FREE
March 5-11, 2020
Basch Report: Stein Mart board feared for company’s future PAGE 12
jaxdailyrecord.com
JACKSONVILLE
Record & Observer
LOT J AND BEYOND Record & Observer JACKSONVILLE
Cordish executive updates plans for development near TIAA Bank Field and the Shipyards. THE PLAN
JACKSONVILLE
Record & Observer Zed Smith, chief operating officer of The Cordish Companies, showed this map of the Lot J, Jacksonville Shipyards and Metropolitan Park areas to the Meninak Club of Jacksonville during a March 2 speech. Cordish is working with the Jaguars to develop the property.
JACKSONVILLE
Record & Observer
Photo by Mike Mendenhall
The Cordish Companies Chief Operating Officer Zed Smith spoke March 2 to the Meninak Club of Jacksonville. Photo by Karen Brune Mathis
BY MIKE MENDENHALL STAFF WRITER
J
acksonville Jaguars owner Shad Khan’s proposed $2.5 billion Lot J and Jacksonville Shipyards development is a starting point for two decades of development in Downtown’s Sports and Entertainment District, said The Cordish Companies Chief Operating Officer Zed Smith. Smith showed updated renderings of
CMC Steel wins city incentives without adding jobs PAGE 3 Mathis Report: Argentina-based firm building warehouse PAGE 4 Marbut Report: Judge ‘not retiring from the community’ PAGE 13
the first two phases of development of Lot J near TIAA Bank Stadium, the Shipyards and a previously unannounced residential expansion north of Lot J in a presentation March 2 to the Meninak Club of Jacksonville. “The thing that appealed to us about Jacksonville is we have the land to develop into the future. We could be building here for the next 20 years,” Smith said of The Cordish Companies and Khan’s subsidiary. Baltimore, Maryland-based Cordish
and Jaguars’ subsidiary Gecko Investments LLC are equal partners in the Lot J-Shipyards project, operating as Jacksonville I-C Parcel One Holding Company LLC, according to the Lot J development term sheet released by the city July 31. The $450 million to $500 million Phase I of Lot J comprises the Live! Arena entertainment venue, a 200-unit boutique SEE LOT J, PAGE 8
BUSINESS STRATEGY
Haskell’s Dysruptek seeking innovation Design-build firm looks ahead. PAGE 5 VOLUME 2, NO. 40 • ONE SECTION
2
WHAT’S TRENDING
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
THURSDAY, MARCH 5, 2020
|
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.
JaxDailyRecord.com
Daily Record JACKSONVILLE
HOW TO REACH US JACKSONVILLE
Daily Record 10 N. Newnan St., Jacksonville, FL, 32202 Phone: (904) 356-2466, Fax (904) 353-2628 jaxdailyrecord.com
ABOUT US JACKSONVILLE
Special to the Daily Record
An artist’s rendering of the redeveloped College Park shopping center in Arlington.
REDEVELOPMENT
Plans to renovate old Town & Country JWB Real Estate Capital plans a $3 million renovation of College Park, the renamed Town & Country Shopping Center at northeast Arlington Expressway and University Boulevard in Arlington. “JWB hopes to secure a grocery store tenant to anchor the plaza and has been in conversation with prospective grocers to customize the space to suit their needs,” JWB President Alex Sifakis
said in a news release. Sifakis did not identify the grocer or the other tenants he wants to sign. “We are trying to do what’s in the best interest of the Arlington neighborhood in the long-term, not simply fill spaces for profit’s sake,” he said. Sifakis estimates JWB will spend $3 million to renovate the center and invest up to $7 million to develop a 2.2-acre mixed-use outparcel.
EDUCATION ‘Cloud’ lifted over Florida Coastal School of Law The American Bar Association found Florida Coastal School of Law in compliance with standards that ensure law schools are financially sound, a requirement for accreditation. Florida Coastal School of Law President and Dean Peter Goplerud said the school now is able to again focus on recruiting students. “We feel we’re doing great work in
the classroom. To not have that cloud over us is very helpful,” Goplerud said. The scrutiny by the ABA began in February 2017 when only 25% of Florida Coastal graduates passed the Bar exam. The ABA declared in May that Florida Coastal School of Law would remain an approved law school, but then questioned the school’s financial stability.
RESTAURANTS Medures to open restaurant at Mayo Clinic Jacksonville chefs Matthew and David Medure are taking their culinary skills to Mayo Clinic. Medure Brothers Culinary Concepts will open a 200-seat, 7,000-squarefoot upscale-casual restaurant and bar at the medical center’s Southside campus. The restaurant will include a full-ser-
vice bar and a coffee shop grab-and-go area that will replace the cafe in the Cannaday Building. Mayo said it and the Medures have not decided on a name, type of cuisine or hours of operation. Mayo said construction will start this summer and the restaurant should open in spring 2021.
THE DAILY BRIEF There’s a shortcut to staying in the loop 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.com and look for the “Sign up” box, enter your email and you’ll be set.
G e m ks ,
Jac
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.
STAFF 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
Editor / Karen Brune Mathis kmathis@jaxdailyrecord.com
Legal Advertising Manager / Janet Mohr legal@jaxdailyrecord.com
Managing Editor / Monty Zickuhr mzickuhr@jaxdailyrecord.com
Legal Advertising Associate / Rhonda Fisher rfisher@jaxdailyrecord.com
Associate Editor Legal Affairs / Max Marbut mmarbut@jaxdailyrecord.com Staff Writer / Katie Garwood kgarwood@jaxdailyrecord.com
SHOW & SALE
Network Administrator / Erik Wagner webadmin@jaxdailyrecord.com Court Typeset / Paula Steiner admin@jaxdailyrecord.com
Staff Writer / Mike Mendenhall mmendenhall@jaxdailyrecord.com
Director of Circulation / Anne Shumate subscriptions@jaxdailyrecord.com
Staff Writer / Scott Sailer ssailer@jaxdailyrecord.com Business Manager / Angie Campbell acampbell@jaxdailyrecord.com
Distribution / Tim Reagan distribution@jaxdailyrecord.com
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
Thursday only ..........$66 per year Single copy.......................35 cents
HOW TO ADVERTISE Display & Digital Advertising: Call Jay Lesowitz at (904) 356-2466 or email jlesowitz@jaxdailyrecord.com Legal Advertising: Submit public notices via email to legal@jaxdailyrecord.com
JaxDailyRecord
il &
POSTAL INFORMATION
Be
M
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.
m & Mine e Ge
ill al, Jewelry, Fo ral v ss n er S in
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 JACKSONVILLE Court and publisher of public notices in Duval County.
FOLLOW US
ie t y oc ad
o
Daily Record Daily Record
Jacksonville Daily Record and Jacksonville Record & Observer are a division of Observer Media Group Inc.
Jacksonville Fair Grounds
510 Fairgrounds Place • Jacksonville, Florida 32202
Jacksonville Daily Record (USPS 190-620) is published daily except Saturday, Sunday & legal holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas) by Daily Record & Observer LLC, 10 N. Newnan St., Jacksonville, FL 32202. Periodicals postage paid at Jacksonville, Florida and at additional mailing offices. Under no circumstances will any news or records of Duval County be suppressed for anyone. Information in this newspaper is for our subscribers only and must not be used by anyone for publication purposes.
POSTMASTER
Continuous Jewelry and Lapidary demonstrations. Special exhibits and displays. Huge youth science area!
OFFICIAL DESIGNATIONS
Sal e
Send address changes to Jacksonville Daily Record, P.O. Box 15456, North Hollywood, CA, 91615-9965
dA 32n
March 13, 14 & 15 • Friday 10-6, Sat 10-6, Sun 10-5
JGMS is a Non Profit Organization. 331063-1
&
nn w ua o h l Ge S l m & Minera $5 PER DAY OR $8 FOR ALL 3 DAYS Children under 12 free w/ guardian. $1 off for Seniors and military with ID.
The Official Court Newspaper of Duval County by Order of the Circuit Court, July 7, 1961.
The Official Newspaper of The Jacksonville Bar Association, Nov. 21, 1926.
AFFILIATIONS Florida Press Association
The Official Newspaper for the U.S. Bankruptcy Court for the Middle District of Florida, Jan. 4, 1947.
JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
|
3
THURSDAY, MARCH 5, 2020
CMC Steel wins grant without creating jobs
City awards $450,000 REV grant after the company promises to invest $30 million in equipment, real estate.
COUNCIL MEMBER AARON BOWMAN
The city will provide a taxpayer-backed grant to CMC Steel US LLC to keep a 250-job mill open near Baldwin despite not creating jobs. Office of Economic Development Executive Director Kirk Wendland said the possibility the company would close the facility without the grant concerned city officials. City Council approved a resolution Feb. 25 to extend a $450,000 Recaptured Enhanced Value Grant to CMC Steel, a subsidiary of Irving, Texas-based Commercial Metal Co. Council members voted 18-0 to waive the city’s public investment policy rule that requires companies to create at least 10 jobs to be considered for a REV grant. In return, CMC Steel told the
city it will invest $30 million over five years in real estate improvements, equipment and machinery at its 16770 Rebar Road facility. The REV grant would refund 50% of the increase of the facility’s property taxes over that time. CMC Steel took over operation of the former Gerdau Jacksonville Ameristeel mill during 2018. CMC Steel paid $600 million for 33 rebar fabrication facilities and several steel mills nationwide. It bought the properties from Gerdau S.A., a producer of specialty steel products in the Americas.
The Jacksonville property sold for $11.8 million. CMC Steel evaluated its 150 U.S. facilities and approached the city for incentives with plans for the site improvements, Wendland said. He said the facility would become obsolete without the investment. Before the vote, Council member Michael Boylan asked if approving a REV Grant without mandating job creation sets a bad precedent. “I wouldn’t say it’s a commonplace practice,” Wendland said. “Most of the time with the REV grants, you’re going to see additional employment.
Arlington Overlay revision approved After nearly two years of negotiations, commercial property owners in the Renew Arlington Zoning Overlay District can access city grant money to meet code compliance. City Council unanimously approved a revision to the zoning overlay Feb. 25 that allows businesses to make compliance improvements without triggering a 10-set construction review by the city.
Previously, a commercial property improvement greater than or equal to 50% of its assessed value would be subject to compliance regulations. Council members Joyce Morgan and Ron Salem co-sponsored Ordinance 2019-0879-E to create a Renew Arlington Design Review Team to vet Arlington overlay compliance improvements separate from the city’s standard permitting review. Council approved updated zoning in June to combat blight in Arlington and create uniformities to attract development. Arlington developed in the 1950s after the Mathews Bridge opened over the St. Johns River from Downtown. The Arlington Community Redevelopment Agency separately approved a compliance grant in January to reimburse commercial property owners in the district for the cost to bring their businesses into minimum compliance. The money comes from the agency fund and will cover the estimated $7.33 million in Renew Arlington commercial property compliance needs. The Council also approved $30,435 to pay a part-time landscape architect to provide Renew Arlington business owners with draft designs for compliance upgrades to landscaping free of charge.
THE MENDENHALL REPORT
“For a while it was touch-and-go whether we were going to keep that plant or not.”
MIKE MENDENHALL STAFF WRITER
We felt like it was prudent in this case to go ahead with the REV grant. We did reduce it from 10 to five years.” Wendland said the average salary for the CMC Steel jobs is $80,000 per year, plus benefits. Council member Aaron Bowman said that the city had been working on the deal with CMC Steel for nearly two years. “For a while it was touchand-go whether we were going to keep that plant or not,” Bowman said. Bowman said CMC Steel is JEA’s largest single-site customer. CMC Steel paid the utility $19.89 million in 2017 and $18.7 million in 2018 for electric usage, according to a summary provided by JEA in August. The company is third in energy purchases from JEA behind the U.S. Navy and the city.
