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For Jacksonville millennials, student loans aren’t their biggest debt PAGE 4

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SAVING

Falling apart and nearly knocked down to make way JACKSONVILLE for a parking lot, the historic Downtown structure is being restored for luxury apartments.

The tile entrance to the building is being restored.

City looks to stem internet cafe boom

Record & Observer

ELENA FLATS Record & Observer

Council member plans to introduce legislation in an attempt to keep more from opening.

JACKSONVILLE

BY DAVID CAWTON STAFF WRITER

JACKSONVILLE

Of the hundreds of internet cafes that have opened in strip malls across Jacksonville, only 90 have obtained a certificate of use, according to the city of Jacksonville. The Planning and Development Department is working with City Council to find a solution to their growth. Council member Al Ferraro intends to introduce legislation this month that would place a six-month moratorium on issuing certificates of use for anyone trying to open an Ferraro internet cafe. “We may not be able to shut them down, but we can stop more from opening up until we have a handle on it,” he said. Ferraro, who represents District 2 in East Jacksonville, said he’s tired of seeing internet cafes opening “on every corner.” “We’re not trying to hurt the legitimate businesses,” he said. “Just the ones which are running away and taking advantage of the system.” Ferraro and other council members said the internet cafes are operating as adult arcades, which are illegal in Florida. Internet cafes, which allow people to purchase time to access

Record & Observer Photos by Karen Brune Mathis

Elena Flats at 122 E. Duval St. opened about 1909 and over the years served as apartments and a rooming house before falling into disrepair and facing demolition. It is being renovated by investors Jack Meeks and JoAnn Tredennick.

BY KAREN BRUNE MATHIS EDITOR

t’s been inhabited by college students, a future deputy sheriff and businessmen as well as by rooming-house tenants paying $125 a week. They all played a part in the life of Elena Flats, which opened about 1909 with four apartments after the Great Fire of 1901 destroyed much of Downtown. In its 109 years, uses ranged from a boarding house to a 25-unit rooming house to nothing but a vacant, deteriorating building. It came close to demolition for use as a parking lot, but now it’s being restored at a projected cost of $2.8 million to offer four luxury apartments to be rented for

about $2,500 a month. Investors Jack Meeks and JoAnn Tredennick bought the almost 7,000-square-foot building at 122 E. Duval St. in 2015 and hope to complete renovations and restoration of the historic structure next year. “They built after the fire for the professional class,” Tredennick said. “This was pretty high-end.” Architects Melody and Bill Bishop are working with Meeks and Tredennick on the project. Bill Bishop, a former City Council member, said the building was “one vote away from the wrecking ball” when Meeks and Tredennick stepped in. SEE ELENA FLATS, PAGE 8

The Mathis Report: Wawa working on its 20th area store PAGE 3 Basch Report: Jacksonville stocks underperforming market PAGE 6 OBSERVER MEDIA GROUP

From left, architect Bill Bishop, building owner JoAnn Tredennick and architect Melody Bishop are working on the project to restore the Elena Flats.

SEE CAFES, PAGE 8

YOU SHOULD KNOW

Bill Hughes, a 22-year veteran of the PGA Tour He choose golf over football. PAGE 20 VOLUME 1, NO. 18 • ONE SECTION

WHAT’S TRENDING

Page 2 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

ENTERTAINMENT Brees offers insight into Surge Adventure Park New Orleans Saints quarterback Drew Brees expects his Surge Adventure Park at the Regency Court Shopping Center at 9292 Arlington Expressway to open any day. “It’s a great market. We felt like there was a need for one there,” Brees said. He said he wants to create family experiences. “This is something I care about, something I am passionate about,” he said, “trying to create the best family experience that we can.” Jacksonville will be the sixth Surge park. The first five are Brees in New Orleans; Fort Walton; Birmingham, Alabama; Opelika, Alabama, near Auburn; and Winston-Salem, North Carolina.

