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Mathis Report: Aldi buys site on Philips Highway PAGE 3
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Roosevelt Square might gain First Watch
Carla Miller Record &named Observer Lawyer of the Year JACKSONVILLE
Restaurant considering West Jacksonville shopping center that is being renovated and renamed Ortega Park.
Record & Observer Mary Littlejohn Singleton posthumously wins Liberty Bell Award.
☻BY KAREN BRUNE MATHIS EDITOR
JACKSONVILLE
Roosevelt Square’s conversion into Ortega Park continues as the city issued permits May 5 for almost $5 million in renovation and construction. One of the new buildings at the West Jacksonville shopping center is designated for First Watch, The Daytime Café. First Watch would occupy a new building near the corner of Roosevelt Boulevard and San Juan Avenue. The University Park-based restaurant company has six locations in Northeast Florida and more under development, including in Nocatee, Oakleaf and Baymeadows Park. First Watch, which did not respond to an email or call by deadline, operates for breakfast, lunch and brunch. It would join other breakfast and casual cafes, including Metro Diner and Panera Bread, at the 29-acre Roosevelt Square. Owner Dewberry Group of Atlanta is renovating the 59-yearold center that it bought in 1997. Dewberry Group completed two renovations and the transformation into Ortega Park is the third. Dewberry representatives could not be reached May 6. RLH Construction LLC of Oviedo is the contractor and referred questions to Dewberry. David S. Ware of Atlanta is the
Record & Observer Carla Miller, the director of the city Office of Ethics, Compliance and Oversight, learns via a virtual meeting with Jacksonville Daily Record Editor Karen Brune Mathis she was named 2020 Lawyer of the Year.
Law Day 2020 was a virtual event May 6, viewed online by more than 200 internet attendees. This year’s Law Day theme was “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100,” reflecting on women winning the right to vote.
LAW DAY SPECIAL SECTION, PAGE 7
SEE FIRST WATCH, PAGE 4
What’s trending: Jacksonville Zoo to open; Folio shuts down PAGE 2 San Marco Promenade apartments tops commercial sales PAGE 5 The Top 10 home sales of the week PAGE 20
THE BASCH REPORT
Publix sees total sales jump more than 16% Rayonier shut down in New Zealand. PAGE 6 VOLUME 2, NO. 49 • ONE SECTION
WHAT’S TRENDING
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JACKSONVILLE 7, 2020 DAILY RECORD / JACKSONVILLE RECORD & OBSERVER THURSDAY, MAY
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.
Daily Record Jacksonville Zoo, beaches to open JACKSONVILLE
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The Jacksonville Zoo HOW and Gardens TO REACH US is reopening and sunbathing will again 10 N.County Newnan St., Jacksonville, FL, 32202 be allowed at Duval beaches, JacksonvillePhone: Mayor Lenny an(904)Curry 356-2466, Fax (904) 353-2628 nounced May 5. jaxdailyrecord.com Beginning May 6, sunbathing, sitting and other beach activities willABOUT be alUS lowed and there will be no restrictions Jacksonville Daily RecordCurry and Jacksonville Record & Observer are a division of on hours. However, urged beachObserver Media Group Inc. goers not to gather in groups of 10 or more and to keep as much distance Established in 1912, theasFinancial now the Jacksonville Daily not required. between groups possible.News & Daily Record, Record,On is published and is the Official Newspaper ofthe thezoo Circuit Any Court enclosed spaces at will May 9, theMonday-Friday Jacksonville Zoo and CourtGardens and publisher of public notices in Duval County. will reopen, with some restric- be closed, as well as the gift shop, splash zone and playground. tions and safety measures. Jacksonville & Observer is a free available in “The zoo newspaper is one of our city’s most TicketRecord sales will be online-only andweekly business Downtown Jacksonville andparking key business nodes treasured throughout Jacksonville. findtoasee assets, And I’mTo glad required to enter the lot. Zoo location near you, visit jaxdailyrecord.com/rack-locations. staff members will have their tempera- it safely and cautiously reopen for our
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personal a id r lo F a d ttle u se(USPS yoRecord HaveDaily Jacksonville 190-620) is published or?daily except Saturday, n i m a r Sunday & legal holidays (New Year’s Day, Memorial Day, Independence Day, Labor fo im la jury c and Christmas) by Daily Record & Observer LLC, 10 N. Newnan inThanksgiving Day, 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.
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3
THURSDAY, MAY 7, 2020
Aldi preparing to demolish old Wells Fargo bank
The grocery chain plans to build a store at Philips Highway and Emerson Street. Aldi Inc. is preparing to demolish the closed Wells Fargo bank branch at 3650 Philips Highway for construction of a grocery store. The discount grocer intends to build a 20,442-square-foot store on almost 2.8 acres at Philips Highway and Emerson Street. Aldi Florida LLC bought the property May 4 from Wells Fargo Bank for $1.8 million.
File image
Aldi Inc. intends to demolish a former Wells Fargo bank branch it bought May 4 at 3650 Philips Highway for construction of a grocery store.
Schmid Construction Inc. of Clermont will demolish the two-story, almost 9,800-square-foot office building on the site at a cost of $56,000, the permit shows. Upham Inc. is the civil engineer. SGA Design Group of Tulsa, Oklahoma, is the architect. The city also is reviewing a permit application for Schmid Construction to build the Aldi store at a construction cost of $1.95 million.
DEVELOPMENT NOTES Cardinal Health to Westlake: The city approved a permit April 17 for Becknell Services LLC to make tenant improvements for Cardinal Health at 12075 Pritchard Road in Westlake Industrial Park at a job cost of $2.3 million. Cardinal Health Corporate Communications Manager Erica Lewis said previously the new site will be operational in July. Becknell developed the 185,686-squarefoot warehouse building last year. Cardinal Health intends to relocate its West Jacksonville medical products distribution center from Perimeter West Industrial Park into a larger building in Westlake Industrial Park. FIS to Riverside: The St. Johns River Water Management District issued a permit April 7 for Fidelity National Information Services Inc.’s world headquarters on 4.87 acres along Riverside Avenue. FIS submitted permit plans to the city April 15 for construction of its $145 million, 12-story, 376,414-squarefoot office tower and eight-story, 552,693-square-foot parking garage at 347 Riverside Ave. The Water Management District permit is for the construction and the operation of a stormwater management system.
Aldi’s Haines City division is developing the site.
St. Johns Bluff, Bahia Drive could land retail center
JEA issued a service availability letter for an 8.27-acre commercial development called HSC East Jacksonville at St. Johns Bluff Road and Bahia Drive. The project consists of a 20,000-square-foot retail
Self-Help Credit Union to North Jacksonville: The city approved a permit April 16 for Breaking Ground Contracting to build a 2,353-squarefoot building on 1.05 acres at 13134 Wolf Bay Drive for Self-Help Credit Union at a cost of $800,000. The site, at northwest Airport Center and Wolf Bay drives at River City Marketplace, will include a drive-up ATM and video teller. Self-Help Credit Union is based in Durham, North Carolina. CrossFit Ferrum to Mandarin: The city and the St. Johns River Water Management District are reviewing permit applications for CrossFit Ferrum/Element 26 Property Management Inc. at 14801 Mandarin Road. C. & R. General Contractors Inc. is the contractor for the 7,848-square-foot project at a cost of $686,166. The city issued an expedited mobility fee calculation certificate for the project. It calculated a fee of $83,219 to support the impacts of a 7,850-squarefoot project on 1.39 acres. Goodson Bergen & Associates is the civil engineer. A single-family home would be removed from the site. CrossFit Ferrum has a location in Saint Johns. Cheri Mooney and Andrea Werner are the co-owners and partners in Element 26. Reddi-Arts to Springfield: JEA issued a service availability letter for Petra to
Amazon plans on Blanding in review The St. Johns River Water Management District is reviewing plans for Amazon. com to convert the closed Kmart at 4645 Blanding Blvd. into a delivery center. Langan Engineering and Environmental Services Inc. of Fort Lauderdale is the civil engineer. The city issued a permit March 19 for Bryan Builders LLC of Longwood to renovate the 103,317-square-foot building for a package-delivery
build-out space for Reddi-Arts at 1731 N. Main St. in Springfield. Kelly McCormick bought Reddi-Arts in January from Bruce Meiselman, who owned it for 47 years, and plans to relocate it from 1037 Hendricks Ave. in San Marco to Springfield. Jacksonville-based Chase Properties bought the Hendricks Avenue property for redevelopment into Southbank Crossing, which will incorporate retail and restaurant space. Until then, Chase will allow Reddi-Arts to remain in the building. Petra Vice President Elias Hionides said Jan. 10 that Reddi-Arts would be leasing the first floor at 1731 N. Main St. The 7,170-square-foot space is next to Crispy’s Springfield Gallery, a restaurant that also displays art for sale.
RETAIL NOTES Dollar General to Panama Park: JEA is reviewing a service availability request for what appears to be Dollar General at southeast Main and 50th streets in Panama Park, north of the Brentwood area. Concept Development Inc. proposes the 9,100-squarefoot project. Dollar General is not specified, but Concept develops Dollar General stores. Starbucks, Aspen Dental to Regency: JEA is reviewing a request for
center at a cost of $12 million. City Council enacted Ordinance 2019-0877-E on Feb. 11 to rezone the 11.36 acres to permit the use. The bill changes the zoning to allow a 111,718-square-foot center, with vehicle staging. The Kmart store has been vacant for seven years. Blanding Self Storage LLC owns the site. Amazon intends to lease it.
