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July 5-10, 2019
Copper Closet owners bringing new concept to Town Center PAGE 3
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Record & Observer Downtown CenterState Bank is relocating
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It will consolidate at the FirstAtlantic offices in San Marco.
JACKSONVILLE
BY KAREN BRUNE MATHIS EDITOR
CenterState Bank is relocating from the Downtown core to offices in the San Marco area. Spokeswoman Lori Ingram said customers were notified of the move. By Sept. 20, CenterState will move to the FirstAtlantic Bank offices at 1325 Hendricks Ave. that will be converted, she said. “The decision was made to consolidate that branch into the San Marco branch,” said Ingram, senior vice president and director of marketing. FirstAtlantic was owned by National Commerce Corp., which became part of CenterState Bank Corp. in a merger completed April 1. FirstAtlantic Financial Holdings Inc. merged into National
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SEE BANK, PAGE 6
Photo by Max Marbut
Elizabeth Wallace and her rescued American pit bull terrier, Mr. Vito, volunteer at the Duval County Courthouse to help take peoples’ minds off why they are in the building.
Therapy dog teams operated by 13 volunteers helps ease the stress for children and others at the Duval County Courthouse.
BY MAX MARBUT ASSOCIATE EDITOR
I
f you’re visiting the Duval County Courthouse and see a dog in a hallway – or even in a courtroom – understand that the dog and the volunteer at the other end of the leash are there to help you feel less anxious about being in the building. Thirteen volunteer handlers and their dogs are on Jacksonville’s courthouse therapy dogs team. The dogs are evaluated for the required calm and gentle disposition and are trained along with their handlers, who undergo an application process including a background check. The dogs
Innovate Jax looking to spark ideas with podcasts PAGE 5 The Basch Report: Ameris merger value rises with stock PAGE 8 Sailer Report: Proposed community features grass roads PAGE 10
must be cleared by a veterinarian for health and up-to-date vaccinations. When all the qualifications are met, the handler and dog are registered with the Alliance of Therapy Dogs, a national nonprofit, all-volunteer organization that certifies therapy and facility dogs for courts, hospitals, nursing homes, airports and other public venues. Unlike service dogs that are trained to assist an individual who has a specific disability or need, therapy dogs are selected and trained to provide comfort to anyone in distress, often in a group setting such as at the courthouse. SEE DOGS, PAGE 6
Photo by Karen Brune Mathis
CenterState Bank will leave 100 N. Laura St. by September for a branch building in San Marco.
THE MENDENHALL REPORT
Vestcor not giving up on project despite veto Cathedral District interest on rise. PAGE 4 VOLUME 2, NO. 5 • ONE SECTION
WHAT’S TRENDING
Page 2 • Friday, July 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
Big news doesn’t break just on Thursday. Here’s a look at some of the top stories published over the past week online at JaxDailyRecord.com and in the Jacksonville Daily Record that you may have missed.
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The rear campus of the South Jacksonville Presbyterian Church at Alford Place and Thacker Avenue in San Marco.
DEVELOPMENT
San Marco church seeks offers Leaders of South Jacksonville Presbyterian Church are evaluating the highest and best use of the almost full block it owns in the historic San Marco area. “We are taking inquiries about repurposing our facility,” said Jeff King, chair of the trustees of the 106-yearold church. The church campus sits on about 2.4 acres at 2137 Hendricks Ave. The building housing Matthew’s restaurant
is separately owned and not involved. King said the campus was built for a membership of 1,500 to 2,000 and the congregation now is less than 250, reflecting a decline in church congregations nationwide. That puts a strain on the revenue stream to continue the upkeep. King said there is no debt on the property. “If you look at churches as a whole, they are closing or repurposing,” he said. “We are not unique.”
Sprouts to open its first Jacksonville store 20% off their initial total purchase. Muffin and coffee samples will be served to everyone in line before the doors open. All customers on July 10 will receive one free reusable bag with a purchase. The store will be open 7 a.m. to 10 p.m. daily.
TRANSPORTATION JetBlue ending nonstop service to Washington JetBlue is ending its twice-daily nonstop service between Jacksonville International Airport and Ronald Reagan Washington National Airport. The final day of service is Oct. 26.
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GROCERIES Sprouts Farmers Market will open its first Jacksonville store at 7 a.m. Wednesday. The Phoenix-based natural and organic food grocery chain is leasing space at 4873 Town Center Parkway in The Markets at Town Center. The first 200 shoppers will receive
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The airline said customers currently booked will be given the option to rebook a JetBlue flight with a connection or receive a full refund.
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JaxDailyRecord To find more business events or to submit your event to the the business calendar, visit jaxdailyrecord.com/calendar. JULY 11 Annual Beaches military appreciation: The JAX Chamber Beaches Division scheduled its annual Beaches Military Appreciation Luncheon, sponsored by Trulieve, from noon to 1:30 p.m. July 11 at Sawgrass Beach Club. Five service members will be honored from the Florida Air National Guard, U.S. Army, Coast Guard, Marine Corps and Navy. Donations will be collected for the Greater Jacksonville USO Mayport Center. The event is at 9795 Summer Place in Ponte Vedra Beach. Registration requested. Cost: $25 in advance online registration through July 9; $30 at the door. For information and reservations, visit myjaxchamber.com or email beaches@ myjaxchamber.com.
OCT. 22 David Sanger at World Affairs Council: David Sanger, a three-time Pulitizer Prize winner and national security correspondent for The New York Times, is scheduled to talk about “The Threats to Sanger National Security in a 5G Era” on Oct. 22 to the World Affairs Council Jacksonville. The 7-8:30 p.m. Global Issues Evening is at the Adam W. Herbert University Center at the University of North Florida. For information, visit worldaffairscounciljax.org.
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Friday, July 5, 2019 • Page 3
New concept Mod+Mkt coming to Town Center Sur La Table to Town Center: The city issued a permit Monday for Retail Construction Services Inc. to improve 5,049 square feet of space in the former Williams-Sonoma store in St. Johns Town Center for Sur La Table at a cost of $717,165. The address is 4712 River City Drive, No. 109. Warby Parker, a fashion eyeglass retailer, is leasing the rest of the Williams-Sonoma space. KAREN BRUNE MATHIS EDITOR
RaceTrac in Atlantic North: The city is reviewing a permit application for Venture Construction Co. to build a RaceTrac Petroleum Co. gas station and convenience store on 1.97 acres at 11585 Atlantic Blvd. in the Atlantic North shopping center. Construction includes a canopy and dumpster. The city approved site clearing June 9 by Target Contractors Inc.
Store from the owners of The Copper Closet will offer “affordable home décor, furniture and gifts.” Artsy Abode’s former space at St. Johns Town Center isn’t remaining vacant. The owners of The Copper Closet women’s trendy clothing store will open Mod + Mkt, “home décor new + found,” in late July in the 2,500-squarefoot space at 4764 River City Drive, No. 107. Owner and CEO Danielle Davis said the store will sell “affordable home décor, furniture and gifts.” “Many of the décor stores in Town Center are very expensive and we want to bring something more affordable to everyone,” Davis said. Mod + Mkt will carry accent chairs, bedroom furniture, tables, shelf décor, faux plants and more. In addition to current items, it will mix in vintage, “found” and eclectic décor, says its
Circle K in East Arlington: The city is reviewing a permit application for demolition of the Circle K store at 12745 Atlantic Blvd. Circle K Stores Inc. intends to build a 5,314-square-foot gas station and convenience store along with a car wash on the 2.51-acre site at Atlantic Boulevard and Girvin Road. The project cost is listed at $5.55 million. Flooring America to Mandarin: The city is reviewing a permit for Grandeur Homes to build an almost 9,000-squarefoot Flooring America store on 2.07 acres at 12041 San Jose Blvd. in Mandarin. Special to the Daily Record
Danielle Davis, 24, opened The Copper Closet in 2016 in Riverside. She and her husband, Ryan Viti, now own stores throughout the Southeast and are opening a Mod + Mkt affordable home decor store in St. Johns Town Center.
website, modmkthome.com. A found item could be a hand-carved bowl from another country, a reclaimed window from a historic building or a chair from an estate sale, for example. Davis and her husband, Ryan Viti, own The Copper Closet, where all the goods are less than $45. Three Copper
Special to the Daily Record
All items at The Copper Closet boutique cost less than $45.
