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Jacksonville Record & Observer 2/4/21

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February 4-10, 2021

Basch Report: Appetite for supermarket stocks fading PAGE 6

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JACKSONVILLE

Record & Observer JAX CHAMBER SMALL BUSINESS LEADER OF THE YEAR

COMMERCIAL DEVELOPMENT OUTLOOK

Record Observer FINDING HER&PASSION JACKSONVILLE

JACKSONVILLE

Record & Observer Looking KAREN BRUNE MATHIS EDITOR

for a shot in the arm

JACKSONVILLE

Record & Observer

Commercial real estate is hopeful that the COVID-19 vaccine will revive the industry.

Photo by Katie Garwood

Dr. Bridget Edkin is the owner of Sláinte Chiropractic in Jacksonville Beach. The inscription “Cead Mile Failte” means “a hundred thousand welcomes” and “Sláinte” is a toast to good health in Ireland and Scotland.

After deciding her career path, Dr. Bridget Edkin was determined to start a practice of her own and founded Sláinte Chiropractic.

BY KATIE GARWOOD STAFF WRITER

A

s the daughter of two chiropractors, Dr. Bridget Edkin initially wasn’t sold on following in her parents’ footsteps, or those of six other chiropractors in the family. “Everyone was a chiropractor and I just like to be different,” Edkin said. “So I ran from it.” The Sláinte Chiropractic owner had plans to become a music teacher, but when she could

What’s Trending: Path cleared for Jax Beach Town Center PAGE 2 From the Publisher: GOP legislators don’t do what they preach PAGE 8 The top 10 sales of the week in residential real estate PAGE 16

no longer pay for school, she took time off and became a manager of Cold Stone Creamery, running nine stores in the Northeast. It became clear her passion was not running ice cream stores. “Everywhere I went, I would just get people to go to a chiropractor,” she said. “I’d be like, ‘if you have that, you should go to a chiropractor.’ And people said ‘why don’t you just become a chiropractor?’”

Commercial real estate companies say the economy needs a specific shot in the arm to recover in 2021. “The most important stimulus tool(s) are the vaccines that are being deployed,” said CBRE in its Q4 Marketview report. “They will not prevent a difficult winter but should allow for some normalization of activity by the mid-Q2 2021,” it said. With the travel and hospitality industries likely to operate below their potential, technology and manufacturing should see a quicker path to recovery, it said. Last year began with the November elections anticipated to be the economic unknown. SEE MATHIS, PAGE 4

MORE INSIDE ■ Office, industrial and expert outlooks. Page 3 ■ Retail outlook. Page 4

SEE EDKIN, PAGE 7

THE MARBUT REPORT

The attorney who wrote JEA investigation report Kevin Blodgett spent months on effort. PAGE 10 VOLUME 3, NO. 36 • ONE SECTION


WHAT’S TRENDING

JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER 2 JaxDailyRecord.com

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4, 2021 THURSDAY, FEBRUARY JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

Big news doesn’t break just on Thursday. Here’s a look at some of the top stories published over the past week online at JaxDailyRecord.com and in the Jacksonville Daily Record that you may have missed.

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ABOUT US

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Special to the Daily Record

An artist’s rendering of Jax Beach Town Center on First Avenue North.

Daily Record 121 W. Forsyth St., Suite 150, Jacksonville, FL, 32202 Phone: (904) 356-2466, Fax (904) 353-2628 jaxdailyrecord.com

Daily Record Daily Record JACKSONVILLE ABOUT US

Jacksonville Daily Record and Jacksonville Record & Observer are a division of Observer Media Group Inc.

Jacksonville Daily Record and Jacksonville Record & Observer are a division of Observer Media Group Inc.

Established in 1912, the Financial News & Daily Record, now the Jacksonville Daily Record, is published Monday-Friday and is the Official Court Newspaper of the Circuit Court and publisherbegan of public in Duval County. ing to the Duval County Property ApDemolition Jan.notices 28 in Jackpraiser. 131 First Ave. N., which housed sonville Beach on two First Avenue Jacksonville Record & a free weekly business newspaper available Ruby Beach, was built in 1952. in North buildings toObserver make wayisfor a twoDowntown and keycalled business Jacksonville. To find The buildings are adjacent to a story,Jacksonville mixed-use building Jax nodes throughout location nearTown you, Center. visit jaxdailyrecord.com/rack-locations. Latham Plaza. They are a block from Beach the beach and Seawalk Pavilion. Developer Marc Angelo owns the Editorial content focuses onRuby newsBeach and trends, withAngelo a concentration development, intends toon develop a twobuildings that housed real estate, construction, law, companies, economic and industry trends and how local story, 19,000-square-foot building. It is Brewing Co. and Campeche Bay and state government affects business. to not fully leased, but Angelo said it will Cantina. Ruby Beach is relocating Downtown Jacksonville and Campeche house a restaurant, rooftop bar, retail Bay closed in August 2019. STAFF and event spaces. “It’s just what Jax Beach needs,” he The Campeche Bay building at 127 Publisher / Matt Walsh said. of Advertising / Jay Lesowitz First Ave. N. was built in 1940, accord- Director

Established in 1912, the Financial News & Daily Record, now the Jacksonville Daily JACKSONVILLE Record, is published Monday-Friday and is the Official Court Newspaper of the Circuit Court and publisher of public notices in Duval County.

mwalsh@jaxdailyrecord.com

jlesowitz@jaxdailyrecord.com

Publisher / Matt Walsh mwalsh@jaxdailyrecord.com

Director of Advertising / Jay Lesowitz jlesowitz@jaxdailyrecord.com

Publisher Emeritus / James F. Bailey Jr. jbailey@jaxdailyrecord.com

Advertising Coordinator / Codi Gildberg adassist@jaxdailyrecord.com

Publisher Emeritus / James F. Bailey Jr. jbailey@jaxdailyrecord.com

Advertising Coordinator / Codi Gildberg adassist@jaxdailyrecord.com

Editor / Karen Brune Mathis kmathis@jaxdailyrecord.com

Editor / Karen Brune Mathis kmathis@jaxdailyrecord.com

Legal Advertising Manager / Janet Mohr legal@jaxdailyrecord.com

Managing Editor / Monty Zickuhr Advertising / Rhonda Fisher theAssociate uncertainty, JEA leaderJEA will pause plans to build a “hard- Legal Despite mzickuhr@jaxdailyrecord.com rfisher@jaxdailyrecord.com ened” secondary headquarters building ship intends to complete the $2.44 Associate Editor Legal Affairs / Max Marbut Network Administrator Wagnerpropmillion purchase of/aErik 2.27-acre in LaVilla as the municipal utility remmarbut@jaxdailyrecord.com webadmin@jaxdailyrecord.com

Managing Editor / Monty Zickuhr mzickuhr@jaxdailyrecord.com

Legal Advertising Associate / Rhonda Fisher rfisher@jaxdailyrecord.com

REDEVELOPMENT

Buildings cleared for Jax Beach Town Center

JEA

Legal Advertising Manager / Janet Mohr Utility to halt plans for ‘hardened’ building legal@jaxdailyrecord.com

evaluates its post-pandemic workplace. erty for the facility. Staff Writer Katie Garwood proposed In a /presentation to the JEA board CourtThe Typeset / Paula40,000-square-foot Steiner kgarwood@jaxdailyrecord.com facility would house JEA’s emergency of directors Jan. 28, CEO Jay Stowe admin@jaxdailyrecord.com Staff Writer / Mike Chief Mendenhall operations center and supplement and interim Supply Chain Officer Director of Circulation / Anne Shumate the mmendenhall@jaxdailyrecord.com utility’s eight-story, $64 million to $68 Alan McElroy said the analysis also subscriptions@jaxdailyrecord.com Business Manager Angie Campbell million headquarters could impact/the interior layout of its Distribution / Tim Reagan under construcacampbell@jaxdailyrecord.com tion at 225 N. Pearl St. Downtown. next Downtown corporate office tower. distribution@jaxdailyrecord.com

RETAIL PRESS RELEASE/INQUIRY/REPRINTS Submit a press release or editorial SuperTarget inquiry online Beach Boulevard to be remodeled jaxdailyrecord.com/submit-news-release or email editorial@jaxdailyrecord.com. at 13740 Beach Blvd. at an estimated Target Corp. is preparing to remodel Article reprints are available at jaxdailyrecord.com cost of almost $4.3 million. the SuperTarget at southeast Beach The spokesperson for the Minneand Hodges boulevards with what a HOW TO SUBSCRIBE apolis-based discount retail company spokesperson calls the company’s Subscribe at jaxdailyrecord.com/subscribe orthe contact our subscription said company has increased its “mostonline ambitious store redesign to department subscriptions@jaxdailyrecord.com investment to “enhance the guest date.” by phone at (877) 231-8834 or email experience with the next generation of The city is reviewing a permit appliPRICES store design.” cation for Target to remodel the store Thursday only ..........$66 per year 2 years ................................... $154 Single copy ......................35 cents 1 year ........................................$89 6 months .................................$55

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Jacksonville Record & Observer is a free weekly business newspaper available in Downtown Jacksonville and key business nodes throughout Jacksonville. To find a location near you, visit jaxdailyrecord.com/rack-locations. Editorial content focuses on news and trends, with a concentration on development, real estate, construction, law, companies, economic and industry trends and how local and state government affects business.