MMENDENHALL@ JAXDAILYRECORD.COM @MIMENDENHALL (904) 356-2466
TOP ENTREPRENEURS Coming Thursday, April 9
Entrepreneurs defy conventional wisdom nearly every day with a guts-then-glory approach to business. Discover how some of the best in Northeast Florida got that way. The Jacksonville Daily Record and the Jacksonville Record & Observer’s Top Entrepreneurs special section is designed to recognize the region’s top entrepreneurs on the First Coast who are committed to business growth, professional excellence and community service.
Great Time TO BUY
The Top Entrepreneurs are nominated by their peers, and will be chosen by a selection committee and featured in a special print edition of the Daily Record and Record & Observer on Thursday, April 9.
Whether you’re a first-time homebuyer, empty to purchase a new home or refinance your SWBC Mortgage Corporation has to offer.
Be a part of this special edition. Share your company’s marketing message with the Daily Record and Record & Observer’s influential audience.
IN-HOUSE UNDERWRITING, PROCESSING, AND FUNDING FOR SEAMLESS TRANSACTIONS
CALL OR EMAIL FOR MORE INFORMATION!
RESERVE YOUR ADVERTISING SPACE BY THURSDAY, MARCH 12!
Tina Habhegger
SWBC Mortgage Corporation Sr. Loan Officer | NMLS #518474
Call Jay Lesowitz
7807 Baymeadows Rd E, Ste. 405, Jacksonville, FL 32256
904-356-2466 // jlesowitz@jaxdailyrecord.com JACKSONVILLE
© 2019 SWBC. All rights reserved. Loans are subject to credit and property approval. Other restrictions and conditions may apply. Programs and guidelines are subject to change without notice. Rates are subject to change daily. SWBC Mortgage Corporation, NMLS #9741 (www.nmlsconsumeraccess.org). Corporate office located at 9311 San Pedro Avenue, Suite 100, San Antonio, TX 78216. 8540-5988 12/19
325223-1
Cell: 904.349.3480 | Direct: 904.641.5100 Email: tinah@swbc.com | swbcmortgage.com/tinah
330143-1
JACKSONVILLE
TIMELY CLOSINGS
nester, or an investor, get prequalified today current property, and see everything that
Daily Record // Record & Observer // JaxDailyRecord.com
PERSONAL SERVICE
4
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
|
THURSDAY, MARCH 5, 2020
JaxDailyRecord.com
THE MATHIS REPORT
Axionlog moving forward on warehouse plans
KAREN BRUNE MATHIS EDITOR
The Argentina-based restaurant supplier is making Jacksonville its port of choice for exports from the U.S. to Latin America. Argentina-based Axionlog, a global restaurant supplier, is moving ahead on permitting for its proposed $15 million North Jacksonville warehouse designed for expansion to almost 105,000 square feet of freezer and dry storage space. JaxPort announced Feb. 25 that Axionlog chose it as the port of choice to ship its U.S. manufactured exports bound for Latin America. It said Axionlog intends to open the warehouse by early 2021 and that the 38,000-square-foot facility is expected to expand to 100,000 square feet and create 60 jobs within five years. The city and the St. Johns River Water Management District are the latest to review civil site plans and an application for the proposed warehouse on almost 9 undeveloped acres at Faye and New Berlin roads. Land owner Faye Road Associates LLC, associated with V. Paulius & Associates, is the land owner and applicant. The group is based in Allendale, New Jersey. AVA Engineers Inc. of Jacksonville is the civil engineer. Plans show that Axionlog intends to start with a 37,220-square-foot project and expand with more than 67,000 square feet of freezer storage and dry storage space. The city and JEA reviewed preliminary project requests in January, after JAX Chamber announced Dec. 10 that the logistics company would establish a consolidation/ distribution facility in Duval
• Vulnerability Assessments • Cyber Security Training Testing • (IfPenetration you’re not testing, you
don’t know your vulnerabilities!)
Provided by JaxPort
Axionlog is building a distribution center near Blount Island Marine Terminal in North Jacksonville.
ST. JOHNS COUNTY RETAIL, FOOD NOTES
RESTAURANT NOTES
RaceTrac to Shoppes of St. Johns Parkway: St. Johns County approved a permit for the $1.1 million construction of a 6,081-square-foot RaceTrac gas station and convenience store at 2838 County Road 210 W. in the Shoppes of St. Johns Parkway.
Another Broken Egg to Riverside: The city issued a permit Feb. 27 for Bryan Construction Co. to build-out space at 1012 Margaret St., No. 9, for Another Broken Egg Café at a cost of $27,000. M Shack previously leased the space. The city issued a sign permit March 3.
Circle K to Masters Drive: Circle K asks St. Johns County to rezone about 1.68 acres east of Masters Drive and south of Florida 16 to develop a convenience store with gas pumps. Culver’s to St. Augustine: St. Johns County is reviewing development for a
County and start with 25 jobs. JaxPort said Axionlog is a full-service logistics provider that consolidates and manages the transportation of restaurant supplies, including food, flatware, and paper and plastic products for some of the world’s largest fast-food chains. JaxPort said Axionlog recently broke ground on the facility near the port’s Blount Island Marine Terminal. The distribution center will be used to consolidate, sort and store products to be exported through JaxPort. JaxPort said Axionlog plans
proposed 104-seat Culver’s restaurant at Moultrie Road and U.S. 1 South in St. Augustine. Moultrie Properties LLC owns the land. Island Wing to Bartram Market: The St. Johns River Water Management District is reviewing plans for Island Wing Co. in Bartram Market. Destin-based Island Wing Franchise Co. proposes a restaurant at Bartram Park Boulevard and Race Track Road. Plans show a 7,315-square-foot restaurant with a 2,010-square-foot patio on Parcel G. England-Thims & Miller Inc. is the civil engineer.
to start importing products for domestic distribution by 2022. “Axionlog uses advanced technology, including live cargo tracking, to plan, implement and control the door-to-door logistics processes for more than 30 restaurants in eight countries including Argentina, Chile, Uruguay, Colombia, Peru, and more,” JaxPort said. Axionlog Chief Operating Officer Alvaro Carretero said in the release that supply chain efficiency and dependability are a must in the restaurant industry. “Jacksonville provides the
IS YOUR DATA SECURE? Mulholland Forensics can assist your firm with Cyber Security
Jersey Mike’s Subs to Mandarin Corners: The city is reviewing a permit application for a $200,000 project to build-out 1,497 square feet of space for Jersey Mike’s Subs at 10991 San Jose Blvd., No. 6, in the Mandarin Corners shopping center.
location, connections and services we need to provide ontime delivery for the customers who depend on us to get their product where it needs to go quickly and efficiently,” Carretero said. Axionlog.com says it is a global supply chain manager with more than 30 foodmarket customers in seven countries in Latin America. It says it operates 11 distribution centers with more than 1,000 employees. It lists McDonald’s, Quiznos, Subway and Dairy Queen among its customers.
Its website shows offices in Argentina, Mexico, Venezuela, Colombia, Chile, Uruguay, Peru and Ecuador. The V. Paulius & Associates website says it has designed and built more than $1 billion of storage, distribution and manufacturing facilities throughout the United States, Canada and Eastern Europe for clients that include Fortune 500 companies. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
A Sophisticated, Modern-Day Answer to the Barbershop.
Free Cyber Security Training with Any Vulnerability Assessment Conducted
OpEN 7 DAyS A WEEk
Mobile Forensics – Social Media Research & Preservation
Appointments Preferred
Sean Mulholland, CPP
Walk-Ins Welcome
904.354.7989 mulhollandinvestigation.com
319254-1
319264-1
CONTACT US TODAY for a FREE consultation.
MULHOLLAND FORENSICS, LLC
SAN MARCO SQUARE 904-503-2051 RoostersMGC.com
JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
KATIE GARWOOD STAFF WRITER
It wants to invest in companies “disrupting the architecture, engineering and construction space.” After spending years in a productivity “flatline,” the construction industry is seeing more innovation and venture capital funding. Haskell wants to be part of that. So in 2018, Haskell founded Dysruptek, a venture capital and research and development arm of the company that seeks out and invests in earlystage tech companies that are “disrupting the architecture, engineering and construction space.” Jacksonville-based Haskell is an architecture, engineering, construction and consulting company. Engineer Preston Haskell launched it in 1965 and it has grown to comprise about
1,600 employees. Dysruptek is a small, young component that focuses on three main goals: to invest, invent and innovate. Cutler Knupp, who is Haskell’s director of strategy and technology investments, leads Dystruptek. There are 14 people on the Dysruptek team, which is based in Jacksonville. “The industry as a whole kind of fell into a flatline, more or less on how productive projects were and how they were completed,” Knupp said. “There’s been an emergence of venture capital money that’s been pouring into the space, causing an influx of a lot of startups Knupp and folks from outside the industry with a lot of good ideas.” Dysruptek will test technology on Haskell’s projects to see if it benefits the company, and if so, Dystruptek invests. So far, Dysruptek has announced an investment in BLOX LLC, and it became a limited partner with Brick and Mortar Ventures, a venture capital firm focused on engineering, architecture and construction management companies. BLOX created the “design manufacture construct”
Special to the Daily Record
Dystruptek is the research and development arm of Haskell.
delivery method. It designs, constructs and installs smaller modules, such as operating rooms, exam rooms and bathrooms, as well as ambulatory and acute care facilities. Those modules are built outside of the construction site. Knupp wouldn’t disclose an exact dollar amount, but said Haskell intends to invest “10s of millions” into technologies designed to benefit it and its customers. Dysruptek invests in products Haskell would use and measures success through both financial return on investment, and how a product helped a Haskell project work more efficiently. Haskell invested in and became a limited partner in Brick and Mortar Ventures,
which invests in technologies on Haskell’s behalf. Knupp said the venture capital firm has more knowledge of companies on the West Coast and Bay Area, where startups often are located. Dysruptek looks for companies that would add to Haskell’s overall safety, productivity and data-collection capabilities. Haskell established an R&D innovation center in its Atlanta office to test and oversee pilot projects as part of starting Dysruptek. “It’s the physical space that we can bring customers through and show them the technology we’ve invested in and built ourselves,” Knupp said. Knupp joined Haskell in
THURSDAY, MARCH 5, 2020
2018 when Dysruptek began. He saw it as an opportunity that couldn’t be found in many other places in the industry at the time. “The fact that there was this strong commitment from leadership and from the board to make this conscious effort to stand up Dysruptek and the willingness to commit and make investments in this space was unlike anything else I’ve seen in the market,” Knupp said. The introduction of Dysruptek has had positive effects companywide, Knupp said. The rest of the company has a team to evaluate technologies in the market and find alternatives. It also sparked creativity in employees to find innovative solutions in their work. The Dysruptek team often consults Haskell employees to find solutions to safety or productivity problems on job sites. “(The biggest value) is allowing our team members to voice their ideas and help cultivate their innovative mindset, and be able to take action on a lot of their ideas on how we can be a better organization and be more innovative for our customers and clients,” Knupp said. Knupp said the venture capital arm of the company will continue to benefit Haskell. Dysruptek has several goals for Haskell for the next year. “We’re working to make jobsites safer, keep our people safe, and drive productivity and efficiency.” Knupp said.
5
BUSINESS STRATEGY
Haskell’s Dysruptek seeking innovation
|
KGARWOOD@ JAXDAILYRECORD.COM (904) 356-2466
Starting here creates confidence there. Attending Bolles at a young age sets the stage for future learning. The wide breadth of learning opportunities, global context, academic resources and accomplished faculty prepare students for real-world success in college, career and life. Explore what Bolles has to offer by visiting www.Bolles.org or calling us at (904) 256-5030.