Closets operate in Jacksonville with 10 total in the Southeast and three more are scheduled to open in February. The Copper Closet has a store at 4712 River City Drive, No. 117, at St. Johns Town Center. “We wanted to try a similar concept, but in decor, since we’ve had so much success on the clothing side,” Davis said. If the store is successful, they will consider adding more. Davis, 24, said she grew up in Ocala with a single mother who was disabled. “We couldn’t afford to shop at the mall or in boutiques. I was 18 when I stepped foot in the first boutique I had ever seen and I loved the shopping experience,” she said. She realized the clothing could be expensive and saw the same reaction among customers at a boutique where she worked in Gainesville as she attended Sante Fe College for graphic design. “All of the girls would come in, try on stuff, fall in love with it, but couldn’t afford it so they left to find something similar somewhere else,” she said. Davis saw how to improve the experience and maxed out
Goodwill to Oakleaf: The city approved a permit for Target Contractors Inc. to build a 16,447-square-foot Goodwill Industries of North Florida store on 1.15 acres at 8460 Merchants Way in Oakleaf Station. Mayport Commons in Mayport: The city is reviewing plans for Mayport Commons on 11.73 acres at 2009 Andreu Road. The almost 16,000-square-foot building comprises 5,000 square feet of retail space and almost 11,000 square feet of warehouse space at Mayport, Dutton Island and Andreu roads. Michele Agee is the civil engineer.
her credit cards to open a store at the age of 21. She considered opening in Gainesville but sought a less seasonal area than that of a college town. She visited Jacksonville and chose it over Orlando. “The Riverside area really spoke to who I am and I love the historic/artsy sense of community,” she said. Davis opened her first store in Riverside in September 2016 and then met her husband, who joined the company as they opened the second location in The Avenues mall. She said the Simon mall company, which has ownership in both The Avenues and St. Johns Town Center, approached the couple after the Riverside location opened. “We started with Avenues and opened our Town Center location in the old Apple store about two years ago,” Davis said. “It’s currently our highest volume location,” she said.
Davis said the affordability is “a huge draw,” and that the University of North Florida is within a few miles. “It’s been almost three years since our first location opened and here we are – 11 stores and counting,” she said. In addition to the Jacksonville locations, The Copper Closet has stores in malls in Gainesville, Tallahassee, Orlando, Ocala and Destin as well as storefronts in Savannah, Georgia, and Charleston, South Carolina. They intend to start franchising next year. Artsy Abode, an original tenant, closed its St. Johns Town Center boutique gift shop after 14 years. Apple, another original tenant, moved into a larger store at the shopping center in 2017. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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THE MATHIS REPORT
RETAIL NOTES
Page 4 • Friday, July 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE MENDENDHALL REPORT
Housing projects build momentum in Downtown Cathedral District
MIKE MENDENHALL STAFF WRITER
Vestcor Companies will seek city incentives after governor vetoes $8 million for the Lofts at Cathedral housing development. After losing $8 million in state funding, Vestcor Companies President Ryan Hoover says the company is pursuing other city and state incentives to ensure its Lofts at Cathedral affordable housing development stays afloat. Florida Gov. Ron DeSantis vetoed legislation June 21 that allocated the money. Allowing it to proceed, according to an annual report from the nonprofit research institute Florida TaxWatch, would have bypassed the Florida Housing Finance Corp.’s process for
awarding affordable housing projects. Hoover is looking to the city for assistance. He said June 27 that Vestcor will approach the city to pursue Recapture Enhanced Value grants and he hopes to secure state lowincome housing tax credits to help finance the 140-unit project in the Downtown Cathedral District. DeSantis said in a statement that allowing a Florida House member — in this case State Rep. Jason Fischer, R-JacksonHoover ville — to earmark a project that allocates from the trust fund sets a bad precedent. Florida TaxWatch labeled the earmark a fiscal 2019-20 “budget turkey.” Jacksonville-based Vestcor has been developing affordable and workforce housing “Lofts”-brand apartments in Downtown Jacksonville since 2015. Hoover said the company is on track to buy the property in the fall. Vestcor plans to buy the 1.52acre site of the former Community Connections at 325 E. Duval St. from the nonprofit
File image
An artist’s rendering of the shipping container project planned at 412 E. Ashley St. in the Cathedral District
Joel Settembrini, Jr.
File image
Vestor Companies plans to buy the 1.52-acre site of the former Community Connections building at 325 E. Duval St. to construct affordable and workforce housing.
Cathedral District-Jax Inc. to build the apartments. The nonprofit’s president and CEO, Ginny Myrick, argued in a June 22 news statement that the $8 million earmark was unfairly characterized. “It would have assisted the continued good work of building affordable housing Downtown,” she said. “The direct city allocation was for all of downtown and would have been bid competitively. Cathedral District-Jax is confident the sale of our Community Connections property will proceed as planned.” As Vestcor continues to seek financing, two more projects with a combined 71 rental housing units by other Jacksonville developers have been announced since May. Developer Alex Sifakis and his company, JWB Real Estate Capital LLC, has been competing for projects in the Downtown housing market, proposing a mixed-use, 98-townhome and retail development in LaVilla competing with Vestcor’s proposal for 71 townhomes on the same property. In the Cathedral District, Sifakis received development rights for 412 E. Ashley St. from the Downtown Investment Authority in June to create an 18-unit apartment project with shipping containers. Retrofitting shipping containers for housing is a first for Jacksonville. The process of building the units off-site then transporting them to the property for stacking, Sifakis said,
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is a first in the United States. The shipping containers are scheduled for final design approval when the Downtown Development Review Board meets in August. A third housing development proposed in the Cathedral District, and which recently received conceptual approval from DDRB, is a $5.6 million multifamily housing project proposed by developer Rafael Caldera with Arkest LLC. The 45-unit apartment complex would offer ground-floor art studios and a four-story art gallery. For Caldera, the Cathedral District is an area with no definitive design pattern, allowing developers architectural creativity. “Since the location doesn’t have the pedestrian traffic needed, we are trying to create a destination using the education and art exposition factor,” Caldera said. “The lack of context (in the Cathedral District) helps us to create a unique architecture. This will be the first of the three buildings that we have in our vision for Downtown.”
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Before retiring in June, former city Chief Administrative Officer Sam Mousa affirmed the city’s position in an emailed statement. “The time frame is dependent on whether or not asbestos exists and the quantity to be removed,” he wrote. “Whoever wins the bid for The Landing demolition will be responsible for testing and removing asbestos via an independent certified asbestos abatement contractor.” Plant City-based contractor D.H. Griffin Wrecking Co. Inc. has since been awarded a $1.074 million contract to tear down the riverfront shopping mall. Landing demolition project engineer Nikita Reed announced in a prebid meeting May 23 that the city was asking the bid winner to perform the asbestos inspection, to the surprise of many of the contractors in the room. Dee Ann Miller, the press officer for Florida’s Department of Environmental Protection, said in an email May 23 that the city’s order is contrary to federal rules. “EPA’s National Emission Standards for Asbestos, 40 CFR 61.145(b), is a federal rule that requires the owner or operator of a demolition or renovation activity to thoroughly inspect the facility for the presence of asbestos,” she wrote. MMENDENHALL@ JAXDAILYRECORD.COM @MIMENDENHALL (904) 356-2466
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Friday, July 5, 2019 • Page 5
Innovate Jax seeks to spark ideas, inform “Let’s have fun with this,” says founder and Forcura CEO Craig Mandeville.
One Spark creators say they want to ‘keep momentum going’
BY KAREN BRUNE MATHIS EDITOR
Technology entrepreneur Craig Mandeville launched Innovate Jax with the creation of a podcast to share what he wants the world to know. “Smart, innovative things are happening here,” he told the estimated 150 like-minded creators of ideas, technology and businesses in Northeast Florida at a launch event June 27. The f i rs t Mandeville t h re e p o d casts, available at forcura.com/innovatejax, are with Mandeville; Brian Kornfeld, co-founder, president and CEO of Synapse, a Tampa-based nonprofit founded to accelerate innovation; and lawyer Gwen Griggs, chief executive of ADVOS Legal PLLC in Ponte Vedra Beach. Mandeville invites questions or podcast nominations be sent to innovatejax@forcura.com. In 2012, Mandeville created Forcura LLC, a tech company that developed a platform to connect medical professionals with caregivers so that accurate information is shared about patients. He is the founder and CEO. He and Chief Strategy Officer Annie Erstling created the Innovate Jax forum to bring together the area’s tech ventures and com-
Photo by Karen Brune Mathis
About 150 people attented the first InnovateJax meeting at Forcura’s headquarters on the Southside.
