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Basch Report: Foley forms ‘blank check’ company

June 4-10, 2020

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‘TRANSFORMATIONAL’ PLAN Record & Observer FOR THE RAIL YARD DISTRICT JACKSONVILLE

Developers intend to turn former Caribbean Cold Storage building site into a brewhousetaproom or distillery, full-service restaurant, cafe, outdoor event space and more.

JACKSONVILLE

Record & Observer An artist’s rendering of the Dennis + Ives project in the Rail Yard District near Downtown Jacksonville.

JACKSONVILLE

Record & Observer BY KAREN BRUNE MATHIS EDITOR

evelopers are creating a vision to transform the former Caribbean Cold Storage building site in the Rail Yard District into Dennis + Ives. It will be a new look for an old part

of town. Dennis + Ives is designed to be anchored by creative office space, a brewhouse-taproom or distillery, a full-service restaurant, a cafe and outdoor event space.

Florida to enter phase 2 reopening Bars, movie theaters, tattoo shops and more can reopen June 5.

“The Rail Yard District has a great history behind it. I think it’s time for that area to thrive again,” said Tom Finnegan of Charleston, South Carolina, one of the three developers. The district is in the industrial Beaver Street area west of Interstate 95 and barely minutes from Downtown. The Rail Yard District organizers say it dates to 1858 as a railroad junction and the district is named for the train tracks and terminal that continue to operate. “It will be transformational for the area,” said SEE DENNIS + IVES, PAGE 6

BY KATIE GARWOOD STAFF WRITER

Gov. Ron DeSantis announced plans for phase two of reopening the state effective 12:01 a.m. June 5. The order will be signed June 3 and cover 64 counties in Florida, excluding Palm Beach, Broward and Miami-Dade counties.

Mathis Report: UPS continues Westside expansion PAGE 3 The Bar Bulletin: Employers need a plan for return to office PAGE 10 The top 10 home sales of the week PAGE 16

Images special to the Daily Record

Dennis + Ives is planned on 5½ acres at 1505 Dennis St. The project gets its name from the cross streets. The property is adjacent to Interstate 95 near Downtown.

Florida entered phase one of reopening from the COVID-19 pandemic May 4. Bars and pubs can reopen at 50% capacity in phase two, but only for seated service. Entertainment services, such as movie theaters, arcades, concert houses, playhouses and bowling alleys, can reopen at 50% capacity. Personal service businesses not yet

open, such as tattoo and piercing parlors, tanning salons and massage parlors, can reopen under guidance from the Florida Department of Health. Retail stores and gyms will be able to operate at full capacity in phase two. Social distancing and other precauSEE REOPENING, PAGE 9

THE MARBUT REPORT

Zissers complete merger of law firms ‘There’s a lot more interaction.’ PAGE 8 VOLUME 3, NO. 1 • ONE SECTION

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JACKSONVILLE 4, 2020 DAILY RECORD / JACKSONVILLE RECORD & OBSERVER THURSDAY, JUNE

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 Lowe’s looking at North Jacksonville JACKSONVILLE

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HOW TOtoREACH US delivery operations for cuscomprise Lowe’s Companies Inc. appears tomers in a specific market for prodbe working opening distribu121toward W. Forsyth St.,aSuite 150, Jacksonville, FL, 32202 ucts bought from Lowe’s retail stores tion warehouse in Freebird Commerce Phone: (904) 356-2466, Fax (904) 353-2628 and Lowe’s online at lowes.com. Center in North Jacksonville. jaxdailyrecord.com Other distribution center news: The North Carolina-based home-improvement supplies company posted n Wayfair Inc. intends to open its ABOUT US job openings May 30 for a cross-dock AllianceFlorida at Cecil Commerce operation, including descriptions for Record Center fulfillment this Jacksonville Daily Record and Jacksonville & Observer are afacility division ofsummer. coach, market delivery n Ulta Beauty Inc. will open its Observer Media Group Inc. manager and market delivery assistant manager, at Jacksonville fast-fulfillment center this 13225 Vantage Way. year as now originally intended rather Established in 1912, the Financial News & Daily Record, the Jacksonville Dailythan showMonday-Friday that the facilityand willis the Official postpone theNewspaper opening until 2021, Record,Listings is published Court of the Circuit Court and publisher of public notices in Duval County.

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

DEVELOPMENT Jacksonville Record & Observer is a free weekly business newspaper available in Downtown Jacksonville and key business nodes throughout Jacksonville. To find a The of Eleven22 plans moving ahead location nearChurch you, visit jaxdailyrecord.com/rack-locations.

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“This is a standard campus buildThe Church of Eleven22 is moving Editorial content focuses news and trends, with a concentration on development, out and we are on schedule,” she ahead with plans to on open a North real estate, construction, law, companies, economic and industry trends and how local said. Jacksonville campus at Oceanway and state government business. The Church of Eleven22 wants to Crossing in Northaffects Jacksonville.

Editorial content focuses on news and trends, with a concentration on development, real estate, construction, law, companies, economic and industry trends and how local and state government affects business.

a closed Food Lion grocery Communications Director Melinda STAFFrenovate store for a church with a 1,020-seat Byrnes said the church is working Publisher / Matt Walsh in late 2020 or early Director of Advertising / Jay Lesowitz sanctuary. toward opening mwalsh@jaxdailyrecord.com jlesowitz@jaxdailyrecord.com 2021.

Publisher / Matt Walsh mwalsh@jaxdailyrecord.com

Director of Advertising / Jay Lesowitz jlesowitz@jaxdailyrecord.com

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

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Editor / Karen Brune Mathis kmathis@jaxdailyrecord.com

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Editor / Karen Brune Mathis kmathis@jaxdailyrecord.com

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Legal Advertisingextended Associate / Rhonda Fisher Eviction, foreclosure suspension

Managing Editor / Monty Zickuhr mzickuhr@jaxdailyrecord.com

the first suspension order April 2 in Gov. RonLegal DeSantis extended the Associate Editor Affairs / Max Marbut Network Administrator / Erik Wagner mmarbut@jaxdailyrecord.com response to the COVID-19 pandemic. temporary suspension of evictions andwebadmin@jaxdailyrecord.com mortgage foreclosures Staff Writer / Katie Garwood in Florida to kgarwood@jaxdailyrecord.com 12:01 a.m. July 1.

The /governor extended the emerStaff Writer Mike Mendenhall mmendenhall@jaxdailyrecord.com gency order May 31. DeSantis issued Staff Writer / Scott Sailer ssailer@jaxdailyrecord.com Business Manager / Angie Campbell acampbell@jaxdailyrecord.com

Florida’s unemployment rate

Court Typeset / Paula Steiner jumped from 4.3% in March to 11.2% admin@jaxdailyrecord.com

in April, according to data released

Director of Circulation / Anne Shumate May 22 by the state. subscriptions@jaxdailyrecord.com

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

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JACKSONVILLE JACKSONVILLE The Official Newspaper The Official Court of The Jacksonville Bar Newspaper of Duval Association, Nov. 21, 1926. County by Order of the Circuit Court, July 7, 1961.

The Official Newspaper for

Daily Record // Record & Observer the U.S. Bankruptcy Court JaxDailyRecord.comfor the Middle District of Florida, Jan. 4, 1947.

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The Official Newspaper of The Jacksonville Bar Association, Nov. 21, 1926.

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THURSDAY, JUNE 4, 2020

UPS seeks to install $15 million conveyor system Peterbrooke to Roosevelt: The city is reviewing a permit application for Peterbrooke Chocolatier to build-out and reuse a structure at 4301 Roosevelt Blvd. for a candy store. Jeff Thompson Construction is the contractor for the $100,000 project of 1,323 square feet. David & Miller Associates of West Palm Beach is the architect. North Ortega Properties LLC, led by Peterbrooke owner Billy Morris, bought the property in 2016. Realtor.com says the building is a farmhouse built in 1953. It has been used as commercial space.

