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THE EDISON’S & Observer Record

Winn-Dixie parent is considering an IPO

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The 101-year-old building at 635 Edison Ave., just off Riverside Avenue in Brooklyn, sold for $825,000 on Sept. 18.

Southeastern Grocers files a draft registration statement with the SEC.

Record & Observer BY MARK BASCH

CONTRIBUTING WRITER

“They love the building.” The O’Steen Investment Group plans to move its headquarters there. “It is a neat old building and it has the balcony up top, and the area is growing,” said Mark O’Steen, a partner in the investment group. “We have been looking around. We wanted to lease or purchase a corporate office and my son came across the Edison property and

Southeastern Grocers Inc., the parent company of Winn-Dixie and three other supermarket chains, is considering an initial public offering. The Jacksonville-based company said in a Sept. 28 news release it has confidentially filed a draft registration statement with the Securities and Exchange Commission for a potential IPO. “This process will help enable the Company to make the decision to become publicly traded, subject to market and other conditions,” the company said. The shares sold in the IPO would be offered by existing stockholders of the company. Southeastern Grocers went through a prepackaged Chapter 11 bankruptcy reorganization in 2018, with a group of creditors getting stock in the company in exchange for debt. The company has not disclosed who received those shares and now owns the company. Southeastern Grocers was formed by the 2012 merger of Jacksonville-based Winn-Dixie Stores Inc. and Bi-Lo Holdings. The company, then owned by funds managed by Lone Star Funds, filed plans for an IPO in September 2013 but withdrew that registration in August 2014. Southeastern Grocers operates about 550 supermarkets in seven states under the Winn-Dixie, Bi-Lo, Harveys and Fresco y Mas banners. However, the company in June announced plans to sell 62 stores and discontinue the Bi-Lo brand.

SEE EDISON BUILDING, PAGE 6

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Record & Observer Photo by Karen Brune Mathis

O’Steen Investment Group LLC bought the Edison building at 635 Edison Ave. O’Steen family members include, from left, Mark, Hal, Chip, Cody, Robert and Tom. “The project made perfect sense,” said Robert O’Steen.

Photographer and artist Daryl Bunn sold his Brooklyn building to the new O’Steen Investment Group for its headquarters.

BY KAREN BRUNE MATHIS EDITOR

t’s old, renovated, technically Downtown and now has what its longtime owner considers the right buyer. “I think the O’Steens are the perfect people,” said photographer and artist Daryl Bunn, who sold his 101-yearold Edison building to O’Steen Investment Group LLC two weeks ago after his 38 years of caregiving.

Mendenhall Report: Developers offer views on incentives changes PAGE 3 The Marbut Report: New format for Freed to Run fundraiser PAGE 10 The top 10 sales of the week in residential real estate PAGE 16

THE BASCH REPORT

COVID-19 drug firm, brewpub file for stock sale Webstar Technology completes IPO. PAGE 8 VOLUME 3, NO. 18 • ONE SECTION

WHAT’S TRENDING

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THURSDAY, OCTOBER 1, 2020

Developers see promise in Downtown incentives plan

If approved, grants under $100,000 to restore older buildings could be approved by the DIA alone. Petra Vice President Elias Hionides said he hopes a proposed rewrite of the city’s incentives policy for Downtown historic landmark restoration could have benefits beyond filling empty buildings. “I think there are a number of factors to consider,” Hionides said. “Increasing the tax base is one, not just property tax but the sales tax these businesses generate once they’re occupied. I think that it helps drive investment in Jacksonville as a whole, not just Downtown.” Ordinance 2020-0527, which is making its way through City Council, would eliminate a $1 million cap on taxpayerbacked forgivable loans for renovating historic and aging Downtown buildings. It also would help pay to bring those buildings up to code.

form the vacant seven-story Jones Bros. Furniture building at 502 N. Hogan St. into 28 apartments, 10,247 square feet of retail or restaurant space and a 1,040-square-foot office. The city awarded the developer a redevelopment agreement in February 2019 with a financial incentives package of up to $2.3 million for the estimated $11.1 million renovation. DIA CEO Lori Boyer said by email Aug. 29 the Jones Bros. adaptive reuse is one of several projects that prompted the incentives revamp. Boyer told Hionides in a March 30 letter there were concerns about the project’s financial viability, but she expects it could be feasible if Council approves the Downtown Preservation and Revitalization program. “If approved, I expect we may see a new application that would allow the project to move forward,” Boyer said Aug. 29. The amended bill could be debated by the Council Finance and Rules committees Oct. 6 and reach full Council for a final vote Oct. 13. Andrew Sodl and Thomas Ingram of the Downtownbased commercial real estate law firm Sodl & Ingram said Aug. 7 there is an opportunity to interest more developers in restoring historic Downtown buildings despite the impact of COVID-19 on the market. Ingram said he thinks it will require a larger city government investment. He points to the $6.16 mil-

lion, multiyear renovation of Cowford Chophouse at 101 E. Bay St. as an example of adaptive reuse that’s been successful, but expensive. “That was, I would say, mostly a public service of the owner and developer. That was a huge investment on (the developer’s) part and wonderful for the city,” Ingram said. “A project with that level of involvement where you’re taking down the bricks and numbering them so that you have to put them back in the same order is just a very huge investment for your typical project.” The attorneys said the DIA plan could make historic and aging building restoration as attractive as new construction, which Sodl said can often be less expensive than adaptive reuse projects. Sodl said Sodl developers can go into a historic renovation and think they “have their arms wrapped around” all financial and structural challenges. “But there’s always the potential that more needs to be done or cost overruns are more likely to occur,” he said. “And I think that coupled with the headwinds we’re feeling now in development, generally due to uncertainly in the market with COVID and what development looks like for the next six to 12 months, I think the program is certainly a good start.”

Two Council committees deferred the bill Sept. 14 after the DIA’s Council liaison, LeAnna Cumber, asked to streamline its language and reduce the program’s forgivable loan periods from 10 to 5 years for developers who used more than one program incentive. “If I’m a developer, if I have all these amortization periods, it could be a nightmare that I don’t want to bother with,” Cumber said. “On the city side, we don’t want to create programs that have so many different components that it becomes cumbersome to manage.” Cumber represents District 5, which includes the Downtown Southbank. She said Sept. 29 that the DIA’s plan puts in place more checks and balances than the current incentive structure. Cumber said when Council waives the $1 million grant cap in the current program, lawmakers have no other mechanism to control the city’s return on investment. The Council member said she thinks the loan types in the revamped program restore layers of taxpayer control. “My goal is to make it attractive enough to developers that they’ll actually use it but that we get — we being the city — get a return on investment,” Cumber said.

THE MENDENHALL REPORT

MIKE MENDENHALL STAFF WRITER

The plan was approved in July by the Downtown Investment Authority. Buildings that contribute to the federal Downtown Jacksonville Historic District and are designated historic by Council would qualify for more incentives than nonhistoric structures. The plan keeps the existing Downtown Historic Preservation and Revitalization Trust Fund for grants under $100,000. Those incentives could be approved by the DIA without Council approval. Hionides said this would make smaller projects, like Petra’s Ruby Beach Brewing Co. renovation on Forsyth Street, easier Hionides to complete. “If we don’t have to go to City Council, that’s a huge benefit to be able to say, ‘Hey, I have a building and I have a tenant who wants to move in. I have a $50,000 sprinkler system that’s causing the deal to not work and it’s going to fill a vacant retail storefront or a historic building,’” he said. “That is a hole that’s been missing from DIA incentives for a long time.” ACE JAX LLC, managed by Hionides, could benefit from the redrafted policy. Hionides and ACE JAX comanager Christian Allen of Atlantic Beach plan to trans-

