often assist and reduce related to the process.
With that being said, THAT’S THE BOTTOM LINE.