KAREN BRUNE MATHIS EDITOR

The shipping giant is expanding its Westside Industrial Park facility. United Parcel Service Inc. is continuing work on its $196 million West Jacksonville package-delivery hub expansion, seeking a permit for installation of a $15 million conveyor system. Vanderlande Industries Inc. of Marietta, Georgia, is the contractor for the conveyor project. UPS has been expanding its hub at 4420 Imeson Road in Westside Industrial Park, at northwest Interstate 295 and Pritchard Road. The UPS center was developed in 1989 and it is almost doubling its size to more than 900,000 square feet of space. The city has been issuing permits for project. In November 2016, Atlantabased UPS said the Westside facility would be expanded and retrofitted with advanced technology and operations automation. UPS Media Relations Manager Kim Krebs said June 2 the first major phase of the hub expansion is on track for completion late in the third quarter and full completion in 2022. The Jacksonville hub expansion is part of the company’s multiyear capital investment program “to renovate facilities with higher levels of automation, acquire new aircraft and ground fleet vehicles, and enhance information technology platforms,” she said. The city approved legislation in November 2016 that specified the expansion would include $150 million in equipment, furniture and fixtures. The incentives call for $4.3 million of city funding through a Recapture Enhanced Value grant. UPS told the city in 2016 that more than 1,650 full- and parttime UPS employees work at

File image

UPS is doubling the size of its Westside Industrial Park facility.

the hub and its four adjacent package centers. It said it would invest $196 million to expand its Jacksonville ground package hub in the wake of City Council approval to provide incentives for it. As that hub is being expanded, UPS has retrofitted a 400,000-square-foot warehouse not far away in Westlake Industrial Park to handle additional package processing. Krebs said that is a “relief hub” for package sortation and distribution while the Westside Industrial Park facility construction continues. In addition to that, UPS landed permits in August to create a distribution facility in Southside, where UPS anticipates a $50 million investment comprising $5 million for real estate improvements and $45 million for machinery, equipment, furniture and fixtures. Krebs said that facility is scheduled to come online in October. Haskew Company & Associates is the contractor for the $2.7 million project to renovate 244,000 square feet and build a mezzanine foundation at 9431 Florida Mining Blvd. E. Material Handling Systems Inc. is the contractor for the almost $30.7 million installation of conveyors for the parcel shipping ground hub. For that project, Council adopted legislation to pay up to $52,200 as its part of a $261,000 Qualified Target Industry Tax Refund. The state

pays the rest. UPS proposes to hire 87 employees at an average annual salary of $57,540 by year-end 2022. Krebs said job seekers can check available positions at upsjobs.com and search by location.

Daily’s looking at Marbon Road site The St. Johns River Water Management District is reviewing an application to redevelop a JTA parking lot at 12227 Marbon Road, at San Jose Boulevard, for a Daily’s gas station, convenience store and car wash. First Coast Energy LLP, which owns Daily’s, owns the almost 4.68-acre site. England-Thims & Miller Inc. is the civil engineer.

7-Eleven seeking store in Mandarin JEA issued a service availability letter for construction of a 7-Eleven convenience store with gas pumps at 10560 Old St. Augustine Road at the Crossroads at Mandarin shopping center. A closed Bank of America branch office would be demolished. Common Oak Engineering LLC of Winter Park is the civil engineer. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

Trulieve to Baymeadows Corner: The city is reviewing a permit application for Trulieve Dispensary at 8355 Baymeadows Road, completing the tenant space at Baymeadows Corner. It is planned between Firehouse Subs and T-Mobile. Commercial

Restaurant and Retail Construction is the contractor for the $160,000 project to improve 3,000 square feet of space. Regal Nails to Tamaya Market: The city is reviewing a permit for the $230,880 build-out of 3,000 square feet of space for Regal Nails at 12675 Beach Blvd., No. 304, in Tamaya Market. The nail salon will be near the Sprouts Farmers Market that opened April 29.

THE MATHIS REPORT

RETAIL NOTES

GoPuff to Springfield: The city approved a permit for Atlas Built Construction to build-out a 4,817-squarefoot building at 1240 Walnut St. in Springfield for goPuff, a retail delivery service for convenience items, at a project cost of almost $69,000. GoPuff has opened three warehouses in Jacksonville since June. The warehouses stock and deliver more than 2,500 products.

ST. JOHNS COUNTY RETAIL NOTES Publix in Saint Johns: St. Johns County approved permits for Perry-McCall Construction Inc. to renovate two Publix Super Markets Inc. stores in Saint Johns at a cost of $700,000 each. The 2750 Race Track Road store is in Plantation Plaza. The 2845 County Road 210 W. store is in Johns Creek Center. Publix in Rivertown: St. Johns County approved a permit for Hawkins Construction Inc. to build a 55,480-square-foot Publix Super Markets Inc. store at 205 Rivertown Shops Drive in the Shoppes at Rivertown at a cost of $5.13 million. It also approved a monument sign for Taylor Sign & Design Inc. to install at a cost of $15,000. Aldi to Durbin Creek Crossing: JEA issued a service availability letter for the Aldi Food Market at Durbin Creek Crossing in St. Johns County. Aldi

proposes a 19,209-squarefoot discount grocery store at northwest St. Johns Parkway and Race Track Road on outparcel 3. Upham Inc. of Ormond Beach is the civil engineer. Circle K to St. Johns Parkway: St. Johns County issued a permit for construction of a Circle K gas station and convenience store at 1055 St. Johns Parkway in Saint Johns. Schaffer Construction LLC of Frisco, Texas, is the contractor of the 5,320-square-foot project at a cost of $685,000. AutoZone to Bartram Market: JEA issued a service availability letter for a 7,381-square-foot AutoZone store in Bartram Market. The project is planned off Bartram Market Drive, at Bartram Park Boulevard and Race Track Road. Nevin Engineering Services of St. Augustine is the civil engineer.

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THURSDAY, JUNE 4, 2020

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THE BASCH REPORT

Foley forms another ‘blank check’ company

MARK BASCH CONTRIBUTING WRITER

Foley Trasimene Acquisition Corp. raises $900 million to acquire one or more businesses. If you know Bill Foley, you wouldn’t expect a global pandemic to slow down the dealmaking by the chairman of Fidelity National Financial Inc. Actually, it seems to be heating up. And like many deals involving Foley in the past, it gets complicated. Jacksonville-based title insurer Fidelity closed its acquisition of annuity and life insurance company FGL Holdings on June 1. Fidelity agreed in February to buy FGL, a holding company formed by Foley. It was a “blank check” company with no operations before acquiring Des Moines, Iowa-based Fidelity & Guaranty Life (unrelated to Fidelity National Financial) in 2017. While Fidelity was putting the finishing touches on that deal, Foley raised $900 million last week with an initial public offering of another blank check company called Foley Trasimene Acquisition Corp. Foley Trasimene said in its Securities and Exchange Commission filings it was formed to acquire one or more businesses but has no targets as of now. The company sold 90 million units at $10 each, with each unit consisting of one share of stock and one warrant to purchase additional shares. IPO research firm Renaissance Capital said the $900 million securities sale tied for the second-largest ever by a special purpose acquisition company. Besides Foley’s involvement, the investment company has an additional connection to Fidelity. Cannae Holdings Inc. last week said it has invested $150 million in Foley Trasimene securities.

File image

Fidelity National Financial Inc. Chairman Bill Foley’s new company has $900 million, but has yet to acquire a company.

Cannae was a subsidiary of Fidelity that invested in several nontitle insurance businesses. Fidelity spun off Cannae as a separate public company in 2017. Cannae is managed by Trasimene Capital Management which, as indicated by the Foley Trasimene name, is a partner in the new blank check company. According to the SEC filings, public stockholders will own 80% of Foley Trasimene, which eventually will trade on the New York Stock Exchange under the ticker “WPF.”

Martire teams with Foley in blank check company

The Foley Trasimene IPO was not the end of Foley’s dealmaking in recent days. He and Frank Martire, former CEO of Fidelity National Information Services Inc., founded another blank check company, Trebia Acquisition Corp., which filed plans for a $375 million IPO on June 1. Fidelity National Information Services, or FIS, is the Jacksonville-based banking technology company spun off from Fidelity National Financial. Martire retired as FIS chief executive five years ago and retired as chairman of its board in 2018. Trebia’s IPO plan is smaller but otherwise similar to Foley Trasimene. The company plans to sell 37.5 million units at $10 each, with each unit consisting of one share of stock and one warrant.

Cannae also is investing in this company, agreeing to buy $75 million in securities, according to the IPO filing. Foley Trasimene is an investor, too. Like Foley Trasimene, Trebia’s filing says 80% of the stock will be owned by public shareholders. The filings don’t explain the origin of the names, but Reuters news service reported Trebia, Cannae and Trasimene all were major battles in the Second Punic War between Carthage and Rome. The connections between Foley’s companies may raise eyebrows with some, but Wall Street always has shrugged that off with Foley because of his successful track record in profitable dealmaking. He was able to raise $900 million last week without much fanfare. Foley moved his main residence from Jacksonville to Las Vegas in 2016 when he was granted a National Hockey League expansion franchise, the Las Vegas Golden Knights. Foley told the Daily Record two years ago that the hockey team had become his main business focus. However, the COVID-19 pandemic has shut down the NHL, like other sports leagues. Perhaps that’s given Foley more time to look for deals.