DEVELOPMENT Hillwood reports inquiry for massive facility A 2.5 million-square-foot distribution center prospect might be considering AllianceFlorida at Cecil Commerce Center. In its second-quarter report, Dallasbased Hillwood told the city Friday it received and responded to an initial, and Hillwood emphasized “very early-stage,” inquiry from a broker representing a prospect interested in identifying sites to accommodate a 2.5 million-squarefoot distribution facility. Hillwood Senior Vice President Dan Tatsch said it was a preliminary inquiry and he has heard nothing further in almost five months. Hillwood, the city’s master developer, also said it received and responded to inquiries for two prospects looking for 1 million square feet of distribution space and one seeking a 1.5 million-square-foot center.

RESTAURANTS MLG to fill former Candy Apple Café spot Two months after the Candy Apple Café closed in Downtown Jacksonville, the building’s ownership announced a replacement — MLG, which is Marcus Lemonis Grill. The restaurant is inside Sweet Pete’s candy shop at 400 N. Hogan St. Sweet Pete’s is owned by investor and reality TV star Marcus Lemonis along with founders Allison and Pete Behringer. Through social media, Lemonis and Jacksonville-area chef Roderick Smith announced they would bring the MLG restaurant concept to Jacksonville. Lemonis launched the American-style restaurant in Chicago. It offers lunch, dinner and brunch. Roderick stated on his Twitter feed that he was seeking a sous chef and lead line cooks. Additionally, server and bartender positions for Marcus Lemonis Grill’s Jacksonville location are posted on LinkedIn. No opening date for MLG was announced. Smith most recently owned and operated Jax Diner and Mother’s Cafe & Bar. Sweet Pete’s opened in 2014.

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Thursday, October 4, 2018 • Page 3

Wawa working on 20th Northeast Florida store

Latest location for chain is at northwest Normandy Boulevard and Cassat Avenue. Wawa is preparing another Jacksonville site for a gas station and convenience store, this one at 970 Cassat Ave. in West Jacksonville. It is at least the 20th site identified or confirmed for Wawa in Duval, Clay and St. Johns counties. The Pennsylvania-based chain opened its first three locations in December. The company said it wanted up to 40 stores in Northeast Florida. Four are open. The city is reviewing civil plans that show a 5,943-square-foot store with six fueling stations offering 12 pumps on 1.5 acres at northwest Normandy Boulevard and Cassat Avenue. Grunthal & Schueth Properties, through Normandy Boulevard & Cassat Avenue LLC, paid almost $1.72 million Sept. 27 for the site. It bought the land from Camelia J. Fouraker. Ameris Bank issued a $2.7 million mortgage. The LLC is led by Leonard “Buzzy” Grunthal III and Bill Schueth. In November, the site was identified for Wawa. Grunthal and Schueth have experience with Wawa. A partnership bought land for development of the Wawa store in EastPark at 11812 Beach Blvd. Plans show Wawa is interested in at least three locations each in Clay and St. Johns counties and 14 in Duval County. Some of the sites might not be developed.

VyStar to build Lakewood branch VyStar Credit Union intends to start construction next year toward an early 2020 grand

North Jacksonville Aldi’s store closer Aldi’s proposed Parkway Shops grocery store in North Jacksonville is in city review. The city is reviewing plans for the proposed discount grocery store at 15324 Max Leggett Parkway, Building 200, next to Hobby Lobby. Ramco-Gershenson Inc. is the developer of Parkway Shops and the adjacent River City Marketplace. Aldi will open a 22,400-square-foot store within a leased area of 26,454 square feet, the overall site plan shows. It is the 11th confirmed site in Northeast Florida for the Germany-based discount chain. Also this week, the city approved a permit for construction of an Aldi store at 9445 Argyle Forest Blvd. in Oakleaf Corner. Deerfield Construction Co. Inc. of Loveland, Ohio, is the contractor for the almost 21,000-square-foot store at a project cost of almost $2.5 million.