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Associate Editor Legal Affairs / Max Marbut mmarbut@jaxdailyrecord.com Staff Writer / Katie Garwood kgarwood@jaxdailyrecord.com

advertise@jaxdailyrecord.com Don’t miss a story. Subscribe to the Daily Brief and we’ll send our top news to you Monday-Friday morning via email. To sign up, visit JaxDailyRecord. Legal Advertising: Submit public viaenter email to legal@jaxdailyrecord.com com and look for the “Signnotices up” box, your email and you’ll be set.

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Staff Writer / Mike Mendenhall mmendenhall@jaxdailyrecord.com Business Manager / Angie Campbell acampbell@jaxdailyrecord.com

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PRESS RELEASE/INQUIRY/REPRINTS Submit a press release or editorial inquiry online jaxdailyrecord.com/submit-news-release or email editorial@jaxdailyrecord.com. Article reprints are available at jaxdailyrecord.com

HOW TO SUBSCRIBE Subscribe online at jaxdailyrecord.com/subscribe or contact our subscription department by phone at (877) 231-8834 or email subscriptions@jaxdailyrecord.com PRICES 2 years ................................... $154 1 year ........................................$89 6 months .................................$55

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There’s a shortcut to staying in the loop Display & Digital Advertising: Call Jay Lesowitz at (904) 356-2466 or email

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HOW TO ADVERTISE Display & Digital Advertising: Call Jay Lesowitz at (904) 356-2466 or email advertise@jaxdailyrecord.com Legal Advertising: Submit public notices via email to legal@jaxdailyrecord.com

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JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

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THURSDAY, FEBRUARY 4, 2021

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COMMERCIAL DEVELOPMENT OUTLOOK

‘SHOWING SIGNS OF LIFE’ BY KAREN BRUNE MATHIS • EDITOR

Jacksonville’s office, industrial and retail markets continued responding to the effects of the COVID-19 pandemic at year-end that had sidelined some of the industries since the shutdowns in March. Some sectors fared better than others. Here is what Avison Young, CBRE, Colliers International, Cushman & Wakefield, Franklin Street, JLL and NAI Hallmark are saying about the market at the close of 2020.

WHAT THE EXPERTS ARE SAYING INDUSTRIAL

“Including private ports, Jacksonville is the largest container-port complex in Florida, partly thanks to an average annual 14% growth rate in traffic from Asian ports in the past five years.” NAI Hallmark OFFICE

“There is a cautious optimism that with the COVID-19 vaccine rollout in effect, comfort levels with returning to the office will increase.” JLL RETAIL

“I think we’ll see new construction starts slow down a bit, while developers and lenders patiently see how retail evolves post-pandemic.” Franklin Street

al remains probably the most sought-after product type in commercial real estate and that continues to prove out in the capital markets.” Colliers International INVESTORS

“Nearly two-thirds of all transactions over the past year were acquired by private investors, including the sale of the Bank of America Tower complex to New York-based Group RMC.” Avison Young ECONOMY

“Besides Construction and Wholesale Trade, all other major employment sectors forfeited jobs in the last 12 months.” Cushman & Wakefield

CAPITAL MARKETS

OUTLOOK

“Capital markets activity in the office world remains challenging as investors are struggling to get their arms around the stability of the rent roll. … Industri-

“Presently, we anticipate GDP growth nearing 5% in 2021 with upside risk.” CBRE

OFFICE

Vacancy stable as tenants reevaluate space needs Office tenants generally were at the mercy of COVID-19 in the last quarter of 2020, making their leasing decisions during the uncertainty of when vaccines would return a sense of normalcy and allow them to settle into a more predictable use of space. Overall vacancy rates were slightly higher from midyear, as were average rental rates, although prices fluctuate depending on the area. Employers sent many workers home to work remotely after the pandemic shutdowns in March. “The Jacksonville office market has not fluctuated much since the end of the first quarter,” wrote CBRE in its Q4 2020 Marketview report. “Tenants continue a wait and see approach until they decide what their office space needs will be going forward.” Colliers International said in its Q4 2020 Market Snapshot that the office market has been challenging for most of 2020. “Almost every tenant in the market is reevaluating its space needs and some are eliminating their offices completely,” it said. That led to some large tenants, such as Florida Blue, State Farm and OneCall, to vacate some of their office space and make it available for sublease. “It is still too early to determine the long-term impact on the office market,” said NAI Hallmark in its Q4 2020 Market Report. Some tenants did move and expand, such as Freedom Mortgage and The CSI Companies, and there are

9.1-17.4% Overall office vacancy rate

Average asking lease rate per square foot: $21.10 to $22.09 Average Northbank Downtown vacancy rate: 9.6 to 17.92% Average Southbank Downtown vacancy rate: 6.78 to 10.3% Average suburban vacancy rate: 16.5 to 17.4%

a few speculative office buildings on the market. Cushman & Wakefield said in its Q4 Marketbeat that leasing activity slowed in the last half, while new leasing activity focused on older Class B buildings. Avison Young said in its Office Market Report that new developments are expected to focus on flexible design to incorporate wellness and/or provide a mixed-use element to create a “livable” workspace. And a bright spot: “Large blocks could service corporate relocations as companies migrate to Florida from high-tax states,” said JLL in its Q4 2020 Office Insight.

5.3-6.6%

Overall industrial vacancy rate Average asking lease rate per square foot: $4.85 to $6.91

INDUSTRIAL

E-commerce driving big leases and increased supply of space Average industrial vacancy rates generally tightened in Northeast Florida from midyear, although some areas experienced increases as more warehouses and distribution centers opened. That caused average lease rates to drop as well, although those have been rising in recent years. “Jacksonville’s industrial market finished 2020 much the same way it started the year: with tremendous demand, limited supply of modern space and high rents,” said Colliers International in its Q4 2020 Market Snapshot. Cushman & Wakefield said in its Q4 2020 Marketbeat that as a major distribution hub, the bulk of the area’s new leasing was in warehouse-distribution. “In 2020, Jacksonville remained a hot build-to-suit market for e-commerce companies that wanted a location that could service Florida as well as parts of the Southeast,” it said. Most of the new leasing and construction are in North Jacksonville, which led to one of the higher vacancy rates as new warehouses hit the market, it said. CBRE said in its Q4 2020 Marketview report that more than 2.2 million square feet of new construction was completed in 2020. It also said that of the 4 million square feet of speculative constructions completed since 2019, more than 3 million has been leased. Big tenants include Amazon.com, Ulta Beauty, Margo State Line and Samsonite. More tenants are on the way. “A diverse set of tenants continues to show interest in the market for its connectivity to the southeast United States, active shipping port and relative discount to other markets,” said JLL in its Q4 Industrial Insight. NAI Hallmark said in its Q4 2020 Industrial Market Report that while most recent projects focused on single-tenant, big-box buildings, there is a lack of supply for small-bay warehouses. “Small scale development is very limited,” Colliers said of 20,000-50,000-square-foot spaces.

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JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

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THURSDAY, FEBRUARY 4, 2021

JaxDailyRecord.com

COMMERCIAL DEVELOPMENT OUTLOOK RETAIL

Sector looks brighter but pandemic fallout not over Retailing’s future looks better now than it did in March, although the average vacancy rate is higher than it was midyear. March was when COVID-19 shut down the economy, hitting the retail industry particularly hard with mandated safety protocols in the face-to-face part of the industry. “We went into 2020 seeing some of the highest rents, new construction starts, and sales volumes by retailers, anticipating 2020 being a banner year for the industry,” said Carrie Smith, managing director of retail for Franklin Street.

Mathis CONTINUED FROM PAGE 1

Then came the pandemic and the shutdowns starting in March. Office and retail markets suffered as safety protocols kept workers and customers away from group settings. The industrial and warehouse market geared up to meet the demands of e-commerce and distribution companies. People at home ordered food and household items and invested in home improvement