panies to create a shared culture for the area’s wide dispersion of creators. “Let’s have fun with this,” he said. Mandeville said podcasts are the foundation of the effort. “We think about connecting the dots. Everyone in this room is a dot,” Mandeville told the invited guests at Forcura’s Southside headquarters in Deerwood North. Mandeville and Erstling consider Jacksonville as comprising “almost five cities in one,” he said. The differing cultures within the large geography include the Beaches, Avondale and Downtown, for example. Each has its own innovators, ideas and personality. The podcast, Mandeville said
in an email to attendees, “is our grassroots way of contributing to the elevation of Jacksonville as a leading southeastern city of innovation.” Its intent is “to spark ideas, inform, and create connections. Together we can continue the momentum and propel Jacksonville into the limelight by consistently bringing together changemakers,” he said. In addition to the podcasts, Mandeville envisions networking events and possibly panels of speakers. “If you are interested in moving Jacksonville forward from an innovation standpoint and want to participate in putting Jacksonville on the map as an innovation
Jacksonville developer Peter Rummell and public relations and marketing executive Michael Munz said Craig Mandeville’s Innovate Jax efforts are “cool.” “The fact there are countless things popping up is fantastic to me,” said Rummell, who intends to break ground on The District project on the Southbank. Munz expects “very soon” to have a date for that. The District is a residential, hotel, office and retail project on the Southbank riverfront designed to encourage and accommodate healthy lifestyles. Rummell, 73, has been planning it for years and Munz is a partner in the project. They also are behind One Spark, which began as an annual event Downtown to showcase inventors. It didn’t make the money needed to sustain it after a few years of dwindling in size. Rummell said he wrote checks to keep it afloat and decided that wasn’t the way it should work. One Spark started in 2013 as a five-day “crowdfunding”
hub in the Southeast, then come on,” he invites participants. Mandeville said Forcura elevated its membership in JAX Chamber, whose councils include one focused on IT. “We’re talking with them about how we can work
festival with up to 600 creators and inventors occupying tents and tables over 20 blocks Downtown. By 2016, it was a one-day event. As reported, One Spark planned to become self-sustaining but from 2013 to 2015, Rummell covered more than half the event’s $6 million tab. He announced in 2016 that he would no longer do so. No One Spark was scheduled in 2017 and last year’s event was a Friday-Saturday “Idea Fest” at the Daily’s Place amphitheater that charged admission. Rummell and Munz said they are evaluating what happens next with One Spark, which Rummell called a brand. They don’t envision a street event, but Munz wants to “keep the momentum going.” Both made a connection with Innovate Jax and Mandeville. One Spark, Munz said, “started to make Jacksonville realize there are people like him here.” “We dreamed of this day,” he said.
together to move this forward,” he said. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
Dogs CONTINUED FROM PAGE 1
Duval County’s courthouse therapy dog program was established in 2012 by Circuit Judge Elizabeth Senterfitt. At the time, volunteers with the 4th Circuit Guardian ad Litem program were using therapy dogs to comfort children who were abused, abandoned or neglected and making their way through the family court system. “I contacted Guardian ad Litem and asked if they’d be interested in volunteering at the courthouse,” Senterfitt said. The program was an immediate hit with judges, the State Attorney’s Office and the Public Senterfitt Defender, she said. Dogs were requested to help comfort children who were victims of abuse or crime, or who had to testify in court or at a deposition. “It’s positive in so many ways. Dogs make people feel better and a dog is not judgmental,” Senterfitt said. The state Legislature weighed in on the subject in 2017, unanimously passing a law that permits dogs to accompany children, victims and people with intellectual disabilities when they are called to testify in cases involving abandonment, abuse and neglect. When Senterfitt retired from the bench in January, Circuit Judge Mark Borello and his judicial assistant, Lisa Gardner, took over supervision of the program. “I love dogs and Lisa loves dogs. It’s a great program,” Borello said. Volunteer handler Elizabeth Wallace visits the courthouse regularly with her therapy dog, “Mr. Vito.” He’s an American pit bull ter-
Photos by Max Marbut
From left, Carole Scanlon and Chloe, Elizabeth Wallace and Mr. Vito, Sylvia Osewalt and Missy, Circuit Judge Mark Borello and Rebecca Burchell and Purdy. The volunteer handlers and their canine partners help relieve stress that may be experienced by people who visit the Duval County Courthouse.
rier that Wallace rescued from a shelter six years ago. “We get looks because he’s a pit bull, but he can turn people around,” Wallace said. She advises people who see Mr. Vito and indicate they’d like to pet him, “I’ve got to warn you – you’re going to get licked.” “People thank me for bringing him. This can be a stressful place and he takes their mind off the stress,” Wallace said. On its website, Tallahasseebased Florida Courthouse Therapy Dogs LLC cites a study published in 1982 by the American
Veterinary Medical Association that recognized the humananimal bond and confirmed that petting an animal significantly reduces stress and anxiety. Borello sees the evidence in his courtroom when a therapy dog is present. “The courthouse can be a stressful place. These dogs are so gentle and well trained. You can tell it really lowers the tension,” he said. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
Mr. Vito, an American pit bull terrier, looks for someone to lick while bringing comfort to those in need at the Duval County Courthouse.
Bank CONTINUED FROM PAGE 1
Photo by Monty Zickuhr
CenterState Bank will move from Downtown to the offices of FirstAtlantic Bank at 1325 Hendricks Ave. in San Marco.
Commerce on Jan. 1, 2018. Its offices continued to operate under the FirstAtlantic Bank trade name. CenterState Bank has occupied space at the 10-story 100 N. Laura St. building since early 2017. It leased about 9,000 square feet, comprising 5,000 square feet on the top floor and a 4,000-square-foot lobby branch. It will move into more space in
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San Marco. The two-story, more than 18,000-square-foot Hendricks Avenue building was developed in 2000 for the unrelated CenterBank of Jacksonville. FirstAtlantic bought CenterBank in 2011. And here’s more banking history. At 100 N. Laura St., CenterState Bank took over space vacated by Ameris Bank, which moved to Riverplace Tower on the Southbank. Ameris had taken over the Northbank space from The Jacksonville Bank when they merged
in 2016. Prime Realty Services Senior Vice President Matthew Clark said he is working on a sublease for the space. CenterState had a 10-year lease. “CenterState has been working with ownership and is looking to find a suitable replacement,” he said. He also said it is “another opportunity to hopefully elevate retail in the urban core.” KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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Friday, July 5, 2019 • Page 7
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.
File image
Baymeadows Apartments at 9801 Old Baymeadows Road sold for almost $13,29 million, 239% more than its previous sale of almost $3.92 million in 2012.
The sales were recorded June 24-28.
$13,285,000
$6,056,400
$4,975,000
$1,450,000
$1,325,000
9801 Old Baymeadows Road, Jacksonville, Duval County
5928 Firestone Road, Jacksonville, Duval County
4315 Pablo Oaks Court, Jacksonville, Duval County
3275 U.S. 1 S., St. Augustine, St. Johns County
1001 University Blvd., Jacksonville, Duval County
Type: Baymeadows Apartments Size: 10.13 acres Buyer: TRC Baymeadows LLC Seller: 9801 Old Baymeadows LLC Previous sale: $3,915,000 in 2012
Type: Colonial Forest Apartments Size: 10.31 acres Buyer: Colonial Forest Owner LLC Seller: ROCO-Colonial Forest LLC Previous sale: $7,880,000 in 2016
Type: Office Size: 2.34 acres Buyer: Mayo Clinic Jacksonville Seller: Pablo Oaks LLC Previous sale: $2,900,000 in 2012
Type: Office Size: 1,12 acres Buyer: The Cary J. Cowan Sr. Revocable Living Trust Seller: CenterState Bank N.A. Previous sale: $1,250,000 in 2013
Type: McDonald’s Size: 0.89 acres Buyer: Jackdonalds LLC and Marci Shapiro II LLC Seller: MDC Jax 1 LLC Previous sale: $1,077,000 in 2018
$1,250,000
$1,250,000
$525,000
$520,000
$500,000
10339 San Jose Blvd., Jacksonville, Duval County
Fullerton Street, Jacksonville, Duval County
3364 County Road 220, Middleburg, Clay County
127 Monument Road, Jacksonville, Duval County
Dunn Avenue, Jacksonville, Duval County
Type: Harvest House of Cannabis Size: 0.88 acres Buyer: Harvest DCP of Florida LLC Seller: Fare San Jose LLC
Type: Undeveloped commercial Size: 8.88 acres Buyer: Gran Park Properties LLC Seller: FDG Avenues LLC
Type: Office Size: 0.46 Buyer: DMKS Holdings LLC Seller: BAHK Inc.