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THE MATHIS REPORT

Circle K wants to build-out Regency offices Google

KAREN BRUNE MATHIS EDITOR

The convenience store chain has more than 100 locations in Northeast Florida. Circle K is building-out office space in the North Regency One building for what appears to be at least a 60-seat operation. The city is reviewing a permit application and plans for Circle K in 11,147 square feet of space on the fourth floor of the five-story building at 9485 Regency Square Blvd. It is one of two five-floor, 100,000-square-foot structures at the North Regency Executive Park off Interstate 295 and north of Regency Square Mall. Kinasha Corp. owns the property. Jacksonville-based Duckworth Construction Co. is the contractor for the almost $220,000 project. Lane Architecture is the architect. Plans show an office area, six offices, three conference

Circle K is building-out 11,147 square feet of space on the fourth floor of the five-story building at 9485 Regency Square Blvd. It's next door to the headquarters of Crowley Maritime Corp.

rooms, a break room and a reception area. Jack Garnett, the office park representative, said the space is leased but could not confirm the tenant because he is not authorized to comment. Garnett owns Garnett Commercial Real Estate Inc. Circle K is part of Alimentation Couche-Tard, a Quebecbased international owner of gas stations and convenience stores. Circle K’s U.S. headquarters is in Tempe, Arizona. Its 13 U.S. division offices include the South Atlantic Division in Waycross, Georgia. Northeast Florida is in that division. The Circle K website shows more than 100 stores in Northeast Florida. Circle K started in 1951 in Texas. Alimentation CoucheTard bought the company in 2003. Alimentation Couche-Tard's brands include Circle K, Kangaroo Express and On the Run.

Alimentation Couche-Tard bought The Pantry Inc. in 2015 and rebranded Pantry’s area Kangaroo Express Stores as Circle K. In late 2016, Circle K, which operated about 70 locations in greater Jacksonville, started work on its first new construction since it bought the Kangaroo Express stores. That store is at 8837 Beach Blvd. next to the Promenade Shopping Center. More have been developed. A Circle K representative could not be reached by midafternoon Sept. 30.

Darifair building at Flagler Center The city issued a permit Sept. 28 for Stellar Group Inc. to build a $13 million project for Darifair Foods LLC in Flagler Center. The Jacksonville-based food-science company will develop a 42,967-square-foot

Innovation and Technical Center on about 5.06 acres at 13129 Flagler Center Blvd., at northeast Gran Bay Parkway and Flagler Center Boulevard. The foundation permit was approved Aug. 18. Darifair now is based in Mandarin at 4131 Sunbeam Road. It occupies a 13,500-square-foot office building. Plans for the new center show customer service cubicles; a break room-meeting area; storage areas, including for raw materials; a research and development kitchen and a separate show kitchen; research rooms; R&D cubicles; a conference area; and accounting and human resources, among other functions. The company paid $2.1 million Jan. 23 for the development site. The Flagler Center office and industrial park is south of Old St. Augustine Road between Interstate 95 and Philips Highway. Darifair.com says Darifair Foods focuses on creating culinary and food science-focused innovations for restaurants and food manufacturers. Darifair Foods produces and supplies dairy products such as creams, cottage cheese, yogurt, fluid creamers, milk, ice creams, yogurt smoothies, sauces and other dairy products to clients in the U.S. The Block family founded and continues to lead the privately owned company. Arbor Investments, with

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Mr. Taco taking Shack Maui space Mr. Taco Hodges Inc. applied for a certificate of use at 13799 Beach Blvd., No. 1, in Hodges Plaza in the 1,600-square-foot space formerly occupied by Shack Maui. Tiffany Ash with landlord Ashco Inc. said it will be the second storefront location for Mr. Taco in addition to its five food trucks. The first is in Southpoint Plaza shopping center at 6426 Bowden Road. Ash anticipates a grand opening within two weeks. Mr. Taco owner Ludwin Sanchez said he is able to operate five food trucks and two storefronts because of family. “I have my family working with me and that’s how I am able to do that,” he said. He anticipates opening more locations. “Of course we will,” Sanchez said. He is looking for a location in the Orange Park area. “We have a lot of customers who always ask us if we want to come to Orange Park,” Sanchez said. “As soon as we find a good deal, we will open another.” KMATHIS@ JAXDAILYRECORD.COM (904) 356-2466

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DEVELOPMENT NOTES Powers Avenue warehouse: Indianapolis-based Scannell Properties continues to apply for review and permits for its proposed 85,000-square-foot speculative distribution center planned along Powers Avenue, east of St. Augustine Road and west of Philips Highway. Scannell filed civil engineering plans with the city and with the St. Johns River Water Management District. Kimley-Horn and Associates Inc. is the civil engineer. Scannell Properties #458 LLC bought the vacant

7.8 acres Sept. 15 for almost $1.1 million from the Charles W. Bostwick Revocable Trust. The company said the property will be developed with a speculative building for tenants needing from 10,000 to 40,000 square feet of space. Amazon conveyors: The city issued a permit Sept. 24 for Bryan Builders LLC to install a conveyor system for Amazon. com at the online retailer’s fulfillment center at 12900 Pecan Park Road at a cost of $526,781.

AutoZone to Bartram Market: St. Johns County issued a permit for AutoZone to build a 7,147-square-foot store at a cost of $731,500 at 300 Bartram Market Drive in Bartram Market. 7-Eleven to Mandarin: The St. Johns River Water Management District is reviewing

THURSDAY, OCTOBER 1, 2020

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

RETAIL NOTES Wawa to Arlington: The city issued a mobility fee calculation certificate for Wawa at northeast University Boulevard and Arlington Road. The 5,636-square-foot gas station and convenience store is planned on 1.9 acres where several vacant buildings are fenced off. A previous mobility fee certificate expired Aug. 13. Wawa Florida LLC of Orlando bought the site in March. EnVision Design + Engineering is the agent.

an application for 7-Eleven to build a 3,454-square-foot convenience store and gas station at 10560 Old St. Augustine Road in front of the Crossroads at Mandarin shopping center. A closed Bank of America branch office would be demolished. Creighton Construction & Development is the developer. Common Oak Engineering LLC of Winter Park is the civil engineer. C&A Health Club to Mandarin: The city is reviewing civil engineering plans for C&A Health Club at 14801 Mandarin Road. The developer is C&A Health Club Element 26 Property Management LLC. The 7,848-square-foot facility is planned on 1.39 acres. Goodson Bergen and Associates is the civil engineer. A single-family home on the site will be removed.

The Jacksonville Arboretum & Botanical Gardens board of directors elected officers for 2020-21. All are Jacksonville residents. President: Kevin Blalock, a senior director of business development for Intersect ENT, a Menlo Park-based medical device firm. Treasurer: John Burr, former executive editor with the Jacksonville Business Journal and assistant managing editor for The Florida Times-Union and a member of the Groundwork Jacksonville board and the steering committee of Resilient Jax. Secretary: Anne Lewellen, museum curator at the Timucuan Ecological & Historic Preserve. VyStar Credit Union hired Matthew Burgess as chief internal auditor and Dana Karzan as chief marketing officer. Burgess was chief internal auditor at First Financial Bancorp. Karzan led payment marketing at Facebook, where she developed and launched Facebook Pay to more than 120 countries. Stellar Project Developer Kevin Keen is leading the design-build of a 411,500-square-foot poultry-processing plant for Bell & Evans in Fredericksburg, Pennsylvania. Construction began in March and is scheduled for completion in December 2021.

Dr. Christina Monford and Dr. Garrett Karow will open Tropea Dental Care, a full-service family dental practice Oct. 9 at 4445 Town Center Parkway. Monford earned a bachelor’s degree from Florida A&M University. She and Karow both earned Doctorates of Dental Medicine from the University of Florida College of Dentistry. Matthew Rapp was confirmed as the chair of the WJCT board of trustees for the 2021-23 fiscal years. Rapp is senior vice president of championship management for the PGA Tour. WJCT, the community-owned and operated public media organization, also announced three additions to the board: A. Zachary Faison Jr. is president and CEO of Edward Waters College, the state of Florida’s first independent institution of higher learning and Florida’s first higher educational institution established for the purpose of educating African Americans. Hugh Greene served as president and CEO of Baptist Health. He also was CEO of Coastal Community Health. James Liang is an operating partner for Updata Partners and has more than 30 years of experience in investment banking and corporate executive banking.