“And things were looking that way until March, when there was a literal stop on deals for a couple of months.” The deals are picking up. “Jacksonville’s retail market is showing signs of life that (belie) the headline numbers,” said Colliers International in its Q4 Market Snapshot. Colliers said quick-service restaurants, grocers and automotive, gas and boutique fitness users are active. Their common thread is sales growth and capitalization, meaning owners are taking the opportunity to expand their

market shares. NAI Hallmark said in its Q4 2020 Market Report that Dollar General and hardware stores, such as Ace Hardware, have been expanding. Smith believes the closed Stein Mart stores are in strong retail areas and could become supermarkets, home improvement stores, home décor retailers and fitness centers. Larger boxes, like closed J.C. Penney Co. and Sears stores, typically are in malls and could be taken down for development of apartments, town houses or office use; reused as e-com-

merce distribution centers; or backfilled with one or two retailers like Target. Rooms To Go bought the former Toys R Us propety in The Markets at Town Center. The commercial real estate reports said Northeast Florida’s strongest geographic retail markets are the St. Johns Town Center, Beaches, San Marco, Riverside/Brooklyn and Oakleaf areas and Northern St. Johns County, including World Golf Village, Beachwalk and RiverTown. “North St. Johns County remains heavily sought after for almost all retailers and restau-

supplies. The COVID-19 shots are expected to help the office market, which saw tenants send home their workforces during the pandemic. “There is a cautious optimism that with the COVID-19 vaccine rollout in effect, comfort levels with returning to the office will increase,” said JLL in its Q4 2020 Office Insight. Avison Young stated that “2020 was a year like no other.” It expects 2021 to be different. “The fear that personified the beginning of the current pandemic continues to fade and with a contentious election cycle

behind us and COVID-19 vaccine distribution in front of us, attention can now turn to promoting job growth and reversing the occupancy losses sustained during 2020,” it said. On June 8, the National Bureau of Economic Research announced that the 128-month expansion ended in February 2020. It was the longest economic expansion in the U.S. dating back to 1854. Gross domestic product – the value of goods and services produced in the U.S. – fell in the first two quarters of 2020 and rebounded in the third

and fourth. The bureau has not declared the recession has ended. NAI Hallmark said in its Q4 2020 Market Report that retail demand “may have the opportunity to pick back up again once a vaccine is also made widely available.” Franklin Street Managing Director Carrie Smith expects a return to strength in the retail sector. “At the start of the pandemic, we were all making our way through uncharted territory hour by hour. Most assumed there would be large-scale fallout similar, or worse, than what

5.2%

Overall retail vacancy rate Average asking lease per square foot: $18.16

rants,” Smith said. Colliers forecasts increased leasing interest. “Retailer fallout from the pandemic is not likely over as many are still relying on assistance programs and reserves,” it said. However, “leasing activity should continue to accelerate into the summer, returning to a more normal leasing environment in the second half of the year.”

we saw in the last recession,” she said. That wasn’t the case. “Once we got around the first lockdown, deal flow started to pick back up again.” Smith said business has been steadily picking up since the summer. “Going into this year, we’re predicting a robust 2021 with pipelines showing signs of deal flow very close to pre-pandemic 2020 levels,” she said. KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

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FROM STAFF

File image

Brookdale Southside Senior Living at 9601 Southbrook Drive sold for almost $63.4 million.

DUVAL

DUVAL

DUVAL

DUVAL

DUVAL

$63,350,313

$6,328,000

$4,186,000

$3,800,000

$1,750,000

9601 Southbrook Drive, Jacksonville

2600 Philips Highway, Jacksonville

Corporate Square Court, Jacksonville

9954 Heckscher Drive, Jacksonville

6729 Blanding Blvd., Jacksonville

Type: Brookdale Southside Senior Living Parcel size: 32.91 acres Building size: 18 buildings totaling 342,150 square feet Buyer: OHI Asset (FL) Jacksonville LLC Seller: HCP Jacksonville LLC Previous sale: $29,150,000 in 2002

Type: San Marco Promenade Phase II Parcel size: 6.62 acres Buyer: Chance River Oaks LLC Seller: Chance Philips Owner LLC

Type: Undeveloped multifamily Parcel size: 20.16 acres Buyer: Sawyers Preserve 214 LLC Seller: Sawyers Preserve LLC Previous sale: $1,875,000 in 2020

Type: Fort George Island Marina Parcel size: 2.97 acres Building size: Two buildings totaling 43,820 square feet Buyer: FGIRK LLC Seller: Fort George Island Marina LLC

Type: Family Dollar Parcel size: 1.3 acres Building size: 9,180 square feet Buyer: Talley II LLC Seller: Morse Blanding LLC

DUVAL

DUVAL

DUVAL

DUVAL

DUVAL

$1,700,000

$1,400,000

$1,211,300

$1,100,000

$1,070,000

9760 San Jose Blvd., Jacksonville

323 E. Bay St., Jacksonville

5741 N. Main St., Jacksonville

515 E. Ninth St., Jacksonville

1754 E. Seventh St., Jacksonville

Type: Office retail Parcel size: 0.66 acres Building size: 2,536 square feet Buyer: SEI Real Estate LLC Seller: NA San Jose Blvd. LLC Previous sale: $1,000,000 in 2019

Type: Commercial Parcel size: 0.13 acres Building size: 15,759 square feet Buyer: 323 E Bay Street RE LLC Seller: Insetta Family Properties LLC Previous sale: $634,800 in 2015

Type: Value Pawn & Jewelry Parcel size: 0.46 acres Building size: 7,200 square feet Buyer: R. Campagna Realty LLC Seller: HH VP LLC

Type: Warehouse Parcel size: 2.08 acres Building size: Three buildings totaling 41,062 square feet Buyer: Rethreaded Inc. Seller: Boundless Futures LLC Previous sale: $350,000 in 2015

Type: Open storage Parcel size: 7.16 acres Building size: 2,126 square feet Buyer: Independence Recycling of Florida Inc. Seller: JSM Legacy LLC Previous sale: $345,000 in 1988

Florida Medical Malpractice

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or 20 years, attorney Sean Cronin has helped clients in Florida with

COMMERCIAL REAL ESTATE

Top commercial sales of the week Here are the top 10 commercial real estate sales in Northeast Florida, comprising Duval county. The sales were recorded Jan. 25-31.

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THURSDAY, FEBRUARY 4, 2021

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JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

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THURSDAY, FEBRUARY 4, 2021

JaxDailyRecord.com

THE BASCH REPORT

Supermarket stocks losing their luster

MARK BASCH CONTRIBUTING WRITER

File image

Southeastern Grocers pulled its IPO in a weak market as investors see the pandemic grocery boom ending. After supermarket sales surged during the COVID-19 pandemic in 2020, it seemed like the ideal time for Southeastern Grocers Inc. to go public. However, the Jacksonvillebased parent of Winn-Dixie and two other supermarket chains pulled its initial public offering off the market last week with Wall Street losing its appetite for grocery stocks. The Dow Jones U.S. Food Retail & Wholesale Index fell 3.9% in January as investors anticipate grocery sales returning to normal this year. A day before Southeastern Grocers pulled its IPO, Wells Fargo analyst Edward Kelly downgraded Albertsons Companies Inc. from “overweight” to “equal weight.” Albertsons went public in

Winn-Dixie parent company Southeastern Grocers planned to go public, but reports say it halted its IPO because investors weren’t interested in its price range of $14 to $16 per share.

supermarkets as difficult longterm investments given structural issues like fierce competition, a relatively weaker price position, the shift to digital, and its high cost unionized workforce,” Kelly wrote. “While we are not as negative as most, it’s hard to see this narrative changing as momentum turns more negative this year,” he wrote.

Landstar expects e-commerce spike in demand to ease

June 2020 when sales were peaking for supermarket operators. “We are bullish on the recovery in dining out as vaccinations grow given significant pent-up demand, which is likely to result in grocers giving back recent sales gains,” Kelly said in his report. “Most grocers have argued that food at home should retain at least some COVID-related gain, but high vaccine efficacy could result in a reasonably fast return to normal habits,” he said. Southeastern Grocers didn’t give a reason for pulling its IPO but Reuters news service reported investors were not willing to pay company’s hoped-for price range of $14 to $16 per share. The Albertsons stock had traded below its IPO price of $16 before a spike in January brought it to the upper teens. “Investors rightfully view

Landstar System Inc. last week reported higher-thanexpected fourth-quarter earnings. However, the Jacksonvillebased trucking company expects the spike in e-commerce demand that increased its business in late 2020 will ease in the first quarter. Landstar reported earnings of $1.70 a share, more than 25 cents higher than the company had forecast. Revenue jumped about 30% to $1.296 billion. “Although, I expect strong demand to continue through the 2021 first quarter, the impact of the year-end spike in e-commerce on truck rates and volume is expected to subside,” CEO Jim Gattoni said in Landstar’s conference call with analysts. “Therefore, I expect quarter-over-prior-year-quarter growth in truck rates and volume in the 2021 first quarter, compared to the 2020 first quarter, to be somewhat below

the exceptional growth rates of the 2020 fourth quarter,” he said. Landstar is projecting earnings of $1.55 to $1.65 and revenue of $1.1 billion to $1.15 billion for the first quarter.

Johnson & Johnson vision sales dip Johnson & Johnson last week reported sales at its Jacksonville-based vision care division fell 5.7% in the fourth quarter to $1.076 billion. However, the medical products giant said the sales drop resulted from inventory corrections and it expects growth in its contact lens business. “We believe that our position overall in the contact lens (business) has continued to strengthen, and we did see improvement as we went quarter to quarter and ended the year, and we think we’ll be well-positioned as we enter 2021,” CEO Alex Gorsky said in Johnson & Johnson’s conference call.

Pandemic closes Ameris branches After the company reopened bank branches in the third quarter, Ameris Bancorp closed the branch lobbies again in late 2020 because of a rise in COVID-19 cases. “We really don’t anticipate having them open until March or we start seeing some positive swings in the cases,” CEO H. Palmer Proctor said in the

company’s conference call last week. Ameris is serving customers online, through its drivethrough lanes and by appointment in its offices. “That being said, we are extremely pleased to be in the Southeast because I can tell you, many businesses here are back open. Restaurants, retail shopping and certainly traffic continues to pick up every day, so that’s encouraging to see,” Proctor said. “But we all still need to remain diligent and careful.” Ameris, which moved its executive offices from Jacksonville to Atlanta in 2019, has 164 branches in Florida, Georgia, South Carolina and Alabama. Ameris reported fourthquarter adjusted earnings of $1.47 a share, up from 96 cents in the fourth quarter of 2019.