Riley Coonan Bolles Class of 2017
A Bolles experience develops successful young adults who know how to thrive.
Wofford College Sophomore Major: Accounting Wofford Volleyball Team
#ThisIsBolles
Student-Athlete Advisory Committee Campus Tutor
Four Unique Campuses
Ponte Vedra Beach Pre-K–5 Whitehurst Pre-K–5
Bartram 6–8 San Jose 9–12
323291-1
The Bolles School is a college preparatory day and boarding school for students in Pre-K through Grade 12.
RESIDENTIAL REAL ESTATE
6
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
|
THURSDAY, MARCH 5, 2020
JaxDailyRecord.com
Top 10 home sales of week BY SCOTT SAILER STAFF WRITER
Here are the top 10 single-family residential real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Feb. 24-March 1.
NEFMLS
DUVAL
$3,100,000 4015 Duval Drive, Jacksonville Beach Type: Single-family Lot size: 0.26 acres House size: 3,700 square feet Buyer: John C. and Meghan M. Starling Seller: Harris and Katherine Brown
About the property: Oceanfront three-story home featuring five bedrooms, 4½ baths, loft, balcony, porch, fireplace and wood deck.
DUVAL
ST. JOHNS
DUVAL
$2,650,000
$1,720,000
$1,507,500
1201 First St. N., No. 1203/1204 Jacksonville Beach
232 Pablo Road, Ponte Vedra Beach
1299 Sunset View Lane, Jacksonville
Type: Acquilus II condominium Condominium size: 4,595 square feet Buyer: Daniel J. and Carolyn T. Sizemore Seller: Bryan D. and Brandi Peck Previous sale: $1,400,000 in 2011
Type: Single-family Lot size: 0.64 acres House size: 3,747 square feet Buyer: Ryan M. and Renee G. Brymer Melin Seller: Matthew and Lauren Devereaux Previous sale: $1,400,000 in 2018
Type: Single-family Lot size: 0.31 acres House size: 4,093 square feet Buyer: The Colleen A. Sanchez, a Revocable Trust Seller: Jeffrey A. and Christine M. Rosen Previous sale: $1,458,400 in 2013
DUVAL
DUVAL
$1,200,000
$1,021,500
1201 First St. N., No. 704, Jacksonville Beach
1243 Windsor Harbor Drive, Jacksonville
Type: Acquilus II condominium Condominium size: 2,471 square feet Buyer: Michael A. and Joyce F. Fineman Seller: Steve and Patricia Wilson Previous sale: $815,000 in 2011
Type: Single-family Lot size: 0.42 acres House size: 4,372 square feet Buyer: John H. and Sharon R. Nielsen Seller: Daniel R. and Patricia M. Sebastian Previous sale: $930,000 in 2013
DUVAL
ST. JOHNS
$1,100,000
$957,500
1031 First St. S., No. 602, Jacksonville Beach
637 Ocean Palm Way, St. Augustine
Type: Costa Verano condominium Condominium size: 2,214 square feet Buyer: Laura L. Guillaume Living Trust and Steve R.. Guillaume Living Trust Seller: Richard W. and Donna J. Reichow Previous sale: $960,000 in 2016
Type: Single-family Lot size: 0.2 acres House size: 4,130 square feet Buyer: William R. and Cindy J. Newland Seller: Chaowarat and Sheryl Suchoknand Previous sale: $918,800 in 2018
ST. JOHNS
$1,062,500 163 Rum Runner Way, Saint Johns Type: Townhome Lot size: 0.12 acres House size: 3,514 square feet Buyer: Vaughn and Leslie Beasley Seller: Americrest Luxury Homes LLC
DUVAL
$925,000 4115 Avalon Circle, Jacksonville Beach Type: Single-family Lot size: 0.18 acres House size: 2,935 square feet Buyer: Duane S. and Heather Freeman Seller: Joseph Fant IV Previous sale: $875,000 in 2017
Marital/ Family Law
BUSINESS. CONNECTIONS. DIVERSITY. SUCCESS.
330281-1
CREW Jacksonville is advancing the commercial real estate industry’s most talented and connected business professionals.
JOIN US crewjax.org
Practice areas: • Divorce • Custody • Prenuptial Agreements • Modification Proceedings
Mark M. Green, Esquire
• Martindale-Hubbell AV rating • “Super Lawyers” Top Attorneys in Florida Included since 2007
• Who’s Who in Law • Professionalism Award Family Law Inns of Court
200 West Forsyth Street, Suite 450 | Jacksonville, Florida 32202 (904) 355-1155 | mgreen@gsmslaw.com
319202-1
WE BUILD THIS
It is our belief that family law matters are especially sensitive and emotionally consuming for clients. We are responsive to clients and return telephone calls in a timely and prompt manner because your concerns are our priority. Our family law team strives to provide the best service and advice based on forty (40) years of experience with family law cases. We believe that professionalism, together with hard work, will produce the desired results expected by clients.
JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
|
7
THURSDAY, MARCH 5, 2020
Plans in review for Cheswick South in Clay County
The community comprises 230 singlefamily homes at the extension of Cheswick Oak Avenue. A new subdivision in Clay County and a multifamily addition to Bannon Lakes in St. Johns are among the residential real estate projects in the pipeline for Northeast Florida.
Clay County The county is reviewing plans for the 129-acre Cheswick South subdivision, comprising 230 single-family lots. It’s part of the Branan Field Master Plan at the extension of Cheswick Oak Avenue, west of Orange Park. The site development includes 50-foot-wide lots; 3.18 acres of open space and recreation; public utilities, stormwater management; and 43 acres of wetlands preservation. n The county is review-
Duval County An application is in review to rezone 44.45 acres northeast of Julington Creek and Aladdin roads from residential rural-acre to residential low density-80 on 24.22 acres and conservation of 16.42 acres for an infill single-family subdivision that is compatible with zoning and development in the area. The conservation area will preserve wetlands adjacent to Oldfield Creek bordering the property. Jacksonville-based H. Smith Inc. is the applicant and agent for rezoning the property.
Nassau County Plans are in review for rezoning and a large-scale comprehensive plan amendment for 479 undeveloped acres within the William Burgess Overlay District north and south along William Burgess Boulevard, between Harvester Street and the Robert M. Foster Justice Center. The proposed development
by Jacksonville-based agent Gregory Matovina includes uses transitioning from commercial and high-density residential along William Burgess Boulevard and the Civic Center to retail, service and mediumdensity residential and then to suburban low-density residential near rural and natural conservation areas. The county recommends approval conditioned on the developer providing a 10-acre public school and park site.
St. Johns County Miami-based developer RREF III-P-EP Bannon Lakes JV LLC for Bannon Lakes is seeking to amend its comprehensive plan and modify its planned unit development zoning to add 280 multifamily and seven single-family units. The projected population would increase from 2,438 to 3,138 residents. The changes would increase the maximum residential density from 999 dwelling units to 1,286 comprising 934 singlefamily and 352 apartment, townhome or duplex units. Among the single-family homes, 95 units will be agerestricted senior housing and 839 units are not restricted. The multifamily residential will comprise 72 age-restricted senior units and 280 unrestricted units. Bannon Lakes would retain its approval for up to 105,000 square feet of commercial
File image
THE SAILER REPORT
SCOTT SAILER STAFF WRITER
ing plans for the expansion of Wilford Preserve west of Wood Stork Trail. Phase IV of the subdivision is an 85-acre parcel with 146 single-family, 50-foot-wide lots; public utilities; stormwater management; and the preservation of 32 acres of wetlands. Fleming Island-based Wood Development Co. is the developer of both projects.
A Miami developer wants to add multifamily units to the Bannon Lakes community in St. Augustine near World Golf Village.
space and up to 15,000 square feet of office use on 22 acres. Bannon Lakes is a 580-acre mixed-use development a half-mile east of Interstate 95 and International Golf Parkway, approved in 2015 and amended in 2017 and 2019. n The St. Johns County Planning and Zoning Board recommended approval Feb. 20 to rezone Fountains North, a 33.32-acre parcel along CE Wilson Road, northeast of I-95 and County Road 210 with access through The Fountains. Zoning would change from open rural to PUD to allow 300 multifamily units, 120 age-restricted units, 200,000 square feet of retail space, 80,000 square feet of profes-
sional and medical office use, and 30,000 square feet of outpatient surgical/clinical space. The developer is Jacksonvillebased DAR Investments Two LLC, led by David Ergisi. n The county is reviewing a concurrency application by KB Home Inc. for a 147-lot singlefamily subdivision, named Brookside Preserve, on 36 acres along Terrell Pappy Road, northwest of I-95 and County Road 210 West. The property also is being rezoned from open rural to PUD. SSAILER@ JAXDAILYRECORD.COM (904) 356-2466
MODEL HOME NOW OPEN $15,000 Grand Opening Builder Incentive *
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 For financing information, contact Paul Miller (NMLS# 121182) at CenterState Bank Mortgage. Cell: (904) 334-8080 | Email: paul.miller@centerstatebank.com www.csbankmortgage.com/paul-miller Subject to credit approval. CenterState Bank, N.A. NMLS# 403455
319156-1
*See Agent for Details
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
Lot J CONTINUED FROM PAGE 1
hotel and two parcels of low-rise residential that Smith said would include 200 units. Phase II is west of Lot J at what is a retention pond at North Georgia Street and Gator Bowl Boulevard. The renderings appear to shift Lot J’s proposed Class A office space to Phase II, which includes a high-rise residential tower and a mixed-use office/residential tower. “We’ve taken this a long way, so what you see is what we’ll build,” Smith said to the group of 56 Meninak members and guests meeting at the Doubletree by Hilton Hotel Jacksonville Riverfront. Smith said the 175,000-squarefoot office tower can support 800 employees. A parking garage will connect the Phase II buildings and a park is proposed for the site. “As you can see, we’ve got residential heavily ingrained in our development here because we need that critical mass to make all this work,” Smith said. The Jaguars and Cordish will need to find a tenant for the tower. “The office building is really driving the Phase II development,” Smith said after the presentation. “If we’re successful in identifying an office tenant, we will build that office tower.” Smith said there must be a market for the tower to start development. “We can build a lot of things, but office you don’t want to speculate on,” Smith told Meninak members. Jaguars President Mark Lamping told the Jacksonville Daily Record and Record & Observer
|
THURSDAY, MARCH 5, 2020
on Jan. 21 that Phase II could be nearly $200 million on top of the Phase I Lot J investment, bringing the development to between $650 million and $700 million. Future residential expansion is shown north of Lot J on what is now surface parking west of the stadium bordered by 121 Financial Ballpark. Smith said Cordish is working with the Jaguars to incorporate a Jaguars retail store or a “Jags Fit” 24-hour fitness center into Lot J. Other teams, including the San Francisco 49ers and Dallas Cowboys, have opened public NFLbranded fitness centers, according to Forbes.com. The low-rise residential development would feature groundfloor restaurant space and the high-rise residential tower could have ground-floor retail, Smith said. The developer also is in preliminary talks with a local grocery operator for a store at Lot J, Smith said. After his presentation, he said a 10,000- to 15,000-squarefoot concept could work in the development. Smith expects Lot J to create 1,000 construction jobs and 1,025 permanent jobs between the office tenants and hotel. PROJECT TIMELINE
Smith said he expects a final development agreement with the city to be ready for consideration by the Downtown Investment Authority and City Council in the next 30 to 60 days after nearly a year of negotiations. He did not talk about details of that deal. Mayor Lenny Curry’s administration has proposed $233.3 million in total city investment. That includes $208 million toward the development of
JaxDailyRecord.com
SHIPYARDS AND BEYOND
Photo by Karen Brune Mathist
The Cordish Companies COO Zed Smith, right, after speaking to the Meninak Club of Jacksonville. At center is club President Wes Benwick.
the Live! Arena, infrastructure improvements and a development grant. Smith said crews could begin environmental remediation at Lot J by summer, but he doesn’t expect vertical construction until June 2021. DIA board member Ron Moody is a Meninak member and will vote on the development agreement. He attended the March 2 meeting. In a phone interview March 4, Moody said Smith’s presentation had the most information he’s seen on the Lot J and Shipyards proposal. “It’s just the next step in what needs to take place in that area,” Moody said. “It is very encouraging. We’ve waited a long time but now we need to see some action.” The Jaguars declined to provide the Daily Record images and renderings from Smith’s presentation. CORDISH PORTFOLIO
Smith began his real estate career with The Rouse Company,
developer of The Jacksonville Landing. He joined Cordish in 2002. Cordish partnered with professional sports teams, including the St. Louis Cardinals and the Texas Rangers, for multiphase, mixeduse developments anchored by the team stadiums. The Cardinals partnership produced Ballpark Village, a sevenblock entertainment, office and residential development adjacent to Busch Stadium. Smith said Phase II of the Cardinals project is in development — a $260 million, 700,000-squarefoot project that includes a Live! by Loews hotel, 29-story residential tower, and a Class A office building. Smith told Meninak that taxpayer-backed investment from city partners is typical in Cordish developments. Kansas City, Missouri, invested about $300 million in infrastructure improvements when it partnered with Cordish to develop the 14-block Power & Light District, Smith said.