Type: Commercial Size: 0.71 acres Buyer: Renna Safar LLC Seller: 127 Monument LLC
Type: Undeveloped commercial Size: Not available Buyer: Dunn BK Development LLC Seller: Dunn SDC LLC
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Page 8 • Friday, July 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE BASCH REPORT
Ameris merger value rises with stock
MARK BASCH CONTRIBUTING WRITER
Fidelity Southern President H. Palmer Proctor named chief executive officer. Ameris Bancorp’s stock outperformed the strong gains in the S&P 500 index in the first half of this year, which turned out to be good news for shareholders of Fidelity Southern Corp. When Ameris announced the all stock deal to buy Fidelity Southern in December, the buyout was valued at $750.7 million. However, after Ameris’ stock jumped 24% in the first half of this year, the value of the merger was $870.2 million when it closed on Monday. The merger creates a bank with 176 branches in Florida, Georgia, Alabama and South Carolina and about $16.4 billion in assets and $13.8 billion in deposits. As it announced completion of the merger Monday, Ameris also announced a change in
Special to the Daily Record
H. Palmer Proctor, the chief executive officer of Ameris Bancorp.
The logo for Fidelity Bank now says it is a division of Ameris Bank.
leadership. Fidelity Southern President H. Palmer Proctor was named chief executive officer of the merged company, after the
resignation of Ameris CEO Dennis Zember. When the agreement was reached in December, Ameris said Zember would remain
CEO and Proctor would be president. Ameris said Monday Zember resigned “to attend to family and personal matters.” “This news obviously comes as a surprise given Zember’s tenure at the Company (2005), his relatively recent appointZember ment to CEO (2018), and his younger age at just 50,” Stephens analyst Tyler Stafford said in a research note. Proctor is 51. “We hate to see Mr. Zember go, but believe Mr. Proctor is a great fit,” Keefe, Bruyette & Woods analyst Brady Gailey said in a research note. “We recently traveled with both Mr. Zember and Mr. Proctor,” he said. “Mr. Zember and Mr. Palmer, in our opinion, are very similar in how they think, invest and manage their banks.” Ameris officially is headquartered in Moultrie, Georgia, but its executive offices are in Jacksonville. With the merger, the headquarters of the company’s Ameris Bank subsidiary is moving to Fidelity Southern’s former headquarters in Atlanta. “We like this acquisition as Fidelity Southern is a great core funding base and increases Ameris’ Atlanta footprint at a great time with much dislocation in that market due to
Truist as well as several recent community bank mergers,” Gailey said. Truist will be the new name for the combined SunTrust Banks Inc. and BB&T Corp. once they complete their planned merger. “We maintain our Overweight rating (on Ameris) and remain excited about the outlook for the combined companies,” Stafford said.
Stein Mart expects stock pickup The S&P 500 jumped 17.3% in the first six months of the year, its best first-half performance since 1997, and several Jacksonville-based companies beat that. However, a handful of local companies registered losses, including Stein Mart Inc., which has been trading below $1 for about six weeks. If the price remains below $1, the stock could be delisted by Nasdaq. But at Stein Mart’s annual shareholders meeting last week, company executives said they aren’t worried. The fashion retailer is launching a number of initiatives to lift sales, which officials hope will improve results in the second half of the year. The initiatives include new departments for kids and fine jewelry and technology to improve the shopping experience for customers. As sales improve, the stock price should rise, said James Brown, who joined Stein Mart
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Friday, July 5, 2019 • Page 9
“I wouldn’t say that we are actively putting the company up for sale. We’ll listen to anybody that will talk to us if they had an interest, but we’re not actively out there soliciting.”
to “buy.” The biggest loser in the first half of the year was Rayonier Advanced Materials Inc., which dropped by 39%. Rayonier’s stock dropped sharply in May after the company announced an unexpected loss for the first quarter this year.
Advanced Disposal shareholders approve buyout
HUNT HAWKINS, STEIN MART CEO
as chief financial officer in December. “The No. 1 focus of this management team is the operating improvement of the company,” Brown said at the meeting at Stein Mart’s headquarters at 1200 Riverplace Blvd. on Jacksonville’s Southbank. “We’re not about to be delisted,” he said. Stein Mart in early 2018 said it was exploring possible strategic alternatives as the company struggled to increase sales in a difficult retail environment. One shareholder asked if a sale of the company is a possibility. “I wouldn’t say that we are actively putting the company up for sale,” CEO Hunt Hawkins said. “We’ll listen to anybody that will talk to us if they had an interest, but we’re not actively out there soliciting,” he said. Hawkins is confident about the company’s prospects on its own. “Stein Mart’s evolution is well underway,” he said.
Photo by Karen Brune Mathis
Stein Mart Inc. CFO James Brown, President MaryAnne Morin and CEO Hunt Hawkins.
“We believe the (sales) initiatives are a good start to begin that process.”
Most Jacksonville stocks register gains Fifteen of 19 publicly traded companies headquartered in the Jacksonville area registered gains in the first half of this year, and nine of those beat the big gains in the S&P 500. Among stocks trading above
$1, the best gains came from Black Knight Inc. and Advanced Disposal Services Inc., which both rose by 33%. Advanced Disposal’s stock rose after the Ponte Vedra-based company agreed in April to a buyout by Waste Management Inc. Black Knight’s stock has been steadily rising all year and it reached a record high last month after a Goldman Sachs analyst upgraded his rating on the stock
Advanced Disposal shareholders are happy with its buyout agreement. The company said 85.9% of shares were voted to approve the buyout at a special meeting of stockholders last week. However, the deal is not expected to close until the first quarter of 2020. The merger process is expected to take a while because of regulatory scrutiny of the deal. Waste Management is the largest U.S. solid waste disposal company with a market share of 28%, while Advanced Disposal is fourth with about 3% of the market, Deutsche Bank analyst Debbie Jones said in a recent research report. Waste Management may have to divest some operations in markets where it overlaps with Advanced Disposal to gain antitrust approval for the merger.
More Deutsche Bank cuts expected Deutsche Bank is expected to announce another large round of job cuts in the coming days that could impact more than a quarter of its global workforce. The Wall Street Journal first reported last Friday that the German-based bank, which
employs about 2,000 in Jacksonville, is considering cuts of 15,000 to 20,000 jobs. Deutsche Bank reported a total of 91,463 employees worldwide at the end of the first quarter. Reuters news services said the bank’s supervisory board will make decisions on additional cuts at a meeting this weekend. The company already cut about 6,000 workers from the first quarter of 2018 through the first quarter of 2019, after Christian Sewing was installed as CEO in April 2018. At Deutsche Bank’s annual meeting in May, Sewing said the company planned unspecified cuts in its anti-financial crime division, which is a key part of its Jacksonville office.
Genesee & Wyoming agrees to buyout An investment group Monday agreed to buy short line railroad operator Genesee & Wyoming Inc. for $8.4 billion, including the assumption of debt. Connecticut-based G&W owns 120 short line railroads mainly in North America. Its operations include 45 rail lines it added in 2012 by acquiring Jacksonville-based RailAmerica Inc. The group led by Brookfield Infrastructure Partners and investment firm GIC is paying $112 a share to buy G&W, which it said was 39.5% higher than the stock’s $80.28 price in March when speculation began about a buyout. The stock had closed at $100 Friday before the deal was announced. MBASCH@ JAXDAILYRECORD.COM
TM
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THE SAILER REPORT
Proposed community plans main road of grass
SCOTT SAILER STAFF WRITER
Serenesee at Moses Creek in St. Johns would be for residents age 55 and older. St. Johns County is reviewing a proposed age-restricted community, Serenesee at Moses Creek, along U.S. 1 South. Green Community Development LLC of Atlanta plans a 39-lot subdivision using sustainable building elements and methods at 6521 U.S. 1 S., northwest of County Road 206. The development would comprise 19 acres, preserving 5.31 acres of wetlands with 0.2 acre of wetland impacts for access to uplands. The community is proposed for residents age 55 and older. Serenesee will be gated and provide 3 acres of recreation open space, including a dog park. The conceptual layout depicts the majority of the lots to the west inside an unpaved, but stabilized, grass one-way
Photos special to Daily Record
Green Community Development of Atlanta plans to build a subdivision that features a grass one-way loop road with a community common area in the middle.
loop road with a community common area in the center. Garage access will be from the rear of those homes. The applicant seeks to deviate from county development requirements by using a 10-foot-wide unpaved roadway, using the grassed roadway and masonry walls instead of perimeter buffers in those locations. The site design will use retaining walls to reduce the area needed for stormwater retention along with reduced paving. Added buffers will be provided along U.S. 1. Developer representative Thomas Hammond said common and landscaped areas
will be maintenance-free to homeowners. The developer is considering including maintenance for building exteriors. House sizes will range from 2,000 to 3,000 square feet and will be priced from the mid$300,000s. Homes will be built using sustainable design principles and recyclable products with a lifetime warranty for being fireproof, termiteproof, moldproof, nondecaying and carbon-reducing. Roofs will have a collection system to use rainwater for irrigation, Hammond said. The applicant considers Serenesee a pioneering development in St. Johns County
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Friday, July 5, 2019 • Page 11
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 June 24-28.