FGL shareholders say they want cash Fidelity’s $2.7 billion agreement to buy FGL called for Fidelity to acquire 60% of FGL’s shares in cash and 40% in stock. However, that agreement

announced Feb. 7 came before the stock market’s pandemicrelated upheaval. With the market’s outlook still uncertain, most FGL stockholders want the sure thing of $12.50 in cash for each of their shares. When FGL shareholders had to indicate their preference for receiving cash or stock, 87.8% of them asked for cash and only 1.7% chose stock, with the others not responding, Fidelity said last week. Because the cash option was oversubscribed, FGL shareholders who chose that option will receive a combination of cash and stock. The stock option gives FGL holders 0.2558 Fidelity shares for each of their shares. Based on Fidelity’s stock price, that was valued at nearly $12.50 on Feb. 7. When Fidelity’s stock bottomed at $19 in March after the market crash, it would have been worth just $4.86. Fidelity’s stock rebounded to $32.60 as of June 1 when the deal closed, valuing the FGL shares at $8.34 each.

Carter retires from CSX board CSX Corp. said in an SEC filing last week that Pamela Carter retired from its board of directors for personal reasons, effective May 22. Carter was reelected to the board at Jacksonvillebased CSX’s board May 6, along with 10 other directors. No replacement Carter was named. Carter, 70, served on CSX’s board since 2010. Her career includes a term as attorney general of Indiana from 1993-97, becoming the first African American woman elected as a state attorney general in the U.S.

Regency rents down so far for May Regency Centers Corp. said June 1 it had collected 58% of May rents from tenants in its 416 shopping centers, lower than the rents it collected for April. The Jacksonville-based company said last month as it

reported first-quarter earnings it collected 62% of April rents as of May 5. It received additional payments after that because its latest announcement said April collections were at 68%, so the May percentage still could rise in the coming days. Regency had said about 60% of its 8,000 tenants were open at the end of April, and that percentage rose to 75% at the end of May.

Cryptocurrency services firm acquired by Bots

Bots Inc., formerly known as mCig, said last week it acquired D’Bot Technology Corp., a company that provides technology for cryptocurrency services. Bots has been a cannabis products company but said last month it was changing its name to reflect its focus on adding technology to make the industry more efficient. The company also moved its headquarters from Jacksonville to San Juan, Puerto Rico, last month. Terms of the acquisition were not announced.

Embraer considers partnership with China, India

After a strategic partnership agreement with The Boeing Co. fell apart in April, Embraer S.A. is looking for partnerships in other countries, according to a Reuters report. During Brazil-based Embraer’s quarterly conference call June 1, CEO Francisco Gomes Neto said the aerospace company is considering partnerships with China and India and potentially other countries, Reuters said. Embraer has an assembly facility at Jacksonville International Airport for its A-29 Super Tucano military aircraft, which is sold to the U.S. and other countries. Embraer said its first-quarter results were hurt not only by the COVID-19 pandemic but also by the failed Boeing deal. The company had an adjusted net loss of $104 million, or 57 cents a share, with revenue falling 23% to $633.8 million.

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JaxDailyRecord.com

THURSDAY, JUNE 4, 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 May 25-31.

Google

Flagler College purchased 170 Malaga St. in St. Augustine for $1.48 million.

ST. JOHNS

NASSAU

DUVAL

$1,480,000

$1,120,000

$900,000

$725,000

$625,000

170 Malaga St., St. Augustine

Shinnecock Drive, RiverTown

Modesto Drive, St. Augustine

511 Ash St., Fernandina Beach

University Boulevard West, Jacksonville

Type: Commercial office Parcel size: 0.69 acres Building size: 6,592 square feet Buyer: Flagler College Inc. Seller: John D. Bailey Jr., Joan B. Thornton and the John D. Bailey Sr. Trust

Type: 10 residential lots at HighPointe at RiverTown Phase One Parcel size: Not available Buyer: MasterCraft Builder Group LLC Seller: Mattamy Jacksonville LLC

Type: 20 residential lots Parcel size: Not available Buyer: DF Valencia I LLC Seller: Valencia Developers 2 LLC

Type: News-Leader office Parcel size: 0.38 acres Building size: 4,058 square feet Buyer: The C. Todd Living Trust and the Brian K. Boyer Living Trust Seller: Coastal Newspapers LLC Previous sale: $308,000 in 2000

Type: Undeveloped industrial Parcel size: 2.51 acres Buyer: Purcell Investments LLC Seller: 4115 University Blvd. W. LLC

DUVAL

CLAY

ST. JOHNS

$600,000

$580,000

$460,000

$413,474

$377,830

Hampton Creek Road, Jacksonville

3951 St. Johns Ave., Jacksonville

Mariana View Walk, Fleming Island

434 Vista Lake Circle, Ponte Vedra

Type: 10 residential lots in Hampton West, Phase One Parcel size: Not available Buyer: Weekley Homes LLC Seller: Hampton West LLC

Type: Ale Pie House/retail Parcel size: 0.3 acres Building size: 3,745 square feet Buyer: Gamechanger Investment Properties LLC Seller: Fort Lauderdale Harbor Cafe LLC Previous sale: $217,500 in 2012

Type: Four residential lots in Fleming Estates South Parcel size: Not available Buyer: Riverside Homes of North Florida Inc. Seller: Fleming Partners LLC

1055 Grove Park Drive S. and 395 Dunwoodie Road, Orange Park Type: Residential properties Parcel size: 0.41 acres Building size: Two houses totaling 3,098 square feet Buyer: AMNL Asset Co. 1 LLC Seller: Jeff 1 LLC

COMMERCIAL REAL ESTATE

Top commercial sales of the week

Type: Residential property Parcel size: 0.15 acres Building size: 1,757 square feet Buyer: Railroad Man Holdings LLC Seller: Jax Construction Holdings LLC

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JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER

THURSDAY, JUNE 4, 2020

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Dennis + Ives: ‘We feel there is demand’ CONTINUED FROM PAGE 1

Jeff Edwards, president and cofounder of the Rail Yard District Business Council and CFO of Beaver Street Fisheries. “This is the type of project we have been looking to advance.” Finnegan envisions adaptive reuse of the Caribbean Cold Storage structures, as he does with his other projects. Property records show the largest buildings on the site were developed in 1965 and 1985, with an office developed in 1945. “ We like to go in and wo r k with Finnegan what’s there,” Finnegan said. “We will use a lot of the structure and adapt it to make it more modern and for other uses.” Finnegan is part of 95 Arch Partners QOZ Fund LLC, the ownership and development team that includes Trip Stanly, managing member of Blackwater Capital LLC in Jacksonville, and former Jacksonville resident Ken Grimes, senior managing director and partner of Patterson Real Estate Advisory Group in Charleston. Dennis + Ives is designed on Grimes 5½ acres at 1505 Dennis St. and is named for the cross streets. Property records show several existing structures total about 72,000 square feet but the final development size of Dennis+Ives hasn’t been decided. Stanly said the initial focus will be on the roughly 28,000-squarefoot single-story building envisioned as creative office space. “We feel there is demand for creative alternative healthy office space in the market,” Stanly said. THE TEAM

Stanly formed Blackwater Capital after leaving CSX Corp., where he managed leased assets across the country for almost seven years. Before that, he spent three years with Regency Centers in leasing and investment sales. Finnegan is an experienced New York analyst and investment banker and an Austin, Texasbased biotech entrepreneur who returned to Charleston to focus on ventures and then real state development. Grimes has been a partner

DENNIS + IVES MASTER PLAN The Dennis + Ives project initially will focus on the 28,000-square-foot singlestory building envisioned as creative office space.

Special to the Daily Record

in Patterson since 2016 with a background in marketing and real estate investment banking. Prime Realty founder and CEO Tyler Saldutti and Senior Vice President Matthew Clark are the leasing brokers for the development’s retail and dining concepts. CBRE Senior Vice President Clark Oliver Barakat is the leasing broker for the office concept. The architect is Logan Rink, managing principal of Jacksonvillebased Design/Cooperative LLC. Dennis + Ives is in a federal

Qualified Opportunity Zone, which could provide tax benefits to investors. The 95 Arch Partners QOZ Fund advises potential tenants to consult with tax professionals for guidance. “This is an opportunity zone deal, we are long-term owners and we will be in this deal for at least 10 years,” Stanly said. “We are patient and comfortable with that time frame, and we will take advantage of market opportunities as they present themselves within that time frame.” LOCATION, LOCATION, LOCATION