Smith’s presentation offered new information on Lot J and the Shipyards since Lamping delivered the State of the Franchise on April 18, 2019. Smith said waterfront residential development is the goal for the Shipyards project southwest of Lot J, and Cordish sees that as the best site for a Downtown convention center and hotel. The Jaguars have talked about a convention center on the site. “Ultimately, we’ll have residential on the waterfront. We want to do a hotel with condominiums for sale, so those folks living there would have a priority on marina space,” Smith said. For Cordish, it was the size of the combined developments that drew the company to partner with the Jaguars. Smith said Cordish and the Jaguars are “shoulder-to-shoulder” on their investment. In a response to a question from the Meninak audience, Smith said he doesn’t see the Jaguars’ decision to move a second home game to Wembley Stadium in London for the 2020 season as a precursor to the team leaving Jacksonville. “We’re putting our money in, they’re putting their money in,” he said of the Lot J and Shipyards development. “These kind of developments allow (the Jaguars) to generate more revenue. That’s their total focus here is how do they become more successful here in Jacksonville,” Smith said. “We certainly hope that the team stays here. We’re betting on the team staying here.”
MMENDENHALL@ JAXDAILYRECORD.COM @MIMENDENHALL (904) 356-2466
Timothy J. McDermott MEDIATOR | ARBITRATOR SPECIAL MASTER
The Civil Trial Law Firm, Jakab Law, PLLC, has added
• State and Federal Courts • Certified Middle District of Florida & Florida Supreme Court Circuit Court Mediator • Florida Supreme Court Qualified Arbitrator • Board Certified in both Business Litigation and Civil Trial by Florida Supreme Court • AV Preeminent rating since 1980s
MEDIATION & TRIAL SUPPORT SERVICES Specializing in ALL matters involving
Dispute Resolution Services at Jacksonville’s TIAA Bank Building and Throughout Florida
PERSONAL INJURY
Upchurch Watson White & Max | 800-264-2622 | uww-adr.com
and
linkedin.com/company/upchurch-watson-white-&-max
WRONGFUL DEATH
@UWWMmediation
GET YOUR – MEDICAL MARIJUANA – CARD HERE Fast Easy Certification
Schedule Today! Florida Bar Board Certified Civil Trial Lawyer Florida Supreme Court Certified Circuit Mediator 5-Star Rated by Martindale-Hubbell & Avvo.com
Call now for your FREE pre-evaluation by phone
JAKAB A
904 -299 - 5300
10695 Beach Blvd. Jacksonville, FL 32246 CMMDR.COM
W
CONTACT
ADDRESS
Phone: 904-683-2290 www.JakabLaw.com
6277 Dupont Station Ct. Jacksonville, FL 32217
Jakab Law pays referral fees per Rule 4.15 (f)(4)(D), Florida Rules Regulating the Florida Bar
FREE MARIJUANA DELIVERY Delivered directly to your home or business We provide Medical Marijuana in a variety of forms such as tinctures, pills, pain patches, vapes, concentrates, buds, vape shatter pills, dry flower & much more!
You NOW get the dry flower to
SMOKE!
330909-1
L
www.facebook.com/UWWMMediation
324802-1
318395-1
8
JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
|
THURSDAY, MARCH 5, 2020
9
PLANNING LOT J AND BEYOND Zed Smith, chief operating officer of The Cordish Companies, showed images of plans for the Lot J, TIAA Bank Field and Jacksonville Shipyards areas to the Meninak Club of Jacksonville on March 2. Cordish is working with the Jaguars to develop the area between Downtown and the stadium.
A promenade starts at the St. Johns River and extends past the west side of TIAA Bank Field. To the left is a park, marina and convention center in a future phase.
Two towers connected by a parking garage would make up Lot J Phase II, the area west of Lot J.
The Lot J area west of Daily’s Place comprises the Live! Arena, a hotel, residential and office buildings. The large towers on the right are part of the second phase.
A pedestrian courtyard in the middle of the Lot J area west of Daily’s Place.
Photos by Mike Mendenhall
Homes Ready Now In Aberdeen!
SUTHERLAND FOREST Homes From The Mid $200’s*
• Established St. Johns county community minutes from shopping & dining in Julington Creek & Mandarin, convenient to Racetrack Rd, CR-210 & I-95 • Community sports complex including wooded walking & biking trails, 25 acre park & lighted sports fields
Resort Style Amenity Center!
319328-1
Pool, Clubhouse, Fitness Center, Playgrounds & More!
Two Fully Decorated Model Homes Open Daily!
*Home and community information, including pricing, included features, terms, availability and amenities are subject to change and prior sale at any time without notice or obligation. See your new home consultant for details. Pictures, elevations, features, sizes and colors are approximate for illustration purposes only and will vary from the homes as built. CBC058997 ©2019 D.R. Horton, Inc. All rights reserved.
New Freedom Crossing Academy K-8 school within the community now open! Located on Longleaf Pine Pkwy just South of Racetrack Road in St. Johns county (904) 899-5967 • www.drhorton.com/nfl
1252 Shetland Dr. St. Johns, Florida 32259
Directions: From I-295, take exit 5B/San Jose Blvd South for 4.5 miles and turn left on Race Track Road. Travel 4.1 miles and turn right on Veterans Pkwy, then right on Longleaf Pine Pkwy for approximately 1.3 miles to Aberdeen Sutherland Forest on the left at Shetland Dr.
10
COMMERCIAL REAL ESTATE
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
|
THURSDAY, MARCH 5, 2020
JaxDailyRecord.com
Top commercial sales of the week BY SCOTT SAILER • STAFF WRITER
Here are the top 10 commercial real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Feb. 24- March 1.
File image
Spinnaker Reach Apartments sold for $42.35 million, 208% more than the $13.75 million it sold for in 2014.
DUVAL
CLAY
ST. JOHNS
DUVAL
DUVAL
$42,348,402
$10,550,000
$10,200,000
$6,225,000
$4,803,125
3875 San Pablo Road S., Jacksonville
606 Park Ave., Orange Park
150 Mariner Health Way, St. Augustine
1800 Edgewood Ave. W., Jacksonville
13090 City Station Drive, Jacksonville
Type: Spinnaker Reach Apartments Parcel size: 16.87 acres Apartment units: 288 Buyer: SREIT Spinnaker Reach LLC Seller: LCA Spinnaker Reach LP Previous sale: $13,750,000 in 2014
Type: Promenade Park Avenue Apartments Parcel size: 1.41 acres Buyer: Promenade Park Holdings LLC Seller: QPG Park Avenue Apartments LLC Previous sale: $6,740,000 in 2017
Type: Brookdale Senior Living – St. Augustine Parcel size: 4.13 acres Building size: 55,497 square feet Buyer: BKD St. Augustine LLC Seller: HCP St. Augustine LLC Previous sale: $11,400,000 in 2005
Type: Rosalind Villas Senior Apartments Parcel size: 10.35 acres Buyer: Tralee Rays Rosalind Villas Senior LLC Seller: Rosalind Villas LP
Type: Red Lobster Parcel size: 1.7 acres Building size: 7,303 square feet Buyer: The Mark J. Freitag Trust of 1988 Seller: RL Jacksonville LLC Previous sale: $4,183,800 in 2016
DUVAL
NASSAU
DUVAL
ST. JOHNS
DUVAL
$3,500,000
$3,272,102
$2,600,000
$2,325,000
$1,995,722
9000 Southside Blvd., No. 900, Jacksonville
852396 U.S. 17 Yulee
4483 Southside Blvd., Jacksonville
Marquesa Circle and Rum Runner Way, Beachwalk
300 Anastasia Blvd., Jacksonville
Type: School Parcel size: 4.55 acres Building size: Two buildings totaling 44,932 square feet Buyer: Jacksonville School for Autism Inc. Seller: Glen Southside LLC
Type: Service station Parcel size: 1.27 acres Building size: 3,638 square feet Buyer: ECM-BG2-Yulee FL-1UT LLC Seller: Boca Gas Co. Holdings 2 LLC
Type: Terra Gaucha Brazilian Steakhouse Parcel size: 1.16 acres Building size: 6,440 square feet Buyer: Southern Braz Realty LLC Seller: Kobe Inc.
Type: 31 residential lots in Beachwalk Parcel size: Not available Buyer: Lennar Homes LLC Seller: BVO LLC
Type: Service station Parcel size: 0.52 acres Building size: Two buildings totaling 2,318 square feet Buyer: ECM-BG2Jacksonville FL-7-UT LLC Seller: Boca Gas Co. Holdings 2 LLC
SAVE THE DATE
SPONSORSHIPS AVAILABLE
2020 DOWNTOWN TOUR & TASTING
Florida Medical Malpractice
F
or 20 years, attorney Sean Cronin has helped clients in Florida with
THURSDAY, APRIL 16TH
injuries and deaths caused by medical malpractice. As attorneys who are also veterans, our military experience helps us serve medical
malpractice victims and their families throughout Northeast Florida. Our
This year’s event provides the opportunity to taste wonderful sommelier-selected wines & appetizers while exploring various properties where the Downtown Rejuvenation is thriving! Network and meet new people at this event followed by a phenomenal After Party featuring an amazing local band, open bar and plenty of heavy hor d’oeuvres. This is an event you don’t want to miss. NAIOPNEFL.COM
attorneys handle both civilian and military medical malpractice claims.
Practice Areas Wrongful Death Medical Malpractice Military & VA Medical Malpractice
NAIOP Members $50 Non-members/Guest $75
Hospital Negligence
Sean B. Cronin
Partner
Cronin & Maxwell, pl
SPACE IS LIMITED!
ATTORNEYS AT LAW
904.388.9555 medical-malpractice-jacksonville.com 4250 Lakeside Dr., Suite 204 330525-1
Don’t miss out on this one of a kind event – Register today at naiopnefl.com If you have questions or need details, please contact: DT&T Chair, Anita Prewitt, 904/458-6281, aprewitt@dixiecc.com or Carmel Buchanan, 904/730-8075, naiopnefl@comcast.net
Jacksonville, FL 32210
LAWYER REFERRALS WELCOMED 323966-1
JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
|
THURSDAY, MARCH 5, 2020
11
BUSINESS CALENDAR To find more business events or to submit your event to the the business calendar, visit jaxdailyrecord.com/calendar.