International Baler reports loss International Baler Corp.’s sales for the fiscal year ended Oct. 31 fell 5.7% to $8.99 million, according to its annual report filed last week. The Jacksonville-based maker of baling equipment used for recycling and waste disposal had a net loss of $408,415, or 8 cents a share, for the year. The company said the decline in sales resulted mainly from economic conditions. MBASCH@ JAXDAILYRECORD.COM

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Photo by Katie Garwood

Sláinte Chiropractic owner Bridget Edkin accepts the 2021 JAX Chamber Small Business Leader of the Year award on Feb. 2 from last year’s winner, Martin Coffee Co. owner Ben Johnson.

ceive and to help babies who have trouble breastfeeding or have developmental delays in crawling, walking or speaking. Edkin said she has seen children who had never spoken say their first words and couples who tried other fertility treatments become pregnant after receiving their chiropractic treatments. There are two other Gonstead practices in the region, but Sláinte is the only one that uses Insight technology to scan and map out

the nervous system. The most similar practices to Sláinte are in Atlanta and Orlando. She hopes to open two more practices in Jacksonville to make her services more accessible to people throughout the region and state. Some patients come from as far St. Augustine and Lake City. She also wants to add two doctors to the Jacksonville Beach office so it can treat up to 1,000 patients a week. On top of wanting Sláinte Chi-

ropractic to be “the Mayo Clinic of chiropractic,” Edkin said she also hopes the practice is somewhere people want to revisit. “I just want to help a lot of people,” she said. “When my children grow up and become fourthgeneration chiropractors (I hope) that they have a place to come and practice that they love.” KGARWOOD@ JAXDAILYRECORD.COM (904) 356-2466

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Edkin decided to take a community college anatomy and physiology course and told herself if she did well, she would consider chiropractic school. She “aced it without even thinking about it.” She started school at Palmer College Chiropractic in Port Orange in 2013 to study the Gonstead technique. From there, she fell in love with the profession and set a goal to open her own practice. As she nears four years in business in March, Edkin was named the JAX Chamber Small Business Leader of the Year, an honor that requires a Chamber member to be in business for at least three years. Edkin is a member of the chamber’s Beaches Division. She was one of a dozen Small Business Leaders of the Year among the chamber’s 10 councils and two divisions. The chamber named her the overall winner Feb. 2. Edkin, 36, said she wanted to open a private practice after graduating, but her family and professors discouraged her. But she was determined to work for herself. “The majority of people don’t have the income to open up, and I didn’t have it either,” she said. “You go to bank after bank and you ask for loans and they tell you no. So I basically crowdsourced enough money to open my practice and opened on a shoestring.” Her office at 2370 S. Third St. was already built-out and just needed new paint and an X-ray machine. She signed the lease March 1, 2017, and Sláinte Chiropractic opened 22 days later. “Sláinte” is a common toast to good health in Ireland and Scotland.

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Edkin

Even before opening, Edkin had 10 to 15 networking meetings a week, trying to establish the business before it opened. On opening day she had 85 clients. Today, her practice treats about 200 patients a week. Edkin said she’s been able to grow her practice through networking events, word-of-mouth and engaging with the community. Before the COVID-19 pandemic she would attend festivals and host lunch-and-learn sessions with businesses. Jacksonville’s friendly business environment also was a factor in her company’s growth, she said. “It’s just the easiest place to open up a business because so many people care about you,” she said. “I think that’s something that not every city has.” Owning a chiropractic practice hasn’t come without challenges. Edkin said the profession is not as widely accepted as traditional medicine and some people have had bad experiences with chiropractors. “Have you ever had a bad haircut? Everyone’s going to say yes, but you don’t stop getting your hair cut. You just find a new hairdresser,” she said. “I encourage people if you’ve had a bad experience with a chiropractor, that there are other ones out there that are going to take more time and more care to be able to serve you.” Sláinte offers Gonstead chiropractic, which is neurologically based and focuses on how the brain is communicating with the body through the spine. She focuses on adults, while her husband, Vincent Farrar, is a pediatric chiropractor. They have two young children. Farrar and Edkin provide adjustments to help couples con-

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JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

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THURSDAY, FEBRUARY 4, 2021

JaxDailyRecord.com

FROM THE PUBLISHER

GOP legislators don’t do what they preach

MATT WALSH PUBLISHER

On the issue of public notice, Florida GOP lawmakers are hypocrites. They say they’re for less government, more transparency and free enterprise. That’s not what they do. Here we go again. The annual Hatfield-and-McCoy shootout between Florida’s Republican legislators and Florida’s mostly liberal daily newspapers. For the most part, Florida’s Republican lawmakers — especially those in leadership positions — despise Florida’s newspapers, especially the Miami Herald, Tampa Bay Times, Orlando Sentinel, South Florida Sun-Sentinel and Palm Beach Post. And these lawmakers have longed to shoot enough buckshot through those newspapers to shut them down. Or at least seriously hurt them financially. This year, in the 2021 legislative session, Gov. Ron DeSantis, Senate President Wilton Simpson and House Speaker Chris Sprowls appear more determined than ever. They are lined up to win, and their weapon of choice is going to be House Bill 35. The plan: Change the statutes to shift mandated public notices out of newspapers and onto government websites. It’s not an idea that’s likely to stir most unsuspecting taxpayers and voters. Indeed, it’s not a major social issue like abortion or guns or health care for the poor. But it is an important issue. It affects every Floridian every day. Indeed, it goes to the heart of making sure state and local governments and all of their agencies operate openly and transparently. It goes to the heart of giving Floridians the

ability to have a say in how their state and local governments operate. And in many instances, it also goes to the heart of due process — protecting Floridians from having their properties unfairly and illegally confiscated. But little of that matters to Republican lawmakers. The fact state and local governments and their agencies outsource the publishing of this information to newspapers and pay newspapers to publish them drives the anti-press lawmakers crazy. To them, publishing notices in newspapers is nothing but a subsidy for the businesses that constantly criticize what they do. DeSantis, Simpson, Sprowls and dozens of other Republican lawmakers are determined to end that. And what better way to do that, in this digital, online age, than to decree all notices can be published on government-controlled websites. Dear Readers, this is a bad, bad idea. Bad for taxpayers, bad for Florida. We will show you why and propose an alternative. PROTECTIONISM

Full disclosure: Our company and all of the paidsubscription newspapers in Florida generate revenue and profits from publishing government-mandated public notices. So it’s easy to conclude our company, the Daily Record & Observer LLC, and our parent, Observer Media Group Inc., have a vested interest in protecting the status quo. But in fact, our company has been lobbying for more than a decade that the state’s public notice laws need reforming and updating. In part, we’ve been making the same argument lawmakers have made — that the Legislature decades ago crafted public notice laws in a way that gives daily newspapers and paid-subscription newspapers a protected monopoly on the publishing of public notices (and the taxpayer dollars governments pay to have them published). In fact, we’ve argued, and continue to do so, that the state’s daily newspapers are exactly what their editorials often criticize: They’re a special interest that uses the Legislature for special protectionism. While lawmakers complain about the cost to taxpayers of

Special to Daily Record

Some of Florida’s Republican lawmakers want the state to stop paying to print public notices in newspapers and instead put them on government websites.

publishing public notices, a portion of that cost is a direct result of the lack of competition they created to begin with. At the risk of too much regulatory mumbo jumbo, here’s the deal: To qualify to publish public notices, newspapers, among other things, must publish five or more days a week. They also must have a periodical permit from the U.S. Postal Service, which requires more than 50% of the paper’s distribution to be paid subscribers. That means free weekly newspapers are ineligible for public notices — if the government body wants to meet its requirements for valid public notices. Many municipalities still publish notices in their communities’ free weeklies because they know the notices reach and are read by the taxpayers the cities and counties want to reach. So here’s one of the conundrums of the statutes: The laws apply to a changed marketplace. Readership and circulation of free weeklies now surpass the readership of paid dailies in many of Florida’s markets. What’s more, the cost to publish in free weeklies often is less than the cost to publish in the local paid daily. Stand-alone websites are also prohibited from qualifying to publish public notices. The newspaper industry thwarted the threat of these potential competitors’ websites when it lobbied the Legislature to modify the statutes by requiring papers that publish public notices in print to post all notices on their websites

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NO PUBLIC OUTCRY

Here’s another barometer: Not once in a quarter-century has a consumer group or mobs of angry citizens lobbied lawmakers for changes in public notice laws. There is no public outcry for changing the state’s public notice laws. The only groups that complain are local governments and one-off lawmakers who want revenge and retribution against their local newspaper for having published critical and/or unflattering reports about them. Local government bureaucrats complain primarily during recessions, when they must cut their budgets. They say they will save taxpayers millions of dollars by not having to publish notices in newspapers — if only they could post public notices on their own websites. This is baloney. The cost of public notice advertising for most local governments is hardly noticeable in the scheme of annual spending. One example: Two years ago, when we measured public notice spending for Sarasota County, it amounted to 0.02% of a $1 billion budget —

DANGERS OF ONLINE ONLY

The issue is much more than that. There are multiple issues. Let’s parse them and finish with a recommendation. A dramatic subsidy? Perhaps a more precise depiction would be a government-sanctioned monopoly. Lawmakers did this. They gave paid-subscription daily newspapers a monopoly. No one in his right mind today would consider starting a daily newspaper for the purpose of

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as well — at no charge. The industry also created floridapublicnotices.com, a site that aggregates all notices from around the state — at no charge. Those two steps made Florida’s public notice laws a national model. Indeed, to a large extent, you can argue Florida public notice laws are working — except for the lack of competition.