RESTAURANT NOTES

Miller’s advances on former Buca di Beppo Miller’s Ale House applied to the city for a mobility fee calculation certificate to redevelop the former Buca di Beppo location at The Avenues mall. Miller’s Ale House at The Avenues is shown as a 7,150-square-foot restaurant on 2.5 acres at 10334 Southside Blvd. It would be Miller’s Ale House’s fifth Jacksonville location. The city already is reviewing a permit application for “new construction” of a Miller’s Ale House at the site at a project cost of $1.2 million. A permit application shows that Orlandobased Miller’s Ale House Inc. wants to develop a 7,149-square-foot restaurant. A civil plan filed with the city Tuesday says the project will consist of partial site demolition, building construction and site work. The 8,180-square-foot Buca di Beppo was built for $850,000 in 2003. It appears to have operated for almost 15 years, closing Dec. 30. Miller’s Ale House plans indicate 241 seats, comprising 166 inside and 75 in the patio room. Interior seating includes 22 bar seats. Cuhaci & Peterson Architects Engineers Planners of Orlando is the project architect. Kimley-Horn and Associates Inc. is the civil engineer. n McDonald’s proposes to develop a new restaurant at the Boulevard Crossing retail center in design at northwest Beach and University boulevards. McDonald’s operates a 3,918-square-foot store on the property at 5801 Beach Blvd. The restaurant, built in 1982, occupies about a half-acre. Plans show it wants to build a 4,388-square-foot restaurant on what is called Outparcel C at 5689 Beach Blvd. It is just under an acre. Developer Boulevard Crossing LLC, led by developers Jeff Conn and Alex Coley, owns the property and proposes four outparcels, including two buildings of 10,100 square feet and 6,790 square feet in addition to the McDonald’s. Another outparcel is labeled “future.” The plans do not address what happens with the closed Kmart at that corner. CPH Inc. is the consultant.

Noah’s Event Venue seeks permit Noah’s Event Venue is in review for a project that has changed to a two-story, 12,000-square-foot building from previous plans for a one-story, 8,181-square-foot project. The Utah-based company will build on about 1.8 acres at 11545 Village Crossing Drive in Southside Quarter at south-

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The former Buca di Beppo at 10334 Southside Blvd. at The Avenues mall is planned to become Jacksonville’s fifth Miller’s Ale House. n 1000 Degrees Neapolitan Pizza announced its grand opening will be today at 9846 Old Baymeadows Road. The fast-casual restaurant serves hand-tossed Neapolitan pizza. Brothers Anil and Prakash Patel signed to open nine 1000 Degrees Neapolitan Pizza locations in Northeast Florida. The Baymeadows restaurant is the third to be operated by Prakash Patel, who runs the Gainesville and Fernandina Beach restaurants. Another is open in Lake City. The new restaurant is open daily from 11 a.m. to 10 p.m. n Chick-fil-A received a city permit to renovate its Tinseltown restaurant at 4461 Southside Blvd. with a brand image remodel. RCD-Atlanta Inc. will remodel the 4,297-square-foot restaurant to include a dual-line kitchen upgrade, a 195-square-foot addition and canopies for drive-thru orders at a cost of $568,000. n Chick-fil-A proposes to remodel its restaurant at 1752 U.S. 1 S. in St. Augustine. It wants to add 638 square feet to its 3,832 square-foot location. Interplan LLC of Orlando is the engineer and architect. The St. Johns River Water Management District said it intended to grant a permit for the project. n Moe’s Southwest Grill proposes a 2,818-square-foot restaurant on 0.79 acres at 1681 U.S. 1 S. in St. Augustine.

west Butler Boulevard and Interstate 295, according a pending building permit. The project is off Gate Parkway. No contractor is listed on the permit application that shows a $1.5 million job cost. Method Studio of Salt Lake City is the architect. The first-floor footprint is 6,324 square feet. Plans show that half of the first floor comprises the two-story

main event hall and the other half consists of event and lobby space, the catering kitchen, café, restrooms and storage. The second floor comprises meeting facilities and space for bride’s and groom’s rooms. Half of the floor is open to the main event hall below. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

THE MATHHIS REPORT

KAREN BRUNE MATHIS EDITOR

opening of a Lakewood branch. The Jacksonville-based financial institution opened two locations this year in Gainesville Oaks and Orange City and two more are scheduled to open by year-end in Jacksonville’s San Marco neighborhood and in Deland. VyStar operates 47 traditional branch locations along with 14 high school branches and more than 220 ATMs. “We are continually exploring both organic growth options and Merger & Acquisition opportunities,” said VyStar President/CEO Brian Wolfburg in a statement. “As part of our organic growth strategy we have a welldeveloped seven-year plan of locations that either infill current service areas or expand our market to reach more potential members within our Field of Membership, as approved by the Florida Office of Financial Regulation,” he said. Wolfburg said VyStar continually acquires land to facilitate expansion, including the pending acquisition of the Lakewood property at 2890 University Blvd. W. near St. Augustine Road. The St. Johns River Water Management District is reviewing plans for a 4,000-square-foot building on about 2 acres there. Prosser Inc. is the civil engineer.