File image
Emily Lisska, former executive director of the Jacksonville Historical Society, will speak to the organization March 18.
MARCH 18 Women in history: The Jacksonville Historical Society Speaker Series will present “Remarkable Women in North Florida History” with guest speaker Emily Lisska, former executive director of the society. The event is March 18 at Old St. Andrew’s Church at 317 A. Philip Randolph Blvd. Doors open at 11 a.m., lunch is available at 11:30 a.m. and the program starts at noon. Tickets including a box lunch are $15. Without the lunch, admission is free for society members and nonmembers are suggested to make a $10 donation. For registration and information, visit jaxhistory.org.
MARCH 31 Economic overview at NAIOP: Researcher and economist K.C. Conway will present the “Economic Outlook & Overview of CRE Influences” on March 31 at an event at the Sheraton Jacksonville sponsored by the NAIOP Commercial Real Estate Development Association Northeast Florida Chapter and the Florida CCIM North District. Conway is director of research and corporate engagement at the Alabama Center for Real Estate and chief economist at the CCIM Institute. Registration starts at 11:30 a.m. followed by lunch at noon and the program at 12:30 p.m. The Sheraton Jacksonville is at 10605 Deerwood Park Blvd. Registration is $35 for NAIOP and CCIM members and $55 for nonmembers and guests. Tables of eight seats are available. Registration is due by noon March 26. For information and registration, visit naiopnefl.com.
We Make a
File image
MARCH 26 Cybersecurity at FSCJ: Florida State College at Jacksonville will present a free event, “Cybersecurity is Everyone’s Business: Why it Matters to You” program and workshops, March 26 as part of its Business Speaker Series. The event is scheduled 9 a.m. to 1:30 p.m. at the FSCJ Advanced Technology Center at 401 W. State St. Downtown. Lunch will be provided. Kevin Johnson, CEO of Secure Ideas, is the lunch keynote speaker. His topic is “The Inside Man: Email Compromise and Business Identity Theft.” The series is presented by FirstFlorida Credit Union. Visit https://www.fscj.edu/ business-speakers for registration and information.
K.C. Conway, director of research and corporate engagement at the Alabama Center for Real Estate and chief economist at the CCIM Institute, will speak to NAIOP March 31 .
APRIL 29 Disruptors in health care: Florida State College at Jacksonville scheduled a “Disruptors in Health Panel” with Baptist MD Anderson Cancer Center on April 29 as part of the FSCJ Business Speaker Series. The event is 9-10:30 a.m. at the FSCJ Advanced Technology Center at 401 W. State St. Downtown. Action News Jax anchor Tenikka Hughes will moderate the panel. The series is presented by FirstFlorida Credit Union. Visit https://www.fscj.edu/ business-speakers for information.
DEVELOPMENT TODAY These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. CONDOMINIUMS Montreux at Deerwood Condominium Association Inc., 8550 Touchton Road, contractor is Workhorse Projects LLC, alteration, $25,000. INDUSTRIAL Amazon AMXL HJX1, 2780 Lloyd Road, contractor is Rick J Wilson & Associates Inc., 11,015 square feet, tenant build-out, $1.4 million. JB Coxwell Contracting Inc., 2881 Lloyd Road, contractor is Miller Electric Co., install solar electric system, $79,000. SIGNS St. John the Divine Greek Orthodox Church, 12760 Beach Blvd., contractor is Sauer Inc., monument sign, $20,000.
“ Difference
Ascension St. Vincent’s, Emergency, Entrance, Ambulance, 9820 Hutchinson Park Drive, contractor is iVisual Inc., eight permits for wall signs, $9,000. Beeline, 12735 Gran Bay Parkway W., contractor is Stellar Sign and Design LLC, wall sign, $7,200. RV Club USA, 13591 N. Main St., contractor is Advanced Electrical Contractors Inc., ground sign, $2,400. Collins Aerospace, 19531 Busch Drive N., contractor is iVisual Inc., wall sign, $2,400. Another Broken Egg, 1012 Margaret St., No. 9, contractor is Advanced Electrical Contractors Inc., wall sign, $1,500. Compiled by Scott Sailer
“One of the main reasons I love my job is it gives me the opportunity to be out in the community and constantly meet new people. I thrive on that. I would go crazy sitting at a desk all day. “After I call on potential customers or talk to my existing customers, I always feel like I’m in the know. I’m always learning about business and what’s going on in the community. “Those are great things that make it exciting to be part of a local news media company. You really feel like you’re involved and working to make your community a better place. “We make a difference. That’s a great feeling.” Beth Jacobson Multimedia Advertising Executive Sarasota Observer
Be a part of our success. Join the Observer Media Group’s multimedia advertising team at the Jacksonville Daily Record.
Please send resume and cover letter to: Matt Walsh 10 N. Newnan St. Jacksonville, Fla. 32202 jobs@yourobserver.com
PEOPLE ON THE MOVE Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@jaxdailyrecord.com WSOL-FM 102.3, known as Sunny 102.3 Jacksonville’s Greatest Hits. Kornberg will continue his role in media and public relations for the Jumbo Shrimp.
Kornberg 328892-1
Scott Kornberg was named the play-by-play broadcaster for the Jacksonville Jumbo Shrimp, broadcasting all 140 regular-season games on the Jumbo Shrimp Network on
12
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
|
THURSDAY, MARCH 5, 2020
JaxDailyRecord.com
THE BASCH REPORT
Stein Mart board feared for future MARK BASCH CONTRIBUTING WRITER
The Jacksonville-based retailer accepted a buyout offer from Kingswood Capital Management in January. Before Stein Mart Inc. agreed to a buyout offer in January by private equity firm Kingswood Capital Management, its board had concerns about the Jacksonville-based fashion retailer surviving on its own. According to a proxy statement filed March 2 by Stein Mart for shareholders to vote on the proposal, board members discussed the issues with law firm Foley & Lardner and investment banker PJ Solomon Securities in January. “The Board expressed concern that, over the longterm, the Company faced the potential risk of failure as a result of any future contraction of working capital, continued decline in sales or one of the many other challenges facing the Company and that such failure would likely result in major financial losses to the unsecured trade creditors and the loss of the jobs of all the employees and loss of value for the shareholders,” the proxy said. It also discussed the possibility of a Chapter 11 bankruptcy reorganization “and concluded the Company likely would not survive bankruptcy as a going concern due to the likely contraction of available credit from vendors and factors.” So, the board determined the buyout offer by Kingswood was the best option. As PJ Solomon solicited bids last year, Kingswood in May proposed a deal to buy Stein Mart’s shares for $1.50 each. However, as Stein Mart’s financial performance continued to disappoint, Kingswood lowered the price. It reduced
File image
The Stein Mart board discussed the possibility of Chapter 11 bankruptcy reorganization and concluded the company likely would not survive.
the offer to $1.10 in July and cut it further to 75 cents in early January after weak holiday season results. After Kingswood agreed to raise the price to 90 cents, the board accepted the offer Jan. 28 with the stock trading at 65 cents. The initial proxy statement didn’t set the date of the shareholder meeting to vote on the proposal.
Coronavirus spares Rayonier AM In the middle of last week’s market meltdown, Rayonier Advanced Materials Inc. reported a big loss for 2019. At least the Jacksonvillebased company said the coronavirus is not impacting its business in China. Rayonier AM reported a loss from continuing operations of $57 million for the fourth quarter and $119 million for the full year. “We faced a number of challenges as the impact of global trade disputes and tariffs led to a general collapse in the pricing from our commodity products, including high yield pulp, lumber, fluff and viscose,” CEO Paul Boynton said in the company’s conference call with analysts. China is a concern because the company, which reported 2019 revenue of $1.78 billion, sells about $230 million of products in that country, Boynton said. “While we see challenges in China related to the trade disputes and ongoing health crisis, there are also many
positive signs in the region,” he said. “On the trade dispute, the Chinese government recently announced it will allow purchasers for certain products including cellulose specialties, viscose and fluff pulp, to apply for exemptions from the tariffs,” he said. “We are working with our customers and expect to receive exemptions later in the first quarter or early in the second Boynton quarter.” The tariff dispute is a long-term concern but the short-term disruption of business in China from the coronavirus is not an issue so far for Rayonier AM. “In light of the ongoing health crisis in China, we are pleased to report that to date, cellulose specialties sales orders, shipments and cash collections from our key Chinese customers continue to flow at normal levels,” Boynton said. Rayonier AM is continuing to cut expenses to try and offset the pricing issues. The company said it is targeting $60 million to $70 million in new cost-saving measures, including $10 million to $15 million in corporate costs. “These (corporate) cost reductions will come from a combination of headcount reductions implemented in late 2019 and reduction of external services,” Boynton said. A Rayonier AM spokesman
said the company eliminated 10 jobs at the end of 2019 but it still employs about 4,000 people, including 120 in Jacksonville. With Rayonier AM’s stock price already beaten down by its poor results throughout the year, the stock wasn’t impacted much by the report in a week when the entire market was melting down. Rayonier AM fell 30 cents to $2.45 last week. D.A. Davidson analyst Steven Chercover said in a research note that “2019 was the definition of a perfect storm” and he maintained his “buy” rating on the stock. “We feel reasonably confident that 2020 will be better with commodity prices on the rebound, but coronavirus, poor execution, or plain bad luck could ruin the script for a happy ending,” he said. RBC Capital Markets analyst Paul Quinn maintained his “outperform” rating on Rayonier AM after last week’s report. “While we expect that operations will improve, we think that continued weakness in commodity markets (except lumber) will slow the turnaround,” Quinn said in his note. “Despite this, our expectation is that pricing will eventually normalize, unlocking the earnings power of the company’s assets,” he said.
St. Joe sales jump in fourth quarter The St. Joe Co. reported improved fourth-quarter results as the real estate development company increased sales in 2019. Revenue grew from $16.3 million in the fourth quarter of 2018 to $42.6 million in last year’s fourth quarter, St. Joe reported last week. With that gain, St. Joe recorded a profit of $8.7 million, or 15 cents a share, compared with a slight loss in the fourth quarter of 2018. St. Joe said it increased sales of residential homesites and commercial transactions, and also profited from the sale of nonstrategic rural land in Leon County. St. Joe Chairman Bruce Berkowitz said in his annual letter to clients of his investment company, Fairholme Capital Management, that
demographic trends are helping St. Joe. “Record numbers of Americans are working and retiring in Florida,” he said. “The company, with partners, has ignited residential and hospitality operations to meet accelerating demand. Over 900 homesites are under contract – four times more than two years ago.” Berkowitz is chief investment officer of Fairholme, which controls 44.3% of St. Joe’s stock. St. Joe, formerly based in Jacksonville, is headquartered in WaterSound in the Florida Panhandle, near most of the company’s development activities.
Publix sales rise to $9.8 billion Publix Super Markets Inc. said March 2 fourth-quarter sales rose 5.1% to $9.8 billion and sales at stores open for more than one year rose by 3.6% Earnings excluding securities transactions rose by a penny to 93 cents a share. The Lakeland-based supermarket chain said based on the latest appraisal, its stock price rose from $47.10 at the end of 2019 to $48.90 as of March 1. Publix’s stock is not publicly traded and is made available for sale only to company employees. The price is determined by an independent valuation five times a year. The company opened 35 supermarkets and closed seven in 2019, ending the year with 1,239 stores in seven states.