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Edison building CONTINUED FROM PAGE 1

we fell in love with it,” he said. O’Steen Investment Group LLC, through Edison Property LLC, bought into the BrooklynRiverside area of Downtown with the $825,000 purchase Sept. 18 of the Edison building. Duval County property records show it was built in 1919. The two-story building is at 635 Edison Ave., just off Riverside Avenue and near the 220 Riverside apartment community, the Fidelity National Information Services Inc. headquarters development and the Park Street revitalization. It sits within the Downtown Investment Authority overlay district, an area the city targets for redevelopment. “We like the Riverside area and we definitely like that area because it is up-and-coming,” O’Steen said. “It really is growing.” O’Steen said his group looked “everywhere,” and the Edison offered easy access to Interstate 95 and is convenient to their homes and well-known area autoealerships. The 5,855-square-foot building occupies 0.14 acres at Edison Avenue and May Street. The Edison can be used as commercial or residential space with an open floor plan with restrooms and a kitchen on each of the two floors. O’Steen said the investment group will perform some renovations, such as painting and creating six offices and meeting space.

“The building is in pretty good shape,” he said. He expects that work will be completed in about 60 days. The group is flexible – it can use either the top or ground floor and allow the other to be leased to a tenant, possibly for offices or for retail such as coffee and wine shops. The group had considered four or five locations. Mark O’Steen’s son Chip O’Steen proposed looking near Downtown and found the Edison online. O’Steen, his brother Harold “Hal” O’Steen Jr. and their cousin, Tom O’Steen, are the managers of O’Steen Investment Group LLC. “After we put a pencil to the project, location, the mixed-use ability and the future growth of Brooklyn, the project made perfect sense, along with its major character factor,” said Robert O’Steen, Tom O’Steen’s son and head of corporate development and investments for the investment group. MORE THAN AUTO SALES

The O’Steens are well known for their automotive dealerships. Mark, Hal and Tom O’Steen are partners and officers in O’Steen Automotive Group Inc., which owns O’Steen Volvo and O’Steen Volkswagen in Jacksonville. O’Steen Automotive Group of Georgia owns a Volkswagen and Subaru dealership in Valdosta, Georgia. The three O’Steens along with Chip O’Steen and Jason Archer

Special to the Daily Record

The O’Steens plan some renovations of the Edison, such as painting and creating six offices and meeting space. “The building is in pretty good shape,” Mark O’Steen said. Seller Daryl Bunn lived on the top floor.

are partners in the Georgia dealerships. Chip O’Steen is COO for O’Steen Automotive Group and O’Steen Automotive Group of Georgia. O’Steen Investment Group owns the properties used by the automotive group in Jacksonville, but not the dealership business. It also owns some commercial rental properties, as well as the Edison. The investment group is establishing itself. Robert O’Steen said the group “will continue to evaluate and pursue possible investment real estate deals, dealership acquisitions and other diversification and growth opportunities.” He said there are no plans to reach out to DIA but would welcome a conversation if the authority wants to talk about the building.

The Edison property holds history, having survived for decades before it found itself surrounded by growth in the reviving Brooklyn area. “Yes, I sold my beloved Edison to the O’Steens,” said Bunn, who operated Daryl Bunn Studios on

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the ground floor and lived on the top floor. Eric Maimo of Coldwell Banker Commercial Premier Properties served as a transaction broker and marketed the property. Bunn said that after 43 years of commercial photography and supporting the arts in Jacksonville, he recently returned to Michigan to help care for his parents, in their 90s. He said he wants to thank Jacksonville for its support. Chip O’Steen found the building online. Bunn found it on two wheels. “I got on my bicycle and rode all the streets and saw Edison Avenue,” he said of the building. “It was boarded up. It was very close to being condemned.” He found that florist and caterer Richard Stuart owned it. “He said, OK, you think you’re

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The investment group headquarters now is at 11401 Philips Highway, the O’Steen Volkswagen dealership. Mark, Hal, Tom and Robert O’Steen will have offices in the Edison. Mark O’Steen’s sons Chip and Cody could have offices there eventually. Doug Ison, auto group comptroller, also might have one. Cody O’Steen is a project manager at The Vestcor Companies, a Jacksonville developer that is building apartments throughout Downtown.

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man enough to save that building?” Bunn recalled as Stuart’s challenge. “I was young, strong and stupid and we did a 10-year lease on it starting at $300 a month.” Its many previous uses included Stuart’s Corner House restaurant. When Bunn moved in, the Edison had plywood as a front door and most of the windows were broken out. “What a different neighborhood it was in 1982,” he said. Bunn rented the building for 10 years while restoring it. The rent escalated and Bunn, putting monetary and sweat equity into renovations, asked annually to buy the building. Stuart always said no. But Stuart instructed his estate that after his death to “do everything you can to let Daryl buy the building,” Bunn said. In 1992, Bunn bought the Edison from the estate and renovated the structure three times over the years. Bunn said the building is not designated historic or as a landmark. He didn’t seek those preservation tax credits because he wanted to ensure the Edison was functional, and a designation would direct what he could and couldn’t do. Visitors interested in the building took a last look Sept. 4-6 when China Cat Estate Sales ran the Daryl Bunn Studios sale. It featured artwork and photography by Bunn and others; custom and other furniture pieces; photography equipment; electronics; and miscellaneous items that included a snow shovel and bolts of fabric. Bunn said the snow shovel was from North Carolina property he sold and the fabric was used with a charity display.

Special to the Daily Record

Artist Daryl Bunn moved into the Edison building in 1982 and bought the property in 1992. He renovated the structure three times. He also is a fine art photographer, serigraphy artist, art collector, designer and woodworker.

He wasn’t at the sale, but Facebook friends posted what they bought. “So many things ended up where they will be loved like I loved them and taken care of,”

Bunn said. In a December 2016 profile in the Daily Record, Bunn said he had been a Jacksonville commercial product photographer who

has been producing images for clients for more than 40 years. He also is a fine art photographer, serigraphy artist, art collector, designer and woodworker. Bunn said his passion for photography began when his parents gave him a camera for Christmas in northern Michigan. He spent three years in the Navy as a photographer, which brought him to Cecil Field in Jacksonville. After a brief return to Michigan, he came back to Jacksonville to start a photography business in the back of a frame shop at San Juan Avenue and Blanding Boulevard. He found a niche shooting for advertising agencies, eventually doing tabletop and product work. Bunn’s woodworking included building the kitchen cabinets at the Edison along with some tables used to display his art collection. His fine art photography can be found on the walls of the Mayo Clinic, Baptist Health, law firms and in private collections throughout the area. Bunn, 67, said Sept. 28 it was time to move on. “I did my gig and it treated me extremely well, as did Jacksonville,” he said. Bunn said he supported the arts and the community. “Any charity that wanted to use Edison Avenue, it was theirs for free.” After deciding to sell it, Bunn said he showed the building “hundreds of times” to prospective buyers, and some wanted to tear it down. “It needed a new caretaker and I think the O’Steens will take care of it,” Bunn said. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

THURSDAY, OCTOBER 1, 2020

DEVELOPMENT TODAY These are the largest commercial building permits by job cost issued Sept. 29 by the city of Jacksonville. GOVERNMENT City of Jacksonville, 4242 Herschel St., contractor is Warden Contracting Corp., restroom renovation at Fire Station No. 14, $38,523. OFFICE, BANK, PROFESSIONAL Willens Professional Park, 3003 Claire Lane, No. 401, contractor is Osterer Construction Co. Inc., 1,386 square feet, tenant build-out, $130,000. SIGNS Dragon Asian Supermarket, 10771 Beach Blvd., No. 405, contractor is Advanced Electrical Contractors Inc., two permits for wall signs, $4,900. The Crab Stop, 8180 Merchants Gate Drive, No. 108, contractor is Shark Signs of NE FL Inc., two permits for wall signs, $4,800. Dunkin, DD, 5555 Roosevelt Blvd., contractor is Taylor Sign & Design Inc., four permits for wall, canopy, menu board and clearance bar signs, $4,000. Allergy & Asthma, 2255 Dunn Ave., No. 205, contractor is Heritage Signs Inc., three permits for wall signs, $3,891. Pizza Due Leoni, 10550 Old St. Augustine Road, No. 6, contractor is Shark Signs of NE FL Inc., wall sign, $2,200. LASH JAX, Lash Wax Brows Boutique, 9823 Tapestry Park Circle, No. 4, contractor is Shark Signs of NE FL Inc., wall sign, $2,200.