Boulevard Crossing adding buildings The city issued a permit for Elkins Construction LLC to build a 6,826-square-foot retail building for lease at 5753 Beach Blvd. at Boulevard Crossing, the center under redevelopment at northwest Beach and University boulevards. Hallmark Partners is the developer. McDonald’s Corp. was the first to build with a new restaurant.
THE MATHIS REPORT
KAREN BRUNE MATHIS EDITOR
store and a 2,500-square-foot restaurant. Hix Snedeker Companies of Daphne, Alabama, requested the preliminary review. The company says on its website that it developed 5.3 million square feet of commercial space in 22 states, including 507,852 square feet in Florida. A representative said no development is confirmed. The land is owned by Pozin Six Children LLC.
KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
Starbucks, Aspen Dental and another retail tenant at the redeveloped TGI Fridays building at 9400 Atlantic Blvd. in the Regency Park Shopping Center. CPH Inc. is the civil engineer. The St. Johns River Water Management District is reviewing plans to refurbish the almost 8,000-square-foot building, developed in 1988, with a 3,814-squarefoot Aspen Dental office on one end and a 2,605-square-foot Starbucks and drive-thru on the other, with 952 square feet of retail space in between. It is a 1.06-acre site. Starbucks now leases at CB Square nearby at 9333 Atlantic Blvd.
FOOD NOTES Shipley Do-Nuts to Tamaya Market: The city is reviewing a permit application for a $189,000 build-out of a 1,526-square-foot space for Shipley Do-Nuts at 12667 Beach Blvd., No. 101, in Tamaya Market. RTH Good & Glazed LLC, led by Robert Hamlett, is the franchise owner. He wants to open it by September. Dunkin’ Donuts remodels: The city is reviewing permit applications for interior remodeling for Dunkin’ Donuts at 116 Oakleaf Village Parkway at a cost of $95,000 and at 6999 Merrill Road at a cost of $65,000.
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THURSDAY, MAY 7, 2020
JaxDailyRecord.com
These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. CHURCH, OTHER RELIGIOUS Hope for Life Baptist Church Inc., 7725 Ramona Blvd. W., contractor is Hygema House Movers Inc., foundation repair, $35,400. INDUSTRIAL U.S. Xpress, 9523 Florida Mining Blvd. E., contractor is Auld & White Constructors LLC, alteration, $500,000. OFFICE, BANK, PROFESSIONAL Concentra Inc., 1524 Normandy Village Parkway, contractor is Webb Properties & Improvements Inc., 8,360 square feet, new building, $350,000. Sawcross Inc., 10970 New Berlin Road, contractor is Sawcross Inc., 3,271 square feet, office expansion, $200,000. Florida Women’s Law, 8771 Perimeter Park Court, contractor is Quick Construction LLC, 3,006 square feet, tenant buildout, $135,000. ECS Control Systems Inc., 3069 Mercury Road, contractor is W.W. Gay Mechanical Contractors Inc., exit stair addition, $20,045. STORES, MERCANTILE Roosevelt Square, 4495 Roosevelt Blvd., contractor is RLH Construction LLC, 24,077 square feet, new building, $1.5 million. Roosevelt Square, 4411 Roosevelt Blvd., contractor is RLH Construction LLC, 4,703 square feet, new building, $1.5 million. Roosevelt Square, 4407 Roosevelt Blvd., contractor is RLH Construction LLC, 4,565 square feet, new building, $1.2 million. Roosevelt Square, 4495 Roosevelt Blvd., contractor is RLH Construction LLC, 83,260 square feet, partial building demolition and renovation, $690,940. Peterbrooke, 100 W. Bay St., contractor is Dana B. Kenyon Co., 1,433 square feet, tenant build-out, $294,256. Compiled by Scott Sailer
File image
An artist’s rendering of Ortega Alley, part of Ortega Park, the new name for the Roosevelt Square shopping center.
First Watch CONTINUED FROM PAGE 1
architect. A representative could not immediately provide a comment. The city approved permits May 5 for: Building A, anchored by Publix Super Markets Inc., demolition of a vacant part of the multitenant building and a facade renovation of the rest, including the grocery store, at 4495 Roosevelt Blvd. at a cost of $690,940. Building C, a 4,565-square-foot shell building for First Watch at 4407 Roosevelt Blvd. at a cost of $1.2 million. Building D, a 4,703-square-foot shell building at 4411 Roosevelt Blvd., near the First Watch building, at a cost of $1.5 million. Building F, a shell structure at 4495 Roosevelt Blvd., to the immediate east of the Metro Diner-anchored building, at a cost of $1.5 million. That struc-
ture, identified at 24,077 square feet, is designed as part of the Ortega Alley retail plaza within Ortega Park. The latest permits follow others. The city issued construction permits April 9 for a new building and the facade renovation of another. RLH Construction is building the 11,667-square-foot multitenant Building G next to Chick-fil-A at a cost of $1.75 million and renovating the facade of the building whose tenants include Metro Diner and Chase Bank, at a cost of $424,150. On March 24, engineer Mark Dowst & Associates Inc. filed construction and updated civil site plans with the city. Plans show Roosevelt Square comprises 311,220 square feet. Dewberry is removing 100,536 square feet of space, including retail space to the south of Publix, and building 53,275 square to create a floor area of 263,959 square feet. A year ago, Dewberry Group filed
plans with the city to demolish and rebuild space at Roosevelt Square. Dewberry demolished the closed Belk store in 2018. Other new construction is shown around the site. The city is reviewing permits for the project. Dewberry Group intends to rebrand the shopping center as Ortega Park, add apartments and develop the Ortega Alley retail shops. Dewberry renovated the property in 1999 and 2003. Ortega Park is the third redevelopment. Dewberrygroup.com says Ortega Park will grow to nearly 700,000 square feet and include shopping, dining and Class A multifamily units. Dewberry Group has not commented about the project, but it appears to be an investment of at least $70 million. KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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THURSDAY, MAY 7, 2020
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 April 27- May 3.
File image
Chance Partners LLC and EJF Capital LLC paid $53.66 million for the San Marco Promenade apartments at 1905 Promenade Way, west of Philips Highway between Mitchell Avenue and River Oaks Road at the edge of San Marco.
DUVAL
DUVAL
ST. JOHNS
ST. JOHNS
ST. JOHNS
$53,664,558
$6,012,270
$5,600,000
$1,360,642
$1,250,000
1905 Promenade Way, Jacksonville
13125 N. Main St., Jacksonville
6700 County Road 16A, Saint Johns
1010 Florida 312, St. Augustine
2198 Florid A1A S., St. Augustine
Type: San Marco Promenade apartments Parcel size: 8.99 acres Number of units: 248 Buyer: Promenade Jax Owner LLC Seller: CRP/Chance SMP Owner LLC
Type: Walgreens Parcel size: 1.8 acres Building size: 14,083 square feet Buyer: DS Jacksonville FL Landlord LLC Seller: Walgreen Co.
Type: Minorcan Mill singlefamily rental subdivision Parcel size: 58.24 acres Buyer: AMH Development LLC Seller: St. Johns Investment Fund XVI LLC Previous sale: $2,091,000 in 2018
Type: All American Air Parcel size: 0.60 acres Building size: 9,432 square feet Buyer: All American SC II LLC Seller: The Stephen R. Chapman Living Trust Previous sale: $125,000 in 1992
Type: Commercial Parcel size: 1.71 acres Building size: 3,857 square feet Buyer: SA1A LLC Seller: Reunion Bank of Florida Previous sale: $1,175,000 in 2013
ST. JOHNS
DUVAL
ST. JOHNS
DUVAL
DUVAL
$1,003,500
$617,874
$427,500
$272,900
$254,800
105 S. Ponce De Leon Blvd., St. Augustine
Kevin Road, Jacksonville
Gran Lake Drive, St. Augustine
10142 Roman Lane, Jacksonville
850 Spotted Fox Ridge Ave., Jacksonville
Type: Office Parcel size: 0.31 acres Building size: 5,400 square feet Buyer: Legendary Futures LLC Seller: RB Property LLC
Type: Nine residential lots in Fosters Hideaway Phase 2 Parcel size: Not available Buyer: Dream Finders Homes LLC Seller: Shellie Road Investors LLC
Type: Six residential lots in Gran Lake Phase 2 Parcel size: Not available Buyer: Dream Finders Homes LLC Seller: Gran Lake Inc.
Type: Single-family rental Parcel size: 0.16 acres Building size: 2,358 square feet Buyer: Cerberus SFR Holdings V LP Seller: Lennar Homes LLC
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“Medtronic continues to make progress with its pipeline and continues to work with regulatory agencies on timelines,” it said. “Clinical trials that are currently enrolling patients, however, have generally been placed on temporary pause to allow hospital clinical resources to focus on fighting COVID-19.” In the company’s business update, Medtronic said it is increasing production of ventilators fivefold to be able to make more than 1,000 per week by the end of June.