The Dennis + Ives site is next to I-95 and the arch bridge, a visual

worked into the Dennis + Ives logo. It also is near I-10. Stanly said the central location with strong visibility and easy access to the interstates “is mission-critical.” “People are seeing oneof-a-kind locations and unique experiences,” Stanly said. “Secular trends tend to Stanly be more powerful than market cycles so that trend is not going to change.” In a news release, Finnegan said that in Charleston, an area of the Upper Peninsula has been transformed into a creative neighborn-

hood known as the NoMo district. “The Rail Yard District has the very same feel as NoMo did at the start – incredibly convenient but somewhat neglected,” Finnegan said. He said the NoMo location combined with an abundance of parking allowed food and beverage and office development to lead the way, followed by residential development, “which is our plan for Dennis + Ives.” Finnegan’s portfolio includes rehabilitation of the dilapidated Montgomery Building in downtown Spartanburg, South Carolina, into apartments, office space, restaurants and retail uses. Stanly calls the Rail Yard District “Jacksonville’s next great

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A rendering of the Dennis + Ives project that includes a brewery, creative office, a full-service restaurant, a cafe and a pickleball court.

the complete p a c ka ge at Dennis + Ives,” Barakat said. Stanly said that because of the pandemic, Barakat Dennis + Ives w i l l i n co rporate higher health and safety standards into the creative office building. Developers say another amenity for Dennis + Ives is that is a waypoint near McCoys Creek along the 30-mile Emerald Trail. The trail is a series of parks and waterways being developed to connect at least 14 historic Jacksonville neighborhoods around Downtown. Stanly compares the Emerald Trail to the Atlanta BeltLine, which is designed to connect 45 in-town neighborhoods by a 22-mile loop of trails, modern streetcar and parks. “Study the BeltLine in Atlanta. It unlocked and unearthed these old properties in old neighborhoods,” Stanly said.

warehouse space. The parcels are divided by Dennis and Ives streets and are zoned for industrial light and industrial heavy uses. They are in an Enterprise and Empowerment Zone. While subject to change and market conditions, developers created a conceptual site plan. The plan shows the cold-storage facilities site with a potential 35,860-square-foot brewery with outdoor event space and stage with parking. The brewery is connected to 28,000 square feet of creative office space. The parcel also has a separate cafe with a patio and a pickleball court. Those buildings face Dennis Street. Ives Street bisects a facing parcel. Plans show parking and a full-service restaurant and covered patio on one side and parking on the other. The Dennis + Ives team will

The Dennis + Ives properties are at 1505, 1620, 1710 and 1720 Dennis St. and 74, 76 and 96 Ives St. Property records show they contain connected 38,029- and 32,214-square-foot warehouse and cold storage buildings, a 1,166-square-foot office and another 1,000 square feet of

Finnegan said he has long driven through Jacksonville on his

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FINNEGAN WON’T STOP WITH DENNIS + IVES

The developers painted the loading dock bay of the former Caribbean Cold Storage building.

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way to visit family, Walt Disney World and events. Grimes is a mutual friend who introduced him to Stanly. Finnegan was in Orlando for one of his children’s events when Grimes invited him to look at the Caribbean Cold Storage property. He called Stanly and stopped by on return north. Finnegan pulled off to the site, saw the Downtown skyline and the I-95 traffic. “This is a great location,” he thought. “I need to buy this.” He doesn’t intend to stop with that. “I assume this will be one of many deals I will do in this area,” Finnegan said. “The more I learn about the Jacksonville market the more I like it.”

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start work immediately so it can respond quickly to tenant requirements, the release said. Early tenants also can access leasing incentives such as signage visible along I-95 and abovemarket parking allocations at what the team calls “very reasonable lease rates.” Saldutti said the leasing team is working with local and national breweries, distilleries and hard seltzer manufacturers to anchor the development. Stanly said the pandemic, which led to social distancing and capacity mandates, means patience for the food and beverage development. The office development can be pursued. “We believe it is time to go on offense with our creative office building,” he said.

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urban neighborhood.” The district includes businesses such as Beaver Street Fisheries, the 82-year-old Jacksonville Farmers Market, Drummond Press, Load King Manufacturing Co., Standard Feed & Seed, Rethreaded, Eco Relics, Engine 15 Brewing Co. and The Glass Factory. The area also is a focus of the nonprofit LISC Jacksonville, whose mission is to help economically depressed neighborhoods and their businesses and partners rebuild and revitalize their areas. LISC research found that the district is home to about 350 businesses with about 6,000 employees that generate about $3 billion a year Saldutti in revenue. Saldutti said in a news release the site is high profile. “Being located with visibility to Interstate 95, this project will be seen by over 100 million travelers each year,” Saldutti said. Barakat said in the release that amenities, visibility and “plenty of parking already made the project a winner.” COVID-19 trends also could lead to more looks at the onestory creative office space. “Now we’re seeing tenants look for space with direct entry and no elevators – so we can showcase

JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER

THURSDAY, JUNE 4, 2020

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MAX MARBUT ASSOCIATE EDITOR

“We can keep this firm going for many years to come,” says Jonathan Zisser of the new firm, which comprises three generations of legal experience. Two law firms, Zisser Law, in practice Downtown since 1971, and Zisser Family Law, established in 1975 in Neptune Beach, have combined and now practice as Zisser Family Law. “It’s a merger. There were two corporations and two staffs and we really didn’t interact a lot,” said Elliot Zisser, who began practicing with his now-retired brother, Barry, nearly 50 years ago. “Now, there’s a lot more interaction. The Downtown lawyers will work in the beach office and the beach lawyers will have a place to hang out when they go to the courthouse,” he said. Since its founding, Zisser Law specialized in family law. Elliot Zisser’s wife, Carolyn, opened her law firm in Neptune Beach in 1975 that also specializes in family law. Their son, Jonathan, is the third partner in the firm. He works in the office at the beach with his mother and four associate attorneys. The merged firm comprises three generational levels of legal experience – his parents, himself and the younger associates, Zisser said. “I think that’s good. Our experience levels vary and our fees vary and the older lawyers mentor the younger lawyers.” A former assistant public defender, Jonathan Zisser said that experience adds an element to the firm’s expertise. “I handle all the criminal collateral matters that can have an effect on the outcome of a divorce. I have cases where

Special to the Daily Record

Zisser Family Law, from left, attorneys Joe Alvarez, Lynn Salvatore, Elliot Zisser, Carolyn Zisser, Jonathan Zisser and Katie Johnson.

SHARE YOUR LEGAL NEWS Attorneys and law firms are invited to send news and notes to Max Marbut, associate editor – legal affairs, at mmarbut@ jaxdailyrecord.com.

the client is going through a divorce but one parent has a criminal case at the same time. It’s important to understand how those areas of law affect each other,” he said. Another reason for the merger is the firm’s succession plan. While his parents eventually will choose to limit their practice or maybe even retire, Jonathan Zisser plans to continue to practice for decades. Building the firm with seasoned lawyers and younger associates creates a diverse practice in terms of experience and longevity.

“My parents are in their 70s. One of our associates is barely 30. It makes sense to come together as one family and one firm going forward,” Jonathan Zisser says. “We can keep this firm going for many years to come.”

Women lawyers returning to The River Club

After not gathering for lunch in March, April or May because of the COVID-19 pandemic, the Jacksonville Women Lawyers Association’s monthly meeting is returning to The River Club at 11:45 a.m. June 11. There will be changes, said association President Sarah Mannion. Table service will replace the buffet and seats and tables will be arranged to allow for social distancing. The CLE program, originally scheduled in March, is a panel discussion titled “What’s Next with Parental Leave?” The discussion will be moderated by JWLA and Florida

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With orders issued April 16-May 21, the state Supreme Court disciplined 10 attorneys. Two were disbarred, one license was revoked, six were suspended and one was reprimanded. Two of the lawyers practice in Jacksonville: n Michael Keith Roberts II, 1680 Emerson St., was suspended for 45 days effective 30 days following a May 7 court order. In 2012, Roberts was arrested for an alleged criminal violation which the state declined to

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prosecute and later expunged. Two years later, following a domestic battery call at his address, he attended an anger management course. Later in 2014, he was charged with domestic violence/battery against his then-wife and pleaded guilty to simple battery. Roberts was required to attend anger management classes and was diverted to Florida Lawyers’ Assistance Inc., for evaluation which found he did not need treatment or follow-up. After Roberts’ ex-wife filed a complaint in 2017 relating the above history, Roberts agreed to another evaluation which again found no need for treatment. n Adrian Shiand WebsterCooley, 8451 Gate Parkway West, is suspended indefinitely effective 30 days from an April 16 court order. Webster-Cooley was held in contempt for failing to respond to official Bar inquiries.

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Association for Women Lawyers past President Jennifer Shoaf Richardson. Panelists are attorneys Alessandro Apolito, Jennifer Feld, Lyndsay Tygart Ahmed and 4th Circuit State Attorney Melissa Nelson. The meeting and discussion also will be live on Zoom, Mannion said. Visit jwla.org for details and registration.