$267,000. That’s typical. These local government officials should be honest. The money is a cover for their real objections. Many of these officials don’t like paying to do business with what they regard as an adversary and enemy. They think public notices are a nuisance, a time suck for staff. They believe their lives would be much easier if they handled public notices on their own websites. After all, isn’t that where the world is — online? Who reads newspapers? the argument goes. Rep. Randy Fine, R-Palm Bay, agrees with all of this. Fine is regarded as one of the Legislature’s Republican bulls and bullies. If he comes up with a legislative proposal, he cares little about anyone’s objections. He showed this last session when, seemingly out of nowhere, he proposed that New College of Florida, based in Sarasota, be merged with one of the other larger state universities. That totally surprised Sarasota-Bradenton lawmakers and the New College administration. Two years ago, after the Florida Today newspaper published critical stories about Fine, he responded by filing a bill that no longer would require public notices to be published in newspapers. The law would allow them to be published on “publicly accessible websites,” e.g. government-operated websites. The bill died. It died in the Senate in 2020. Now, it’s back again. Last year, while speaking in committee on behalf of the bill, Fine told his colleagues: “The problem is the dramatic subsidy and cost that we’re putting on local governments by requiring them to buy these ads that people aren’t reading at vastly inflated prices. That is where the issue is.”

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creating competition for public notices. And if the dailies’ prices are too high, as Fine says, hello, that’s what happens when there is little competition. A subsidy? Fine and others seem to forget there is work involved handling and publishing public notices. Just as governments pay other private vendors to perform outsourced services, the same goes for newspapers. There is a cost to paper, printing and distribution. Rep. Fine, like many other lawmakers, also argues it no longer makes sense that public notices have not migrated to online-only publishing in this age of digital information. It would be so much more efficient if government agencies were allowed to post public notices on their own websites, they argue. This has multiple dangers. Who trusts any government to be 100% honest and transparent? Who wants the government to be the sole disseminator of public information? What’s more, who trusts that information on the internet is authentic, reliable, trustworthy and verifiable — all crucial to public notices? That public notices flow through newspapers, a third party, is a safety mechanism for taxpayers. As part of their job with notices, newspapers are required to file sworn affidavits acknowledging the veracity and time of the notices and to archive notices in perpetuity in the event they are challenged. Governments can do that, too, but who trusts a fox in the henhouse?

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THURSDAY, FEBRUARY 4, 2021

9

ESSENTIAL ELEMENTS OF PUBLIC NOTICE The Public Notice Research Center, a national 501(c)(3) organization that provides research and education in support of effective public notice, describes the following as the essential elements of effective public notice: Accessible: “Every citizen in the jurisdiction affected by the notice must have a realistic opportunity to read it.”

Verifiable: There must be a way to verify that each notice was actually published in accordance with the law.

Archivable: Notices must be capable of being archived in a secure and publicly available format for the use of the judicial system, researchers and historians.

For a more detailed discussion of public notices, you can request a copy of the Public Notice Research Center’s 32-page booklet: “Public Notice: An American Tradition, An Examination of the Role of Newspapers in Public Notice.” Send your request to: mwalsh@JaxDailyRecord.com.

Independent: Notices must be published by organizations independent of the government body or corporation whose plans or actions are the subject of the notice.

Here’s another serious flaw with governments publishing notices online: Few people would see them, negating two of the purposes of public notices — visibility and accessibility. For instance, whom do you know would spend the time every day or weekly searching government websites specifically for public notices of tax increases, zoning changes, water-use permits, deaths of creditors, upcoming public meetings and dozens of other government actions that affect taxpayers? One of the positives of still having notices in print is the serendipitous nature of them. When readers page through their local paper, they discovers unexpected news and information. Likewise with public notices. Newspapers push out notices to the public. When online, they sit in darkness until someone seeks them out. That’s not public notice. The result of online-only notices: less government

transparency than what exists now. REPUBLICANS ARE HYPOCRITES

Altogether, here is the paradox of what Rep. Fine and other Republican lawmakers want when they say government agencies should publish online public notices: They are hypocrites. Republicans tout themselves as the advocates and champions of smaller government; government transparency and accountability; and, private enterprise, jobs and market competition. But almost everything they are proposing with HB 35 will achieve the opposite: bigger government; more government cost; more government control and power over public information; less transparency for the public; and less private enterprise and fewer private jobs. Florida’s public notice laws need reforming to fit the times. But that doesn’t mean simply

shifting them all online — for the reasons cited above. Indeed, daily print newspapers may be declining in readership, but free weekly newspapers are thriving, and both still are relevant and a valid source for public notice because of the serendipity described above; accessibility in print and online; and the veracity and verifiability. In our libertarian world, we would let the marketplace decide how to operate public notices. Let the purveyors of public notices decide which media make the most sense to disseminate their public notices — newspapers, TV stations, websites, radio — for effective public notice. And let private businesses that want to publish the notices compete. They would do so on the basis of meeting their customers’ needs, e.g. effectiveness, transparency, cost, accessibility, reliability and verifiability. We know that scenario is unlikely. By the same token, to adopt Rep. Fine’s legislation (or

an even worse proposal in Senate Bill 402) would ignore and disregard what is really needed. Public notices — the act of keeping citizens and taxpayers informed of their governments’ activities — are essential and necessary for a proper functioning democratic republic. As such, they deserve serious deliberation. If DeSantis, Simpson and Sprowls want to serve Floridians, rather than adopt HB 35, they should examine and explore the following questions: In this age of digital information, what would be the most effective form of delivering effective public notices? What would be the best, most effective way to serve the taxpayers’ needs? We would urge Florida’s lawmakers to be thoughtful and smart. Answer those questions before changing anything. If anything needs a barrage of buckshot, it would be HB 35. MWALSH@ JAXDAILYRECORD.COM

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THE MARBUT REPORT

JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

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THURSDAY, FEBRUARY 4, 2021

Kevin Blodgett: The writer behind the JEA investigation report

MAX MARBUT ASSOCIATE EDITOR

The Smith Hulsey & Busey lawyer was the “principal scrivener.” The Report of the Special Investigatory Committee on JEA Matters presented Jan. 4 to City Council represented a different type of work for the Smith Hulsey & Busey law firm. It also helped Kevin Blodgett, the 36-year-old associate attorney who led the investigation and prepared the first draft of the report, to become a shareholder in the firm three days before the document was delivered. The 132-page report and the accompanying 242-page event chronology details what happened beginning Dec. 20, 2017, when JEA issued a request for

proposals for financial services related to the possible sale of the publicly owned utility. It concludes with events on Dec. 24, 2019, when JEA’s board of directors called an emergency meeting and voted unanimously to end the effort to sell the city’s provider of electric, water and sewer services. The fallout included the termination of Aaron Zahn, JEA’s CEO during the halted sale process, along with JEA’s senior leadership team, and suspicion that Mayor Lenny Curry’s staff and one of his campaign advisers may have been involved behind the scenes. “We’re not a political law firm,” said Steve Busey, chairman of the practice. “I was apprehensive about getting involved. It was so political and so divisive and had such possibility for a bad outcome.” Despite his concerns, Busey accepted the job and assigned Blodgett to be the lead finder of fact. A graduate of Tulane University School of Law in New Orleans, Blodgett was working in a Tallahassee law firm when he gained Smith Hulsey’s interest.

In 2018, Busey said, some of the firm’s litigators were working on a case with Blodgett and were impressed by his work ethic. “John Thomas said he called Kevin at all hours of the evening. Invariably, he found Kevin in his office at night, working. He said we ought to get that guy here if we can,” Busey said. Busey wasn’t sure whether Blodgett would consider an offer to make the move, but that turned out to be unfounded. “I was told that Kevin said, ‘all I need is a place to work, a gym and a movie theater. If you’ve got that, I’ll be happy.’ “Because of his apparent capability and work ethic, we persuaded him to come over and join us. It turned out to be one of the best things we’ve ever done,” Busey said. Blodgett settled in. “I feel at home. I’m lucky to be here and it’s a really good fit,” he said. On Dec. 10, 2019, when the law firm became special counsel to the committee, Busey assigned Blodgett to the case. “That project involved a lot of factual digging, looking at thousands and thousands of documents and, over the course of a year, transform-

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ing that work into writing a report,” Busey said. He describes Blodgett as the principal “scrivener,” the legal term for someone who writes a document for another. After reviewing documents for nearly nine months, writing the report was “my waking life for 2½ months,” Blodgett said. “Doing something new and writing a narrative about what we felt happened and how it happened was a good opportunity for me to develop my skills in a way I hadn’t done before,”

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Blodgett said. “ I definitely became a better writer because of the breadth of the report.” Being the committee’s special counsel also benefits Smith Hulsey & Busey. “We’ve gotten a lot of favorable feedback on the report from all corners of the community. It’s good exposure for the firm and the talents of the firm,” Busey said.