MARK BASCH CONTRIBUTING WRITER
Timber and real estate company was shut down in New Zealand because of COVID-19. Any American will understand why Rayonier Inc. was deemed an essential business that needs to continue operating during the COVID-19 pandemic. During the timber and real estate company’s quarterly conference call last week, CEO David Nunes said the forest products sector was designated a “critical infrastructure industry” by the U.S. Department of Homeland Security. “This designation was important to allow our industry to continue to supply critical items such as tissue paper, cardboard boxes and construction-grade lumber to end users as we manage through this crisis,” Nunes said, according to a transcript of the call posted by the company. Yes, America needs Rayonier’s timber for use in the production of toilet paper. However, not every country feels the same way about it. Rayonier, headquartered in Wildlight in Nassau County, manages about 2.2 million acres of timberland in the U.S. Southeast and Northwest. But it also has 415,000 acres in New Zealand, where timber production was halted last month. “The government instituted more stringent lockdown measures across a broader range of businesses, including forestry, beginning in late March,” Nunes said. “New Zealand ended these lockdown measures effective April 28, and we are currently in the process of restarting our operations there on a phased basis,” he said. Even before the April lockdown, Rayonier’s business was impacted by the COVID outbreak in China, stopping
File image
First-quarter sales at Publix Super Markets Inc. surged 16.1% as customers stocked up for the COVID-19 pandemic,
demand for logs shipped from New Zealand. That caused a big drop in first-quarter profits from the New Zealand operations. With profits down in its other businesses, Rayonier had a break-even first quarter on an adjusted basis. Nunes said the company remains in good shape. “As a pure-play timberland REIT, we enjoy strong margins and substantially less volatility than downstream manufacturing businesses. And we have a geographically diverse portfolio that further mitigates our exposure to any single region or product category,” he said. Rayonier is adding 141,000 acres of Northwest timber with the acquisition of Poulsbo, Washington-based Pope Resources, which it expects to close May 8. “Overall, while this has certainly been a tumultuous period, we believe we are managing through it well,” Nunes said.
Publix sees huge jump in sales Supermarkets are, of course, an essential business and have remained busy. So, it should be no surprise that Publix Super Markets Inc. reported a huge jump in first-quarter sales. The Lakeland-based grocer said last week that total sales rose 16.1% to $11.2 billion in the quarter and comparablestore sales (sales at stores open for more than one year) rose 14.4%. Publix estimates pandemicrelated business increased
sales by about $1 billion in the first quarter. Adjusted earnings in the quarter jumped 28.9% to $956.2 million, or $1.35 per share. Publix also said the price of its stock increased from $48.90 on March 1 to $50.10 on May 1. The company’s stock is not publicly traded and is made available only to employees, with the price determined by an independent valuation five times a year.
Medtronic ENT business deemed ‘more elective’
Global medical device maker Medtronic plc also is providing essential services during the pandemic, including stepping up production of urgently needed ventilators. However, its Jacksonville division, which produces surgical instruments for ear, nose and throat physicians, is not considered as essential as some other operations. In an update on how COVID-19 is impacting operations, the Ireland-based company listed all of its products under the categories of “more urgent,” “moderately elective” or “more elective.” The ENT business fell into the more elective category. In response to an inquiry on how the pandemic is affecting operations in Jacksonville, a Medtronic spokeswoman did not give specifics on the business but issued a broad statement, saying the impact “remains fluid” as it monitors the situation.
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The St. Joe Co. reported last week a first-quarter loss of $1.5 million, or 3 cents a share. The real estate development company said shutdowns to its hospitality operations during the pandemic affected results. St. Joe develops residential communities and commercial properties but also operates two hotels and resort amenities in the Florida Panhandle. The company, long headquartered in Jacksonville,
The pandemic is increasing sales of Maxwell House coffee produced in Jacksonville, as fewer consumers go out to cafes and instead drink coffee made at home. However, total coffee sales at parent company Kraft Heinz Corp. dropped in the first quarter because of a loss of business in Canada. Kraft Heinz last week reported $275 million in first-quarter coffee sales, down from $308 million the previous year. The company blamed the decline on the end of a licensing agreement with McDonald’s Corp. to make McCafe brand coffee. The license to use the McCafe brand in Canada expired in December. McDonald’s also has a new agreement with Keurig Dr Pepper Inc. to produce McCafe brand products in the U.S., beginning in the second half of 2020. The company’s plant in Downtown Jacksonville is its last remaining U.S. Maxwell House plant. Speculation has been ongoing for more than a year that Kraft Heinz is trying to sell Maxwell House, but the company has not publicly commented on it. Many Kraft Heinz brands had been struggling but with more consumers staying home to eat, the company said U.S. sales rose 6.4% to $4.5 billion in the first quarter. It said retail consumption in all of its businesses rose in March because of the pandemic.
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Black Knight Inc. on May 5 reported first-quarter earnings that were higher than analysts’ forecasts. However, the Jacksonvillebased mortgage technology company lowered its forecast for the rest of 2019 because of the impact of the pandemic. Black Knight’s adjusted firstquarter earnings of 47 cents a share were 3 cents higher than the first quarter of 2019 and 2 cents higher than the consensus forecast of analysts surveyed by Zacks Investment Research. Meanwhile, Black Knight lowered its earnings forecast for the full year from its previous prediction of $1.97 to $2.06 a share to a range of $1.90 to $1.97. The company said the effects of the pandemic include lower foreclosure-related volumes in its specialty servicing software business, because of foreclosure moratoriums. Black Knight, which has 2,339 employees in Jacksonville and 4,911 in total, said more than 99% of its employees are working from home.
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moved its offices to WaterSound in the Panhandle to be closer to its developments. In a news release, CEO Jorge Gonzalez said St. Joe’s “fortress-like balance sheet” and diverse revenue streams are helping the company manage the impact of the pandemic. “Even in times of disruption and uncertainty, not all industries are affected in the same manner nor are their recovery the same,” he said. “As the hospitality segment continues to be materially impacted by the current shutdown, the residential and commercial segments are proving to be more resilient.”
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Rayonier ‘essential’ here, but not everywhere
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LAW DAY 2020
An honor, virtually Because of the COVID-19 pandemic, Law Day 2020 was a virtual event May 6, viewed online by more than 200 internet attendees. The Jacksonville Bar Association and the Jacksonville Daily Record introduced the Liberty Bell Award and Lawyer of the Year winners. This year’s Law Day theme was “Your Vote, Your Voice, Our Democracy: The 19th Amendment
at 100,” reflecting on women winning the right to vote. In her keynote address, retired state Supreme Court Justice Peggy Quince explained the evolution of voting rights in America and charged attorneys with the responsibility to help the community understand the importance of everyone who is eligible exercising their right to have their vote counted.
LAWYER OF THE YEAR
Carla Miller The director of the city Office of Ethics, Compliance and Oversight has been ensuring ethical conduct and transparency in government for more than two decades.
PAGE 9
KEYNOTE SPEAKER
Peggy Quince The retired state Supreme Court Justice reflects on the passage of the 19th Amendment and says not enough people are exercising their right to vote.
PAGE 12
LIBERTY BELL WINNER
GUEST COLUMN
Sarah Mannion Foreman The president of the Jacksonville Women Lawyers Association on the Law Day theme of “Your Vote, Your Voice, Our Democracy.”
PAGE 8
Mary Littlejohn Singleton Jacksonville and state lawmaker is the first to posthumously receive the award, which the honors the work of a nonlawyer.
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LAW DAY 2020
YOUR VOTE, YOUR VOICE, OUR DEMOCRACY SARAH MANNION FOREMAN JACKSONVILLE WOMEN LAWYERS ASSOCIATION PRESIDENT
On the 100th anniversary of the 19th Amendment, remember the struggle of women for the right to vote.
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Women rally for the right to vote in New York in 1916. The 19th Amendment to the U.S. Constitution was ratified Aug. 18, 1920.
resolution in favor of the right of women to vote, although some, even a few of the event organizers, believed the idea to be too radical. It was a sign of the fight to come – not only would these suffragists have to convince male voters and legislators of the equity of their vote but they also would have to convince members of their own sex. Over the next several decades, women like Elizabeth Cady Stanton, Lucy Stone, Susan B. Anthony, Sojourner Truth, Carrie Chapman Catt and Alice Paul would suffer and endure arrests, imprisonment, degradation, hunger strikes and much more – all in the name of suffrage. In 1878, Sen. Aaron A. Sargent introduced the original 19th Amendment. Although the initial introduction did not immediately get off the ground, Sargent’s actions demonstrated that the suffrage movement had allies in the government and those would only continue to grow over time. The suffrage movement
gained further traction during the Progressive Era, particularly when the movement was endorsed by former President Theodore Roosevelt in 1912. Not everyone was convinced. That same year, The New York Times published an editorial that predicted with suffrage, women would make impossible demands, such as, “serving as soldiers and sailors, police patrolmen or firemen...and would serve on juries and elect themselves to executive offices and judgeships.” The Times was right. The ultimate push for widespread acceptance came in 1918 when two events would alter the course of American history – the entrance of the U.S. into World War I and the Spanish flu pandemic in 1918. Because of the deaths caused by the flu and the mobilization of men into the armed forces for the war effort, women moved into the workplace and took on jobs and duties generally held by men. In September 1918, President Woodrow Wilson called for approval of the suffrage amendment saying, “We have
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made partners of the women in this war; shall we admit them only to a partnership of suffering and sacrifice and toil and not to a partnership of privilege and right?” Between 1918 and 1919, several attempts to pass the amendment were made in Congress and were narrowly defeated. On May 21, 1919, the House of Representatives passed the amendment and on June 4, 1919, the Senate followed suit. Thirty-six of the 48 states had to ratify the amendment in order for it to become part of our Constitution. On Aug. 18, 1920, Tennessee became the 36th state to ratify the 19th Amendment and women officially won the right to vote. Florida did not ratify the amendment until 1969. After the 19th Amendment was ratified, women did not immediately turn out to the voting booths in droves. Many had to be convinced that voting was their right and that voting matters, that their voice would be heard. Between 1920 and 1980, women voted in larger num-
bers but still trailed men in voter turnout; however, since in 1980, women have had greater turnout than men in presidential elections. According to the Pew Research Center, in the 2018 midterms, more than half of the women eligible to vote went to the polls. Since 1980, women not only have voted more often than men, more women are in leadership and positions of influence. Four women have been appointed to the Supreme Court; many women have served in Congress or been elected governor. Little girls can see themselves in their elected officials and it’s because of the bravery and tenacity of those women who, more than 100 years ago, spoke up and demanded equality and the right to have their voice heard. We honor them now by remembering, but more importantly, by voting. SARAH MANNION FOREMAN IS A REAL ESTATE AND BANKRUPTCY ATTORNEY WITH CANDYCE M. KING PA.