$1,330,000
333 Second St., Atlantic Beach, Duval County
3318 S. First St., Jacksonville Beach, Duval County
Type: Single-family Lot size: 0.16 acres House size: 4,037 square feet Buyer: Douglas E. and Kimberly Gesner Seller: Rosa Rademakers and Christophe Verbeeck Previous sale: $1,140,000 in 2016
Type: Single-family Lot size: 0.12 acres House size: 2,669 square feet Buyer: Hope M. Selevan and Blaine T. Prober Seller: Adrian H. and Jennifer M. Faulkner
$1,500,000
$1,175,000
635 Ponte Vedra Blvd., No. 635B, Ponte Vedra Beach, St. Johns County
$4,350,000 337 Ponte Vedra Blvd., Ponte Vedra Beach, St. Johns County Type: Single-family Lot size: 0.34 acres House size: 2,763 square feet Buyer: Blake and Stephanie Wilson Seller: S Florida LLC Previous sale: $1,100,000 in 1993
About the property: Oceanfront fivebedroom, four-bath, single-story cottage built in 1935. Features tongue-and-groove wood walls, beamed ceilings, tile and wood flooring and a private dune walkover.
$1,975,000
$1,850,000
$1,700,000
1820 Ocean Front, Neptune Beach, Duval County
9301 Preston Trail E., Ponte Vedra Beach, St. Johns County
740 Spinnakers Reach Drive, No. 740, Ponte Vedra Beach, St. Johns County
Type: Single-family Lot size: 0.18 acres House size: 3,501 square feet Buyer: Thurman R. Justice individually and as Trustee of the Thurman R. Justice Living Trust Seller: Steven A. and Deborah O. Leitman
Type: Single-family Lot size: 0.71 acres House size: 5,510 square feet Buyer: The CAZ Florida Cottage Trust Seller: Gary and Lori Burgess
Type: Spinnakers Reach 1 Condominium Condominium size: 2,504 square feet Buyer: Frank and Lisa Kolisek Seller: David M. and Kim M. Robbins Previous sale: $1,510,000 in 2007
Type: Ponte Vedra Breakers III Condominium Condominium size: 2,206 square feet Buyer: Robert W. Fowler Family Trust Seller: Thomas F. Chapman Previous sale: $365,000 in 1992
917 N. First St., No. 504, Jacksonville Beach, Duval County Type: Acquilus Condominium Condominium size: 2,308 square feet Buyer: James R. and Jeanette K. Phelan Seller: Robert W. and Sherry Nicols Previous sale: $680,000 in 2011
$1,450,000
$1,101,750
8021 Pebble Creek Lane E., Ponte Vedra Beach, St. Johns County
1031 S. First St., No. 1405, Jacksonville Beach, Duval County
Type: Single-family Lot size: 1 acre House size: 4,683 square feet Buyer: Kenneth J. and Kathleen W. Caffrey Seller: Spencer P. and Christine H. Mack Previous sale: $490,000 in 1993
Type: Costa Verano Condominium House size: 2,435 square feet Buyer: E. Chester and Lynda F. Stokes Seller: Myeong S. Yoon Previous sale: $1,180,000 in 2006
RESIDENTIAL REAL ESTATE
Top 10 home sales of week
$1,530,000
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DEVELOPMENT TODAY
Page 12 • Friday, July 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. CHURCH, OTHER RELIGIOUS
ROOFING
First Baptist Church of Jacksonville Florida Inc., 1770 Valley Ridge Blvd., contractor is Perry-McCall Construction Inc., 4,500 square feet, three permits for modular buildings, $240,000.
Regency Park Shopping Center, 9400 Atlantic Blvd., contractor is North American Roofing Systems Inc., roof over existing, $665,024. The Seasons at Mill Cove Condominium Association Inc., 8230 Dames Point Crossing, contractor is Reliant Roofing Inc., five permits for roof replacement, $100,000. M.T. Collins Inc., 5123 Stepp Ave., contractor is Monahan Roofing Contractors Inc., roof replacement, $20,500.
GOVERNMENT Jacksonville Aviation Authority, 13356 Simpson Way, contractor is Walbridge Aldinger LLC, 10,629 square feet, two permits for demolition of the existing air traffic control tower and construction of a new tower and operations building at Cecil Airport, $8.12 million. HOSPITAL, INSTITUTIONAL Southern Baptist Hospital of Florida Inc., 800 Prudential Drive, contractor is DPR Construction, foundation for new Wolfson Children’s Hospital building, $3 million. INDUSTRIAL Rooker, 4345 Perimeter Industrial Parkway, contractor is FCL Builders LLC, 155,820 square feet, new warehouse, $5.2 million. OFFICE, BANK, PROFESSIONAL LBA Tracts C and G Jacksonville FL LLC, 9000 Southside Blvd., Bldg. 500, contractor is Marand Builders Inc., install first floor security portals, $228,899. 3550 St. Johns LLP, 3550 St. Johns Bluff Road S., contractor is Interior Buildouts Inc., renovation, $81,388. ACE Cash Express, 3543 Kingston St., contractor is Horizon Retail Construction Inc., 800 square feet, new building, $28,000.
SIGNS Daily’s Place, 1 TIAA Bank Field Drive, contractor is Harbinger LLC, ground sign, $20,000. The Florida Times-Union, 1 Independent Drive W., contractor is Brown Enterprises, wall sign, $7,681. SLG Investment Partnership LLLP, 5437 Cassidy Road, contractor is Arango Billboard & Construction Co. LLC, install billboard, $6,000. Ascension St. Vincent’s, 858 Monument Road, contractor is General Sign Service Corp., two permits for ground signs, $4,000. 3 Natives Acai and Juicery, 11362 San Jose Blvd., No. 4, contractor is General Sign Service Corp., canopy sign, $2,250. Outfront Media LLC, 416 Pecan Park Road, contractor is Outfront Media LLC, remove billboard, $2,000. Outfront Media LLC, 14949 Duval Road, contractor is Outfront Media LLC, remove billboard, $2,000. UTILITIES Verizon Wireless, 14200 Pecan Park Road, contractor is Betacom Inc., install cell tower supports, $50,000. Compiled by Scott Sailer
PEOPLE ON THE MOVE Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@jaxdailyrecord.com Crowley Logistics promoted two employees to leadership roles in supply chain services: Sal Menoyo was promoted to vice president of Caribbean logistics, responsible for sales strategies, marketing and administration. He started with Crowley Menoyo in 1993 as a mate in the tug and barge fleet. Patrick Collins will succeed Menoyo as vice president of marine and terminal operations for the U.S., including Puerto Rico and the Virgin Islands. Collins is responsible for the operational integrity Collins of the terminal and vessel services for the logistics group. He joined Crowley in 2012 as a cargo operations manager.
Ricardo Morales III, president of Morales Construction Co. Inc., became a Florida certified master builder. The certification means the builder meets specific qualifications and higher standards than required by the state of Florida for licensure and that the builder has a record of building expertise, education, experience, business stability, integrity and customer service. Pete Helow, owner of Roosters Men’s Grooming Center, was elected president of the Rotary Club of San Marco for 201920. Helow said his goal is to promote membership growth and charity support.
Helow
Compiled by Scott Sailer
BUSINESS IN BRIEF Junior Achievement matching grant: The Delores Barr Weaver Fund has offered a challenge to the public for a $35,000 matching grant for Junior Achievement of North Florida. The grant is to celebrate Junior Achievement’s 56 years of service helping young people with entrepreneurship, workplace preparedness and financial literacy. Weaver also provided $90,000 to support the program manager position and a recurring $10,000 grant per year from the Delores Barr Weaver Forever Event Fund.
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Compiled by Scott Sailer
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Friday, July 5, 2019 • Page 13
Florida Coastal School of Law wins state award n Ponte Vedra Beach business and health care law firm RezLegal added associate attorney Tanya Foreman. She concentrates her practice on securities, mergers and acquisitions and venture capital and private placements. Foreman graduated from the University of Miami School of Law in 1994. n Jimerson Birr hired trial lawyer Samuel Friedman. His practice will focus on business litigation. Friedman formerly served as an assistant state attorney for the 4th Judicial Circuit in Jacksonville. He received his J.D. from the University of South Carolina College of Law and a bachelor’s in criminology and criminal justice from the University of Maryland.
MAX MARBUT ASSOCIATE EDITOR
Alumni and students recognized by The Florida Bar Foundation for pro bono service. Florida Coastal School of Law brought home from The Florida Bar annual convention last week The Florida Bar Foundation’s top recognition for volunteer legal service, the MVP Pro Bono Champion Award. Between Jan. 7 and May 10, Florida Coastal students and alumni worked together on more pro bono cases during the spring semester than students and graduates at any other law school in the state in the foundation’s inaugural Florida Pro Bono Law School Challenge. “By connecting students with alumni to partner on a pro bono case from a legal aid organization, we hope to inspire both to continue volunteering as pro bono lawyers,” said Claud Nelson III, pro bono program director at the foundation, in a news release. Florida A&M University College of Law was recognized for the most alumni engagement.
Photo by The Florida Bar Foundation
The Florida Bar Foundation President Juliette Lippman presented the MVP Pro Bono Champion Award to Florida Coastal School of Law Dean Scott DeVito at The Florida Bar’s annual convention last week in Boca Raton.