Page 4 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

ECONOMIC TRENDS

Millennial debt: Car loans largest burden Study by LendingTree finds that Jacksonville millennials have some of the highest nonmortgage debt loads in the U.S.

NONMORTGAGE DEBT FOR JACKSONVILLE MILLENNIALS

MORTGAGE DEBT

The median debt for Jacksonville millennials is $25,947

39%

Jacksonville homeowners free and clear of mortgage debt:

$156,000

BY MARK BASCH CONTRIBUTING EDITOR

With the high cost of education, many college graduates leave school burdened with a high amount of debt. But according to a study by online loan marketplace LendingTree, millennials in Jacksonville are dealing with another major debt burden: car loans. A LendingTree study of the 50 largest U.S. metropolitan areas found that millennials in Jacksonville have some of the highest nonmortgage debt loads in the country, with a median balance of $25,947. That ranked Jacksonville fifth among the 50 cities. Auto loans account for 38.5 percent of Jacksonville millennials’ debt, slightly more than student loans at 37.1 percent. For the country, student loans are the biggest burden, accounting for 40 percent of millennials’ debt while auto loans are at 33 percent. Millennials are defined as people born between 1981 and 1996, which means they are 22 to 37 years old. “The millennial generation makes up the younger portion of adults, and as they build their careers, families and commu-

Auto loans 38.5%

Median value of nonmortgage (free and clear) homes

Credit cards 15.1%

Student loans 37.1%

$209,000 Median value of mortgaged homes

Personal loans 7.8% Other 1.6%

nities, they’re doing it encumbered by personal debt,” said Kali McFadden, senior research analyst at LendingTree, in a news release. A high debt burden does not correlate to a high cost of living. LendingTree found three of the four cities with the lowest levels of millennial debt are some of the most expensive cities to live in: New York, Los Angeles and San Jose, California.

LendingTree found that unsecured debt such as credit cards and personal loans account for a larger portion of debt in those cities. San Antonio millennials have the highest debt burden with a median balance of $27,122. Auto loans are the biggest issue there, accounting for 43.2 percent of total nonmortgage debt. While Jacksonville ranks poorly in millennial debt lev-

Source: LendingTree

els, another LendingTree study last week showed the area ranks better in another debt category: the number of homeowners who have paid off their mortgages. The study found 39 percent of Jacksonville homeowners are “free and clear” of any mortgage debt, ranking the area 20th out of the 50 cities. LendingTree said some cities ranking high on this list are not necessarily experiencing posi-

tive trends. Six of the top 20 cities are in California, which have some of the highest home prices. LendingTree said California’s property tax laws discourage homeowners from moving, so they stay in their homes longer and eventually pay off their mortgages. Detroit had the highest percentage of free and clear homeowners at 55 percent, but LendingTree said that’s indicative of the difficulty residents have in getting mortgage loans in the first place. That gives Detroit a lower homeownership rate. Miami ranked second with 52 percent of homeowners free and clear. LendingTree attributed that to the large number of wealthy foreigners buying property in Miami who pay with cash outright. Overall, a large number of free and clear homeowners is a positive. “As home prices rise, these homeowners receive the full benefits and see their wealth accumulate,” LendingTree Chief Economist Tendayi Kapfidze said in a news release. “Homeowners who do not have mortgage debt can decide if and how they want to access this wealth, perhaps by taking out a loan to address life needs, and are generally better able to absorb financial shocks,” he said. MBASCH@ JAXDAILYRECORD.COM

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Thursday, October 4, 2018 • Page 5