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The 19th Amendment to the U.S. Constitution states: “The rights of the citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.” Twenty-nine words incorporated into our Constitution nearly 100 years ago continue to have profound impact on our culture, our society and our ideals. On this Law Day, we remember the struggle of those women whose shoulders we stand. We do them justice by exercising that hard-fought right to vote and by paying homage to their dedication and steadfastness to the cause. When our country was founded, many customs and laws from England were brought over, including the belief that women were chattel, owned by their husbands. As such, they had no right to their own economic freedom. In the early 1800s, the idea of a “separate economy” began to take hold and state by state, legislatures passed laws allowing women to own and control property in their own name. As more women began exercising their economic power, the idea that women should have an equal voice at the voting booth began to take hold. In 1848, 300 women and men attended the Seneca Falls Convention and passed a
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THURSDAY, MAY 7, 2020
LAWYER OF THE YEAR
Keeping government fair, ethical BY MAX MARBUT ASSOCIATE EDITOR
In recognition of her 23 years of service to the people of Jacksonville to ensure ethical conduct and transparency in city government, Carla Miller is the 2020 Jacksonville Daily Record Lawyer of the Year. “I have tremendous respect for her knowledge and experience. Carla is clearly the most well-versed person in the city of Jacksonville on ethics,” said former Mayor John Peyton, who appointed Miller the city’s ethics officer in 2007. After graduating from the University of Florida Levin College of Law in 1979, Miller joined the U.S. Attorney’s Office in Jacksonville, where she prosecuted white-collar crime. Miller was in private practice in 1997 when she volunteered to serve on the city Ethics Commission, recruited by Mayor John Delaney and the city general counsel. “I knew John Delaney and Rick Mullaney in law school. One of John’s campaign platforms was to enhance the city’s ethics laws,” Miller said. She helped write the first ethics code for local government that was adopted into law
Special to the Daily Record
Carla Miller, director of the city Office of Ethics, Compliance and Oversight, is the 2020 Jacksonville Daily Record Lawyer of the Year.
two years later. The city also established a 24/7 confidential whistleblower hotline to give city employees and the public a means to report suspected unethical activity. “We wrote in it that the city should have an ethics officer. John Delaney wanted me to do it, but I had my private practice, so I said I’d do it, but I’d volunteer,” Miller said. She accepted the ethics officer appointment from Mayor John Peyton in 2007 and became a city employee. In 2011, Miller became director of the city Office of Ethics, Compliance and Oversight. She was named a fellow of the
Edmond J. Safra Center for Ethics at Harvard University in 2013. It was established 30 years ago to strengthen teaching and research about ethical issues, foster sound norms of ethical reasoning and civic discussion and to share its work in the public interest. Since forming a nonprofit dedicated to promoting ethics development and education, CityEthics.org, Miller has become a well-known ethics consultant. She has helped many other municipalities in the U.S. and foreign governments, including Greece at the request of the European Union, develop and enforce ethics practices. Miller said while every gov-
ernment has its unique elements, the needs are consistent when it comes to ethics. “The basics are the same. When I was in Greece, they asked the same questions I’m asked in the U.S. and in Jacksonville. The issues are the same and the goals are the same when people want to improve ethics and make their government fair,” Miller said. Most recently, Miller was the first to raise a red flag about the failed attempt to sell JEA, the city-owned electric and water utility. She initiated an investigation with the city Inspector General that revealed conflicts in the negotiation process and led to the end of the proposed sale, as well as the resignation or termination of several JEA top executives involved in the negotiations. Jacksonville Bar Association President Elizabeth Ferguson said Miller exemplifies the traits of the Lawyer of the Year. “Each of the nominees are excellent examples of the best of what the Jacksonville Bar Association has to offer. They must demonstrate the standards and characteristics the Jacksonville Bar Association values, including professionalism, integrity and an outstanding commitment and service to the community. “Carla Miller exceeds each of these requirements,” Ferguson said.
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LAWYER OF THE YEAR 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
Carla Miller Kathy Para Mike Freed Alan Pickert Stephen Pajcic III Lori Boyer G. Ray Driver Jr. Giselle Carson George Gabel G.E. Schulz Jr. Cindy Laquidara W.C. Gentry Robert Rhodes Howard Coker Robert Spohrer William Scheu Jr. Circuit Judge Karen Cole Rick Mullaney Jake Schickel E. Lanny Russell Robert Harris Joseph Milton Audrey Moran Howard Dale Mark Hulsey William Brinton James Rinaman Jr. Hank Coxe William Scheu Jr. David Foster J. Shepard Bryan Charles Towers Jr. Tracey Arpen Jr. Daniel Coffman Jr. Hugh Cotney
LAW DAY 2020
From the city’s first ethics code to the JEA, Carla Miller keeps watch.
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James E. Farah James A. Farson Davor Fetahovic First Coast Heart and Vascular Center First Coast LTC, Inc. Mitchell Fischer Alan M. Fisher Gina Marie Fishman Fletcher & Phillips, PLLC Virginia Forsyth Jessica Morgan Foster Beverly Herin Furtick Nicole Gardner Julia Gazecka John F. Germany Jr. Craig Anthony Gibbs Harold Timothy Gillis James Kerr Crain Glober Brian L. Goins Alexander McRae Graham Stephanie Ullman Grau Rachel D. Gray Mark M. Green Gwendolyn Hutcheson Griggs Larry Thomas Griggs Renee Danfora Grosse Mattox S. Hair Nova Danielle Harb Whitney Carson Harper Chantal Jacqueline Harrington Jonathan Lee Hay Christopher Charles Hazelip Eric Lee Hearn Christopher Howard Henderson Maria Henderson Jan Hirabayashi Craig Peter Hoffman Julia Michele Irving Holden-Davis Stephen A Hould Michael J. Howell Dawn Kuhlmey Hudson Douglas Bradley Hughes John Wilson Humes Jr. Kellie Marie Humphries Corrina Hunt NestEggs Inc Aaron James Irving Jackson Law Group Don Jackson Jacksonville Chapter Federal Bar Association Jacksonville Country Day School Jacksonville Track Club Laura Fannin Jacqmein Thomas Jenks Thomas Murray Jenks Kristina Johns Ana Davis Johnson John Russel Jolly Richard Keith Jones Kevin Andrew Kane Frederick Heber Kent III Kids First Dentistry Rohit Kirpalani Andrew Jackson Knight II Michael Anthony Kolcun James Edward Krause Caroline Elizabeth Kubovy Kellie LaGatta Christian Lake Paula Norville Lamb Lauren Parsons Langham Jeremy Durward Lasnetski Latour Roberts, PA John Edward Lawlor III Sharon Strayer Learch Michael Richard Leas Steven Alan Leitman Rutledge Richardson Liles Jon M. Lindell Melissa Lockhart Joy A. Lordahl Frederick Jacob Lotterhos III Michele Ludwick Ryan M. Ludwick
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Terrance Edward Schmidt Maruchi and Jim Schumacher Ashwin A. Sharma Elizabeth Daley Shaw Ali and Jamie Shelton William G. Shelton Jr. Josh Shilts Mark August Sieron Michael Anthony Siragusa Howard William Skinner Amanda Farmand Smith Judy-Ann Smith Marianna S. Smith Smoak, Davis & Nixon, LLP Nollys Solarte Sears Childers Steele III Breanna Stern Max Story Thomas Cleveland Sullivan Christine Sweet Michael Grant Tanner Sharon Howard Tanner Billie Jo Taylor Keith Taylor Lisa Ormand Taylor James T. Terrell The Jeff & Doris Goldstein Donor Advised Fund The Lasky Law Firm The Lawrence Law Group, P.A. Joel Barry Toomey Clay Burford Tousey Jr. Jason Mark Trager Leonard Trapane Charles Trippe Brent Tuten Jason Paul Van Lenten Suzanne M VanLeeuwen Lisa Paquette Varon Heath Vickers James V. Walker Thomas Edward Wallace Waddell Arlie Wallace III Donald Wills Wallis Scott D Warren, M.D. Stephen Watrel Benjamin Johnson Weaver Jr. Dianne Jay Weaver Lauren Mackenzie Weisman Susanne Reece Weisman David M Wells Edward Gilbert Whitaker Jr. Bill White Joshua A. Whitman Laurel French Wilson Victoria Wilson Stephen Kyle Winham Ellen Wiss Jill Witter Michael Wodrich Garry Wood Jeffrey Alan Yarbrough Rogih Yazgi Evan Jay Yegelwel Jeffrey Scott York Carolyn Schifreen Zisser
This listing reflects contributions received from law firms, businesses and individuals to Jacksonville Area Legal Aid, St .Johns County Legal Aid and Clay County Legal Aid from January 1 - December 31, 2019. Please notify Dennis Harrison, Chief Development Officer, of any errors or omissions to the list by calling (904) 356-8371. If an error has occurred please accept our sincere apologies and we thank you in advance for your understanding.
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JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER
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THURSDAY, MAY 7, 2020
JaxDailyRecord.com
KEYNOTE SPEAKER
Rights and responsibilities LAW DAY 2020
Retired state Supreme Court Justice Peggy Quince says too many people are not exercising their right to vote won after a hard-fought battle.