Barry University School of Law took top honors for student engagement. For lawyers licensed to practice in Florida, the aspirational goal set by The Florida Bar is 20 hours each year of voluntary legal service to people who cannot afford to hire an attorney, or an annual contribution of at least $350 to a legal aid organization.
Judiciary seeking PACER feedback The federal judiciary has created and is seeking members for a public user group to provide advice and feedback on ways to improve its electronic public access services. The Electronic Public Access Public User Group member-
ship will be selected from applicants who represent the legal sector, media, academia, government agencies, the public and other entities that use the Public Access to Court Electronic Records system, known as PACER. PACER is an online portal that allows access to virtually all documents filed by a judge or the parties in all U.S. courts of appeals, district courts and bankruptcy courts. It provides access to more than 1 billion documents filed in more than 200 federal courts. In operation for more than 30 years, PACER has about 3 million user accounts. Visit uscourts.gov/courtrecords/electronic-publicaccess-public-user-group for more information. Applications
n Charles Trippe Jr. joined Abel Bean Law as a partner. Trippe was chief counsel to the Federal Aviation Administration in Washington, D.C. In 2011 and 2012, he served as general counsel to the executive office of Gov. Rick Scott. From 1994 to 2001 he was a senior in-house lawyer with CSX Transportation Inc. in Jacksonville. He received a bachelor’s from Columbia College and his law degree from Columbia Law School. n T’keyah Gadson and Ryan Davis joined the McConnaughhay, Coonrod, Pope, Weaver & Stern law office in Jacksonville as associates. Gadson is a 2018 graduate of Florida State University College of Law and practices workers’ compensation defense. Davis, a 2015 graduate of Florida Coastal School of Law, also practices workers’ compensation defense.
must be submitted by July 26.
Attorney suspended The state Supreme Court suspended Jacksonville attorney James Joseph Boyle, effective 30 days from a June 4 court order. According to the court’s order, Boyle failed to respond
to The Florida Bar’s inquiries regarding a pending case. Subsequently, the Grievance Committee found no good cause for his failure to respond and the Supreme Court held him in contempt. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
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THE MARBUT REPORT
LEGAL BRIEFS
Page 14 • Friday, July 5, 2019
THE BAR BULLETIN
Jacksonville Daily Record
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
FROM THE PRESIDENT
INSIDE
COMMENTARY
A NEW YEAR AND A NEW CHALLENGE
Tips for drafting a mediation agreement Lisa Dasher, Alternative Dispute Resolution Committee co-chair, offers insight into mediation agreements. PAGE 17
YOUR LEADERSHIP
Put a face with a name
Photo by Max Marbut
JBA President Elizabeth Ferguson is a shareholder with Marshall Dennehey Warner Coleman & Goggin,
The 2019-20 Young Lawyers Section and Jacksonville Bar Association Board of Governors leadership. PAGES 18-19
I need your help to continue to improve what we have built. BY ELIZABETH FERGUSON JBA PRESIDENT
A
s the new president of the Jacksonville Bar Association, I’ll take a few minutes to brag about our members. They hold seats on almost every community and charity board in Jacksonville. They coach flag football, baseball and soccer. They donate their time and talent to help those less fortunate by providing legal services. Our members are leaders in their churches, synagogues, mosques and other places of worship. And JBA members mentor fellow lawyers so we can continue North Florida’s tradition of being the most collegial Bar in the state.
We are lucky to have been led in the past year by Circuit Judge Katie Dearing, who, even with her busy schedule, worked diligently to improve our offerings to meet the needs of our diverse membership. She has a tireless devotion to the JBA, having served on a JBA board for the past 16 years. That is a feat in itself. She used that time to be a consistent voice for change and improvement, the results of which are clear. I could not be more proud to follow in her footsteps as president of the JBA. I also am honored to have Michelle Bedoya Barnett serving as our president-elect, Michael Fox Orr as our treasurer and Fraz Ahmed as our secretary. The four of us have grown up together as lawyers and in the JBA. They, along with our governors, are
the hardest working group of people I know and I am lucky to have them by my side on this adventure. When I moved to Jacksonville in 2002, I knew one person – my brother. But Steve O’Hara took a chance, offered me a job and I took it. O’Hara is the first of the long list of mentors I have been lucky to have throughout my career. Those of you who know him know he is a true student of the law. Coming out of law school, we know nothing about how to be a lawyer. O’Hara taught me many important lessons as a young lawyer: n Your legal assistant knows more about the practice of law than you do, so listen to them. n Read the rules.
PRO BONO
Give back to the community Volunteers needed for a record eight Ask-A Lawer events planned for this year. PAGE 17
SEE FERGUSON, PAGE 18
YOUNG LAWYERS
Paternity leave: I did it and you should, too After a month of focusing on being a father and a husband, my “work world” was still revolving on its axis.
ALESSANDRO APOLITO JBA YOUNG LAWYERS SECTION PRESIDENT
This year, I celebrated my first Father’s Day and feel compelled to share the choice I made to take paternity leave. On Aug. 20, my life changed forever. My wife, Lauren, gave birth to our twin boys, Valentino
and Massimo. Their birth was the best thing that has happened in our lives. Before their arrival, we had to make many important decisions, including the hospital at which my wife was going to give birth, whether or not to vaccinate them, making sure we had enough diapers and wipes, and choosing the right shade of blue for the nursery. As an attorney, I had another big decision to make: Should I take paternity leave after they
were born? Like all good lawyers trying to answer a question, I did my research. I reviewed the employee handbook of the firm I was with, I asked other fathers and read articles online. My former firm had a parental leave policy, which was consistent with the Family and Medical Leave Act, but left pay during leave up to the discretion of the management committee. Other fathers I talked to took anywhere from one day to two weeks of
leave after the birth of their children. I gathered from speaking with fathers that taking paternity leave was frowned upon or regarded as something that men, especially lawyers, do not do. That stance became so obvious during my discussions with some fathers that I began to feel guilty for considering taking paternity leave. According to fatherly.com, 92 SEE APOLITO, PAGE 15
THE BAR BULLETIN
Jacksonville Daily Record
Friday, July 5, 2019 • Page 15
Apolito: Paternity leave can attract talent CONTINUED FROM PAGE 14
countries offer paternity leave, but the U.S. does not. Further, only a few states mandate paid parental leave: New York, California, New Jersey, New Hampshire and Washington, D.C., have laws in place requiring employers to provide paid leave to employees. Therefore, it is no surprise that so many fathers shy away from taking meaningful paternity leave. Our culture does not entirely support it and you are not likely to get paid. After more research, I realized the right amount of paternity leave was a personal choice that is unique to each person’s situation. I needed to decide the amount of time that would allow me to start establishing a connection with my sons, help my wife and sons as much as I could, start learning how to be a father and to love them as much as I could without any distraction. I decided to take one month paid paternity leave. When I delivered the news to my firm, I received full support. My colleagues, both attorneys and staff, covered all of my work while I was gone. I will always be grateful to them for allowing me to do this. The day after my sons were born, I disabled my work email on my phone, put my computer away and embarked on an amazing, yet very difficult, nearly uninterrupted month of paternity leave. I focused on being a father and husband, while my colleagues managed my clients and workload. Just as I expected, when I returned, everything was in order and my “work world” was still revolving on its axis. In fact, when I returned, my colleagues and clients were eager to hear about my newborns and see pictures. No one expressed any resentment that I took leave. To all employers, I strongly urge you to support your expecting male attorneys to take a meaningful paternity leave. You can attract great employees and build loyalty to your firm. As a partner at a law firm, I know the potential logistical issues this could cause for your office and the financial implications of paying someone who is not producing. However, with high turnover in the practice of law, employers should consider offering meaningful paternity leave as a way to attract and retain talented lawyers. High turnover is much more expensive for an employer than a reasonable amount of paternity leave for an employee. My advice to future fathers is
Special to the Daily Record
Alessandro Apolito, his wife, Lauren, and twin sons Massimo and Valentino.
to try to take as much paternity time as possible without compromising your employment. If you cannot take all of your leave at once, consider breaking it up into two parts. I know this is easier said than done, but for those who fear judgment or retribution from
their employers and colleagues, ask yourself if that is the type of office you want to be associated with in your career. I realize that my stance on paternity leave may not be widely accepted in the legal community. The purpose of sharing my story is to shed light on a topic
that is taboo despite the fact that it is relevant to all families. I want to encourage and empower new fathers to choose precious time with their newborn over billable hours and work. If you don’t do it now, you could set yourself up to choose work over family more than you
want to in the future. ALESSANDRO APOLITO IS A PARTNER AT LIPPES MATHIAS WEXLER FRIEDMAN WHO PRACTICES IN THE AREA OF TRUSTS AND ESTATES.
I realize that my stance on paternity leave may not be widely accepted in the legal community. The purpose of sharing my story is to shed light on a topic that is taboo despite the fact that it is relevant to all families.