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MARK BASCH CONTRIBUTING WRITER

Jacksonville-based TrippBio is raising money under SEC crowdfunding rules. Two Jacksonville startup companies filed registration statements with the Securities and Exchange Commission in late September to sell shares, including one working on a possible COVID-19 treatment. TrippBio Inc. is developing drugs based on the research of University of Georgia professor Ralph Tripp, but the company is headquartered in Jacksonville. The company filed for a stock sale under SEC regulations enacted in 2015 to help startup companies raise money through crowdfunding. TrippBio said in its filing it is seeking to raise up to $1.87 million as it develops drugs to fight infectious diseases. “Currently, these efforts are focused squarely on battling the Coronavirus pandemic currently impacting the world,” the SEC filing said. “While the current mission

is to identify and commercialize the repurposing of existing drugs to fight the SARS-CoV-2 virus that causes COVID-19, our vision is to find and commercialize new uses of other existing drugs in the treatment and prevention of a variety of rogue viruses affecting the world.” The money raised through the offering will be used for a clinical trial program of its treatment on COVID-19 patients. The filing said TrippBio has 18 employees.

San Marco brewpub parent also files to sell shares

The parent company of a brewpub opening in Jacksonville’s San Marco neighborhood also filed an SEC registration statement to sell crowdfunding shares. Tezcat LLC, owner of the Melgarejo Tepeyolot Cerveceria, filed to raise between $25,000 and $200,000 in securities it described as “revenue sharing notes” in its SEC filing. Most of the money is targeted for equipment and renovations of its restaurant. Tezcat was founded by Luis Melgarejo, who opened a food truck in August in front of the building he is renovating for the brewpub at 2136 Kings Ave.

Webstar Technology completes IPO

manufacturing plants. Its only facility outside of Asia opened last year in AllianceFlorida at Cecil Commerce Center in West Jacksonville. Chen said JinkoSolar is one of “a few key players” in the solar panel industry that are increasing market share during the economic slowdown. “Many upstream manufacturing companies were forced to reduce inventory and companies lacking product differentiation and cost flexibility struggled to remain competitive,” he said. JinkoSolar’s stock rose from $27.66 before its Sept. 23 earnings report to a high of $41.12 on Sept. 30.

Another Jacksonville-based emerging growth company, Webstar Technology Group Inc., said in an SEC filing it completed an initial public offering of 600,000 shares of stock at 10 cents each Sept. 17. That filing gave no other details. Webstar said in previous filings it was established to operate businesses involving certain licensed and purchased software solutions. It reported revenue of $2,596 in the first six months of this year. The previous filings also said Webstar will attempt to have its shares listed by the OTCQB market after completing its IPO.

Analyst upgrades CSX to 'buy'

Sales, earnings jump at JinkoSolar JinkoSolar Holding Co. Ltd.’s stock jumped higher after the solar panel manufacturer last week reported a big increase in sales and earnings. Second-quarter revenue rose 22.2% to $1.2 billion and the China-based company had adjusted earnings per American Depositary Share of $1.20, up from 71 cents in the second quarter of 2019. “Despite the tough economic environment around the world, total solar module shipments and gross margin for the quarter were all within our guidance range,” CEO Kangping Chen said in a news release. JinkoSolar operates seven

Ahead of its third-quarter earnings report in three weeks, Benchmark Co. analyst Mark Levin upgraded his rating on CSX Corp. from “hold” to “buy.” Levin said the Jacksonville-based railroad company’s Levin stock is trading at 18 times his 2021 earnings estimate, while other large railroads are trading at 21 times earnings. “We think CSX’s discounted valuation reflects investor concerns about coal (17% of 2019 revenue) and its possible impact on future earnings

growth, as well as more limited long-term margin improvement potential than several of its peers,” Levin said in his research note. “Given its reasonable valuation, our view that coal-related headwinds bottomed in 3Q (particularly on the metallurgical coal side), gradually recovering economically-sensitive volumes, and easy comps ahead, we have warmed to the name,” he said. With CSX’s stock trading at $76.58 at the time of his Sept. 25 report, Levin set a $95 price target for the shares.

Ameris Bancorp upgraded Raymond James analyst David Feaster last week upgraded his rating on Ameris Bancorp from “outperform” to “strong buy,” saying its stock has been underperforming the market despite strong growth potential. “The bank is fortunate to be operating in markets with a strong economic backdrop, notably in Atlanta and Florida,” Feaster said in his upgrade note. “Its core Florida and Georgia footprint should benefit from net population in-migration given business friendly climates, and Florida’s lack of a state income tax,” he said. Ameris moved its executive offices last year from Jacksonville to Atlanta. MBASCH@ JAXDAILYRECORD.COM

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THE BASCH REPORT

COVID-19 drug firm, brewpub file for stock sale

JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

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THURSDAY, OCTOBER 1, 2020

BY SCOTT SAILER • Staff Writer

Here are the top 10 commercial real estate sales in Northeast Florida, comprising Clay, Duval, Nassau and St. Johns counties. The sales were recorded Sept. 19-27.

File image

Briggs Equipment Inc. bought the former O’Steen Volvo dealership for $4.2 million Sept. 18.

ST. JOHNS

DUVAL

ST. JOHNS

DUVAL

$7,880,000

$4,200,000

$3,228,350

$2,500,000

$2,400,000

St. Johns Parkway, Saint Johns

2525 Philips Highway and 2111 York St., Jacksonville

6015 Argyle Forest Blvd., Jacksonville

CE Wilson Road, St. Augustine

9621 Florida Mining Blvd. E., Jacksonville

Type: LongHorn Steakhouse Parcel size: 1.22 acres Building size: 5,288 square feet Buyer: FCPT Holdings LLC Seller: Rare Hospitality Management LLC Previous sale: $1,850,000 in 2019

Type: Undeveloped residential Parcel size: 30.6 acres Buyer: Forestar (USA) Real Estate Group Inc. Seller: Juanita V. Wilson, the Wilson Trust Agreement and Marvin J. and Janice R. Wilson

Type: Parliment Building Products warehouse Parcel size: 5.09 acres Building size: 39,000 square feet Buyer: AEL CP LLC Seller: CCW Partnership

Type: Undeveloped singlefamily subdivision Parcel size: 57.21 acres Buyer: Land Planners Development II LLC Seller: White’s Ford Timber LLC

Type: Material handling equipment sales and service Parcel size: 3.4 acres Building size: Four buildings totaling 26,420 square feet Buyer: Briggs Equipment Inc. Seller: O’Steen Volvo Land LLC Previous sale: $1,196,300 in 2003

NASSAU

DUVAL

ST. JOHNS

$2,397,400

$2,232,233

$2,030,654

$1,975,000

$1,765,000

Florida 200, Yulee

3005 Post St., Jacksonville

9370 Atlantic Blvd., Jacksonville

15 16th Ave. N., Jacksonville Beach

3400 Agricultural Center Drive, St. Augustine

Type: 38 residential lots in Tributary Phase 1A Unit One Parcel size: Not available Buyer: Lennar Homes LLC Seller: Three Rivers Developers LLC

Type: Dollar General Parcel size: 0.91 acres Building size: 7,500 square feet Buyer: MacLeod-Couch Realty LLC Seller: Concept Development Inc.