Jacksonville Bar Association Law Day keynote speaker retired state Supreme Court justice Peggy Quince. Special to the Daily Record
BY MAX MARBUT ASSOCIATE EDITOR
In her keynote address to the Jacksonville Bar Association at its annual Law Day meeting on May 6, retired state Supreme Court Justice Peggy Quince referenced the associations dedication to maintaining its Law Day meeting tradition, despite having to convene virtually because of the COVID-10 pandemic. “It could have been easy to cancel, but you thought it was important to have this meeting,” Quince said. The theme for Law Day this year is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” It recognizes the 100th anniversary of the ratification in 1920 of the amendment to the U.S. Constitution that guarantees women the right to vote. “It reminds us of the importance of the rights we have and the responsibilities we have under the law,” Quince said. The original Constitution did not specify who had the right to
vote. It was left up to the 13 colonies to establish that practice. Quince said there were three basic premises for the right in the 1700s: Ownership of property, religion and that voters had to be a free, white man. Quince said initially, four states allowed freed black slaves to vote and in New Jersey, women who owned property had the right to vote. By 1856, white men who didn’t own property had the right to vote and by 1870, with ratification of the 15th Amendment, the right to vote no longer was based on race or previous servitude, Quince said. However, other restrictions were in place, such as literacy, immigration status and length of residency. The movement for women’s’
suffrage began in 1848 at the Seneca Falls Convention when women who were leading the abolitionist and temperance movements joined forces to promote the right to vote for women. That led to picketing, public demonstrations and hunger strikes, along with arrests and jail time for some of the suffragettes, Quince said. “It was a hard-fought battle. The struggle was real,” she said. World War I created another significant opportunity to advance the suffrage movement. “Women had to take on jobs that men were doing because the men had gone off to war,” Quince said. In 1920, Congress ratified the 19th Amendment: “The right of citizens of the United States
to vote shall not be denied or abridged by the United States or by any State on account of sex.” A century later, Quince said too many people don’t exercise their right to vote guaranteed by the Constitution. “It saddens me that so many of us take our voting right for granted,” she said. Quince cited an example that every vote counts: the Nov. 7, 2000, presidential election. She was on the state Supreme Court when Florida was recounting the votes in one of the closest, and most controversial, presidential elections in U.S. history. Election Day returns showed that President George W. Bush, the Republican, won the ballot in Florida by fewer than 600 votes, leading to a mandatory recount. In a 5-4 decision, the recount was halted by the U.S. Supreme Court about three weeks after the election, giving Bush 271 electoral votes, one more than was needed to be elected president. “I hoped we learned lessons from that election. Every vote counts and every vote should be counted,” Quince said. “For those of us in the law, we must be concerned about whether there are nonlegitimate impediments to voting. We have to ensure that ‘your vote, your voice, our democracy’ is not just a Law Day theme.” MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
ABOUT QUINCE Gov. Lawton Chiles and Gov.-elect Jeb Bush appointed Peggy Quince to the state Supreme Court in 1998. She retired from the court in January 2019. Quince was the first African-American woman to serve as chief justice, a position she held from 2008-10. Born in 1948 in Norfolk, Virginia, Quince graduated in 1970 from Howard University with a degree in zoology and received her J.D. from Catholic University of America in 1975. She moved to Florida in 1978 and opened a law office in Bradenton. In addition to private practice, her career includes more than 13 years as an assistant state attorney general. In 1993, Quince was appointed to the 2nd District Court of Appeal, the first African American woman to serve as a judge on a state appellate court. Her many honors and awards include The Florida Bar Government Lawyers Section Lifetime Achievement Award, The Florida Bar Equal Opportunities in the Profession Award, the Florida Women’s Hall of Fame Award from the Florida Commission on the Status of Women and induction into the National Bar Association Hall of Fame.
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JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER
JaxDailyRecord.com
LIBERTY BELL WINNERS
She ‘set the path’ in voting, leadership Mary Littlejohn Singleton honored posthumously by the Jacksonville Bar Association. BY MAX MARBUT ASSOCIATE EDITOR
For the first time in the honor’s 33-year history, the Jacksonville Bar Association this year presented its Liberty Bell Award posthumously. The 2020 recipient, Mary Littlejohn Singleton, died in 1980.. The JBA presents the annual Law Day recognition to someone who isn’t an attorney but has made significant contribution to the legal community and community at large. A graduate of Florida A&M University who began a career in education as a public school teacher in Duval County, Singleton represented Jacksonville residents as one of the first women elected to City Council. She was elected in 1967 along with Sallye Mathis. In 1972, voters elected Singleton to the state House of Representatives and re-elected her in 1974. She then was director of the state Division of Elections and
was on the ticket as lieutenant governor in 1978 when former Gov. Claude Kirk unsuccessfully sought a second term in office. Chelsea Harris, chair of the JBA Law Week Committee, said Singleton reflects the theme of this year’s national Law Day observance established by the American Bar Association: The 100th anniversary of the 19th Amendment to the U.S. Constitution that gave women the right to vote. “She was able to set the path for women, including African American women, to participate in voting and leadership,” Harris said. The Liberty Bell plaque was presented to Singleton’s granddaughter, attorney Leslie Scott Jean-Bart. Jean-Bart said she knows what her grandmother would have said in accepting the Liberty Bell: “Thank you for this prestigious award. It was an honor to represent the people of Jacksonville in a meaningful way to provide them with quality representation and access to the government and services needed to live a better life. Throughout my years of public service, I stressed the importance of
THURSDAY, MAY 7, 2020
2020 Mary Littlejohn Singleton 2019 Max Marbut 2018 Joseph Stelma Jr. 2017 Pam Paul 2016 Hugh Carithers 2015 Kathy Para 2014 Patricia Morowski 2013 Philip Little
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LAW DAY 2020
LIBERTY BELL AWARD
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2012 Karen Brune Mathis 2011 Jeffrey Goldhagen 2010 Frank Mackesy 2009 Mary Lou Martinson 2008 Jim Bailey 2007 L. Diane Gill File image
Mary Littlejohn Singleton was one of the first black women elected to the Jacksonville City Council and later was elected to the state House of Representatives. She died in 1980.
citizens working together and from within the system to effect change. This was often done by stepping outside my comfort zone as a Catholic black woman and being open to building relationships with others,” she said. “We should all remember that our willingness to work together across religious, racial and gender lines makes us stronger as a nation and lifts up all communities together.” Jean-Bart’s parents divorced when she was a year old. She, her sister and her mother moved in with Singleton. Jean-Bart was 6 years old when her mother died and Singleton became her guardian. “My grandmother was an important part of my life,” Jean-
Bart said. She said living with Singleton, she grew up in a color-blind environment. “She was a hostess and entertained all people in her home. That was the norm. People trusted her because they knew she cared about them and about the community,” Jean-Bart said. Singleton also instilled a regard for education. “I was raised with the understanding that I would go to college. I was a very shy child. That I am a lawyer and as vocal as I am would tickle her,” Jean-Bart said. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
2006 Sarah Fowler 2005 Bobby Deal 2004 Deborah Gianoulis 2003 Ed Lang 2002 John Rutherford 2001 Tom Patania 2000 Margaret and Glen Mitchell 1999 Pam Basney 1998 David Hicks 1997 Nathaniel Glover 1996 Betty Center 1995 Liz Williams 1994 Larry Rambach 1993 I.M. Sulzbacher 1992 Willye Dennis 1991 Rita DeYoung 1990 Albert Taylor 1989 Jimmy Patrick 1988 Arlene Friedman
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THE BAR BULLETIN
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THURSDAY, MAY 7, 2020
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
COMMENTARY
COVID-19 AND WORKERS’ COMPENSATION CLAIMS
INSIDE
Q&A
A counsel on the COVID-19 frontline Scott Baity, general counsel of the Baptist Health System, shares how he and his team are supporting health care heroes. PAGE 19
JBA ELECTIONS
Bench & Bar sees growth The Jacksonville Bar Association and its Judicial Relations Committee second annual Bench & Bar Conference sees attendance increase. PAGE 15
HEATHER BYRER CARBONE JBA MEMBER
How can a person prove they contracted the illness on the job?
A
s life has changed so drastically for many of us over the past few weeks, many workers, as well as employers, have questions about legal exposure for COVID-19 illnesses. One mechanism that workers may explore is filing a workers’ compensation claim for benefits if they have been diagnosed with the novel coronavirus or COVID-19 because they were exposed at work.
COMMENTARY
Age discrimination standards change
SEE CARBONE, PAGE 19
U.S. Supreme Court issued a decision that makes it easier for federal employees to prove age discrimination. PAGE 17
YOUNG PRO LAWYERS FROMBONO THE PRESIDENT
Adjusting to the new normal: Tips for working from home It is critical to create some line of separation between your “work” and “home” life.
GISELLE GIRONES JBA YOUNG LAWYERS SECTION BOARD OF GOVERNORS
Though law firms have been declared “essential” under Gov. Ron DeSantis’s stay at home order, many have shifted to working from home in an effort to avoid the spread of COVID-19. For a lawyer, working from home can be quite the challenge, especially if you and your staff
are not set up to work remotely. As many try to adjust to the new normal, here are some tips to help you during these confusing times.
Maintain work-life balance We hear about the importance of maintaining the coveted work-life balance. This “balance” is more important when working from home. It is critical to create some
line of separation between your “work” and “home” life when the only thing that ends your workday is closing your laptop for the night. To ease with the separation, it is essential to set up a dedicated work area where you feel you can concentrate and get work done. This is more challenging for those practicing with children at home. With that said, try to set up a space that is solely for work and set guidelines for when other family members can and
cannot enter that area. For example, let your family members know that when the door to your “office” is closed, you are conducting a meeting or otherwise cannot be interrupted. To keep the line of separation, avoid going to your designated work area when you are not “at work.” I have a home office set up in one of our spare bedrooms. On weekends, I avoid going into “my office,” unless there is a SEE GIRONES, PAGE 18
THE BAR BULLETIN
PRO BONO
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THURSDAY, MAY 7, 2020
JBA CALENDAR
Son helped carry on his deceased dad’s business
VIRTUAL MEETINGS For all meetings, register at jaxbar.org MAY 12 Elder Law Committee Noon MAY 12 Hispanic & Latino Interest Committee Noon MAY 12 Judicial Relations Committee Noon MAY 13 Mentor/Mentee Roundtable Breakfast 8 a.m.
MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR
Lawyers joined forces to right a wrong and restore assets. The need for pro bono legal services in our community has never been greater. These needs can be addressed though many projects and we encourage attorneys to consider making a commitment to pro bono that is both manageable and rewarding. Interested attorneys can volunteer to assist with one-day projects, such as the Ask A Lawyer events held several times during the year, monthly client clinics designed to assist with issues including bankruptcy, name changes, probate, will creation, advance directives and veterans’ needs, or take a case for full representation. Longtime pro bono attorney Judy Ossi Hargitai has taken on several cases for full representation. She provides details about her assistance with a recent case: What were the basic facts of your case? In January 2016, a 17-year-old only child lost his father unexpectedly. His father was unmarried and the sole owner of a trucking company. Months after his father’s death, family members began seeing the father’s trucks being driven around town. Upon searching the father’s business name on SunBiz.org, the client learned that other family members had removed his father’s name as the president of his company and inserted their names as the president and vice president. The client contacted JALA for assistance. The case remained on JALA’s website for three years. In 2019, after accepting the case and conducting an investigation, I realized that I would need the assistance of a larger firm to aid in the prosecution of the client’s claims. I reached out to Holland & Knight and Peter Hargitai agreed to co-counsel the matter with me. We filed a petition in the probate division to open an estate on behalf of the father and a civil action against three individuals alleging fraud, tortious interference with an expectancy of inheritance, conversion and civil theft. An evidentiary hearing was conducted in the probate division in November 2019 and an order was entered finding that: (1) the client was the sole owner of
UPCOMING EVENTS For all events, register at jaxbar.org Special to the Daily Record
Pro bono volunteer attorney Judy Ossi Hargitai practices in the fields of civil litigation, probate and guardianship.
his father’s business at the date of his death; (2) the trucks should have been distributed to the client; (3) all income generated by the use of the trucks from 2016 through 2019 should have been distributed to the client; and (4) various vehicles owned by the decedent should have passed to the client. As a result of the final judgment entered in the probate matter, we were able to settle the civil action favorably for our client. The client has received the trucks from his father’s business, all the income generated by the use of the trucks and other assets which belonged to his father. What were you able to accomplish for your client? The client was able to fulfill his dream of continuing to run his father’s trucking business. Why was the outcome important to your client? The outcome was important to the client because he wanted to keep his father’s name alive and carry on his father’s legacy. What did you gain from the experience?
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
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Secretary Fraz Ahmed Coker Law Young Lawyers Section President Alessandro Apolito Lippes Mathias Wexler Friedman Executive Director Craig Shoup
MAY 12 Young Lawyers Section Happy Hour Virtual Wine Tasting 5:30 p.m. virtual meeting
The experience was important to me because the truth was eventually revealed and a wrong was corrected. What is the name of your firm? In what areas do you practice? The name of my firm is Judy Ossi Hargitai P.A. and I practice law in the areas of civil litigation, probate and guardianship. Why do you recommend other attorneys get involved? Assisting a client who has been wronged and truly has no means to enforce the law gives me more satisfaction and honor in carrying out my oath as an attorney. The gratitude from a client is immeasurable. Attorneys interested in pro bono opportunities in the 4th Judicial Circuit may visit floridaprobonomatters.org and type in the county to see cases awaiting placement in their area. Attorneys may also learn of cases needing representation, clinics and one-day events by sending an email to Missy Davenport, chair, JBA Pro Bono Committee at missy.davenport@ jaxlegalaid.org
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.
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THE BAR BULLETIN
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THURSDAY, MAY 7, 2020
Special to the Daily Record
From left, attorney Charles Jimerson, Circuit Judge Karen Cole, CPA Josh Shilts and attorney Heather Quick were presenters at the Bench & Bar Conference.
JUDICIAL PRO FROMBONO THE RELATIONS PRESIDENT COMMITTEE
Annual Bench & Bar Conference sees an attendence increase
PHILIP W. VINEYARD II JBA JUDICIAL RELATIONS COMMITTEE CHAIR
Attendees learn about a new standard for expert witnesses, the pitfalls of settlement proposals, discovery issues and more. The Jacksonville Bar Association and its Judicial Relations Committee presented the second annual Bench & Bar Conference on Feb. 26 at the Duval County Courthouse. The conference was the brain-
child of former committee chair Adina Pollan, who has since taken her talents and experience to the JBA’s board of governors. Pollan observed how Bar associations from across the state were guiding their constituencies by way of leadership, education and a commitment to open communications with the judiciary. Unwilling to cede the high ground to those Bar associations south of Duval, Pollan created the template for what she and I believed would become the preeminent continuing legal education conference in Northeast Florida. That template really was a recipe: One part judiciary, one part attorney, one part logistics, one part committee, one part Rolodex and a double portion of time, flexibility and dedication. What resulted was a set of 10 seminars focusing on the most pressing topics in family, civil and criminal law, guided by some of the biggest names in Northeast Florida, both judge and attorney. It included a lunch to begin the conference and a networking
reception at its conclusion. With only a few months to put everything together, Pollan and her committee attracted nearly 100 participants to the first conference, not bad for a first at-bat. My goals as the committee’s current chair were to build on last year’s success and learn from its few mistakes. Our committee sought to increase attendance to 125 participants and sponsorship commitments by 10%. We surpassed both goals. Having focused on attorney “legends” for last year’s panels, we actively sought the next wave of litigators who are writing their own chapters in the annals of Florida law. We also moved the conference to a Wednesday in February to accommodate judicial and attorney calendars, leveraging friends and supporters to help where they could. Finally, the executive and administrative staff of the JBA acted as the glue that kept everything together. If you attended the 2020 Bench & Bar Conference, you
learned about the new Daubert standard for expert witnesses, taught in part by one of the few local judges with experience on the subject: U.S. District Court Middle District of Florida Magistrate Judge Patricia Barksdale. If you worried whether your proposal for settlement would be enforceable, the lunch seminar with practicing attorneys Jay and Holly Howanitz, 1st District Court of Appeal Judge Harvey Jay, 4th Circuit Judge Waddell Wallace and The Florida Bar President-elect Mike Tanner were there to guide you through the pitfalls. If you have been trapped in a case in which your client was exposed to both civil and criminal discovery, you learned, thanks to Duval County Judge Gary Flower and his handpicked panel, that the Fifth Amendment is not as brightlined as you once thought. The conference also covered the issues of special needs children, business valuations and domestic violence injunctions in the family law seminars, which showcased practitioners such as attorneys Heather Quick, Lee
Lockett and Charlie Jimerson, as well as Circuit Judges John Guy and Karen Cole, just to name a few. The JBA and its Judicial Relations Committee thank everyone who attended, sponsored or served as a panelist or moderator at this year’s Bench & Bar Conference. We could not have done it without them. If you did not attend or participate, we hope to see you next year. And for the daring, we suggest becoming a JBA and Judicial Relations Committee member. An effective organization relies on a constant renewal of membership, and the JBA and the Judicial Relations Committee are not exceptions. As my time as chair comes to a close, I can attest to the wonderful people and sense of accomplishment that I derive from the committee. Won’t you join us? Philip W. Vineyard II is the founder and principal of Vineyard Legal Services LLC, splitting his time equally as mediator and civil litigator.
THE BAR BULLETIN
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THURSDAY, MAY 7, 2020
17
COMMENTARY
AGE DISCRIMINATION: What it takes to prove a case
G. THOMAS HARPER JBA ALTERNATIVE DISPUTE RESOLUTION COMMITTEE CO-CHAIR
Supreme Court eases burden of proof for federal employees. In a case from the Veterans Medical Center in Bay Pines, an 8-1 majority of the U.S. Supreme Court issued a decision that makes it easier for federal employees to prove age discrimination. The court ruled that the federal-sector provision of the Age Discrimination in Employment Act, which is different than the private sector provision, should be weighed under a different standard. The federal employee prohibition on age discrimination provides that personnel actions affecting federal employees age 40 years or older shall be made free from any discrimination based on age. The court ruled that this language means that, for federal employees, age cannot be a motivating reason for any personnel action. An employee does not need to show that age was a “but-for” cause of the challenged personnel action. Instead, just showing that age was a “factor” in the decision is enough to prove discrimination. What does it take to prove age discrimination? The ADEA provision that covers discrimination claims against private-sector employers and state and local governments provides that, “…it shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” Based on this precise language in the law, the Supreme Court ruled years ago that a “but-for” causation must be shown by a private-sector employee to survive dismiss of their claims. An employee in the private sector must present sufficient evidence that, but for his age, the challenged decision would not have occurred; e.g., that age was the reason an employer decided to act. This is a high standard and results in the dismissal of many age suits against companies in the private sector.
Which standard applies? However, the provision in the ADEA that governs discrimination claims brought by
federal-sector employees reads differently than the above section applying to private sector employers. The federal sector language states, in a separate provision, that “all personnel actions affecting employees or applicants for employment who are at least 40 years of age shall be made free from any discrimination based on age.” The case before the Supreme Court was brought by Noris Babb, a clinical pharmacist at a VA Medical Center. Babb argued that the federal-sector provision’s particular syntax—which, unlike the private-sector provision, requires that employment decisions be made “free from any discrimination” based on age—requires a different standard for federal workers and should be read to embody a motivating-factor rather than but-for causation standard. Babb argued that if age in any way motivated the decision, age discrimination is established. The Supreme Court agreed with Babb, reversing the federal appeals court over Florida and resolving a split in the different courts of appeal.