DAVID CAWTON STAFF WRITER

Business owners question Mike Williams about vagrant issue. Jacksonville Sheriff Mike Williams told a group of Downtown business owners he shares their concern about the vagrant population in the Urban Core. Williams spoke Tuesday at the Downtown Vision Inc. quarterly meeting, spending a considerable amount of the hour addressing homelessness in Jacksonville. Many of the almost 50 people in attendance asked Williams about patrol numbers, filing complaints and dealing with homeless individuals exhibiting mental health issues. Williams said JSO response

times are based on priority. “When a call comes in we prioritize it against other calls,” Williams said. “If you call about a barking dog, and then 10 minutes later someone else calls about a suspicious person in their neighborhood, that officer is going to reroute to deal with a suspicious person.” Williams asked property managers and business owners to do their part by calling JSO and filing a complaint when they believe something isn’t right. “Everything we do is datadriven,” Williams said. “We look at trends to determine which areas need the most attention at any given time.” When it comes to people showing signs of mental health issues, Williams said there’s only so much JSO can do. “We can use the Baker Act, but they’re likely to be back on the same street in two to three days if a doctor feels like they don’t need treatment,” he said. He said his department is working with local nonprofits to help people get back on their feet. “If we can get our hands on about 300 people, we could change the landscape of Downtown,” he said, referring to a statistic given to him from

THE CAWTON REPORT

Sheriff urges calls about homeless issues Downtown

Photo by David Cawton

Duval County Sheriff Mike Williams and Jake Gordon, CEO of Downtown Vision Inc.

a local nonprofit that works with the homeless population. Overall, Williams said Downtown is one of the safest neighborhoods in Jacksonville. “We have to fight the perception that Downtown isn’t a safe place,” he said. “Maybe that means more staffing and we’re working on that part.” Williams referred to other larger cities, which have prioritized placing police officers “on every corner or close to it.” “Presence is a big deal,” he said. “It makes people feel safe and I believe it prevents a crime before someone can commit one.”

City rezoning The Shipyards The city intends to rezone nearly 90 acres along the Downtown Northbank called the Shipyards ahead of a proposed multibillion dollar mixed-use development. In December the city will introduce legislation to rezone the property from Planned Unit Development, Public Buildings and Facilities and Recreational and Open Space to Downtown Central Business District. Although the city owns the property, Jacksonville Jaguars

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owner Shad Khan intends to develop the site into a mix of office space, hotels, a convention center and other uses. The property still is contaminated from its commercial past as an active shipyard. In April, Khan’s plans showed most of his development near Metropolitan Park and Lot J at TIAA Bank Field. Development on the westernmost parcel is likely less intense because of the contamination.

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Page 6 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE BASCH REPORT

Jacksonville stocks underperform market

MARK BASCH CONTRIBUTING WRITER

Landstar, CSX showed biggest third-quarter gains, while Ameris had the largest decline. During a strong third quarter for the overall market, stocks of Jacksonville-based companies generally underperformed. The S&P 500 index rose 7.2 percent in the three-month period, its best quarterly gain since the fourth quarter of 2013, and the Nasdaq Composite index rose 7.1 percent, its best performance since the first quarter of 2017, according to CNBC. The Dow Jones industrial average beat both of those indexes, rising 9.3 percent. However, only 10 stocks of Jacksonville area companies finished with gains in the third quarter while 11 declined. The only Jacksonville-based companies (among stocks trading above $1) to better the Dow were the two major transportation companies, CSX Corp. and Landstar System Inc. Both companies had strong second-quarter earnings reports in July, which sent their stocks to record highs. CSX ended the third quarter up 16.1 percent and Landstar rose 11.7 percent. At the other end of the spectrum was Ameris Bancorp, which dropped 14.3 percent after reporting lower than expected earnings. Ameris officially is based in Moultrie, Georgia, but its executive offices are in Jacksonville.