Type: Pollo Tropical Parcel size: 0.95 acres Building size: 3,858 square feet Buyer: B&P Realty and Management LLC and Lenlo Realty LLC Seller: Pollo Operations Inc. Previous sale: $775,000 in 2015

Type: Multifamily Parcel size: 0.16 acres Building size: 4,066 square feet Buyer: 15 16th Ave N LLC Seller: Keith M. Frazier and Arianne Chavez-Frazier Previous sale: $814,000 in 2015

Type: Office, warehouse, light manufacturing Parcel size: 3 acres Building size: Three buildings totaling 17,076 square feet Buyer: Fuzion Properties LLC Seller: KS Holding Co. LLC Previous sale: $1,380,000 in 2015

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THE MARBUT REPORT

New format for the Freed to Run fundraiser Nemours Children’s Specialty Care, Jacksonville, UF Health Specialty Pediatric Clinics and Community PedsCare, a pediatric program of Community Hospice & Palliative Care. Visit jaxlegalaid.org/freedtorun/ to register or donate.

Jenkins, Kaleel join Farah & Farah

MAX MARBUT ASSOCIATE EDITOR File image

For the first time the final part of the 6-leg marathon event will be on Saturday. Freed to Run 4.0 still will feature six marathons in six days, Nov. 16-21, from Tallahassee to Jacksonville, but for the first time the final leg will be on Saturday and the route will conclude with a 14-mile home stretch on the Baldwin Trail. Freed to Run founder and Gunster shareholder Mike Freed said the change was made to allow greater participation in the annual fundraiser for the Freed to Run 4.0 Northeast Florida Medical Legal Partnership endowment at Jacksonville Area Legal Aid. “Having the sixth marathon and the 5K on a Saturday will make it easier for folks who work Monday through Friday to participate. Due to the pandemic, we wanted to make sure everyone could participate in the way that felt safest

Cindy Reynolds, chief philanthropy officer at Baptist Health Foundation, presented Baptist matched funds for the Northeast Florida Medical Legal Partnership endowment to Jacksonville Area Legal Aid President and CEO Jim Kowalski and Mike Freed, right, after the 2019 Freed to Run.

to them. Teams can even run a virtual marathon, making the handoff at the end of each leg via Zoom or however they choose,” Freed said. Freed runs all six marathons along the back roads of North Florida, beginning the first at the state Supreme Court and ending at the Duval County Courthouse. So far, 14 teams are registered. Many will be participating for the third consecutive year, including teams from the 4th Judicial Circuit State Attorney and Public Defender’s offices. Returning private law firms include Abel Bean; Akerman LLP; Fisher Tousey, Leas & Ball; and Harrell & Harrell. A new team this year, “Back It Like It’s Hot,” is led by event co-chairs Drs. Nayla and Ali Chahlavi, who have pledged to raise $10,000.

Donations help support the endowment for the Northeast Florida Medical Legal Partnership, which addresses the civil legal needs of the region’s pediatric patients and their families, and are matched at 125% by Baptist Health. The Northeast Florida Medical Legal Partnership is part of a nationwide network of projects in which professionals from the medical and legal communities combine resources to produce outcomes for low-income and vulnerable patients that positively impact their health and ability to thrive. Jacksonville Area Legal Aid serves about 200 children and their families each year through the partnership, providing civil legal aid free of charge to patients of Wolfson Children’s Hospital,

Let a Board Certified CiviL triaL Lawyer JBA GOVERNOR SINCE 2013

New partners at Sodl & Ingram Miriam Hill and Beth Rothenberg joined Sodl & Ingram as partners in the firm’s Downtown Jacksonville office. Hill is a corporate and real estate attorney who advises clients on transactions such as mergers and acquisitions, purchase-and-sale agreements, corporate governance and financing transactions. A graduate of Florida State University College of Law, she was admitted to The Florida Bar in 2011. Before joining Sodl & Ingram, Hill operated a law practice based in Amelia Island. She recently was elected to the Nassau County Ocean Highway and Port Authority. Rothenberg is a real estate attorney who focuses on environmental, health and safety law. She was admitted to The Florida Bar in 2007 after graduating from George Washington University Law School. Rothenberg previously was a partner in the Jacksonville offices of Holland & Knight and McGuireWoods. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466

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Two attorneys joined Farah & Farah’s office in Jacksonville. Kenneth Jenkins was a claim specialist and a bodily injury representative for insurers, including State Farm, Progressive, AIG and Kemper Insurance. While working in the insurance industry, Jenkins received a General Lines Agent’s License and the Florida Adjusters License. A 2007 graduate of Florida Coastal School of Law, he was president of the Black Law Students Association for two years and a member of the school’s Thurgood Marshall Mock Trial Team. Joshua Kaleel started working in the legal industry as a runner at the age of 17. After graduating from Florida Coastal School of Law, he was admitted to The Florida Bar in 2008 and then defended breach of warranty claims and lemon law claims for car manufacturers including Ford Motor Co., Suzuki, Volkswagen and Mitsubishi. Before joining Farah & Farah, Kaleel ran his own law firm,

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THE BAR BULLETIN

THURSDAY, OCTOBER 1, 2020

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM

PRO BONO FROM THEPRESIDENT PRESIDENT THE

CELEBRATING HISPANIC HERITAGE MONTH

INSIDE

PRO BONO

Celebrate Pro Bono Week is Oct. 25-31 “Rising to meet the challenge: Pro bono responds to COVID-19” is this year’s theme. PAGE 12

COMMENTARY

Whistleblowers: More vital than ever Whistleblowers consistently have been the main mechanism in detecting and reporting fraud. PAGE 14

Special to the Daily Record

Clockwise from top left, Jacksonville Bar Association Executive Director Craig Shoup, Broward County Bar Association Executive Director Braulio Rosa, JBA President Michelle Bedoya Barnett and Circuit Judge Tatiana Salvador, recipient of The Florida Jurist: Recognizing Hispanic Excellence Award.

Circuit Judge Tatiana Salvador is recognized for excellence.

MICHELLE BEDOYA BARNETT JBA PRESIDENT

hat do Sofia Vergara, James Rodriguez, Shakira and Circuit Judge Tatiana Salvador have in common? It’s not their soccer skills (although I happen to know Judge Salvador’s son is a very talented soccer player), their acting skills or their dance moves (although I’ve heard the judge can salsa). Rather, it’s that their roots all stem from the country of Colombia. Each year in the U.S., we observe Hispanic Heritage Month, from Sept. 15

to Oct. 15, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America. It gave me great pleasure to present The Florida Jurist: Recognizing Hispanic Excellence Award to Judge Salvador on Sept. 17 to kick off Hispanic Heritage Month. She was recognized, along with circuit judges in Broward and Dade

YOUNG LAWYERS

A big change in college athletics Florida college athletes will be allowed to profit from the use of their name, image and likeness, beginning as early as July 2021. PAGE 13

SEE BARNETT, PAGE 15

COMMENTARY PRO FROMBONO THE PRESIDENT

Don’t forget that practicing law is a people business We are fortunate to have a tightknit legal community in Jacksonville.