Multiple claims of age/gender discrimination
Babb’s lawsuit was the second age discrimination suit from the Bay Pines VA Center. Two of her co-workers brought suit before her and Babb testified in support of her colleagues. Then, at age 54, Babb brought her own suit claiming that she had been passed over for promotion, denied training opportunities, retaliated against and harassed due to her age. Hired in 2006, Babb advanced as a clinical pharmacist. In 2011 she obtained the “advanced scope” designation which, among other duties, allowed her to see and treat geriatric patients independently. However, in 2013 after she helped other employees with their age claims, the VA took away Babb’s “advanced scope” designation, which had made her eligible for promotion on the federal government’s wage scale from a GS-12 to a GS-13. During this same time period, she was denied training opportunities and was passed over for posi tions in the hospital’s anticoagulation clinic. The next year, Babb was placed in a new position, and while her grade was raised to GS-13, her holiday pay was reduced. Babb claimed that these personnel actions were the result of age and gender discrimination. Babb also alleged that several of her supervisors at the VA facility made age-related comments. After discovery was completed, the lawyers for the VA asked the federal court in Tampa to throw out Babb’s claims. The VA pointed to the business reasons that it provided for each personnel decision and argued that Babb could not prove that but for her age, the challenged decisions
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The U.S. Supreme Court in Washington, D.C.
would have been different. The lower court found that Babb had proven the basic elements required for age discrimination, that the VA had come forward with proof of legitimate business reasons for the challenged actions, and then concluded that no jury could reasonably conclude that the reasons given by the VA were a pretext for age discrimination. The existing case precedent that the District Court judge was required to follow set forth a but-for causation standand, even though that case precedent did not consider the different phrasing in the federal portion of the ADEA. Under the “but-for” analysis, U.S. District Judge Virginia Hernandez Covington could not say that Babb presented sufficient evidence to prove each of her age and gender claims. She dismissed Babb’s case and Babb appealed to the federal 11th Circuit Court of Appeals in Atlanta. On appeal, a three-judge panel agreed with Covington that the but-for standard applied in age cases. The panel wrote that, if they had a “clean slate” to write with, they may decide otherwise, but they were bound by a prior decision of another panel at the 11th Circuit and were required to use the but-for standard. Most of the case was affirmed, even though one of Babb’s claims was sent back to the lower court for reconsideration. Since the use of the but-for standard was affirmed by the 11th Circuit, Babb appealed to the U.S. Supreme Court, which took the case to decide just one issue: Whether the federal-sector provision of the ADEA requires an employee/ plaintiff to prove that age was a but-for cause of the challenged personnel action. The case was argued before the court in January. Babb insisted that the absence of the “because” language that drove the but-for result in a prior Supreme Court decision,
combined with the presence of the broad phrase “free from any discrimination,” required application of a “motivating-factor” standard, a more relaxed standard for federal employees. The high court agreed. Justice Samuel Alito wrote the majority opinion. The court’s decision was based on the plain language of the federal age discrimination provision and how it differed from the private sector provision. The court looked at the regular dictionary meanings of the words and phrases in the federal law and concluded the meaning was straightforward. The Court found that the plain meaning of the terms meant that the provision for federal workers does not require proof that an employment decision would have turned out differently if age had not been taken into account. “The provision in our case, (the federal ADEA provision) prohibits any age discrimination in the ‘making’ of a personnel decision, not just with respect to end results.” Alito explained that the plain meaning of the critical statutory language (“made free from any discrimination based on age”) demanded that personnel actions by the federal government should be untainted by any consideration of age. Before the court, Babb argued that the different language used in the federal age law prohibited any adverse consideration of age in the decision-making process. Babb argued that proof that age was a “but-for cause” of a challenged employment decision is not needed. Babb also argued that the federal government should be held to a stricter standard than private employers. The court, however, disagreed and said that if Congress had wanted to impose the same standard on all employers, it could have easily done so. The court also reviewed the history of the passage of the ADEA. The law was passed in
1967 and applied only to actions against private employers. Then, in 1974, Congress expanded the scope of the ADEA to reach both state and local governments and the federal government. To accomplish this, Congress added state and local governments to the definition of employer in the private sector portion of the ADEA. The court noted that Congress could have easily done the same for the federal government but did not. The court held that the language of the ADEA provision for federal workers was “couched in different terms than for private sector workers and does expressly impose liability if age discrimination plays a part in a federal employment decision. Since the meaning of the language in the federal ADEA provision was clear and unambiguous, the court’s analysis was complete and no other explanation was required.” “But-for” proof still will be needed to determine the remedy for a federal worker’s discrimination. The court’s decision made clear that but-for causation is still relevant in determining what the appropriate remedy for age discrimination would be. The opinion explained “this does not mean that an employee/ plaintiff may obtain all forms of relief that are generally available for a violation of (the federal ADEA provisions), including hiring, reinstatement, backpay, and compensatory damages, without showing that a personnel action would have been different if age had not been taken into account. To obtain such relief, a plaintiff must show that age was a but-for cause of the challenged employment decision.” Thus, federal employees who show only that they were subjected to unequal consideration cannot obtain reinstatement, back pay, compensatory damages or other forms of relief related to the end result of an employment decision. To obtain such remedies, these plaintiffs must show that age discrimina tion was a but-for cause of the employment outcome. The court explained, “Although unable to obtain such relief, employees are not without a remedy if they show that age was a but-for cause of differential treatment in an employment decision but not a but-for cause of the decision itself. In that situation, plaintiffs can seek injunctive or other forwardlooking relief.” Determining what relief, if any, is appropriate in the present case is a matter for the District Court to decide, if Babb succeeds in showing that the ADEA was violated. The decision of the 11th Circuit was reversed and the Supreme Court sent the case back to the District Court to weigh the evidence under the different standard. G. Thomas Harper is a board certified labor and employment law attorney, certified civil and appellate mediator and court appointed arbitrator in Jacksonville.
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THE BAR BULLETIN
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THURSDAY, MAY 7, 2020
Special to the Daily Record
Giselle Girones, an associate with Shullman Fugate, in her work-from-home setup.
Girones: Take breaks throughout the day CONTINUED FROM PAGE 14
deadline or other pressing matter I need to complete. Remember, you would not drive to your office on a Saturday evening unless you had pressing work to do, so treat your home office the same way. Striving for that line of separation will keep you from the dreaded burnout as we navigate these difficult times.
Discipline is key Structure is important when working from home. It is what keeps you from scrolling mindlessly through Tiger King memes or spending the day watching The Office re-runs (activities which I otherwise wholeheartedly endorse). Keep yourself accountable
by trying to keep regular business hours at your home office. After you have established your “working” hours, make a task list of items you need to get done by the end of the day. The list will not only keep you focused and productive, which can be difficult to do even without the constant reminder of a pandemic, but it will give you the sense of control that many feel they are lacking at this time.
Make sure you take a break While staying on task is vital, it is equally important to take breaks throughout the day. Just like you would if you were stopping by a coworker’s office to chat, mental breaks are important to keep you sane and avoid
burnout. Take advantage of being at home and, if you have a pet, take them out for a walk. If you have always told yourself you would love extra time to work out during your lunch break, there has never been a better time to fire up those at-home workout videos. If you start to feel stuck on a project or you are transitioning from one task to the next, take the time to check in on your family members, play with your pet or just walk to your mailbox. I promise you will come back to work refreshed and with a clear mind.
Stay connected Working from home can become lonely, especially if
you are used to chatting with coworkers throughout the day and picking their brain on a particular issue. Our firm takes advantage of a messaging program that helps us feel connected and delivers an “instant” reply to quick, discrete issues. Of course, picking up the phone to chat with your coworkers and colleagues helps as well. While these options can help you feel connected, you should remember to take advantage of virtual meetings and happy hours, like the ones the JBA/ YLS board have been putting together. These virtual gettogethers allow you to feel even more connected and satisfy that need for some facetime. They also serve as an excuse to change (or not) out of those daytime PJs and bring a little more sense of
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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
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normalcy to your day. The most important piece of advice I can offer is to remember that you are not just “working from home,” you are working from home during a pandemic. Yes, it is important to stay diligent, efficient and keep track of those billable hours, but remember to not be too hard on yourself or others and recognize that we all are stressed and anxious during this time. We will get through this – for now, be grateful for the extra time with family members, pets, and the opportunity to get creative with those virtual backgrounds for your Zoom meetings. Giselle Girones is an associate with Shullman Fugate PLLC, focusing on media law and intellectual property.
THE BAR BULLETIN
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THURSDAY, MAY 7, 2020
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QUESTIONS & ANSWERS
A counsel on crisis frontline responses to my questions:
ASGHAR SYED JBA BOARD OF GOVERNORS
Baptist Health System General Counsel Scott Baity offers insight into COVID-19 response. If there is a group that we can all feel thankful for, it is our frontline health care professionals, it’s the doctors and nurses that step forward in a crisis, often impervious to the risks it might pose to their personal health and safety. I recently spoke with the general counsel of the Baptist Health System, Scott Baity, about how he and his team have supported our health care heroes during the COVID-19 crisis. Here are some of Baity’s
Can you give us a sense of the COVID-19 crisis from Baptist Health’s perspective? What did this look like in March 2020? In the early days of the crisis, predictive models suggested Baptist could see a surge of up to 2,700 COVID-19 patients by early May. We drill for mass emergencies throughout the year, but that number grabbed our attention because it is roughly twice the health system’s inpatient capacity. We went into high gear to ensure we had the necessary staff, supplies and equipment to meet such needs, even preparing to double our bed capacity through field hospitals. Fortunately, with the community’s effort towards social distancing, the predicted curve has flattened in our region to a more manageable level. But we remain vigilant. Explain your and your team’s roles in preparing for the crisis We’ve been working closely with our clinical and business leaders to source scarce equipment and supplies, answer HR questions, explore innovation, think through ethical dilem-
als we respect. We have a great in-house team, but the novelty of this situation meant we had to brainstorm frequently with outside counsel experts, governmental attorneys and our attorney peers within the industry, all of whom have been great collaborators throughout this event. It shows how strong our profession can be during a crisis.