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Smith Hulsey & Busey shareholder Kevin Blodgett, 36, said he spent nearly nine months reviewing documents and 2½ months writing the JEA investigation report.

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THE BAR BULLETIN

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THURSDAY, FEBRUARY 4, 2021

11

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM

INSIDE

VALENTINE’S DAY

IT CAN MEAN MORE

JBA BOARD OF GOVERNORS

The No. 1 rule for social media Civility and professionalism must guide our use and interactions on these platforms because we do not abandon our professional obligations when we enter the digital world. PAGE 13

YOUNG LAWYERS

Chili Cook-Off is canceled Consider making a donation to Big Brothers Big Sisters of Northeast Florida. PAGE 14

Maintaining healthy relationships helps your career and your life.

V

MICHELLE BEDOYA BARNETT JBA PRESIDENT

Illustration by Alexandra Koch

alentine’s Day can have a bad reputation. It has been called “Singles’ Awareness Day” or a “Hallmark holiday” intended to promote consumerism and unrealistic expectations of romance. But Feb. 14 is more than an opportunity to eat chocolate, dine at a five-star restaurant or cry while watching “The Notebook.” It’s a day to let everyone close to us know how much we appreciate them.

This is especially important now, coming out on the other side of a pandemic that forced much of our human-tohuman interaction to cease. Even through the toughest parts of the pandemic, the support of my family, friends, coworkers and fellow members of the Jacksonville Bar Association, whether through Zoom, over the phone or in person, uplifted and brightened my day. Valentine’s Day is a reminder to SEE BARNETT, PAGE 15

COMMENTARY

These dogs, cats need your help The Florida Family Law American Inn of Court is working to help the Jacksonville Humane Society. PAGE 14

PRO FROMBONO THE PRESIDENT

Attorneys needed to help tenants who may be evicted An instructional webinar is available from Florida Attorneys Counseling in Evictions. BY BRENDA EZELL & TERRENCE HARVEY

In the early stages of the COVID-19 pandemic, many real estate attorneys suspected that, unless the state moratorium on

Ezell

Harvey

evictions was extended, there would be a flood of evictions filed or restarted. Many, if not most, of those facing displacement would be

indigent single mothers with school-age children, who would be particularly impacted by the beginning of school. While there have been other moratoria established, this threat is still looming and also is expected to contribute significantly to the homeless population. Always one of the first to respond to the need for pro bono service, Lynwood Arnold, a member of the Real Prop-

erty, Probate & Trust Section’s Executive Council who often led the section’s volunteer efforts, recognized that the section could be a great resource. He contacted several members of the section and facilitated our connection with Greater Legal Services of Miami to determine what we could do to assist with what is sure to be an avalanche of evictions after the moratorium expires. With Arnold at the helm, once

again, the section stepped up to offer the expertise of its members to those most vulnerable. Following in the tradition of Florida Attorneys Saving Homes that assisted clients in the foreclosure crisis, and No Place Like Home that helped to clear the title of homes, particularly for disaster relief applications, the section, in partnership with The Florida Bar Foundation and SEE PRO BONO, PAGE 15


12

THE BAR BULLETIN

|

THURSDAY, FEBRUARY 4, 2021

COMMENTARY PRO FROMBONO THE PRESIDENT

JBA CALENDAR COMMITTEE MEETINGS For all meetings, register at jaxbar.org FEB. 4 Hispanic and Latino Interest Noon, livestream FEB. 9 Elder Law Noon, livestream FEB. 9 Judicial Relations Noon, livestream FEB. 10 Solo & Small Firm Noon, livestream FEB. 24 Law Week Noon, livestream

Practicing law Zoom-style: There’s much to be missed

OBINNA ANUM ESQUIRE LITIGATION GROUP

It can be convenient, but the grandiosity can be lost. In the midst of the pandemic, most attorneys have had to make major adjustments to the way we conduct our business, especially those, like yours truly, that traditionally conducted much of their practice in courtrooms in Northeast Florida. Although COVID-19 has kept us out of in-person hearings, technology has helped ensure that legal matters continue to be heard and managed, albeit remotely. Some litigants relish not having to travel what, for some, may be a long distance to get to the courthouse. Others are outright comfortable with only

needing to commit to a top-half of formal courtroom attire. However, despite the opportunity that videoconferencing platforms like Zoom or Microsoft Teams afford, they can be rife with difficulties and complications, both in the way they function and the way they are applied to court matters. A few weeks ago, I had the opportunity to observe a criminal defendant client as he offered a guilty plea to the court and a colloquy was conducted. In criminal procedure, colloquy is a conversation between a judge and a criminal defendant who has been sworn under oath. It must occur when a defendant enters such a plea in order for the plea to be valid. There are many rights that a criminal defendant gives up when entering a guilty plea and so the discussion must be done intelligently, knowingly and voluntarily. This particular colloquy was conducted via videoconference and was not without some issues. Face masks and less than HD quality video provided for what ultimately must have been quite a distressing time for the court reporter who must accurately record everything that is said. Even before the pandemic, this process could prove difficult in myriad ways. The participants may not be

THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President Michelle Bedoya Barnett, Alexander DeGance Barnett President-elect Michael Fox Orr, Orr | Cook Treasurer Fraz Ahmed, Coker Law

Secretary Blane McCarthy, Blane McCarthy Young Lawyers Section President Ashlea Edwards, Akerman Executive Director Craig Shoup

able to hear or understand each other because of distractions here and there. Some defendants may need a moment of pause to consult with their attorney and further process some aspect of what a judge is saying. Sometimes, it comes to a complete halt when a defendant suddenly realizes that they have changed their mind. On a Zoom call, these issues are only amplified with the all too real possibility of an unstable internet connection or audio issues. There also is much to be missed in the way of simple grandiosity. I have yet to see a courtroom in Florida that is not impressive and imposing in its appearance. The spectacle of the typical courtroom’s magnificent façade, the formal dress code, standards that date back many centuries to those of our forebearers in England are somewhat lost in the midst of a videoconference. If there is a bright side to all of this, it is that the end is in sight, with at least two coronavirus vaccinations in mass distribution. Perhaps at some point later this year, we will be able to return to courtrooms to handle legal matters with the attention and formality that they deserve.

UPCOMING EVENTS For all events, register at jaxbar.org FEB. 4 Wellness Wednesdays: Virtual Yoga With Judge Eleni Derke Noon, livestream FEB. 10 Wellness Wednesdays: Healthy Happy Hour (Walk) 5:15 p.m., meet at JBA office FEB. 10 Young Lawyers Section Virtual Trivia Night 5:30 p.m., livestream FEB. 12 Virtual Coffee at the Courthouse 7:45 a.m., livestream FEB. 24 Wellness Wednesdays: Ask The Dietitian Noon, livestream

Obinna Anum is a partner with Esquire Litigation Group.

BOARD OF GOVERNORS MEMBERS Brian T. Coughlin Bedell Firm

Shannon Schott Plata Schott

Christian P. George Akerman

Asghar A. Syed Gunster

Jamie Karpman U.S. Department of Housing and Urban Development

Cyndy Trimmer Driver McAfee Hawthorne & Diebenow

Adina Pollan, Pollan Legal

Lindsay L. Tygart Coker Law

EDITORIAL COMMITTEE Editor-in-chief Iana Benjamin Cordell & Cordell Editors Ashlea Edwards Akerman Kirsten Oliver Law Offices of William W. Kurtz, Jr.