Trailer Bridge results drop Jacksonville-based Trailer Bridge Inc. recorded a drop in revenue and earnings in 2019, according to Seacor Holdings Inc.’s annual report. Revenue fell 8.8% to $158.3 million and earnings fell from $16.5 million in 2018 to $3.8 million last year. Fort Lauderdale-based Seacor owns a 55% noncontrolling interest in Trailer Bridge, which provides marine freight service between Jacksonville and Puerto Rico and the Dominican Republic. MBASCH@ JAXDAILYRECORD.COM
Let a Board Certified CiviL triaL Lawyer
Mediate your next Case ONLINE SCHEDULING CALENDAR
JBA GOVERNOR SINCE 2013
Personal Injury Probate Foreclosure Commercial
Civil Trial
Construction Collections
904.391.0091
Other
319337-1
jacksonvillemediator.com
323274-1
Insurance
JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
Judge Pauline Drake retires
MAX MARBUT ASSOCIATE EDITOR
‘I’ve retired from the bench, but not from the community,’ she says.
Duval County Judge Pauline Drake retired Feb. 27 in a ceremony at the Duval County Courthouse attended by her family, friends and colleagues. She’s using the term “retirement” loosely. “I have retired from the bench, but I have not retired from the community,” Drake said a few days later. Transition is not new to her. Drake first worked as a teacher. She received a bachelor’s in elementary education from Tuskegee University in 1974 and then a master’s in special education from the
University of Alabama in Birmingham. She left the classroom in 1982 to enter the University of Florida Levin College of Law. After graduating, she served as an assistant state attorney in Jacksonville for four years, then as regional legal adviser at the Florida Department of Law Enforcement before working in private practice. The late Gov. Lawton Chiles appointed her to the Duval County Court in 1998. She became the first black female appointed to the bench in the 4th Judicial Circuit, compris-
19th Biennial Convention James “Jim” Woodson Alumni Luncheon in Montgomery, Alabama. The association will present her the President’s Award that honors significant professional and community accomplishments made by Tuskegee University alumni.
Cobb
13
THURSDAY, MARCH 5, 2020
Gonzalez
Cobb, Gonzalez create endowment
THE MARBUT REPORT
Photo provided by 4th Judicial Circuit Court
At Duval County Judge Pauline Drake’s retirement ceremony, she showed portraits of her great-grandparents that have been displayed in her office at the courthouse since she was appointed to the bench in 1998. Drake shared their stories with her grandchildren, from left, Jeremiah Desir, Selah Grace Desir and Michael Desir, of overcoming adversity.
ing Clay, Duval and Nassau counties. “My appointment said to the community at large that we were recognized. It was never about being a black judge for black people. I wanted to make a difference with all people,” Drake said. For nearly 22 years, Drake presided over cases such as small claims, traffic court and misdemeanors. “County court is the best place to change lives. I listened to people and helped them understand the process, gave them the tools to get to personal accountability,” Drake said. She served on local and state Bar committees, including as chair of The Florida Bar Small Claims Rules Committee. Her professional volunteer work included the D.W. Perkins Bar Association, the Jacksonville Bar Association and the Conference of County Court Judges. As for her semiretirement, Drake said she will work with the James Lee Coon Jr. African American History Brain Brawl for public school students. She also will volunteer with the Northeast Florida Healthy Start Coalition to help reduce infant mortality and improve the health of children and families. “I might also volunteer to help children with special needs,” Drake said. Like most people who retire, Drake said she plans to spend time with her family and to travel. She will be the featured speaker Aug. 7 at the Tuskegee National Alumni Association’s
|
Attorneys Christopher Cobb and James Gonzalez established the Cobb & Gonzalez Construction Scholarship Endowment at the University of North Florida. The endowment will create scholarships for students enrolled in the UNF Construction Management Program, with preference to studentathletes. The law partners are former collegiate baseball players. Cobb serves on the UNF Construction Management Program board of advisers. “As former athletes, we understand the hard work and dedication that goes into being the best you can be. We are truly blessed to be able to offer this opportunity for the students at UNF,” Cobb said in a news release. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
Vote W. Braxton Gillam, IV for The Florida Bar Board of Governors I appreciate the support I have received from members of the Bar, including the following Bar leaders: Past Presidents of The Florida Bar:
Howard C. Coker Henry M. Coxe, III John A. DeVault, III Rutledge (Rut) R. Liles
Current & Past Fred D. Franklin, Jr. Florida Bar Board Michael Fox Orr of Governors: S. Grier Wells
Current & Past Presidents of the Jacksonville Bar Association:
Geddes D. Anderson, Jr. Jeptha F. Barbour Daniel K. Bean Stephen D. Busey Giselle Carson T.A. (Tad) Delegal, III G. Ray Driver, Jr. Thomas (Tom) S. Edwards, Jr. Elizabeth B. Ferguson Michael R. Freed
Courtney K. Grimm Christopher (Chris) C. Hazelip William (Bill) L. Joel Reginald Luster Marc M. Mayo James (Jim) F. Mosely, Jr. Alan M. Pickert Michael (Mike) G. Prendergast Troy K. Smith
Voting begins February 28, 2020 and ends March 23, 2020
331172-1
Thomas E. Bishop - Past Chairman of Executive Council of Trial Lawyers Section of The Florida Bar Amber R. Donley - Past President of D.W. Perkins Bar Association Christian P. George - Past President of Florida Bar Young Lawyers Division Craig A. Gibbs - Past Chairman of Executive Council of Trial Lawyers Section of The Florida Bar Corinne C. Hodak - President-Elect of Jacksonville Chapter of American Board of Trial Advocates Jamie W. Karpman - Past President of Jacksonville Women Lawyers Association Curry Pajcic - Past President of Jacksonville Chapter of American Board of Trial Advocates Jennifer Shoaf Richardson - Past President of Jacksonville Women Lawyers Association
14
THE BAR BULLETIN
|
THURSDAY, MARCH 5, 2020
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
THE19TH AMENDMENT
A CENTENNIAL CELEBRATION
INSIDE
CHILI COOK-OFF
Taking home the championship Winners of the 2020 YLS Charity Chili Cook-Off. PAGE 19
COMMENTARY
What’s behind the stucco lawsuits Instead of offering individualized legal services, certain law firms are providing mass market representation in an assembly-line fashion, not unlike foreclosure mills during the Great Recession.
PAGE 18
Image provided by American Bar Association
The American Bar Association’s 19th Amendment traveling exhibit was on display last month at Louisiana State University Law Center. It’s coming to the Duval County Courthouse on March 23.
An exhibit marking the 100th anniversary of amendment guaranteeing women the right to vote opens March 23 at the Duval County Courthouse. BY HELEN PEACOCK ROBERSON JACKSONVILLE CHAPTER OF THE FEDERAL BAR ASSOCIATION PRESIDENT
BY SARAH MANNION JACKSONVILLE WOMEN LAWYERS ASSOCIATION PRESIDENT
To commemorate the 100th anniversary of the passage of 19th Amendment, which guarantees women the right to vote, the American Bar Association’s Standing Committee on the Law Library of Congress created a traveling exhibit, “100 Years After the 19th Amendment:
Roberson
Mannion
Their Legacy and Our Future.” The exhibit features historic photos and information detailing the story of the suffrage movement, including post1920 efforts to expand voting rights as
well as current issues of disenfranchisement and voter suppression. The exhibit won a 2019 American Graphic Design Award from Graphic Design USA. It will be displayed March 23-April 3 on the first floor of the Duval County Courthouse at 501 W. Adams St. The local presentation is a collaboration of the U.S. District Court for the Middle District of Florida, Jacksonville Division; 4th Judicial Circuit Court;
COMMENTARY
Be honest about your mental health The reality is nearly every one of us is facing our own mental and emotional battles daily. PAGE 16
SEE CELEBRATION, PAGE 19
COMMENTARY PRO FROMBONO THE PRESIDENT
A new look at arbitration and home warranties Plain language determines how a dispute may be resolved, court rules. BY ELIZABETH FERGUSON & AVERY SANDER In a recent case out of Florida’s 1st District Court of Appeal, the court took a look at the interplay between structural warranties and arbitration, ruling the plain language of the warranty
Ferguson
Sander
determines which issues are arbitrable. In Wiener v. Taylor Morrison Services Inc., et al., 2019 Fla. App. LEXIS 18805 (December 19, 2019), homeowners filed a com-
plaint against the builder/seller of their home, Taylor Morrison. The homeowners alleged damages to their home due to violations of the Florida Building Code related to the stucco installation. Although Taylor Morrison had provided a 10-year structural warranty on the home, the homeowners did not allege a claim under the structural warranty. Taylor Morrison moved to stay the proceedings and compel arbitration pursuant to the
structural warranty and the trial court granted the motion. The homeowners then appealed the trial court’s ruling, arguing the structural warranty specifically laid out items that were excluded and were, therefore, not subject to arbitration pursuant to the arbitration provision: 6. This warranty does not apply to non-load-bearing elements which are deemed NOT to have the potential for a Major Struc-
tural Defect: e) brick, stucco, stone or veneer Further, the homeowners noted the structural warranty provided a definition of “major structural defect”: A Major Structural Defect is defined as a defect which causes actual physical damage to the load-bearing elements of your home (described below), which damage is caused by the failure SEE WARRANTIES, PAGE 18
THE BAR BULLETIN
PRO FROMBONO THE PRESIDENT
|
THURSDAY, MARCH 5, 2020
15
JBA CALENDAR
Essential assistance for low-income people
COMMITTEE MEETINGS For all meetings, register at jaxbar.org MARCH 10 Elder Law Noon, Jacksonville Bar Association MARCH 10 Judicial Relations Noon, Duval County Courthouse MARCH 12 Labor & Employment Noon, Jacksonville Bar Association MARCH 16 Pro Bono Noon, Jacksonville Bar Association
UPCOMING EVENTS
SARAH SULLIVAN JBA PRO BONO COMMITTEE
For all events, register at jaxbar.org
Voluntary Bar associations carry out their mission. One of the benefits of membership in a voluntary Bar association is the opportunity to provide pro bono assistance to low-income people alongside colleagues who share a common mission. For example, the American Inns of Court’s mission is to “advance the rule of law by achieving the highest level of professionalism through example, education and mentoring.” In furtherance of that mission, lawyers from the Florida Family Law American Inn of Court provided legal advice to survivors of domestic violence at the Hubbard House Outreach Center during Domestic Violence Awareness Month in October. In cooperation with Three Rivers Legal Services, Hubbard House assisted in screening clients. General Magistrate Beth Luna, outreach chair for Florida Family Law Inn, organized the event after seeing a need for self-represented litigants to be better prepared in family court. “This event was really helpful because pro se litigants came prepared to ask questions and attorneys were able to provide more substantial legal Luna advice, which can be of great comfort for a survivor of intimate violence.” Luna said. In November, members of the D.W. Perkins Bar Association assisted Three Rivers Legal Services in a seal-andexpunge legal clinic at River Region Human Services, a nonprofit that provides integrated health services including substance abuse treatment, mental health services and housing. Esmin Shakespeare, River Region’s senior director of social services, outreach and prevention, identified the need for a clinic Shakespeare for people trying to re-integrate into society. The agency provides programs for what lies beyond recovery and partners
Special to the Daily Record
Katrina Hamilton, administrative officer for D.W Perkins, participated in the clinic by performing background checks and case management.
with other service providers such as Three Rivers to assist in removing barriers that may keep River Region’s clients from continued success in sobriety. The D.W. Perkins Bar Association’s mission is to be that of a change agent to improve the plight of the African American community and to combat the effects of racial and social injustice. Providing pro bono help for the clinic provided an opportunity for attorneys to not only earn pro bono credit, but also provide access to justice for lowincome people consistent with D.W. Perkins’ mission. Katrina Hamilton, administrative officer for D.W Perkins, participated in the clinic by performing background checks and case management for the applicants. “Members of D.W. Perkins look forward to participating in events that, in particular, allow us to work together in helping citizens gain access to resources previously denied to them due to past mistakes, consistent with our mission and objectives,” Hamilton said. Attorneys received an hourlong training on seal-and-expunge law including recent changes. They met with River Region clients and assisted in completing the Florida Department of Law Enforcement Certificate of Eligibility packet. If eligible, clients received further assistance from Three Rivers in ensur-
THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President Elizabeth Ferguson Marshall Dennehey Warner Coleman & Goggin President-elect Michelle Bedoya Barnett Alexander DeGance Barnett Treasurer Michael Fox Orr Orr | Cook
Secretary Fraz Ahmed Coker Law Young Lawyers Section President Alessandro Apolito Lippes Mathias Wexler Friedman Executive Director Craig Shoup
ing the seal or expungement was completed. “Our members look forward to partnering with Three Rivers doing the seal-and-expunge clinic. It is a winwin event. Attorneys get briefed on new legal developments and earn pro bono hours while the clients get a chance at a fresh start,” said LaToya Williams, D.W. Perkins president. Williams The Jacksonville Beaches Bar Association partnered with Jericho Road Legal Service Ministry and Three Rivers Feb. 22 to serve clients at an Atlantic Beach legal clinic. Clients were screened and scheduled for appointments so that attorneys could be matched by area of law. They presented varying civil legal issues and JBBA members provided 15 hours of volunteer service.