TIM MILLER YOUNG LAWYERS SECTION BOARD OF GOVERNORS

Although it may seem like ages, it was not long ago that fall meant the long, hot summer days would be winding down and opening your front door meant starting your day with crisp, cool autumn air. Children were ready to begin their new adventure in a new classroom and off in the distance, the sound of a marching band

meant that high school football was just around the corner. To say the least, 2020 has been a surprise. Looking back from New Year’s Eve when the ball dropped in Times Square to where we are now, one would not have imagined what we as a community have endured, from a worldwide pandemic that has affected the

way we live our lives to issues that continue to plague this nation, such as social injustice and police reform. This year has made it nearly impossible to focus on anything but the negative aspects of 2020. Mental health issues across the country have skyrocketed and as I write this article, there frankly does not seem to be an end in sight to what ails us as a nation. The novelty of working from home has worn off and happy hour via Zoom does not feel the

same as catching up with those you care about at your favorite establishment. The negativity surrounding the year really makes me think about what I miss most about years past. I found that it’s the simple pleasures. Like running into an old friend in the halls of the courthouse (if anyone can remember those days) or getting ready the morning before a trial and making SEE MILLER, PAGE 15

THE BAR BULLETIN

THURSDAY, OCTOBER 1, 2020

JBA CALENDAR

PRO WEEK 2020: OCT. 25-31 FROMBONO THE PRESIDENT

COMMITTEE MEETINGS For all meetings, register at jaxbar.org OCT. 6 Professionalism

Noon, remote or in-person

OCT. 8 Veteran & Military Affairs Noon, remote

OCT. 13 Elder Law

Noon, remote or in-person

OCT. 14 Solo & Small Firm

Noon, remote or in-person

UPCOMING EVENTS OCT. 16 Jacksonville Bar Association Member Barbecue 11 a.m., St. Johns River Northbank

A year like no other

“Rising to meet the challenge: Pro bono responds to COVID-19” is the theme of this year’s week.

MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR In October 2009, the American Bar Association established Celebrate Pro Bono Week to recognize the service of attorneys providing assistance to lowincome people, to recruit more volunteer attorneys and to build awareness of free civil legal services. This tradition continues, and our legal community is a strong participant each year. This year’s Celebrate Pro Bono Week is Oct. 25-31. The theme is “Rising to meet the challenge: Pro bono responds to COVID-19.” The need for pro bono civil legal services in our community is always immense but this year has been like no other because of the pandemic. Attorneys are encouraged to volunteer to assist with a case or outreach event. We have planned a full schedule of events and opportunities to help you get involved: The Eviction Defense Self Help Project, every Wednesday from 1-4 p.m.

This weekly pro bono clinic assists tenants of private landlords to complete answers to eviction summons and in taking steps to get conditions in their homes corrected and to legally withhold rent. Volunteer attorneys are provided training, mentoring and support and do not need experience in landlord-tenant law. Contact Missy Davenport at missy. davenport@jaxlegaladir.org if you would like more information about the project. Free general legal advice clinic with Jericho Road Legal Service Ministry and Three Rivers Legal Services, 10 a.m. to 4 p.m., Oct. 17. Interested attorneys may contact Sarah Sullivan at sarah.sullivan@trls. org. Free family law legal advice clinic with Florida Family Law American Inn of Court and Three Rivers Legal Services, 5-8 p.m., Oct. 27. Interested attorneys may contact Sarah Sullivan at sarah.sullivan@trls. org. William A. Van Nortwick Jr. Pro Bono Awards virtual Presentation of the Pins Ceremony, TBD, Oct. 30. Fourth Circuit Chief Judge Mark Mahon and Circuit Judges Steven Fahlgren, John Guy and Virginia Norton; the 4th Circuit Pro Bono Committee; and The Jacksonville Bar Association Pro Bono Committee will recognize attorneys who donated at least 20 hours of their time in 2019.

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

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

Keynote speakers Samuel Jacobson and William Sheppard will discuss Papachristou v. City of Jacksonville, in which the U.S. Supreme Court held that local vagrancy laws were unconstitutional. Free virtual general legal advice clinic with the Jacksonville Bar Association, D.W. Perkins Bar Association and Jacksonville Area Legal Aid Ask A Lawyer Free Legal Advice Clinic, 9 a.m.-noon, Oct. 31. Interested attorneys may contact Missy Davenport at missy.davenport@ jaxlegalaid.org. Jacksonville Area Legal Aid intake night and case acceptance forum with the Christian Legal Society at City Rescue Mission, 6-8 p.m., Nov. 5. Attorneys provide legal guidance to residents in the Life Builders program. Attorneys may accept a case for followup after the intake night. Interested attorneys may contact Blane McCarthy at bgm@bgmccarthy. com. Thanks to all of the volunteers who have donated their time, energy and expertise to help the community over the past year. Your contributions are appreciated and have improved the lives of the many people you have assisted. Attorneys interested in these and other pro bono opportunities in the 4th Judicial Circuit may contact Missy Davenport, chair of The JBA Pro Bono Committee at missy.davenport@ jaxlegalaid.org.

BOARD OF GOVERNORS MEMBERS Brian T. Coughlin Bedell Firm

Shannon Schott Plata Schott

Christian P. George Akerman

Asghar A. Syed Gunster

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

Cyndy Trimmer Driver McAfee Hawthorne & Diebenow

Adina Pollan, Pollan Legal

Lindsay L. Tygart Coker Law

Join the Jacksonville Bar Association for a free member barbecue and blood drive at the former Jacksonville Landing property Downtown. We encourage everyone to wear team colors to the event. This is a member-only event. OCT. 21 Jacksonville Bar Association Member Luncheon

Noon, remote or in-person at the Omni Jacksonville Hotel

Florida State University College of Law Dean Erin O’Hara O’Connor joins us to talk about the future for lawyers that COVD19 is shaping. Because of capacity limits, seating at the Omni is not guaranteed for walk-ins. OCT. 30 Presentation of The Pins

Noon, virtual event

Attorneys in the 4th Judicial Circuitt who’ve performed at least 20 hours of pro bono service in the previous calendar year are recognized at the annual Presentation of the Pins Ceremony. Your hours have already been submitted if you provided services through Guardian ad Litem, Jacksonville Area Legal Aid, the JBA Attorney Ad Litem Project, Missing Link, the Northeast Florida Medical Legal Partnership, the Office of Public Defender Special Assistant Public Defender Program or Three Rivers Legal Services.

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.”

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

THE BAR BULLETIN

THURSDAY, OCTOBER 1, 2020

YOUNG LAWYERS FROM THE PRESIDENT

Student athletes may profit from their name, image and likeness

VALEEN ARENA JBA YOUNG LAWYERS SECTION BOARD OF GOVERNORS

The Intercollegiate Athletic Compensation and Rights Bill takes effect in July. The way we recruit for—and root for—college sports may change as early as next year. This summer, Gov. Ron DeSantis signed into law the Intercollegiate Athlete Compensation and Rights Bill. For the first time, Florida college athletes will be allowed to profit from the use of their name, image, and likeness, beginning as early as July 2021. Colorado and California have enacted similar legislation, but Florida’s law will take effect 18 months earlier than in those states, in time for next year’s college sports season. Around two dozen other states have similar bills in the legislative process. Given the timing of the Florida law’s start date, other states may feel pressure to act quickly. Florida could have a competitive recruiting advantage for prospective college athletes hoping to profit from the use of their name, image or likeness. The new law has some restrictions: A student athlete’s compensation must be commensurate with market value of the authorized use. This is to preserve the integrity, quality, character and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports. In addition, student athletes may not receive compensa-

tion for athletic performance or attendance. Compensation may only be provided by a third party that is unaffiliated with the athlete’s school. Athletes must disclose the terms of any contracts to their schools, and they may be prohibited from entering a contract if it conflicts with any of the school’s contracts. Still, the new law is a big change, giving college athletes freedom to profit from their own names. Under the new law, individual athletes can market and create a real brand for themselves, separate from their college brand and mascot. On the other hand, college brands may suffer if fans begin rooting only for the individual player rather than the overall team. Colleges work hard to keep their players under the team umbrella to build the reputation and prestige of their brand. Think how young athletes may grow up dreaming of playing for the University of Florida Gators, for example. Part of that draw is the team name and what it stands for, something colleges will want to continue to build and protect. It will be an important balancing act for colleges between team culture and a star player who may draw in revenue and a huge fan base. If every player is individually promoted, the effect could trickle down to fans and future players not prioritizing their teams. Loyalty issues could arise. Larger and more established colleges may be more open to these new laws because they already have a strong fan base. Smaller and less established colleges may shy away from star players, wanting to spend time developing their team name. Alternately, we may see smaller colleges use the new law as a recruitment selling point to draw star players who want more leeway to develop their own brand. The new law has broader implications for Florida intellectual property law as well. It’s a huge step toward protecting

an artist’s rights regarding his or her work, talent and reputation. Eventually, this could expand to laws related to other professions. It also encourages more invention, more brands and more competition overall. The challenge for this new law will be keeping the interests balanced for all parties, including fans and families. During this time of COVID-19,

whether a sports fan or not, we’ve gained a new appreciation for sports and the role they play in our communities. We may have taken for granted the culture and community that sports bring to our lives. Next season, student athletes who work hard and do great things for their teams, their colleges and their communities may be compensated.