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Inequities ‘have been tolerated for too long,’ JAX Chamber Chair Henry Brown says Jacksonville Jaguars owner Shad Khan calls for lasting change. BY MIKE MENDENHALL STAFF WRITER

JAX Chamber Chair Henry Brown said “inequities” in the U.S. and city of Jacksonville “have been tolerated for too long,” as local and nationwide protests continue following the death of George Floyd last week in Minneapolis. The Northeast Florida business organization, which has 3,000 members, is based in Downtown Jacksonville where predominantly peaceful protests against racial inequities and police brutality against the black community have been ongoing since May 30. Floyd was an unarmed black man who died in police custody after a white Minneapolis police officer pressed his knee onto Floyd’s neck. A smaller group of demonstrators turned violent May 30-31 and damaged eight buildings Downtown from Ocean to Adams streets and injured four police officers. “Our community is built on citizens standing up for what’s right, holding our leaders accountable and demanding change,” Brown said via email June 3 after a request for comment. “Inequities in our country and city have been tolerated for too long. We cannot allow for people in our community to be treated differently or denied opportunity

THURSDAY, JUNE 4, 2020

DEVELOPMENT TODAY These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. APARTMENTS The Reserve at Oakleaf, 9849 Crosshill Blvd., contractor is Pools by John Clarkson Inc., install pool, $95,000. The Plantation Apartments, 7061 Old Kings Road S., contractor is Aqua Scape Pools & Spas Inc., install fountain, $25,000.

because of the color of their skin or the part of town they call home. The business community must – and will – step up and lead,” he said. Brown is a third-generation CEO of Jacksonvillebased Miller Electric Co. Jacksonville Jaguars owner Shad Kahn also commented June 3 in an editorial sent to the media and posted on Jaguars.com. Khan said the events of the past 10 days were “alarming and disheartening” because “this familiar sequence of killing, followed by protest and civic unrest, followed by inactivity and silence, occurs ever more frequently in our nation.” “I will listen to the players in the days ahead with an exceptionally keen ear so we can work with them to make the transition from conversation to actionable plans in the name of lasting change. And I will do the same with employees and associates throughout my various businesses, where the interests and concerns on this matter are no less vital,” Khan wrote. “Change for all people of color in the United States is long overdue, and it must happen now,” Khan wrote. “Racism, in all its forms, will kill. It kills people, it kills communities, it kills dreams, it kills hope,” he wrote. “For many Americans, now is the moment. Never has that been clearer. I don’t want to waste this moment.”

OFFICE, BANK, PROFESSIONAL Summit Contracting Group LLC, 7595 Baymeadows Way, contractor is Summit Contracting Group LLC, 47,000 square feet, firstand second-floor tenant build-out, $1.69 million. UBS Financial Services Inc., 5555 Gate Parkway, contractor is Brasfield & Gorrie LLC, 5,147 square feet, tenant build-out, $1 million. SIGNS Barton’s Home Outlet Kitchens, Baths, Floors & More, 9400 Atlantic Blvd., No. 50, contractor is Taylor Sign & Design Inc., wall sign, $2,000. STORES, MERCANTILE Harbor Freight Tools USA Inc., 10950 San Jose Blvd., contractor is Heartland Retail Construction Inc., tenant build-out, $220,000. Compiled by Scott Sailer

MMENDENHALL@JAXDAILYRECORD.COM @MIMENDENHALL (904) 356-2466

PEOPLE ON THE MOVE

Reopening CONTINUED FROM PAGE 1

tions, such as frequent sanitation, must continue at the establishments. Pari-mutuel facilities can seek to operate with a written request from their county’s administrator to the state Department of Business and Professional Regulation secretary. DeSantis said a task force for reopening universities

Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@jaxdailyrecord.com

will present plans June 23. People 65 or older are still encouraged to avoid crowds and take measures to limit their exposure to COVID-19. Long-term care facility employees should still be routinely tested under phase two, and people should avoid gathering in groups larger than 50. “I think it will give more people in Florida more opportunities,” DeSantis said. “I think it’s the right way to go forward.”

The Jacksonville Historical Society named G. David Auchter IV to its board of directors. Auchter is a shareholder, office and vice president with Haskell Co. He also oversees Haskell’s public affairs. His great-grandfather founded Auchter Construction Co. in 1929.

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THE BAR BULLETIN

THURSDAY, JUNE 4, 2020

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM

INSIDE

COMMENTARY PRO FROMBONO THE PRESIDENT

BACK TO THE OFFICE: EMPLOYERS NEED A PLAN

YOUNG LAWYERS

Let’s not go ‘back to normal’ Suddenly, we don’t need fancy offices or conference rooms, we don’t even need our staff to be in the office to do good work, and we certainly don’t need 800,000 square feet of courtrooms. PAGE 14

JBA ELECTIONS

Meet the candidates The Jacksonville Bar Association Young Lawyers Section board of governors has three seats up for election. PAGE 18

COVID-19 changes the office environment.

KIRSTEN DOOLITTLE JBA LABOR AND EMPLOYMENT COMMITTEE CHAIR

ver the past eight weeks, we have been profoundly impacted by COVID-19 and the uncertainties it created. In addition to concerns about the health of our families and personal financial stability, most of us experienced the added worry of business disruption as we transitioned into working remotely. While most law firms were exempt from Mayor Lenny Curry’s work-from-home order, many firms directed their employees to work

from home. And work from home they did. Attorneys juggled client deadlines while home-schooling their children. People frantically searched for the mute button so clients would not hear their dogs barking. Everyone attends hours of Zoom and Microsoft Team meetings. Partners researched and applied for financial relief programs and other emergency fund opportunities.

COMMENTARY

An advocate for children How Guardian ad Litem positively changed the path of my career and allowed me to make a difference in a child’s life in a way that I did not imagine. PAGE 12

SEE DOOLITTLE, PAGE 15

COMMENTARY PRO FROMBONO THE PRESIDENT

The grievance process: What attorneys need to know In Florida, lawyers are self-regulated, with the state Supreme Court having exclusive jurisdiction over discipline. JAMIE KARPMAN JBA BOARD OF GOVERNORS

Lawyers are expected to adhere to our Oath of Admission and to the Rules Regulating The Florida Bar. Other than reading published

summaries of discipline orders, most lawyers give little thought to the system that regulates and enforces sanctions against attorneys. In Florida, lawyers are selfregulated. The state Supreme Court has exclusive jurisdiction over attorney discipline, including prescribing standards of conduct, methods of enforcement and sanctions. As an official arm of the court, The Florida Bar is charged with administering a statewide dis-

ciplinary system to enforce the rules. It takes matters of discipline very seriously. The grievance process handles complaints against lawyers and The Florida Bar board of governors retains review oversight throughout. Often, concerns about unprofessional behavior or attorneyclient issues can be informally resolved without a complaint being filed. Local Professionalism Panels and The Florida Bar Attorney Consumer Assistance Program hotline at (866) 352-

0707 are available to aid in these matters. The 4th Judicial Circuit LPP is led by the Jacksonville Bar Association Professionalism Committee. When a complaint is filed against a lawyer, it is up to The Florida Bar to investigate the allegation and determine whether there is sufficient probable cause that a violation of the rules has occurred and if so, SEE KARPMAN, PAGE 15

THE BAR BULLETIN

THURSDAY, JUNE 4, 2020

COMMENTARY

Amid revenue struggles, tenants, landlords can find common ground

Here are four ways disputes can be resolved to avoid a trip to the courtroom.

ing lawsuits. Possible tools could include deferment or abatement of sales and property taxes as well as development, concurrency, inspection, permit and other government fees.

BY LAURIE LEE & CHRIS HAND

With their reliance on property tax revenues, local governments have special interests in promoting real estate market stability. Jacksonville City Council members voted May 26 to provide one-time, $2,000 stimulus payments to help qualifying small businesses make rent or mortgage payments. If additional federal COVID-19 money becomes available, Council should consider extending this initiative. Other Florida counties and cities should follow Jacksonville’s lead.