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 (904) 399-4486
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 Karstaedt & Stanko Editors Iana Benjamin Cordell & Cordell
Kirsten Oliver Steve Watrel, P.A.
Ashlea Edwards Ackerman LLP
Adina Pollan Pollan Legal
Page 16 • Friday, July 5, 2019
THE BAR BULLETIN
Jacksonville Daily Record
COMMENTARY
The role of prejudgment interest in construction defect litigation
NICHOLAS ELDER LITIGATION ATTORNEY AT GUNSTER
Because potential prejudgment interest sums in construction litigation often are significant, equitable considerations should be included in any presuit analysis. One of the most important responsibilities of an attorney when evaluating a claim is to identify the risks and potential exposure resulting from a lawsuit. In doing so, one aspect of damages often overlooked is the entitlement by a plaintiff to prejudgment interest. In construction defect litigation, because of the significant time it takes to resolve such matters, prejudgment interest is often substantial. However, the amount of a prejudgment interest award is entirely dependent on determining when this interest begins to accrue. Pursuant to the Florida Supreme Court holding in Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla. 1985), prejudgment interest awards in Florida are governed by the “loss theory.” Under the loss theory, “when a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of
Special to the Daily Record
Under the loss theory, “when a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of that loss.”
that loss.” Argonaut, 474 So. 2d at 215. Prejudgment interest may be awarded in both tort and contract cases, as long as the claimed loss is wholly pecuniary, and may be fixed as of a definite time, whether the loss is liquidated or unliquidated. Bosem v. Musa Holdings, Inc., 46 So. 3d 42, 46 (Fla. 2010). Following a construction defect trial, if the judge or jury can point to a specific date when the plaintiff owner suffered a loss, prejudgment interest can be awarded from the date of that loss. However, the state appellate courts have been split as to when prejudgment interest begins to run for purposes of calculating damages.
The 4th District Court of Appeal has ruled that in condominium defect matters, prejudgment interest begins to accrue when the developer turned the condominium association over to the unit owners. Pine Ridge at Haverhill Condo. Assoc., Inc. v. Hovnanian of Palm Beach II, Inc., 629 So. 2d 151 (4th DCA 1993). More recently, in examining a breach of contract condominium matter, the court held that prejudgment interest should be calculated from the date of the lawsuit. Berloni S.P.A. v. Della Casa, LLC, 972 So.2d 1007, 1012 (Fla. 4th DCA 2008). The 3rd DCA has taken a more hard-line approach and has ruled that when the jury does not
identify a specific date of loss, and this date cannot be determined by the evidence, prejudgment interest should be awarded from the date of the verdict. Albanese Popkin Hughes Cove, Inc. v. Scharlin, 141 So. 3d 743 (Fla. 3d DCA 2014). The 2nd DCA also ruled that when the evidence fails to demonstrate a fixed date of loss, the jury verdict starts the interest calculation clock. Citizens Property Ins. Corp. v. Alvarez, 198 So. 3d 45 (Fla. 2d DCA 2015). The 1st DCA examined the issue in a case involving defects to chemicals used in manufacturing carpet. Arizona Chemical Co., LLC v. Mohawk Industries, Inc., 197 So. 3d 99 (Fla. 1st DCA 2016).
LEGAL BRIEFS
Need CLE hours? Check out the JBA website
The Jacksonville Bar Association has a CLE video library where you can purchase online CLE presentations and get those CLE credits you need in the convenience of your home or office. You may choose from as few as 0.5 CLER hours to as many as 8.0 CLER hours, including various certification hours. Just select the videos that correspond with the CLE credits you need, purchase them, watch online and submit for credit. Topics include family law, technology law, transactional law and professionalism for new practitioners. Visit jaxbar.org/store
Again, the court was faced with the question of when the purchaser of the defective carpet actually suffered a loss, as only then could prejudgment interest accrue. The court ultimately rejected the trial court’s ruling that prejudgment interest began when the defective chemical was placed in the carpet and remanded the matter for a ruling focused on when the plaintiff suffered an actual economic loss. Thus, whether a case is based in contract or in tort, prejudgment interest is to be awarded from the date of the plaintiff’s actual loss (rather than the specific breach), as that date is determined by the evidence in the case. Finally, it should be noted that the state Supreme Court has outlined an equitable exception to the loss theory, denying recovery of prejudgment interest based on “considerations of fairness.” See Broward County v. Finlayson, 555 So. 2d 1211, 1213 (Fla. 1990). Recent appellate cases have recognized this exception and cautioned against an interest award that results in a windfall to the plaintiff or improperly penalizes the defendant. Arizona Chemical, 197 So. 3d at 107; Leila Corp. of St. Pete v. Ossi, 230 So. 3d 488, 494 (Fla. 2d DCA 2017). Because potential prejudgment interest sums in construction litigation often are significant, equitable considerations should be included in any presuit analysis. Taking the above precedent into consideration, a prudent litigator will focus at the outset on identifying evidence (or a lack thereof), which could establish the specific date of the alleged economic loss by the plaintiff. This will allow a more accurate evaluation of prejudgment interest and potential damages. NICHOLAS ELDER IS AN ATTORNEY AT GUNSTER, YOAKLEY & STEWART FOCUSING ON CONSTRUCTION AND BUSINESS LITIGATION.
CALENDAR
Upcoming CLEs JULY 26 Franchise, Intellectual Property & Techonology Law Committee Meeting Noon, Jacksonville Bar Association 1.0 CLE credit pending approval by The Florida Bar. Register at jaxbar.org
Keep involved in the JBA The driving force behind this organization is the active participation of its members. Please give the association the benefit of your ideas and talents by volunteering to serve on one or more of the committees shown on the JBA website. With your active involvement, this association will flourish. To join or change your committee preferences, open your web profile at jaxbar.org and click on “Join a Committee.”
Key reasons to renew your JBA membership n Bench & Bar Holiday Party free to
members n General and Law Day luncheons free to members n Annual golf tournament n Free committee participation n Access to Attorney Conference Center, Duval County Courthouse n Bar Bulletin – First Thursday of month edition of the Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n Savings on exclusive member benefits n JBA E-News member email n Free listing in website directory with photo
Committee meetings JULY 15 Family Law Committee Noon, Jacksonville Bar Association JULY 17 Jacksonville Bar Association Board of Governors Noon, Jacksonville Bar Association JULY 23 Social Security Committee Noon, Jacksonville Bar Association JULY 31 Estate Planning & Tax Law Committee Lunch & Learn Noon, 824 Florida A1A N., Suite 300, Ponte Vedra Beach Register for all committee meetings at jaxbar.org
THE BAR BULLETIN
Jacksonville Daily Record
Friday, July 5, 2019 • Page 17
COMMENTARY FROM THE PRESIDENT
Closing time: Drafting a mediation agreement
LISA DASHER ALTERNATIVE DISPUTE RESOLUTION COMMITTEE CO-CHAIR
After hours of mediation and everyone is tired, don’t forget to proofread. Let’s talk about drafting a mediation agreement. How do you view the mediator’s role? Is the mediator the author or the scribe? Wanting the matter resolved, mediators often write what they believe to be the agreement reached by the parties. A mediator often is asked to use “standard language.” But the mediator may not be able to determine whose “standard language” is being requested. As there are as many ways to draft terms as there are attorneys, it is difficult to know whose “standard language” to use. Using information that all attorneys have access to provides a common language, such as the third amended administrative order 95-16, Family Law 4th Judicial Circuit Timesharing Guidelines (Local and Long Distance). These are used, in part or in whole, when negotiating and drafting a timesharing schedule. Not every attorney knows everything, and neither does every mediator. One person may have served in the military while another’s first career was as a registered nurse. This can be a major stumbling block when
Special to the Daily Record
After a written mediation agreement is reached, don’t let the parties leave without signing it.
drafting an agreement. If an attorney is not aware of a service member’s Survivor Benefit Plan, or that the retirement plan charges a fee to process a qualified domestic relations order, the attorney may be leaving money on the table, giving away his bargaining power or costing the client money. If the appropriate language is not in an agreement, additional litigation may be necessary. Mediation is confidential, so it is difficult to have a mediator disclose information in court. There are a plethora of Mediator Ethics Advisory Committee opinions regarding mediators giving advice, confidentiality or bringing up issues during a mediation.