MARCH 25 Jacksonville Bar Association Member Luncheon Noon, DoubleTree by Hilton Hotel Jacksonville Riverfront MARCH 26 Young Lawyers Section Happy Hour 5:30 p.m., The Players Grille Register at jaxbar.org
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.”
If you lead an organization or a law firm and would like to participate in a pro bono event, contact Sarah Sullivan, pro bono director for the Jacksonville office of Three Rivers Legal Services, at (904) 423-8966 or Missy Davenport, pro bono director for Jacksonville Area Legal Aid, at (904) 356-8371.
BOARD OF GOVERNORS MEMBERS Brian T. Coughlin Bedell Firm
Adina Pollan Pollan Legal
Christian P. George Akerman
Asghar A. Syed Gunster
Jamie Karpman U.S. Department of Housing and Urban Development Blane McCarthy Blane McCarthy
Cyndy Trimmer Driver, McAfee, Hawthorne & Diebenow Lindsay L. Tygart Coker Law
EDITORIAL COMMITTEE Editor-in-chief Kelly Karstaedt Jacksonville Justice Association | ABOTA Editors Iana Benjamin Cordell & Cordell Ashlea Edwards Akerman
Kirsten Oliver Law Offices of William W. Kurtz, Jr.
16
THE BAR BULLETIN
|
THURSDAY, MARCH 5, 2020
The reality is nearly every one of us is facing our own mental and emotional battles daily.
COMMENTARY FROM THE PRESIDENT
Mental health: It’s time to be honest about it KASEY WAGNER JBA MENTAL HEALTH & WELLNESS COMMITTEE CHAIR
The topic will be the focus March 25 at the JBA members meeting.
We are lawyers. That means we are strong, smart, disciplined, determined and unyielding. Until we run out of steam. Then we all but collapse under the weight of expectations – our own and those of the people around us. We may drink alcohol or abuse drugs, we might retreat from friendships, we could throw ourselves into our work and the downward spiral continues. Surely you have felt it. The pressure. The anxiety. That tense knot coming up from your stomach into your throat. That knot is how my anxiety rears its head. Or perhaps you are feeling angry, lost, depressed, addicted
or numb. Because our industry places so much value on strength and power, you may think you are alone. Let me assure you, you are not. The reality is nearly every one of us is facing our own mental and emotional battles daily. Until recently, I thought we had to do that alone. Luckily, I was wrong. Programs like The Florida Bar’s “Stigma Free YLD” have raised awareness of mental health issues and opened the door for conversations. On a local level, The Jacksonville Bar Association Mental Health & Wellness Committee is
trying to keep the dialogue going as well. Checking in with yourself daily is a good idea. Am I clear-headed or foggy? Focused or scattered? Am I stressed or centered? Content or upset? Are there parts of my body that hurt more than normal? Why? Or am I feeling great? How am I relating to others? Am I getting along with people or am I experiencing tension? A check-in can give you insight into what you may be dealing with on a given day, in addition to what is listed on your calendar. If something feels overwhelm-
ing during your check-in, you should reach out to your support system – your family, friends and your therapist. When it comes to your colleagues, being aware of mental health also is important. We often spend more time with our coworkers than with family members, so we are well-positioned to notice changes. In the post-9/11 world, we have heard the phrase, “If you see something, say something.” I charge us all to apply that to the issue of mental health. If you see someone’s mood change, or behavior pattern change, reach out to them. Ask how they are doing. That might be difficult. What if you are insulting them? You aren’t. If they are struggling, they will welcome your outstretched hand. If they are doing fine, they will let you know and thank you for caring. As lawyers, our jobs are not easy. We are professionals who strive to help our clients with their problems. It is time that we start to address our own problems in an open and honest way. If you need a place to start, try calling the Florida Lawyers Assistance Program at (800) 282-8981. If you would like to continue the mental health conversation, attend the March 25 JBA lunch, which will feature 20th Judicial Circuit Judge Lauren Brodie speaking about her family’s issues with addiction and mental health. There also will be a session, moderated by Whitney George, where we will discuss mental health triage for ourselves and our colleagues with therapists Caren Coleman and Diana Davis. Kasey Wagner is an attorney with Morgan & Morgan specializing in nursing home negligence and abuse claims.
LEGAL BRIEFS
Need CLE hours? Check out the JBA website
Upcoming CLEs
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
MARCH 11 CLE Seminar at The Players Presented by Hargray Fiber 8 a.m., TPC Sawgrass
Key reasons to renew your JBA membership
Register for CLEs at jaxbar.org
Topics include privacy issues in e-discovery; building a legal brand with social media; and CCPA, GDPR and other privacy laws impacting Florida businesses. Registration fee includes CLE credit, light breakfast, lunch, snacks and a full-service bar from 12:30-3 p.m. 4.0 CLE credits, including pursuit of technology and certification credits pending accreditation by The Florida Bar. Space is limited. Register at jaxbar.org and save your seat.
MARCH 31 What’s New in Estate Planning 8:30 a.m., Jacksonville Bar Association Learn what’s new in 2020 and get updates on the use of deeds and entities in asset protection and estate planning. Early registration is available at jaxbar.org through March 17. 3.5 CLE credits pending accreditation by The Florida Bar.
n Bench & Bar Holiday Party free to members n General and Law Day luncheons free to members n Annual golf tournament n Free committee participation n Access to Attorney Conference Center, Duval County Courthouse n Bar Bulletin – First Thursday monthly edition of the Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n Savings on exclusive member benefits n JBA E-News member email n Free listing in website directory with photo
THE BAR BULLETIN
|
THURSDAY, MARCH 5, 2020
17
COMMENTARY FROM THE PRESIDENT
The federal Lanham Act protects your business from counterfeiters
LOGAN MCEWEN JBA FRANCHISE, INTELLECTUAL PROPERTY AND TECHNOLOGY COMMITTEE CO-CHAIR
The rising tide of fake goods expands from handbags and watches to batteries, electronic cigarettes and THC products. The internet and associated commerce have significantly reduced barriers for the entry of new and small businesses, primarily in terms of marketing and consumer reach. What business owners and their attorneys encounter with increasing frequency are counterfeiters and unscrupulous competitors. In this age of drop shipping, internet reviews, consumer forums, social media and digital storefronts, bad actors in the marketplace can hit the ground running to start counterfeiting your products or disparaging your business. A tool to combat the rising tide of counterfeit goods can be found under Section 43(a) of the Lanham Act. More often than not, digital reach extends across state lines and so do the risks. This makes federal claims under the Lanham Act an invaluable tool against out-of-state counterfeiters and disparagers. What often trips up businesses and their lawyers is drawing the line between the two claims covered by those provisions of the Lanham Act. Section 43(a)(1)(A) of the Lanham Act addresses that sincerest form of commercial flattery: counterfeiting, passing-off and reverse passing-off. Counterfeit handbags and watches used to be big business. Now batteries, electronic and traditional cigarettes, THC products and an increasing number of consumer electronics are being produced and sold by counterfeiters. The first introduction your
New Hope Police Department
Police recovered 76,972 e-cigarette cartridges containing THC, along with $23,000 in counterfeit cash in September in Coon Rapids, Minnesota, a suburb north of Minneapolis.
business or client is likely to have with a counterfeiting issue is through customer service: A retailer or distributor you don’t know, in a territory where you don’t do business, sold a product with your trademark on it but with an unrecognizable serial number. Take for example the recent vaping-related lung illnesses and deaths. Most were attributed to illicit THC cartridges sold in jurisdictions where THC products are not legal for medicinal or recreational use. A few cases arose from legal purchases in THC regulated markets where the cartridges were counterfeit products. While profits and potential sales are a concern, the greatest threat counterfeiters pose is decimating the goodwill you’ve built
over years. Remember, you have a tool against counterfeiters, under Section 43(a)(1)(A), to stop them, confiscate the goods and stop future operations and sales. The second tool is under Section 43(a)(1)(B) of the Lanham Act. It addresses false advertising that occurs when your competitors make false claims about your business or their own. The rise in false advertising litigation seems logical due to the general rise in advertising. Online advertising removed the traditional barriers of production costs that kept otherwise inadvisable advertisements from being published. Now, advertising can be published to thousands of consumers within seconds of it popping into someone’s head. It’s important to know the
Lanham Act provides a remedy against competitors, not consumers. Negative reviews by consumers, even if false, do not fall within the scope of the Lanham Act’s false advertising remedy. Negative reviews by competitors pretending to be consumers also fall within the Lanham Act’s scope, if you can prove that connection. One of the benefits of a Lanham Act false advertising claim is the remedies include corrective advertising, whether payment for you to perform the advertising or the court ordering the other party to directly publish corrective advertising. The counterfeiting and false advertising provisions of the Lanham Act often are lumped together as unfair competi-
tion claims, but counsel for an injured business should be aware of the distinction. A counterfeiting claim brought under Section 43(a)(1)(B) (false advertising) will be subject to dismissal, as will a false advertising claim under Section 43(a) (1)(A) (counterfeit claims). While the claim may be salvageable through amendment, it is not a great start for the attorney or their client, especially if there are time-sensitive matters like a preliminary injunction. As the world gets smaller and louder, these legal tools will see increasing use in competitive markets. Logan McEwen is an attorney with Marks Gray focusing on intellectual property litigation and real property.