Provide targeted assistance

JBA MEMBERS

Many small businesses have experienced COVID-19-related revenue losses and are hardpressed to make their commercial rent payments. Though some companies have received assistance from the Paycheck Protection Program, Economic Injury Disaster Loan, Federal Reserve Main Street Lending Program, Florida Emergency Bridge Loan, City of Jacksonville-VyStar Credit Union partnership or similar initiatives, others have not. Economic woes will worsen if businesses lose physical locations and the ability to restore operations. Some landlords with financial flexibility have recognized that reality. Property owners including Publix Super Markets and Sleiman Enterprises have offered broad rent abatement. Others are

Laurie Lee

Chris Hand

working with tenants to design specific solutions. Some landlords are not able to abate or defer rent. In some cases, property owners face their own urgent financial challenges and loss of rent threatens their ability to meet mortgage obligations. Other landlords that could be flexible have instead chosen confrontation over collaboration. Nobody wins if the reopening of the court system brings a flood of commercial evictions – not the landlords, which incur legal fees and vacancy costs; not the tenants that lose more revenue; not the judges, who already face docket backlogs;

and not the Florida economy. The good news is that state and local governments, including courts and key nongovernmental organizations, may be in a position to help stem the tide. Here are four ways the state and local communities can encourage landlords and tenants to resolve disputes:

THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President Elizabeth Ferguson Marshall Dennehey Warner Coleman & Goggin President-elect Michelle Bedoya Barnett Alexander DeGance Barnett Treasurer Michael Fox Orr Orr | Cook

Secretary Fraz Ahmed Coker Law Young Lawyers Section President Alessandro Apolito Lippes Mathias Wexler Friedman Executive Director Craig Shoup

Support financial flexibility Some commercial property owners face serious COVID-19 losses. State, county and city governments should consider cost mitigation strategies for landlords that work collaboratively with tenants instead of fil-

Encourage mediation While it always is hoped that commercial landlords and tenants can directly resolve disputes, mediation often bridges differences when the parties cannot do so on their own. The state, counties and cities with fiscal capacity, or even nongovernmental organizations

Business law attorney Laurie Lee is the owner and managing partner at The Legal Department for Service Professionals. Strategic government law attorney Chris Hand is president of Hand Law and previously served as chief of staff at the city of Jacksonville.

Brian T. Coughlin Bedell Firm

Adina Pollan Pollan Legal

Christian P. George Akerman

Asghar A. Syed Gunster

Blane McCarthy Blane McCarthy

Mandate early mediation if eviction litigation is filed

During the Great Recession, Florida courts used administrative powers to require mediation in residential foreclosure cases. As our colleague Jeff Wilkins of the Property Management Law Group has suggested, the judicial branch could consider ordering telephonic or virtual mediations following service of commercial eviction complaints. The state could encourage resolution at mediation by temporarily suspending Fla. Stat. §83.232(5), which allows eviction without hearing unless a commercial tenant deposits all unpaid rents into the court registry.

BOARD OF GOVERNORS MEMBERS

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

like local Bar associations or chambers of commerce, could engage certified mediators to help business property owners and tenants avoid litigation.

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.

THE BAR BULLETIN

THURSDAY, JUNE 4, 2020

COMMENTARY

What it means to be an advocate for children ASHLEY SPEERS JBA DEPENDANCY COMMITTEE

Guardian ad Litem has positively changed the path of my career. When I entered law school in 2009, I knew I wanted to make a difference by representing a child’s perspective, which I found to be sometimes lost in family law matters. It was in my first year of law school that I found the Guardian ad Litem program. It was established to represent the best interest of children who have been removed from their homes due to abuse, abandonment or neglect.

The program uses a team approach that comprises a trained volunteer, a child advocate manager and a child’s best interest attorney. At first, I was a volunteer while I was in law school, which allowed me to work directly with the children. I was able to interact with them at school and at home and advocate on their behalf for anything they needed as well as advocating on their behalf at court. After graduating from law school and passing the Bar exam, I transitioned from volunteer to being a child’s best interest attorney with Guardian ad Litem. My duties and responsibilities include working with the volunteer and child advocate manager to advocate in court for what is best for each child we represent. This involves whether a child needs a specific service, their placement needs to be changed or even whether their parents’ rights should be terminated. As a child’s best interest attorney, I attend hearings on a weekly basis to address a range of matters including whether a parent should be reunified with their children or if a parent’s rights should be terminated. In each case, there are judi-

cial reviews where we make permanency recommendations on whether a child should be reunified or adopted based on whether a parent has changed their behaviors that led to the removal of the children. One of the reasons I am able to do my job is because of the volunteers and child advocate managers that are with the program. The volunteers come from different career backgrounds but all have the passion to help children. They go into the home and see the children to provide information to the child advocate manager and child’s best interest attorney so that we can make a decision as a team as to what is in a child’s best interest. I work closely with attorneys who represent the state and with the parent’s counsel to resolve issues that may arise. My role also is to assist in filing motions to protect a child from testifying if it is not in their best interest, modify the level of visitation or even change placement of the child. Another part of being an attorney for Guardian ad Litem is that I prepare the volunteer, child advocate manager and other witnesses to testify at termination of parental rights

trials. This also includes preparing children to testify when it is appropriate and to ensure they are as comfortable as they can be when having to speak to the court. My role is to ensure that the recommendations requested by the volunteer and child advocate manager are within the bounds of the law. In the dependency system, we operate under Chapter 39 and must adhere to those statutes when making recommendations for the children we represent. Although I knew I wanted to advocate on the behalf of children when I decided to attend law school, I had no idea I would find a program that truly is a child’s voice. Being a volunteer and now an attorney with Guardian ad Litem has positively changed the path of my career and allowed me to make a difference in a child’s life in a way that I did not imagine. If you are interested in volunteering with Guardian ad Litem, visit guardianadlitem.org for information.

Although I knew I wanted to advocate on the behalf of children when I decided to attend law school, I had no idea I would find a program that truly is a child’s voice.

Ashley Speers is a senior child’s best interest attorney with the Guardian ad Litem program.

PRO BONO

Work continues during COVID-19 pandemic

MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR

Civil legal aid organizations anticipate the need will increase. In the past several weeks, COVID-19 has changed just about everything in our lives as we deal with the impact of the pandemic on our health and the well-being of our family and friends. Many of us are figuring out how to work from home and

possibly also serve as teachers and caretakers at the same time. There’s something that has not changed – the overwhelming need for legal assistance for the lower-income, elderly and disabled members of our community. While most law offices and legal aid offices currently are closed, organizations and volunteer attorneys are working to find ways to provide quality service to clients in a safe and efficient manner. Sarah Sullivan, pro bono director at Three Rivers Legal Services and vice chair of the JBA Pro Bono Committee, provided an update: Jericho Road Legal Services and Three Rivers Legal Services have modified their community outreach and legal advice clinics to go virtual, while recognizing the technological limitations of those they serve. The nonprofit civil legal aid providers have provided two different “live” but virtual clinic formats. Clients are served by appointment and are pre-

Sarah Sarah Sullivan, pro bono director at Three Rivers Legal Services and vice chair of the JBA Pro Bono Committee.

screened prior to being scheduled to verify income eligibility and comply with other regulations. Zoom is a hub for volunteers and clinic staff during the duration of the scheduled clinic. That provides an opportunity, like a virtual watercooler, for attorneys

to ask questions, get feedback and address technical issues during the clinic. OneDrive/Google Drive is used to create a folder for the attorneys that includes service agreements and client documents. Using the drives avoids potentially unsecure sharing of documents via email and allows clinic staff to monitor and assist volunteers in getting what they need to serve clients’ civil legal needs. The considerations necessary for a successful virtual clinic for low-income people include determining the client’s accessibility and familiarity with technology; the ease and flow of information between agency, volunteer and client; and most important, the safe exchange of privileged communications. At Jacksonville Area Legal Aid, we continue to offer the Eviction Defense Self Help Project Clinic each week. It assists clients with drafting conditions letters and answers to eviction complaints using a guided interview form builder, is

usually presented in person and is staffed by volunteer attorneys. Several attorneys have volunteered to provide advice by telephone or take cases directly in some of the other areas that would have been serviced at an in-person clinic, such as the Pro Se Bankruptcy Clinic and the Name Change Clinic. Attorneys not currently involved in one of the projects who would like to volunteer can review cases that need representation by visiting floridaprobonomatters.org and typing in their county to see cases in the areas awaiting placement. Cases that are related to COVID-19 will be noted in the description and many cases can be worked on remotely. Civil legal aid providers anticipate the need for assistance will increase as the courts begin resuming normal operations. Attorneys interested in getting more information about pro bono opportunities may email missy.davenport@jaxlegalaid. org or sarah.sullivan@trls.org.

THE BAR BULLETIN

THURSDAY, JUNE 4, 2020

YLS BOARD OF DIRECTORS

8 candidates, 3 seats The Jacksonville Bar Association Young Lawyers Section board of governors has three seats up for election. Each seat is for a two-year term. Online voting began May 29 and ends at noon June 11. If you are a young lawyer, visit jaxbar.org for more information about the candidates and to cast your vote. SEAT 2

Matt Borello

Seth C. Nix

Adam Prom

Kathryn E. Stanfill

“My goal for The Jacksonville Bar Association YLS is to increase membership and inactive member participation through events that promote professional growth and networking in a way that isn’t stale. Young lawyers are often so busy that we forget just how important community involvement, comradery, and recreation are. I hope to introduce creative event ideas and work towards drawing in more new and active members by creating a YLS environment that is so fun and rewarding that even the busiest of us will find time to participate.