THE BAR BULLETIN

|

THURSDAY, FEBRUARY 4, 2021

13

PRO BOARD JBA BONO OF GOVERNORS FROM THE PRESIDENT

Proceed with caution: It’s the No.1 rule for using social media

JAMIE KARPMAN JACKSONVILLE BAR ASSOCIATION BOARD OF GOVERNORS

The Florida Bar provides specific guidance for attorneys. Social media has commanded an outsized role in our personal and professional lives this past year, and it is expanding to new platforms and interests. It can be a valuable tool and a source of great frustration. It allows us to interact, create and share content, promote ourselves and our businesses, educate and inform, rate and review and offer our opinions and critiques. Social media connects us with friends, family, peers, clients and strangers from around town and around the world. The line often may blur between our personal and professional lives. Civility and professionalism must guide our use and interactions on these platforms as we do not abandon our professional obligations when we enter the digital world. Our oath of attorney pledges fairness, integrity and civility in all written and oral communications, including social media in its many forms. The Florida Bar provides specific guidance about social media in its published Professionalism Expectations. These guidelines originate in our ethical duties established by The Rules Regulating The Florida Bar and the customs of fair, civil and honorable legal practice. The Professionalism Expectations make clear that lawyers

must not use their communications in connection with the practice of law, including on social media, to disparage another’s character or competence or to inappropriately influence or contact others. The expectations plainly state that “social media must not be used to disparage opposing parties, lawyers, judges, and members of the public. . . . or be used to inappropriately contact judges, mediators, jurors, witnesses, or represented parties. . . . or be used for the purpose of influencing adjudicative proceedings.” Lawyers must be careful to maintain the integrity of our profession. That includes not engaging in behaviors that undermine public confidence in or are prejudicial to the administration of justice. Engagement on social media is an effective way for lawyers

to build their brand and connect with new clients and referral sources. However, The Florida Bar Best Practices for Professional Electronic Communication handbook cautions lawyers to avoid giving casual advice on social media, particularly in response to specific questions, to avoid inadvertently creating a lawyerclient relationship. Social media should not be used to circumvent lawyer advertising rules. The rules apply to all forms of communication, including social networking and targeted social media posts. For instance, targeted social media posts are treated as unsolicited direct mail. Lawyers must be thoughtful when responding to online reviews appearing on social media platforms. The Florida Bar recently

issued advisory Ethics Opinion 20-01 specifying how a lawyer may best respond to a negative client review. The opinion concludes that, absent an exception to the confidentiality rules, lawyers should only respond generally that they disagree with the client’s statements or that the review is neither fair nor accurate. The opinion also provides suggested language that lawyers may use to respond appropriately. Conversely, the Best Practices handbook also cautions lawyers to remove posts from third parties that may be positive misrepresentations, offering the example to “not allow family members to praise your legal services on social media if they have not been a client.” To ensure you’re up to date about professionalism in this new digital age, visit The Florida

Bar Henry Latimer Center for Professionalism to download the Best Practices for Professional Electronic Communication handbook and the 2019-2020 Professionalism Handbook, which includes the Professionalism Expectations. To learn more about social media and lawyer advertising, download The Florida Bar Standing Committee on Advertising Handbook on Lawyer Advertising and Solicitation and Guidelines for Networking Sites. The Rules Regulating The Florida Bar, Guidelines for Professional Conduct, and searchable ethics opinions are available on The Florida Bar website at www.floridabar.org. Jamie Karpman is chair of Grievance Committee 4D and a member of The Florida Bar Standing Committee on Professionalism.

LEGAL BRIEFS

Need CLE hours? Check out the JBA website The Jacksonville Bar Association has a CLE video library where you can purchase online CLE presentations and get those CLE credits you need in the convenience of your home or office. You may choose from as few as 0.5 CLER hours to as many as 8.0 CLER hours, including various certification hours. Just select the videos that correspond with the CLE credits you need, purchase them, watch online and submit for credit. Topics include family law, technology law, transactional law and professionalism for new practitioners. Visit jaxbar.org/store

Upcoming CLEs FEB. 11 Smart Strategies for Managing Debt 2 p.m., livestream 1.0 CLE pending approval by The Florida Bar FEB. 17 Environmental & Real Property Law Committee Noon, livestream 1.0 CLE pending approval by The Florida Bar FEB. 18 Five Steps to Building a Disciplined Investment Strategy 2 p.m., livestream 1.0 CLE pending approval by The Florida Bar

FEB. 24 Maximizing Technology to Rapidly Grow Your Firm: A Step-By-Step Guide 2 p.m., livestream 1.0 CLE/1 technology credit approved by The Florida Bar FEB. 25 Creating a Lifetime of Financial Security 2 p.m., livestream 1.0 CLE pending approval by The Florida Bar

Keep involved in the JBA The driving force behind this organization is the active participation of its members. Please give the association the benefit of your ideas and talents by volunteering to serve on one or more of the committees shown on the JBA website. With your active involvement, this association will flourish. To join or change your committee preferences, open your web profile at jaxbar.org and click on “Join a Committee.”


14

THE BAR BULLETIN

|

THURSDAY, FEBRUARY 4, 2021

COMMENTARY PRO FROMBONO THE PRESIDENT

Drive benefits Humane Society

JARED WILKERSON FLORIDA FAMILY LAW AMERICAN INN OF COURT

The no-kill shelter needs dog and cat food, supplies and gift cards. The Florida Family Law American Inn of Court is working with the Jacksonville Humane Society to benefit animals transitioning out of the shelter and into new homes. The JHS is a no-kill animal shelter working in conjunction with the city Animal Care and Protective Services department. Throughout the year, the Inn partners with local charities to increase awareness of community needs and to encourage support of the charities. In addition to monetary donations, JHS will accept wet or dry cat and dog foods, including kitten and puppy varieties, as well as treats, towels, blankets without stuffing, small and medium pet beds and paper towels. Amazon gift cards also are a way to support JHS in its resupplying efforts. Whether picked up as strays or voluntarily relinquished by owners, thousands of pets are placed in the care of JHS every year. The nonprofit feeds, rehabilitates and nurtures them until they are placed with an adoptive household at an impressive rate of 94%. Such outcomes are not achieved without costs and expenses. JHS must provide vaccines, spay and neuter surgeries, heartworm disease treatments, etc., before placement in nearly every case. Last year, JHS took in and provided care and treatment for nearly 6,000 animals, incurring

Special to the Daily Record

Lauren Snyder, veterinary services coordinator at the Jacksonville Humane Society, with her adopted dog, Baby Girl.

an average expense of $1,580 for every dog and $715 for every cat adopted. Because of the COVID-19 pandemic, JHS is making donations of items and supplies easy and contact-free. Cash donations will be credited in your name or the name of your busi-

ness, per your instruction. Checks should be made out to: Jacksonville Humane Society. Donations also may be made at https://www.jaxhumane.org/ how-to-help/donate/itemsand-goods/ Further questions regarding how to donate can be directed to

Jared Wilkerson at (904) 4833844 or jmw@wilkersonlawoffice.com. The Florida Family Law American Inn of Court is a Jacksonville-based branch of the American Inns of Court. Its members are dedicated to fos-

tering excellence in professionalism, ethics, civility and the generational transfer of legal skills and values in the practice of law for the benefit of local families. The local chapter has maintained Platinum Level for the Achievement of Excellence since 2012.

YOUNG PRO LAWYERS SECTION FROMBONO THE PRESIDENT

YLS Chili Cook-Off canceled because of pandemic

CHUCK GRIFFITH PAPALAS GRIFFITH

Young lawyers remain committed to supporting nonprofits.

Of all the perks of serving on the Jacksonville Bar Association Young Lawyers Section board, the opportunity to participate in the planning of our annual charitable events is at the top of the list. The YLS Chili Cook-Off, benefiting Jacksonville’s Clarke School for Hearing and Speech, is one of the last markers of my pre-pandemic life: Feb. 15, 2020, just before all our “normals” changed. Unfortunately, because of COVID-19, we made the tough decision to cancel the 2021 YLS Chili Cook-Off. For the past four years, I have

been directly involved with the planning of the event, serving for the past two years as co-chair along with Kayla Haines Herrin. It grew from its roots on the back porch at Florida Coastal School of Law just 10 years ago to the last few years when we have taken over half of the Riverside Arts Market on Saturday to showcase the culinary competition among more than 50 teams of law firms and organizations. While I know our legal community will miss the camaraderie and the food, I am most disappointed for the lost opportunity to assist this year’s

partner charity, Big Brothers Big Sisters of Northeast Florida, at a time when nonprofits need our support more than ever. Beyond the financial contributions we have been able to provide to the charities we’ve worked with in the past, our events provide public awareness and an opportunity for the organizations to interact with Jacksonville’s legal community. While we know our signature event will be back next year, we cannot help but be frustrated by the lost opportunity to give of our time and resources this year. With that in mind, although

we are unable to go forward with the Chili Cook-Off this year, we ask that as you consider making a donation to Big Brothers Big Sisters of Northeast Florida. If you would like more information about the organization, or if you would like to get involved as a volunteer for the 2022 YLS Chili Cook-Off, contact me at cgriffith@ eminentdomain-fl.com or Kayla Haines Herrin at kherrin@ smithhulsey.com. Chuck Griffith is a partner at Papalas Griffith and practices eminent domain and property rights law.


THE BAR BULLETIN

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THURSDAY, FEBRUARY 4, 2021

15

Bar associations volunteer at Feeding Northeast Florida JACKSONVILLE BAR ASSOCIATION

M

embers of the Jacksonville Bar Association, the D.W. Perkins Bar Association and the Jacksonville

Women Lawyers Association volunteered Jan. 23 at the Feeding Northeast Florida food bank. It was the third annual CommUNITY Day event for the local Bar groups, supported by a grant from The Florida Bar.

Special to the Daily Record

Pro Bono: Help carry on Lynwood Arnold’s work CONTINUED FROM PAGE 11

legal aid organizations across the state, instituted Florida Attorneys Counseling in Evictions. A free webinar was created to assist attorneys who don’t practice in this area. The one-hour instructional program covers eviction defense basics and the additional tenant protections implemented during the pandemic. It was created and is presented by Tom DiFiore from Bay Area Legal Services, Jeffrey Hearne from Legal Services of Greater Miami, and Stephanie Johnson from Legal Services of North Florida. Many of the section’s at-large members throughout the state then coordinated with their respective legal aid organizations in an effort to create a statewide organized response to this issue.