DO BUSINESS WITH OUR SPONSORS DIAMOND
SILVER
MEDIA
18
THE BAR BULLETIN
|
THURSDAY, MARCH 5, 2020
COMMENTARY FROM THE PRESIDENT
Mass market homes and the rise of construction defect litigation mills
SCOTT PADGETT JBA CONSTRUCTION LAW COMMITTEE CHAIR
“Stucco inspectors” are working with law firms. Mass market homebuilders are vital to the availability of affordable housing. Through economies of scale, they leverage materials purchasing power and have more consistency in their subcontractors’ performance of work. By using the same subcontractors to perform the same work on the same models of home, they are able to develop experience, reproducibility and trust in the performance of that work, reducing construction time and cost of supervision. We want homebuilders to streamline their means and methods to produce homes faster and with fewer expenses incurred so that we can purchase more for less. Along with the focus to be more competitive and provide greater value may come mistakes. Despite industry progress in automation, people are assembling components and driving nails. Therefore, defects are inevitable. As long as new homes are being built, particularly stucco homes, there will be a demand for residential construction defect litigation services. However, the business model of plaintiffs’ law firms meeting much of this demand in Florida has changed dramatically over the past decade. Instead of offering individualized legal services, certain firms are providing mass market representation in an assembly-line fashion, not unlike foreclosure mills during the Great Recession. The most interesting aspect of this practice may be the manner in which new cases are gener-
ated. Due to its role in the proliferation of construction defect claims and disruption of the construction insurance marketplace, it has become a hot topic among industry insiders. A case may originate when an unsolicited stucco consultant delivers to the front door of each single-family residence within a planned community a brochure offering free inspection services. It may display photographs that depict cracked stucco, and advise that the statute of repose bars recovery from contractors 10 years after the original home closing date. Upon accepting the offer of a free home inspection, the owner is referred by the consultant to a plaintiffs’ law firm that represents homeowners on a contingency fee basis. Then, the law firm engages the consultant to prepare an expert report describing defects observed during the inspection. The reports produced by
the consultant vary only slightly from home to home and appear to be mostly form reproductions. After commencing several proceedings against the same homebuilder and its subcontractors, the law firm may organize a group mediation in an attempt to simultaneously resolve 15-20 homeowners’ claims. So, are the business practices of construction defect litigation mills problematic? The answer depends on whom you ask. From the homeowner’s perspective, a consultant who brings to their attention the existence of construction defects that may have otherwise gone undiscovered prior to expiration of the statute of repose is helpful. Although a homeowner’s lack of or insufficient maintenance often contributes to the extent of damages, no one can credibly suggest that homeowners, who have properly maintained their homes, should be without a remedy for defective construc-
tion. On the other hand, for homebuilders, the evolving legal practice has become a source of seemingly unnatural disruption. Whereas homebuilders could previously self-perform warranty claim repairs at cost, that option often is no longer available because of the increased volume of claims and the manner in which they are being advanced by the homeowners’ attorneys. Thus, the large, self-insured builders with in-house counsel are spending more time and money defending and settling claims and the midsize builders are tendering more claims to their insurers, which has negatively impacted the construction insurance industry. Many builders and even some subcontractors now are unable to obtain products-completed operations hazard insurance coverage at any cost. Despite significantly reduced cover-
age, their policy premiums are skyrocketing. The most common criticism of construction defect litigation mills I hear from homebuilders, subcontractors and insurance adjusters is that the rate of claims has been artificially increased by lawyers who engage in unscrupulous solicitation practices, often drawing the analogy of ambulance chasers. Whether any attorneys are, in fact, encouraging or directing consultants to distribute brochures or disguising referral fees, I have no idea, but that is the perception of defect litigation mills held by many nonlawyers in the construction industry. From my perspective, that perception is a reason for concern. Scott Padgett is a shareholder and Board Certified Construction Lawyer at Rogers Towers, P.A., focusing on construction and business litigation.
Warranties: Some claims are not arbitrable CONTINUED FROM PAGE 14
of such load-bearing elements and is sufficiently severe such that your home becomes unsafe or inhabitable. . . . This warranty covers the catastrophic failure of load-bearing elements home. All parts of the definition of a Major Structural Defect must be present in order for coverage to arise. The ONLY covered load-bearing elements are:
n foundation systems and footings; n beams; n girders; n lintels; n columns; n walls and partitions; n floor systems; and n roof framing systems.
In response, Taylor Morrison argued the claims fell under the structural warranty and were subject to arbitration, but they
failed to provide any support for that claim. The appellate court noted that arbitration provisions are contractual in nature. Therefore, “’The intent of the parties to a contract, as manifested in the plain language of the arbitration provision and contract itself, determines whether a dispute is subject to arbitration. Jackson v. Shakespear Found., Inc., 108 So.3d 587,593 (Fla. 2013) (citing Seifert, 750 So.2d at 636)’.”
The appellate court further noted that as the homeowners had not alleged physical damage caused by “load-bearing elements” making the home unsafe or inhabitable, the claims are not arbitrable when the structural warranty is evaluated using the plain meaning of the terms. In light of this recent case, builders and sellers may be subject to litigation versus arbitration when the plain meaning of their warranties are compared to
the claims alleged by homeowners. Jacksonville Bar Association President Elizabeth Ferguson is a shareholder with Marshall Dennehey Warner Coleman & Goggin focusing on construction litigation. Avery Sander is a member of the firm’s Professional Liability Department.
THE BAR BULLETIN
|
THURSDAY, MARCH 5, 2020
19
YLS PRO CHARITY BONO CHILI COOK-OFF FROM THE PRESIDENT
Chili Cook-Off champions
Special to the Daily Record
From left, James Gonzalez, Christopher Cobb and Nick Elder of the Cobb & Gonzalez law firm with their trophy for Best Overall Chili.
T
sampled the chili made by nearly 50 teams and cast votes for their he Jacksonville Bar favorite in the 11th annual friendly Association Young competition. Proceeds from the law firms’ Lawyers Section had registration fees, combined with another successful Charity Chili Cook-Off donations from the public, are being tallied, but more than Feb. 15 at the Riverside Arts Market. $20,000 will be presented in late In addition to the official panel March to Clarke Schools for Hearof judges, hundreds of people ing and Speech.
By Bar Bulletin Staff
2020 YLS Charity Chili Cook-Off winners Best Overall: Cobb & Gonzalez Spiciest: Fisher, Tousey, Leas & Ball Meatiest: Moseley, Prichard, Parrish, Knight & Jones Most Original: Jacksonville Asian American Bar Association Best Fixins: Driver, McAfee, Hawthorne & Diebenow Best Cornbread: Moseley, Prichard, Parrish, Knight & Jones Most Spirited: Spohrer Dodd Crowd Favorite: The Liles Firm
Celebration: Community invited to reception CONTINUED FROM PAGE 14
Chester Bedell American Inn of Court; Jacksonville Chapter of the Federal Bar Association; Jacksonville Chapter of the American Board of Trial Advocates; Jacksonville Bar Association; and Jacksonville Women Lawyers Association. Funding is provided by the Bench Bar Fund of the Middle District of Florida. The community is invited to attend the opening reception from 5:19 to 6:30 p.m. March 24 in the atrium at the Duval
County Courthouse. Patriotic food will be served, the U.S. Navy Band will perform and Laura Rosenbury, dean and Levin, Mabie & Levin Professor of Law at the University of Florida Levin College of Law, will present a brief program on the 19th Amendment and the fight for a woman’s right to vote. The public is encouraged to bring their children to learn and celebrate. On March 26, the Chester Bedell American Inn of Court and the Jacksonville Chapter of ABOTA will present at the Duval
County Courthouse a reenactment of the 1873 trial of Susan B. Anthony. Anthony and 14 other women were arrested for voting in Rochester, New York, in the presidential election Nov. 5, 1872. They believed that women, as U.S. citizens, had the right to vote under the 14th Amendment to the U.S. Constitution. The reenactment begins at 10 a.m. in Courtroom 407 and will follow the transcript of the actual criminal trial. Students from area high schools will have lunch with ABOTA lawyers
afterward and discuss aspects of the trial. The Jacksonville Bar Association will present its annual Law Week poster contest in conjunction with the exhibit, as the theme of this year’s law week is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” The posters, created by students at West Riverside Elementary School, will be displayed on the first floor of the Duval County Courthouse. The public is invited to vote for their favorite posters.
The legal community is proud to host the ABA’s 19th Amendment Centennial traveling exhibit, and we invite the community to come to the Duval County Courthouse, view the exhibit and celebrate the 19th Amendment. Helen Peacock Roberson is a partner at Bishop & Mills handling commercial and individual litigation cases. Sarah Mannion is a real estate and bankruptcy attorney with Candyce M. King PA
JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
|
THURSDAY, MARCH 5, 2020
JaxDailyRecord.com
RACHEL RALL
RACHEL RALL Staff attorney, Three Rivers Legal Services Inc.
BY MAX MARBUT • ASSOCIATE EDITOR
Rachel Rall is president-elect of the Catholic Lawyers Guild of the Diocese of St. Augustine. Who or what inspired you to become a lawyer? As a paralegal for many years prior to attending law school, I was privileged to work with wonderful attorneys including Hank Coxe, now Duval County Judge Scott Mitchell, Brett Lucas and Annette Ritter. All were encouraging and allowed me to work to my full potential, leading me to want to be more than a paralegal.
How did you decide your practice area? Last year, I transitioned from a solo family law practitioner to public service with Three Rivers Legal Services. It offers me a great opportunity to give back to the community through serving lowincome individuals. Through the Home Sweet Home grant from The Florida Bar Foundation, I assist my clients to obtain title to their family property through probate and estate planning.
Education: Bachelor of science in business administration, Jacksonville University; Florida Coastal School of Law, J.D.
Family: My husband, Bill Gelwicks. My son, Mitchell Brown and his wife, Jen, and my two grandchildren, Christopher and Kyrston, are stationed at Hickham Field, Hawaii. My father lives in Norwalk, Connecticut. I have one brother, a retired Broward County sheriff’s deputy, and two sisters, both of whom are nurses.
Someone who inspires me: I don’t necessarily have any one person who inspires me, but I do lean on my faith to guide me in my practice, especially now that I work in public service. How do you relate your undergraduate degree to your practice of law? I have a bachelor of science in business administration, which helped me as an owner of my own family law practice. Understanding how business works helped me assist clients who owned businesses navigate through difficult times and I was able to guide my small business owners on how to run their businesses.
Age: 60
Hometown: I was raised in Chicago, but I have spent my entire adult life in Jacksonville.
Favorite book: Anything by John Grisham.
Special to the Daily Record
What do you think will be the next biggest change in your area of law? There is a movement to train unlicensed individuals to assist in giving legal advice. If I could change anything in the legal system: I would like to see the return of more formality in correspondence. These days there is much more reliance on emails and the art of the well-crafted letter seems to have gone by the wayside.
What’s your advice for new lawyers? Get a mentor and don’t hang out your shingle right out of law school. There is so much that is not taught in law school and most new lawyers don’t know what they do not know. A mentor will help navigate the actual practice of law and provide invaluable information to help a new lawyer grow into a successful and respected practitioner. There are great opportunities to obtain a mentor through the Jacksonville Bar Association’s mentoring program.
Books I’m reading now: Some of us at Three Rivers are reading “Twelve Steps to a Compassionate Life” by Karen Armstrong as a group. I am reading my way through the biographies of the U.S. presidents. I just finished “Andrew Jackson: American Lion” by Jon Meacham and I have just started reading “Diary: Divine Mercy in My Soul” by Maria Faustina Kowalkska. Websites or apps I can’t live without: Facebook. It helps me keep up with family and friends. Favorite activities when I’m not working: Gardening, crocheting, knitting and reading.
Victim of Nursing Home Abuse?
Call the Nursing Home Abuse Expert TM
TM
There is no excuse for mistreatment of nursing home residents. Your client deserves compensation for nursing home injuries: unexplained falls, burns, malnutrition, dehydration, bedsores or skin breakdown. We have no quota or volume requirements. We don’t hand your clients off to an assistant or junior attorney. We are specialists in nursing home law, aggressive and unrelenting. We know how to uncover hidden names and assets. You are kept informed. Please consult with us about your client. We pay referral fees in accordance with R, Regulating FLA. Bar 4.15(F)(4)(D).
The Nursing Home Abuse Expert™
COKERLAW.COM | 904.356.6071
STEVE WATREL 329316-1
OFFICES-JACKSONVILLE 319268-1
LEADERS IN THE LAW
20