Will the new law change how you support your favorite players or college teams? Valeen Arena is an attorney at the Bedell Firm. Her practice focuses on civil litigation. She is a member of the JBA Young Lawyers Section board of governors and is The Florida Bar Young Lawyers Division 4th Circuit representative.

LEGAL BRIEFS

Upcoming CLEs Register at jaxbar.org OCT. 6 YLS Virtual CLE: Out of The Shadows in the Sunshine State: LGBTQ+ Laws in Florida Noon, webinar 1.0 CLE credit and 1.0 bias elimination credit OCT. 7 Family Law Seminar presented by Soberlink 8:15 a.m., remote or in-person 4.0 CLE credits and 4.0 marital and family law certification credits pending accreditation by The Florida Bar

OCT. 9 Virtual CLE: Victims of Domestic Violence and Their Interactions with the Court System Noon, webinar 1.0 CLE credit pending accreditation by The Florida Bar OCT. 13 Virtual CLE: Sidebar Luncheon: There’s An AO for That? Noon, webinar 1.0 CLE credit and 1.0 civil trial certification credit pending accreditation by The Florida Bar

OCT. 14

OCT. 22

Virtual CLE: The Intersection of Technology & Ethics Noon, webinar 1.0 CLE/ethics/technology credits pending accreditation by The Florida Bar

Virtual CLE: Economic Opportunity and Environment Justice Noon, webinar 2.0 CLE credits pending approval by The Florida Bar

OCT. 16

OCT. 23

Virtual CLE: Victims of Domestic Violence and The Local Resources to Help Them Noon, webinar 1.0 CLE credit pending approval by The Florida Bar

Virtual CLE: Navigating the Immigration System for Undocumented Victims of Domestic Violence Noon, webinar 1.0 CLE credit pending approval by The Florida Bar

THE BAR BULLETIN

THURSDAY, OCTOBER 1, 2020

COMMENTARY FROM THE PRESIDENT

Whistleblowers can save us HOW IT WORKS

BRADLEY BODIFORD ATTORNEY AT TERRELL HOGAN

The coronavirus pushed the government into a “pay and chase” scenario. The unprecedented $5 trillion approved in recent federal stimulus packages will help millions of people in need, but it also attracts shady operators looking to defraud the government and make a quick buck. Whistleblowers consistently have been the main mechanism in detecting and reporting fraud, even more successful than law enforcement agencies, internal auditing, management review and other reporting mechanisms combined. Statistics from the U.S. Department of Justice show that whistleblowers uncover 70% of the civil frauds recovered by the government. In 2019, of the $3 billion recovered from fraudsters, $2.1 billion is attributed to whistleblowers who first detected and then reported the fraud. Whenever emergency funding is provided, fraud rates increase because the government isn’t able to implement effective antifraud systems before distributing the money. This leaves the government in a “pay and chase” scenario where whistleblowers are more vital than ever.

Anyone with personal knowledge of a fraud committed on the government can be a whistleblower as long as their information is not previously known to the government. Whistleblower cases typically are filed under seal by a private attorney, and the DOJ then has the option to intervene and prosecute the case on behalf of taxpayers.

WHY COME FORWARD?

Whistleblowers are entitled to a share of the financial recovery obtained from the fraudster. Under the most commonly used authority, the False Claims Act, whistleblowers may be awarded 15% to 30% of the amount recovered. There also are laws in place to protect whistleblowers from being unfairly retaliated against by employers. In my experience, most whistleblowers just want to do the right thing and are relieved after reporting the suspected fraud.

COMMON CORONAVIRUS SCHEMES

While new schemes are always being developed, three types of government funding are particularly susceptible to fraud in the COVID-19 scenario. First, many companies have taken advantage of the Paycheck Protection Program. The DOJ already has criminally charged 57 people for defrauding the PPP program. The number of civil prosecutions is expected to be exponentially higher. Former California Banking Commissioner Walter Mix estimated that 10% to 12% of the PPP applications submitted were fraudulent in some fashion. The schemes vary, but some have fraudulently certified the number of employees, the necessity for the loan or made improper use of the funds.

Second, medical billing fraud is being committed against government health insurers including Medicare, Medicaid and Tricare. Some of the most common scenarios are overbilling for health care services, such as telehealth visits, or billing for inadequate or worthless medical services. The DOJ recently rolled out a new nursing home enforcement initiative to combat this latter type of fraud. Third is procurement fraud. It is only as limited as the creativity

of fraudsters, but often involves the delivery of inferior goods, price gouging, kickbacks or bribery, or collusive efforts to undermine a fair bidding process. Procurement fraud was the catalyst for creating the False Claims Act during the Civil War because contractors were supplying the Union Army with inferior weapons and horses. TAKING ACTION

The DOJ is making coronavirus-related fraud schemes a top priority by designating a prosecutor in each district

around the country to serve as a coronavirus fraud coordinator. If you believe you might be able to save taxpayer money and serve as a whistleblower, time is of the essence. Every dollar recovered from fraud can be redistributed to those who need it most. Bradley Bodiford is a former federal and state prosecutor and an attorney at the Terrell Hogan law firm representing those harmed by fraud, defective products and negligence.

COMMENTARY FROM THE PRESIDENT

Stimulus payments bring needed financial relief Anyone who did not receive their stimulus check needs to apply online by Oct. 15. BY GLORIAN MAZIARKA & NATALIE MAXWELL

The IRS has launched a nationwide campaign to help identify people who still have not received their Economic Impact Payment, also called “EIP” or “stimulus payment.” Anyone who did not automatically receive their stimulus check needs to apply online by Oct. 15. If a filer misses the deadline, they do not lose the stimulus payment, but have to claim it on their 2020 federal income tax return as an EIP credit. The stimulus payment, $1,200 for individual adults and $500 for each dependent child, are critical to people experiencing financial hardship during the

Maziarka

Maxwell

economic crisis. An estimated 9 million Americans who do not regularly file income tax returns have not received a stimulus check. Through the Low Income Taxpayer Clinic, Three Rivers Legal Services is helping eligible clients address issues with applying for or receiving their stimulus payments. With the support of volunteer attorneys and law students, the project also helps eligible clients in disputes with the IRS, including audits, appeals, collections, tax debt relief and more. An individual is eligible to receive the stimulus payment if their income is less than

$75,000 a year if they are single or married filing separately, or $150,000 a year if married filing jointly; and if the individual, and the spouse if applicable, has a Social Security number (with the exception of military married couples where only one spouse is required to have a Social Security number); and someone cannot claim the individual on their tax return. The payment is not affected by student loan or IRS debt. It also does not affect any benefits the individual receives and is not taxed. The only barrier to receive the IRS stimulus payment is child support debt. In that case, the stimulus payment will be intercepted and applied toward that obligation. Most people should have received their payment automatically, including those who filed taxes in 2018 and/or 2019 or who receive Social Security benefits, Supplemental Security

Income, Social Security Disability Insurance, Veteran Affairs benefits and/or Railroad Retirement Benefits. The IRS typically will send the payments via direct deposit to the bank account or to the address that is on the taxpayer’s file. For non-filers, individuals who do not usually file taxes because they are not required to do so by the IRS, they have to apply online for their stimulus payment. The IRS created the IRS Non-Filer Tool on the IRS website, which can be accessed at https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here. For people who do not have internet access or are not comfortable using online tools, the IRS has a phone line available at (800) 919-9835, where individuals can call to check the status of their payment and/or apply for their stimulus check. One group of non-filers that

has been hard to reach are people experiencing homelessness. Not having a home address presents significant challenges both in applying for and receiving a stimulus payment. Another group of people that has not been receiving their payments are those who file taxes or receive benefits, but have moved or changed bank accounts since they last filed their return. If the information the IRS has on the taxpayer’s file has changed and the individual has not updated their file with the IRS, the payment may not be received. If you have a question about stimulus payments, call (866) 256-8091 or visit trls.org. Glorian Maziarka is a contract attorney for Three Rivers Legal Services focusing on housing and stimulus payment issues. Natalie Maxwell is director of advocacy and litigation at Three Rivers Legal Services.