My goals are to work with the board of governors to support, grow and engage membership. I believe that to do so, it is important to provide programs, projects and activities that are relevant and take into consideration the often unique circumstances of young lawyers, such as time and financial constraints. I also hope to continue to enhance the reputation and image of the YLS within the community by continuing the tradition of hosting successful community events. I believe that as a sixth-year practicing attorney with years of pre-lawschool experience managing businesses, I have a unique skill set that is well suited to fulfilling the obligations of a board member.

As a member of the Young Lawyers Section since 2017, I appreciate the value our organization provides to both young lawyers and our broader community. Through charitable fundraising, mentoring programs and networking opportunities, the YLS offers a tremendous resource for those who wish to develop personally and professionally. If elected to the YLS board, I look forward to expanding the footprint of the YLS through outreach and programming and enhancing the incredible networking opportunities offered to our members. As a member of the YLS board, I will strive to plan and encourage safe, fun and creative ways to remain connected with our peers, while also supporting our local community.

I want to be your next YLS board member because I will put in the effort to help our association grow. My two main goals are increase active membership and increase our involvement with charities. First, by utilizing relationships with other attorneys, I coordinated and planned “A League of Our Own” to help bring attorneys from different fields and associations together. I would like to continue to foster more connections. Second, I want to increase our involvement with charities so that we can give back on a bigger scale while still having fun. I believe that, in life, you get out what you put in. If we work together, we can continue making this association better for everyone.

SEAT 4

SEAT 6

LaTesha M. Campbell

Teddy Foster

Josef B. Hess

Tim Miller (incumbent)

I am a current an ex officio board member of the YLS board of governors and have previously served on multiple committees for the last two years. I hope to continue my commitment to the JBA YLS and to encourage others to become involved as well. My goals for YLS include adding a professional development CLE to our programming, expanding the high school mentorship program to additional local schools and increasing membership and involvement of government attorneys.

My goals are to reach out to our members in untapped ways and work with the JBA to increase member benefits for young lawyers. I also hope to evaluate opportunities that arise out of a post COVID-19 legal environment and provide innovative programs in that regard. We need to continue to promote mental health awareness, work/life balance and overall physical and mental wellness. We need help in those areas now more than ever and I have always had a special interest in lawyer wellbeing. We need to create exciting new opportunities for members to network with judges and lawyers. Born and raised in Jacksonville, the JBA would benefit from merging with the greater Jacksonville community.

My goal is to be an active member of the board of governors and to help assist the Young Lawyers Division in becoming a strong association that helps young attorneys network and become familiar with the ins-and-outs of the legal community.

The main goal of every Bar organization should be to make everyone feel welcome and a part of the group when they come to an event. My favorite thing about the events that we as the YLS put on is seeing a new face that has come to a YLS event for the first time that day. It should be our mission to ensure that person will want to return and participate again through ensuring that they have a positive experience. Through this method we maintain a steady flow of fresh ideas and new inspirations that will help keep our organization a vibrant and energetic force for positive change. The philanthropic aspect of YLS is also something I consider vital and paramount to our success as a group.

THE BAR BULLETIN

THURSDAY, JUNE 4, 2020

YOUNG PRO LAWYERS FROMBONO THE PRESIDENT

Here’s an idea: Let’s not go back to ‘normal’

SHANNON SCHOTT YOUNG LAWYERS SECTION BOARD MEMBER AND SOLO PRACTITIONER AND SMALL FIRM COMMITTEE CO-CHAIR

The challenges we’ve faced can make us better. Let’s focus on what really matters.

If COVID-19 has taught us anything, it’s what really matters. The distraction has been stripped away and we’re clearly able to see that the health and wellness of the people we love and ourselves is all that matters. To protect what matters most, the practice of law suddenly evolved for the better. The pandemic brought a level of efficiency to the judiciary not previously seen. While we begrudgingly transitioned to the virtual practice of law, the practice jumped light years ahead from where it was while protecting the people who keep the wheels of justice turning. Suddenly, we don’t need fancy offices or conference rooms, we don’t even need our staff to be in the office to do good work, and we certainly don’t need 800,000 square feet of courtrooms. Virtual court is a service to our clients, ourselves, the judiciary and the community. By hold-

ing virtual court we are able to more quickly conduct our court proceedings. Gone are the days of a judge waiting for an attorney or party to physically appear. Gone are the days of not being able to be in two courtrooms at once. We have achieved court access for all because people who previously were limited physically or financially to attend court can “appear” by simply making a telephone call. Parents are now able to “bring” their children to work and it’s acceptable. We are more gracious and understanding to parents and parents have grown to love the mute button. Previously, few of us achieved work/life balance because of how overscheduled we are. But now, lawyers have time to do the work and exercise, enjoy recreational activities or develop hobbies. One young lawyer grew an eggplant.

COVID-19 also is a wake-up call. I realized it’s not the work that keeps me away from my family, my friends or the gym. It’s the hours of work done for a client who I didn’t really want to represent but thought the firm needed the business. It’s the unnecessary commute to a meeting that could have been a Zoom conference, the hurry up and wait for court and conferences that could have been a call and the many meetings and happy hours that I really didn’t have to attend. It was me failing to prioritize. So, while we have the time, we should consider what isn’t a priority in our lives and whether we should prioritize those things again. Nightmare clients? Stressful working environments? Voluntary obligations that bring you no joy? Travel and meetings that could be handled in a conference call or video chat?

LEGAL BRIEFS

I know we’re eager to get back to the practice of law and “get back to normal,” but here’s my suggestion: Don’t. Fire the client. Quit the job. Pay for the Zoom account. Minimize your commute. Don’t go back to a life where your priorities are not prioritized. Don’t go back to “normal.” Normal did not encourage us to foster good relationships with our families and friends. Normal did not address raising children or growing eggplants. Normal did not force us to be innovative and efficient. Normal didn’t allow us to have true work/life balance. Let’s focus on what really matters. Let’s embrace this new practice of law, be more efficient and do more virtually so that we can live a more fulfilled and balanced life out of the office. Shannon Schott is a partner at Plata Schott Attorneys & Counselors at Law.

JBA CALENDAR

Need CLE hours? Check out the JBA website

Keep involved in the JBA

Key reasons to renew your JBA membership

VIRTUAL MEETINGS

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

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

• Bench & Bar Holiday Party free to members • General and Law Day luncheons free to members • Annual golf tournament • Free committee participation • Access to Attorney Conference Center, Duval County Courthouse • Bar Bulletin – First Thursday monthly edition of the Jacksonville Daily Record • CLE seminars at reduced rates • Optional Lawyer Referral Service membership • Savings on exclusive member benefits • JBA E-News member email • Free listing in website directory with photo

JUNE 9 Judicial Relations Noon, virtual meeting

For all meetings, register at jaxbar.org

JUNE 10 Mentor/Mentee Roundtable Breakfast 8 a.m., virtual meeting

UPCOMING EVENTS For all events, register at jaxbar.org JUNE 24 JBA Member Luncheon Noon, virtual event

THE BAR BULLETIN

THURSDAY, JUNE 4, 2020

Karpman: About 400 lawyers a year sanctioned CONTINUED FROM PAGE 10

what discipline is appropriate. Although The Florida Bar has prosecutes a higher percentage of its members than similar professional regulatory bodies in the state, few lawyers have complaints filed against them and even fewer are disciplined. There are more than 100,000 members of The Florida Bar. Each year, about 7,500 disciplinary files are opened and the state Supreme Court issues around 400 orders for disciplinary sanctions. The grievance process begins when a complaint is filed by a client, a lawyer or a judge. When a complaint is received, a file is opened and assigned to an ACAP attorney. The Florida Bar conducts a preliminary investigation of the allegations, assuming that if they are found to be true, it constitutes a rule violation. That is the point at which most files are closed. However, if questions remain or there is sufficient evidence of a potential rule violation, the file will be referred to the accused’s local grievance committee for consideration. There are grievance committees across the state, at least one in each judicial circuit. Each

File image

The Florida Supreme Court in Tallahassee.

comprises two-thirds lawyers and one-third public nonlawyer members, all volunteers. In the 4th Circuit, there are four grievance committees. A grievance committee acts similarly to a grand jury, reviewing the evidence to decide if there is probable cause that the lawyer is guilty of misconduct justifying disciplinary action. Before making a determination, the committee may conduct further investigation and interview witnesses.