We were fortunate that the moratoria was extended for long enough to get the FACE project up and running with Arnold’s direction and assistance. Unfortunately, Arnold died last year after a brief illness, but not before he was able to make the FACE program a reality. He was board-certified and practiced real estate and probate litigation in Tampa and Tallahassee. He helped form the Bay Area Real Estate Council and was its first president. In addition to the Leon and Hillsborough County Bar Associations, Arnold dedicated significant time to The Florida Bar’s Real Property Probation and Trust Law Section and served on its Executive Council. Over the years, he chaired too many committees to list. His devotion to pro bono work was just as steadfast and only

matched by his devotion to mentoring young lawyers. It was and is our honor to pick up the reigns where he left off. Section Chair William Hennessy established The Lynwood F. Arnold Jr. Memorial Award in 2020 to memorialize Arnold’s memory and his extraordinary contributions to numerous general standing committees of the Section. Over many years of dedicated service, Arnold was a champion for diversity initiatives and inclusivity in the section. He worked tirelessly on mentoring projects for new lawyers and was instrumental in the establishment and success of the section’s Law School Programming and Mentoring Committee. Arnold was incredibly generous with his time and provided leadership at the ground level on many pro bono projects

throughout the state. His passion for service to his profession and community was contagious and served as a model for others. This award will be granted from time to time to recognize our members who give greatly of their time and knowledge to one or more of the following areas: The enhancement of diversity within the section, including increasing minority membership and participation; mentoring law students or new lawyers; or providing pro bono legal services. It is our plan to work hard to continue his efforts toward inclusion and diversity in the section, providing pro bono services and mentoring young lawyers. We hope you will consider participating in this valuable and timely project, even if it is just serving as a mentor to provide

guidance to a younger lawyer who would like to volunteer and who may be taking on a case without any experience or knowledge besides the webinar. Your participation would certainly contribute to Arnold’s legacy. Attorneys interested in getting more information or volunteering for the Florida Attorneys Assisting on Evictions project are encouraged to contact Missy Davenport or Sarah Sullivan at neflface@gmail.com. Brenda Ezell and Terrence Harvey lead the Florida Attorneys Assisting on Evictions project in Northeast Florida. Ezell is the founding partner and shareholder of the Ezell Law Firm. Harvey is the founder and managing partner of The Harvey Firm.

Barnett: Relationships boost health, happiness CONTINUED FROM PAGE 11

cherish the important relationships in our lives and the people who support and enable us to be the best versions of ourselves. Healthy relationships provide us with the relief, comfort and support necessary to succeed in life and in the workplace. One of my favorite quotes is by motivational speaker Jim Rohn who says, “You are the average of the five people you spend the most time with.” As I look back on my life, the times I have been happiest and most successful are when I have been surrounded by good and positive people.

This past year has forcefully created a lot of family togetherness. My husband makes me laugh, my son has educated me on Fortnite, my middle child has me reliving my childhood watching Full House, now Fuller House episodes, my youngest child has forced me to go outside and to play and run and bike and my Pacho does anything to make me get his leash and take him on a walk. Despite the craziness in this world, this crew has made me very happy. There were other times in my life those people were my workmates, my neighbors, my classmates, my gal pals or members of the JBA. I list

these groups because they all have been a special part of the great times. Our interpersonal relationships have a major impact not only on our happiness but on our health and our quality of life. This is even backed by science. Studies have shown that strong personal relationships are a better indicator of good health and a long lifespan than weight, exercise or blood pressure. A psychologist in one such study claimed that in regard to health, “a lack of social relationships was equivalent to smoking up to 15 cigarettes a day.” That seems reason enough to cultivate and maintain strong

relationships with people who uplift you. The people around you, in any capacity, bolster your health, happiness and even your career. Happiness at home, a strong social circle and good health make achieving your goals at work and in life more feasible and enjoyable. I am thankful for the collegial Bar that we have. During one of the most trying years in history, it is talking to my colleagues, brainstorming with opposing counsel on solutions and getting to peer into people’s homes through Zoom sessions that has brought much-needed distraction and laughter to my days.

Take time this Valentine’s Day to call your mom, spoil your spouse, thank your coworkers or Zoom with an old friend. Show your gratitude for the people in your life that support you and help you further your personal goals and promote your health and happiness. Whether they are romantic, friendly or familial, it is important to nurture and retain these close interpersonal relationships. Your career (and life) may depend on it. Michelle Bedoya Barnett is a founding partner of Alexander DeGance Barnett, focusing on labor and employment law.

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RESIDENTIAL REAL ESTATE

JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

|

THURSDAY, FEBRUARY 4, 2021

JaxDailyRecord.com

Top 10 home sales of week FROM STAFF

Here are the top 10 single-family residential real estate sales in Northeast Florida, comprising Duval and St. Johns counties. The sales were recorded Jan. 25-31.

DUVAL

DUVAL

$1,895,000

$1,672,500

1945 Beach Ave., Atlantic Beach

1238 Windsor Harbor Drive, Jacksonville

Type: Single-family Lot size: 0.22 acres House size: 1,780 square feet Buyer: Davis Fleming Seller: Martin D. and Susan C. Madaus Previous sale: $1,248,200 in 2018

Type: Single-family Lot size: 0.45 acres House size: 6,226 square feet Buyer: Christopher and Jennifer B. Grippa Seller: Farley J. and Athena F. Grainger

ST. JOHNS

DUVAL

$1,800,000

$1,399,900

7360 Florida A1A S., St. Augustine

DUVAL

$2,800,000 1416 Moss Creek Drive, Jacksonville Type: Single-family Lot size: 0.77 acres House size: 11,463 square feet Buyer: The Powell Trust Seller: Front Rowe Properties LLC Previous sale: $2,200,000 in 2010

About the property: Two-story home features seven bedrooms, 9½ baths, guest apartment, two offices, theater, gym, summer kitchen, pool, pergola and dock with boatlift.

1031 S. First St., No. 1205, Jacksonville Beach

Type: Single-family Lot size: 0.85 acres House size: 3,410 square feet Buyer: Preston Hendrix Seller: John D. and Elizabeth C. Puckett, the John D. Puckett Revocable Trust and the Elizabeth C. Puckett Revocable Trust Previous sale: $875,000 in 2017

Type: Costa Verano Condominium Condominium size: 2,435 square feet Buyer: Daniel and Suanne P. Goldberger Seller: Seth S. and Karen F. Gaynor Previous sale: $975,000 in 2014

ST. JOHNS

ST. JOHNS

DUVAL

DUVAL

DUVAL

$2,550,000

$2,150,000

$2,100,000

$1,700,000

$1,325,000

320 Ponte Vedra Blvd., Ponte Vedra Beach

14 Solana Road, Ponte Vedra Beach

3002 Ocean Drive, Jacksonville Beach

13766 and 13768 Mandarin Road, Jacksonville

Type: Single-family Lot size: 0.54 acres House size: 3,350 square feet Buyer: L. Ward Huntley Seller: Anna R. Barrett and the Rica Barrett Trust

Type: Single-family Lot size: 0.7 acres House size: 3,375 square feet Buyer: William F. and Kathryn Z. Hobbs Seller: Solana 14 LLC Previous sale: $2,000,000 in 2020

Type: Single-family lot Lot size: 0.15 acres Buyer: Thomas and Olivia Haggerty Seller: Nickolas Stam and Alixe C. Stamatogiannakis Previous sale: $1,480,000 in 2018

3715 Rubin Road, Jacksonville

Type: Single-family Lot size: 3.46 acres House size: 6,567 square feet Buyer: Richard and Danielle Caplin Seller: Jo Anne G. and Wilson L. Smith and the Jo Anne G. Smith Living Trust

Type: Single-family Lot size: 1.16 acres House size: 4,992 square feet Buyer: Michael P. and Donna Heid Seller: Darrell W. and Beverly L. Mitchell Previous sale: $775,000 in 2013

AT SAN PABLO

Model Home Open For Previews New Homes Started* For Summer 2021 *

13711 Hidden Oaks Ln. 13729 Hidden Oaks Ln. 13728 Hidden Oaks Ln. 13807 Hidden Oaks Ln. 13741 Hidden Oaks Ln.

O L2 D SLot Lot S O L5 D

Lot 42 O L18D SLot Lot 7

Glencoe III St. Martin Bluffton Wimbledon Carlisle II

$492,025 $469,950 $613,160 $529,900 $495,982

Hurry, Only 5 Left! Model Home Hours

Mon-Thur 11-5 • Fri - Closed • Sat 11-5 • Sun 1-5

800-728-1934 x8007 • www.WatersideatSanPablo.com For Direct Sales Inquiries Call Steve Williams 904-241-8687 *See Agent for Details. Subject to change without notice.

Subject to credit approval. CenterState Bank, N.A. NMLS# 403455. South State Bank and CenterState Bank, N.A. have merged to become South State Bank, N.A. Please visit bankingforward.com to learn more.

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For financing information, contact Paul Miller (NMLS# 121182) at CenterStateBank Mortgage. Cell: (904) 334-8080 | Email: paul.miller@centerstatebank.com www.csbankmortgage.com/paul-miller


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