THE BAR BULLETIN

THURSDAY, OCTOBER 1, 2020

Daily Record file photo

Before COVID-19, Jacksonville Bar Association members and guests regularly gathered at the Omni Jacksonville Hotel for lunch, business and fellowship.

Miller: Reach out to help fill communication void CONTINUED FROM PAGE 11

sure all my ducks were in a row or participating in the events that we are lucky to have provided by our Jacksonville Bar Association. As I further thought about what I miss most, I realized that the common denominator in all of this was people. Despite the modern age we live in and technology we never imagined would

be possible, as attorneys, we still are in a people business. Our ability to reach common ground, pull in the same direction and compromise with other people is what makes us better at our jobs and effective advocates. To go from constant interaction with people on a daily basis to having to call ahead to see if a restaurant is open for lunch during the middle of the week was quite the change for everyone

and I have seen it take its toll. While the JBA has done an outstanding job of maintaining its programing and our law offices have attempted to maintain life as close to normal as possible, there sometimes seems to be a bit missing. Calling an old friend that you haven’t spoken to in quite a while or checking on a family member that you don’t get to speak to as often as you’d like could be ways

to help fill the void. We are fortunate to have a tightknit legal community in Jacksonville. We should not take for granted that because of that, we can be friends with folks we have not practiced with or are even in the same field. This is because our legal community knows it’s all about people. The numbers you can dial on your cellphone mean far more than the GPA recorded on

your transcript. Kindness, friendship and compassion are what make this legal community truly special. My hope is that our secret gets out as I feel it would make the nation a better place. Tim Miller is a litigation attorney at Harris Guidi Rosner specializing in criminal defense, family law and civil matters.

Barnett: I proudly celebrate my Hispanic heritage CONTINUED FROM PAGE 11

counties, Palm Beach and St. Petersburg. With keynote remarks from state Supreme Court Justice John Couriel, the inaugural virtual event was a coalition of Bar associations including the Broward County Bar Association, Broward County Hispanic Bar Association, Hispanic National Bar Association, Cuban American Bar Association, North Dade Bar Association, South Palm Beach Bar Association, Palm Beach Bar Association, Palm Beach Hispanic Bar Associa-

tion, St. Petersburg Bar Association, Puerto Rican Bar Association, Escambia Santa Rosa Bar Association and Jacksonville Bar Association. In preparing my introduction of Judge Salvador, I was reminded of how credentialed she is and was overcome by the same pride I had in 2012 when I had the privilege of serving on the Judicial Nominating Commission for the 4th Circuit and reviewed her application for the bench. In addition to outstanding academic credentials, including graduating with honors from The Bolles School, Duke

University and the University of Florida Levin College of Law, Judge Salvador’s professional career mirrors the success of her academic achievements. She is the first Hispanic circuit judge in Clay, Duval and Nassau counties. I appreciate the path that led her to serve our circuit and the people of this great state. Over the years, I have heard my parents (also from Colombia) speak of the many sacrifices they endured coming to America and charting a path in a new country with a new language and a different culture. These are sacrifices that they

endured for their childrens’ benefit more so than for theirs. Despite their many sacrifices, I have no doubt that our parents would tell you that leaving their homeland and moving to this country is the best decision they ever made. This month, I proudly celebrate my Hispanic heritage. The celebration is one of gratitude for the bravery of my parents and gratitude for a country and a people who have allowed immigrants, like Judge Salvador’s family and my family, to contribute in a meaningful way while still embracing our Hispanic

culture. It also is gratitude for the many people along the way who have embraced our cultures and celebrated our differences and gratitude for immigrants, and children of immigrants like Judge Salvador, who have seized the opportunities presented to them to contribute in a positive way and help make this country the land that it is. Michelle Bedoya Barnett is a founding partner of Alexander DeGance Barnett, focusing on labor and employment law.

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JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

THURSDAY, OCTOBER 1, 2020

JaxDailyRecord.com

Top 10 home sales of week BY SCOTT SAILER • STAFF WRITER

Here are the top 10 single-family residential real estate sales in Northeast Florida, comprising Duval, Nassau and St. Johns counties. The sales were recorded Sept. 19-27.

DUVAL

$4,800,000 2626 River Road, Jacksonville Type: Single-family Lot size: 0.96 acres House size: 8,321 square feet Buyer: Beauregard Family Trust Seller: Ian J. and Shannon M. Hardington Previous sale: $1,825,000 in 2002

About the property: St. Johns River waterfront two-story Nantucket Coastalstyle home. Features six bedrooms, 7½ baths, guest cottage, pavilions, pool, pool house and six-car garage.

ST. JOHNS

DUVAL

NASSAU

$3,400,000

$2,100,000

19 N. Roscoe Blvd., Ponte Vedra Beach

13731 Barkley Manor Court, Jacksonville

734 Ocean Club Place, Fernandina Beach

Type: Single-family Lot size: 0.92 acres House size: 5,083 square feet Buyer: James N. and Jessica L. Arthur Seller: Dennis and Rebecca W. Rosa Previous sale: $2,600,000 in 2017

Type: Single-family Lot size: 0.96 acres House size: 6,318 square feet Buyer: Ronald J. and Judith Wilson Seller: William M. and Gail M. Cobb

Type: Ocean Club Villas Condominium Condo size: 3,230 square feet Buyer: Rahul Sangwan Seller: William G. and Kiddy B. Garrett, Mary B. Garrett and the William W. Garrett Trust Previous sale: $1,800,000 in 2019

DUVAL

$1,655,000

$1,410,000

5171 Yacht Club Road, Jacksonville

5238 Commissioners Drive, Jacksonville

Type: Single-family Lot size: 0.46 acres House size: 4,625 square feet Buyer: Walter and Mary C. Chrietzberg Seller: Deborah E. and Christian Berdy Previous sale: $1,460,000 in 2017

Type: Single-family Lot size: 0.35 acres House size: 4,352 square feet Buyer: Enrique F. Elli and Cinita Borghetti Seller: Joe G. El Khoury

DUVAL

$1,575,000

$1,370,000

50 S. Third Ave., No. 1101 Jacksonville Beach

13861 Bella Riva Lane, Jacksonville

Type: WaterMark Condominium Condominium size: 2,875 square feet Buyer: Sharokh N. and Diane L. Kapadia Seller: Ronald P. Carzoli, Jr. and the Ronald P. Carzoli, Jr. Family Trust Previous sale: $1,180,000 in 2014

Type: Single-family Lot size: 0.7 acres House size: 4,150 square feet Buyer: Ryan J. and Kara Trzasko Seller: Showcase Properties LLC

NASSAU

DUVAL

$1,500,000

$1,300,000

130 Sixth St. N., Fernandina Beach

2941 Forest Circle, Jacksonville

Type: Single-family Lot size: 0.18 acres House size: 4,416 square feet Buyer: Robert J. and Mary J. Sheroff Seller: Robert and Jeffrey Hortsman and The Wind-Up Trust Previous sale: $525,000 in 2005

Type: Single-family Lot size: 1.13 acres House size: 6,695 square feet Buyer: Patricia A. Lewis Seller: Thomas R. and Dee A. Hackney

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