A grievance committee may close a file with a finding of no probable cause, issue a letter of advice, recommend diversion to a practice and professionalism course, or issue a finding of minor misconduct. Where there is a finding of probable cause, The Florida Bar files charges with the state Supreme Court. The court will appoint a circuit or county court judge to serve as a “referee” to hear evidence, recommend sanctions or review

consent judgments. The Florida Bar board of governors and the accused lawyer have an opportunity to appeal after the referee’s report is filed. The court may approve or disapprove any aspect of the referee’s report, making the ultimate and final decision on guilt and discipline. Discipline can range from a public reprimand or admonishment to suspension from the practice of law, all the way to disbarment, based on the level of the misconduct. To promote better understanding of the grievance process, the Jacksonville Bar Association hosted two continuing legal education courses on the topic: “The Grievance Process: Asking Permission; Not Forgiveness,” at the 2019 Professionalism Seminar at The Players and “An Inside Look at The Florida Bar Grievance Committee Process,” a joint program with the D.W. Perkins Bar Association. Recordings of these CLEs are currently free for JBA members at jaxbar.org. The challenges of the COVID-19 pandemic have compounded the typical anxiety and stresses of the practice of law, but your state and local Bar associations are here to support you.

If you are concerned you are not meeting your professional obligations, struggling with emotional or mental wellbeing or grappling with substance abuse, there are resources to help. Florida Lawyers Assistance provides confidential mental health and substance abuse counseling to lawyers, judges and law students. The Florida Bar Young Lawyers Division #StigmaFreeYLD campaign supports lawyers to meet and overcome the challenges of mental illness and substance abuse. The Florida Bar offers a free confidential 24/7 lawyer helpline with crisis intervention and other services at (833) FL1-WELL; an ethics hotline at (800) 235-8619; the Henry Latimer Center for Professionalism, a clearinghouse for professionalism materials; and LegalFuel.com, a toolkit of practice management resources. Mentoring relationships and monthly mentoring roundtable discussions are available to any JBA member interested in participating. Jamie Karpman is a government attorney practicing real estate and housing law. She serves on the JBA board of governors and is vice chair of Grievance Committee D for 4th Judicial Circuit.

Doolittle: Basic protections should be deployed CONTINUED FROM PAGE 10

Times have been uncertain, and everyone has done their best. With the expiration of the work-from-home order, many firms are inviting employees back to the office. As employers, firms have a duty to provide their employees a healthy and safe workplace. With constantly evolving guidance from the Centers for Disease Control and Prevention, Occupational Safety Health Act and the Equal Employment Opportunity Commission, that task seems daunting. While you can devise a complicated structure, all sources agree on the basic protections that should be deployed as businesses come back to pre-COVID-19 operation. These are not unfamiliar concepts, but some thought should be given to adapting them to any given work environment:

Thin the crowd Consider allowing employees to continue working from home. The CDC has made clear the best way to prevent communal spread is through telecommuting and social distancing. If that is not possible, schedule employees to work alternating shifts so that not all employees

are present at the same time. Space workstations at least 6 feet apart and consider partitions for employees who share space.

Screen employees In its guidance, the CDC stated, “employers should measure the employee’s temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility.” Upon arrival, direct employees to report to a designated private location where a screener standing 6 feet away performs a visual inspection and asks the employee to confirm that their temperature is less than 100.4 degrees and that they are not experiencing fever or chills, a cough or sore throat. If possible, use multiple screening entrances so that no lines form upon entry. Screeners do not need to wear personal protective equipment if they are socially distanced. If an employer opts to administer temperature readings on its own, it should consult the CDC’s specific guidance for doing so. The EEOC has affirmed that during a pandemic, it is permissible to screen employees in this manner, provided that all information collected is kept as a confidential medical record that

COVID-19 and the workplace resources • General business frequently asked questions from the CDC: https://tinyurl.com/yahe3bkl • Pandemic preparedness In the workplace and the Americans With Disabilities Act: https://tinyurl.com/ydahfkot • What you should know about COVID-19 and the ADA: https://tinyurl.com/yb7c7qcl

meets federal requirements.

Ask about health If an employee calls in sick, ask the employee if they have COVID-19 symptoms, including fever, cough, chills, sore throat and shortness of breath. As more symptoms emerge, consult the CDC to determine whether it would be appropriate to add to the list. This information also must be kept as a confidential medical record.

Requiring personal protection Employers may require employees to wear PPE during a pandemic. In its May 3 guidance, the CDC stated that unless employees work with the public, it “does not recommend the use of PPE in workplaces where it is not routinely recommended.” Instead, the CDC recommended

that employers use social distancing, telecommuting and alternative schedules, as those strategies are more effective at preventing exposures than PPE, according to the CDC.

Communal and individual spaces Limit the occupancy of the break room, copy room and restrooms to one employee at a time. Provide disinfectant spray and wipes in communal spaces and require employees to sanitize any surface touched before exiting the space. At the end of each day, have employees sanitize their desk, keyboard, mouse, telephone, doorknob and light switch.

Communicate with employees Employers may not legally ask employees who do not have

influenza symptoms to disclose whether they have a medical condition that makes them more vulnerable to influenza complications. If an employee volunteers this information, however, the employer should keep the information confidential and may ask the employee what type of assistance they need. Teleworking is a commonly used reasonable accommodation. Employers should tell employees if they have been exposed to someone who exhibited COVID19-related symptoms or tested positive for COVID-19, but should not disclose the identity of the individual. Employers may disclose the name of an employee that it learns has COVID-19 to a public health agency. I am reminded over these past weeks that now is a time to extend an extra measure of grace to others and ourselves. While we may wish for a swift return to normalcy, that path is daunting and even perilous, for many employees. As employers, we have both a legal and moral obligation to keep that in mind as we move forward. Kirsten Doolittle is managing shareholder of Aequitas Counsel, focusing on Title IX investigations and labor and employment law.

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JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER

THURSDAY, JUNE 4, 2020

JaxDailyRecord.com

Top 10 home sales of week

NASSAU

DUVAL

$1,620,000

$1,225,000

BY SCOTT SAILER • STAFF WRITER

609 Ocean Club Court, Fernandina Beach

123 First St. S., No. 402, Jacksonville Beach

Type: Ocean Club Villas South condominium Condominium size: 3,224 square feet Buyer: Richard T. and Kimberly G. Halil Seller: The Larry J. Duffield Revocable Trust Previous sale: $1,163,800 in 2002

Type: Water’s Edge condominium Condominium size: 4,473 square feet Buyer: Stephanie S. Faubion Seller: Steve A. Shirley Previous sale: $2,341,000 in 2006

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 May 25-31.

ST. JOHNS

$1,450,000

ST. JOHNS

$3,900,000

7551 Founders Way, Ponte Vedra Beach

8977 Lake Kathryn Drive, Ponte Vedra Beach Type: Single-family Lot size: 1.78 acres House size: 4,286 square feet Buyer: Thomas S. Lobrano IV Seller: Michael and Amanda L. Iannella

About the property: Two-story lakefront home in Sawgrass Country Club with four bedrooms, four full baths and two half-baths. Features include a scullery kitchen, white oak floors, fireplaces, balcony, porch, lanai, pool, spa, two-car attached garage and twocar detached garage.

Type: Single-family Lot size: 1.32 acres House size: 4,789 square feet Buyer: Robert N. and Katherine M. Schmidt Seller: David W. and Caroline K. Lewis

ST. JOHNS

$1,127,000 20 Lagoon Course Ave., Ponte Vedra Beach Type: Single-family Lot size: 0.19 acres House size: 3,476 square feet Buyer: Aarian P. Afshari Seller: Brianne M. MillerRowe

ST. JOHNS

DUVAL

ST. JOHNS

DUVAL

$3,400,000

$2,250,000

$1,950,000

$1,100,000

725 Ponte Vedra Blvd., Ponte Vedra Beach

1875 Beach Ave., Atlantic Beach

8051 Whisper Lake Lane W., Ponte Vedra Beach

$1,275,000 461 Osprey Point, Ponte Vedra Beach

1031 First St. S., No. 807 Jacksonville Beach

Type: Single-family Lot size: 0.54 acres House size: 2,404 square feet Buyer: Richard D. and Jennifer S. Siegel Seller: Ponte Vedra House LLC

Type: Single-family Lot size: 0.32 acres House size: 3,300 square feet Buyer: Shereef and Rebecca L. Giris Seller: Eric Nottmeier and Tracy Synan Previous sale: $1,700,000 in 2005

Type: Single-family Lot size: 1.29 acres House size: 5,405 square feet Buyer: Tamara L. Horne and Christopher L. McAndrews Seller: Leo and Linda Suggs Previous sale: $1,225,000 in 2005

Type: Single-family Lot size: 0.63 acres House size: 3,946 square feet Buyer: Michael and Amanda L. Iannella Seller: John P. Ryan and the Grace R. Cavanagh Living Trust

Type: Costa Verano condominium Condominium size: 2,058 square feet Buyer: Andrew J. and Melinda W. Fawbush Seller: Nitesh Paryani Previous sale: $925,000 in 2008

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