Special to the Daily Record
Baptist Health general counsel Scott Baity said has worked to secure scarce equipment and advocate for regulatory assistance.
mas and advocate for regulatory assistance. This is a state of emergency, so we’ve taken a big picture approach. Our advice has been less about risk mitigation and more about doing the right thing. I think our leaders have appreciated our legal team’s decisiveness during this rapid ramp-up. It’s comforting to us to be able to turn to profession-
One of Baptist Health’s top priorities has been to support its frontline clinicians, the doctors and nurses that are committed to protecting all of us if things get out of hand. Tell us about your team’s role in supporting them. We know how much people rely on Baptist and how important our clinical professionals are to the entire community. Just look at the many thank you signs that have popped up around our campuses. We want that team focused on patient care and not distracted by unnecessary legal or regulatory concerns. Our department can tackle those issues for them and do our part to remove impediments and empower our frontline heroes. They know legal’s here to help them and that we have their backs.
It seems social distancing efforts have been successful (at least so far) and we may in a position to shift our focus to recovery. Do you have any thoughts or advice for JBA members about what they can do to assist the public? Be empathetic and collaborative. We’ve all gone through a stressful few weeks, the crisis has impacted some in our community much more than others and many individuals and businesses will struggle to recover and adapt as we emerge from isolation. As a profession, we can help the community heal and get back on its feet if we work together for the greater good. In closing, I extend my thanks to Scott Baity and his team, the Baptist Health System’s leadership and the health care professionals that are prepared (crisis or no crisis) to put their own safety on the line to protect and serve our community. Asghar Syed is a shareholder at Gunster and focuses on complex business litigation.
Carbone: Unclear orders will lead to litigation CONTINUED FROM PAGE 14
In Florida, injured workers are entitled to medical benefits and lost wages for injuries that are causally related and that occur in the course and scope of employment. The million-dollar question everyone in the workers’ compensation industry is asking is: How can a person prove they contracted the illness specifically on the job, especially as the virus becomes more widespread every day? Employers, workers’ compensation carriers and third-party administrators are receiving many workers’ compensation claims for coronavirus/COVID-19 exposure. Clearly some health care workers and first responders have an increased risk to be exposed to this virus compared to the general public who are under shelter-at-home orders. Since this is a new illness, we don’t yet have the guidance of case law specifically for COVID-19, but these claims are likely to be treated as exposure and/ or occupational disease injuries under Florida law. Pursuant to FS 440.02(1) and 440.151(1)(a) and (2), these claims have a higher standard for burden of proof and require
claimants to prove causation, using a clear and convincing burden of proof. Historically, it has been difficult for injured workers to prove compensability and causation for exposure claims in Florida given the clear and convincing burden of proof required. Two recent 1st DCA cases that came out in late 2019, City of Titusville v. Robert Taylor, 1D173814 (Fla. 1st DCA, 11/27/19) and School District of Indian River Co. v. Edward Cruce, deceased, 1D17-3342 (Fla. 1st DCA 11/27/19), confirmed that it is extremely difficult for a claimant to meet the high burden of proof. In those cases, when the trial level Judge of Compensation Claims found the burden of proof was manifestly unfair and attempted to find exposure claims compensable, the 1st DCA reversed and indicated that they “acknowledged the Herculean task for the heightened burden of proof of toxic exposure claims,” but indicated that any change to this burden of proof had to be made through the Legislature, not the courts. However, a directive issued by Florida Chief Financial Officer Jimmy Patronis may impact compensability decisions at least on some claims. On March 30, Patronis issued
Directive 2020-05 which indicated that the Division of Risk Management should provide workers’ compensation coverage to state employees who are fighting COVID-19. This specific directive applies to “frontline state employees” and includes first responders such as law enforcement officers, firefighters, EMTs and paramedics. The directive also applies to corrections officers, child safety investigators and members of the Florida National Guard who are called to active duty in response to COVID-19. Lastly, this directive additionally applies to state employees working in the health care field whose duties require them to be in contact with people being tested for COVID-19. The directive indicates that the Division of Risk Management shall process workers’ compensation claims for employees in the above listed categories who test positive for COVID-19 through a reliable method, as a compensable occupational disease pursuant to F.S. 112.1815 and F.S. 440 unless the state can show by a preponderance of the evidence that a frontline state employee contracted COVID-19 outside his or her scope of employment as a state employee.
In response to Patronis’ order, the Office of Insurance Regulation issued an Informational Memorandum OIR 20-05M on April 6. This memo “reminded that section 440.09, Florida Statutes, requires an employer to provide workers’ compensation coverage if the employee suffers a compensable injury arising out of work performed in the course and scope of employment. First responders, health care workers, and others that contract COVID-19 due to work-related exposure would be eligible for workers’ compensation benefits under Florida law. See § 440.151, Fla Stat.” From a legal standpoint, there is a lot to unpack in that executive order and accompanying memo. Is this enforceable? How is it to be administered? Is the burden of proof changed under this. None of this is clear and it’s likely that litigation will stem from these questions for years to come. For now, what is clear is that this order only applies to state employees. Many other nonstate workers will fall under the traditional analysis for exposure and occupational disease claims and compensability may be denied. Seeing these challenges, some
employers are trying to find some middle ground on how to deal with these new issues outside of the workers’ compensation claim’s system. Several local hospitals have indicated they are paying workers if they are exposed and forced to quarantine for 14 days and aren’t charging for testing. Employers also are suffering financially, and many will not have the resources to pay their workers outside of the workers’ compensation system, even if they wanted to do so. Risk managers, insurance carriers and defense attorneys should remember that a poorly worded workers’ compensation denial has the potential to trigger tort exposure where employers are no longer protected by immunity in Florida. We all are navigating this new world together and trying to make sense of rapidly changing information. As such, the facts of each case should be analyzed on a case-by-case basis specifically for compensability. Heather Byrer Carbone is a shareholder in the Jacksonville office of Marshall Dennehey Warner Coleman & Goggin, leading the firm’s Florida workers’ compensation practice.
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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 April 27- May 3.
ST. JOHNS
DUVAL
$1,300,000
$1,150,000
547 Rutile Drive, Ponte Vedra Beach
285 N. Oceanforest Drive, Atlantic Beach
Type: Single-family Lot size: 0.51 acres House size: Not available Buyer: Antonio J. De Vasconcelos Forte and Luciana M. Galvao Seller: Aleta M. and Robert I. Thole and the Thole Trust
Type: Single-family Lot size: 0.24 acres House size: 3,749 square feet Buyer: Nicholas E. and Whitney L. Largura Seller: Jennifer J. Linville Previous sale: $575,000 in 2002 ST. JOHNS
ST. JOHNS
$1,150,000
$1,300,000
125 Belvedere Place, Ponte Vedra Beach
554 Ponte Vedra Blvd. Ponte Vedra Beach
ST. JOHNS
$5,500,000
Type: Single-family Lot size: 0.75 acres House size: 4,986 square feet Buyer: Dune Camp LLC Seller: John S. and Cynthia B. Boggs
89 Ponte Vedra Blvd., Ponte Vedra Beach Type: Single-family vacant lot Lot size: 0.86 acres Buyer: Robert B. Baker Revocable Trust Seller: Darlene Brown Previous sale: $5,175,000 in 2018
About the property: Ponte Vedra Beach 110-foot-wide oceanfront lot across the street from the Ocean Course at Ponte Vedra Inn & Club.
Type: Single-family Lot size: 0.32 acres House size: 4,409 square feet Buyer: Rocco D. and Laverne W. Larizza Seller: Consolidated Resistance Co. of America Inc. NASSAU
$1,105,000 1405 Beach Walker Road, Fernandina Beach
ST. JOHNS
DUVAL
DUVAL
ST. JOHNS
$3,800,000
$2,950,000
$2,100,000
$1,181,000
121 Bristol Place, Ponte Vedra Beach
5384 Chandler Bend Drive, Jacksonville
917 S. First St., No. 402, Jacksonville Beach
41 N. Roscoe Blvd., Ponte Vedra Beach
House size: 9,489 square feet Buyer: Kaufman Family Irrevocable Trust Seller: Richard and Lynda Masulli
Type: Single-family Lot size: 1.06 acres House size: 5,379 square feet Buyer: Montell E. and Lisa M. Owens Seller: Richard P. and Denise L. Sheehy
Type: Marbella condominium Condominium size: 4,435 square feet Buyer: James E. Pitts Seller: Rocco D. and Laverne W. Larizza Previous sale: $1,430,000 in 2005
Type: Single-family Lot size: 1.67 acres House size: 3,159 square feet Buyer: John W. and Leigh A. Thompson Seller: Ossi Contracting LLC
Type: Windsong Villas condominiums Condominium size: 2,438 square feet Buyer: Marton A. and Hope E. Kozma Seller: Paul D. and Cheryl C. Beckham Previous sale: $825,000 in 2002
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