It is in their clients’ best interest for counsel to bring predrafted language to mediation to use when drafting an agreement. If a retirement account or pension will be divided as part of the agreement, counsel should research the plan and know the specific terms required. Discovery plays an important role. Clients can be unwilling to work toward a resolution when all the information is not available. Finally, proofread. After four, eight or 12 hours of mediation, everyone is tired and the client is looking at the clock and calculating the fees. Or perhaps someone needs to leave to pick up the children, attend a hearing or any number of other reasons
they cannot stay until the proper agreement is drafted, edited and finalized. When a draft is printed for review, it is truly a draft with an expectation that the attorney will carefully review the language and make appropriate edits within the document. Mediators can feel like the driver of a school bus full of children going to Disney: “Are you done yet?” The mediator’s job is to put on paper what the mediator believes the parties have agreed upon during the negotiation. The draft may be written in great detail, general terms, factspecific, formulaic or creatively, depending upon the subject matter. Counsel has the power
of the red pen to customize the template to meet the needs of the clients and to ensure all issues are properly addressed. The takeaway: It is best not to write the agreement for the parties. We should serve only as scribes. Let the parties suggest the appropriate language they want. In my engagement letter, I ask that each party bring to the mediation the language that they want in a written settlement agreement. Lastly, once an agreement is reached, never let the parties leave without signing off on a written agreement. LISA DASHER IS AN ATTORNEY AND OWNER OF JACKSONVILLE FAMILY MEDIATION.
PRO BONO FROM THE PRESIDENT
Volunteers needed for record eight Ask-A-Lawyer events
MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR
Program offers legal guidance free of charge to hundreds of people. What should a member of our community do when he or she has a legal issue and is not sure of the next step? What if someone needs assistance but is not in a position to hire an attorney? Come to an Ask-A-Lawyer event. Now in its 10th year, Ask-ALawyer has provided legal guid-
ance free of charge to hundreds of people, as well as information on community resources for people in need. A record number of eight events will be offered this year at locations throughout the city easily accessible to low-income residents and the underserved. Ask-A-Lawyer events are a collaboration of the Jacksonville Bar Association, Florida Coastal School of Law, Jacksonville Area Legal Aid and the Jacksonville City Council. The events are staffed by volunteer attorneys, law students and community members. Attendees may be referred to Jacksonville Area Legal Aid, the JBA Lawyer Referral Service and Three Rivers Legal Services as well as community service agencies. The most recent Ask-ALawyer event was June 8 at the Northwest Jacksonville Community Development Corp. This is the 10th year that Ask-A-Lawyer event was held at this location as
part of NJCDC’s annual Health and Neighborhood Day. Under the direction of Paul Tutwiler, executive director of NJCDC, and the support of volunteers, neighborhood residents were invited to learn about community resources, enjoy music and games, complete a health screening and speak to a volunteer attorney. Lawyers counseled 25 people on more than 30 legal matters in one-to-one interviews. Attorneys advised in the areas of family law, probate, estate planning, guardianship, criminal law, collections, contracts, real estate and landlord/tenant matters. The attorneys included Melina Buncome, Susannah Collins, Laura Gapske, Aaron Irving, Logan McEwen, Kristopher Robinson and Arden Joseph. Florida Coastal School of Law students Chelsea Copeland, Chelsey Hess, Matthew Letteri and Sara Murrey also were there to provide administrative
assistance and to observe the consultation interviews. Jacksonville Area Legal Aid Client Advisory Board member Phyllis Maxwell was there to help welcome attendees, sign them in and answer general questions. These volunteers served each person who came seeking information with respect and compassion. They answered questions, provided information on legal options and community resources and in many cases, offered hope and direction. Facing a problem requires courage and energy. Taking the first step toward solving the problem requires even more. For many of the attendees, Ask-ALawyer provided the information needed to enable them to take the first step toward stability and resolution. As attorneys, we know that we don’t always tell people what they want to hear. However, with the belief that knowledge is power, we know that with sound
information and direction, people are better equipped to get the help they need or resolve their matters themselves. Access to the legal community must not be limited to those who can afford to pay for legal representation. Informed advocacy on both sides protects the integrity of our system of justice. Ask-A-Lawyer events empower and encourage people to effectively resolve their legal issues and overcome the barriers they face. The efforts of the entire pro bono Ask-A-Lawyer team of June 8 are applauded and appreciated. WOULD YOU LIKE TO HELP MAKE A DIFFERENCE IN THE COMMUNITY? ATTORNEYS INTERESTED IN PRO BONO OPPORTUNITIES IN THE 4TH JUDICIAL CIRCUIT MAY CONTACT MISSY DAVENPORT, CHAIR OF THE JBA PRO BONO COMMITTEE, AT MISSY. DAVENPORT@JAXLEGALAID. ORG.
Page 18 • Friday, July 5, 2019
THE BAR BULLETIN
Jacksonville Daily Record
2019-20 YOUNG LAWYERS SECTION BOARD OF GOVERNORS
Alessandro Apolito President Lippes, Mathias, Wexler, Friedman, LLP
Ashlea Edwards President-elect Akerman LLP
Cassie Smith Secretary Kubicki Draper
James Poindexter Treasurer Delegal & Poindexter, P.A.
David Chauncey Alexander DeGance Barnett
Giselle Girones Shullman Fugate PLLC
Megan Moon Gunster
Tim Miller Robert Shafer & Associates, P.A.
Valeen Arena U.S. District Court, Middle District of Florida
Kayla Haines Smith Hulsey & Busey
Ferguson: Help me improve the JBA’s offerings CONTINUED FROM PAGE 14 n Even on that case you think you have no chance of losing, a jury might see it differently. So, move on to the next one and work harder on that one with the lessons you learned from losing. n Get involved in our community. Through O’Hara, I met another mentor, Deborah Halvorsen. I am lucky enough to call her my friend. She is one of the most gifted trial attorneys I have met and if you have had the honor of seeing her in the courtroom, you
feel the same way. She taught me lessons outside of the courtroom that were even more important: n The importance of being surrounded by co-workers who support you. n How important it is to have a sponsor, someone who wants to see you succeed and is willing to help you get there. I would not be where I am today, in my life, my career or the JBA, without the benefit of these amazing mentors and sponsors, along with so many others I, unfortunately, do not have time to tell you about, but who have
encouraged, supported and even pushed me along the way. That is why the JBA is so important to our legal community. It provides opportunities for people like me who moved here knowing no one, and people who have lived here all their life, to meet mentors and sponsors who can help them on their path. Beyond that, the JBA works every day to provide offerings to meet the needs of our membership through CLEs, networking events, judicial relations opportunities, community outreach, pro bono service, the Bar Bul-
letin and most recently through our diversity and inclusion and mental health and wellness initiatives. People have asked what my agenda is for my year in office. The truth is, I do not have a grand vision. My focus will be on continuing to build on the hard work of those before me to improve the offerings of the JBA to better meet the needs of our membership and to add value. To do that, I need your help. Join the JBA, get involved, join a committee, be a mentor and
attend our events. With all of us working together, we can ensure that the 4th Circuit’s reputation of being the most collegial Bar in the state will continue for years to come. Thank you for your trust in me to lead this organization. I am honored to serve as the president of the Jacksonville Bar Association. ELIZABETH FERGUSON IS A SHAREHOLDER WITH MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, FOCUSING ON CONSTRUCTION LITIGATION.
THE BAR BULLETIN
Jacksonville Daily Record
Friday, July 5, 2019 • Page 19
2019-20 JACKSONVILLE BAR ASSOCIATION BOARD OF GOVERNORS
Elizabeth Ferguson President Marshall Dennehey Warner Coleman & Goggin
Michelle Bedoya Barnett President-elect Alexander DeGance Barnett
Michael Fox Orr Treasurer Orr | Cook
Fraz Ahmed Secretary Coker Law
Brian Coughlin The Bedell Firm
Christian George Akerman LLP
Blane McCarthy Blane McCarthy – Injury Lawyer & Mediator
Cyndy Trimmer Driver, McAfee, Hawthorne & Diebenow, PLLC
Asghar Syed Gunster
Lindsay Tygart Coker Law
Adina Pollan Pollan Legal
Jamie Karpman U.S. Department of Housing and Urban Development
DO BUSINESS WITH OUR SPONSORS DIAMOND
SILVER
PARTICIPATING
Page 20 • Friday, July 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
JBBA announces 2019-20 officers and board The Jacksonville Bankruptcy Bar Association announced its 2019-20 board of directors June 26. They are: Front row from left: Katheryn Hancock, The Hancock Firm, vice president; James Eidson, The Eidson Law Firm, president; Amy Leitch, Akerman, board member; and Taylor King, Mickler & Mickler, treasurer. Back row: J. Ellsworth Summers Jr., Burr & Forman, board member; John Freeman, Office of Douglas W. Neway, Chapter 13 Standing Trustee, chairman; Daniel Blanks, Nelson Mullins Riley & Scarborough, board member; Doug Neway, Chapter 13 Standing Trustee, adviser to the board of directors; Eugene Johnson, Johnson Law Firm, board member; and Allen Wulbern, Smith Hulsey & Busey, secretary. Not pictured: Board members Robert Heekin Jr., Thames Markey & Heekin; and Kevin Paysinger, Lansing Roy P.A. The association’s website is jaxbkybar.com. Photo by Karen Brune Mathis
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