Timber outlook hurts Rayonier Rayonier Inc. had the second biggest decline behind Ameris, down 12.6 percent in the third quarter. Most of the recent local attention for Rayonier focuses on its real estate development

business and its Wildlight community in Nassau County, where the company moved its headquarters last year. However, Rayonier’s biggest business is timber, and timber company stocks have been down recently. “The more muted outlook for housing, coupled with the acknowledgment that southern log prices will be lower for longer, and the inevitable relapse in lumber and panel prices has put the timber related equities under pressure for the past six months,” D.A. Davidson analyst Steven Chercover said in a research note Monday after meeting with Rayonier and several other timber companies. “There could be more weakness to come, but absent a meltdown in housing – which we don’t foresee – this is exactly what commodity investors wanting to get involved in the space need. A pause that refreshes,” he said.

Kleffner retiring as Stein Mart CFO Stein Mart Inc. said Monday that Chief Financial Officer Gregory Kleffner will retire from the company next spring. Kleffner, 63, has served as CFO of the Jacksonville-based fashion retailer since August 2009. Stein Mart has retained an executive search firm to help with an external search for a successor. Kleffner will continue to serve as CFO until a Kleffner successor is brought in and then will serve the company in an advisory capacity during the transition. Kleffner announced his retirement two weeks after Stein Mart reached new credit agreements with two lenders. It also followed an encouraging second-quarter earnings report that included the company’s first increase in comparablestore sales (sales at stores open for more than one year) since the spring of 2015. Kleffner said in a news release that he had promised Stein Mart’s top executives he “would not retire before our financial condition stabilized and we had a new credit

File image

JP Morgan Chase & Co. plans to open 35 more branches in Florida in the next three years, including Downtown in the Barnett Building.

agreement in place. With these accomplished, and the right team and strategies in place to continue improving our results, the timing is right.”

JP Morgan Chase adding Florida branches

A week after Wells Fargo & Co. and Ameris Bancorp announced plans to downsize their branch networks, JP Morgan Chase & Co. said it plans to add more branches in Florida. The company, which operates its branches under the Chase brand, has more than 400 branches in Florida, including 22 in the Jacksonville market, and plans to open 35 more over the next three years. Chase will open one more Jacksonville branch in Durbin Park by the end of this year and does plan to open more in the market over the next three years, spokesman Michael Fusco said. However, it’s too soon to say how many more offices Chase will open in Northeast Florida, Fusco said. Many banks are closing brick and mortar branches because customers are finding other ways to handle their transactions remotely. However, Chase is taking a different approach. “We are continuing to fill in gaps across the state so we can provide even more convenience for our customers,” George Acevedo, south divisional director for Chase consumer banking and wealth management, said in a news release. JP Morgan Chase entered the Florida banking market when it acquired the failed Washington Mutual Inc. in 2008. Washington Mutual had a large mortgage banking operation in Jacksonville that employed about 2,000 but had just one banking office in the city, located at its mort-

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gage office mainly to serve its employees. Five years later, Chase decided to expand its presence in the Jacksonville banking market and opened its first three branches (besides the former Washington Mutual office) in October 2013.

Deutsche Bank denies merger rumors

Merger rumors have been swirling around another global financial institution that has been growing its Jacksonville presence, Deutsche Bank. However, Deutsche Bank officials are dismissing those reports as fake news. News reports in Germany last week suggested Deutsche Bank could merge with either Switzerland-based UBS or Germany-based Commerzbank. However, Reuters news service reported Deutsche Bank Chief Financial Officer James von Moltke called those reports “fictions of the press.” Deutsche Bank employs about 2,000 people in Jacksonville. CEO Christian Sewing announced plans in April to cut back the Germany-based bank’s U.S. activities, but the company has not said if that will affect its Jacksonville operations.

FIS ends Brazil joint venture Fidelity National Information Services Inc., or FIS, said Monday it is unwinding a joint venture with a Brazilian bank that provides financial services technology to clients in Brazil. Jacksonville-based FIS owns 51 percent of the joint venture, with Banco Bradesco owning 49 percent. FIS, which had $9.1 billion in revenue last year, said dissolution of the joint venture will

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Ocwen, PHH complete merger Two struggling mortgage banking companies that had big operations in Jacksonville a few years ago are scheduled to complete their merger Thursday. Ocwen Financial Corp. is acquiring PHH Corp. for $360 million in cash in a deal announced in February. Ocwen entered Jacksonville in 2012 by acquiring Homeward Residential Inc. but closed Homeward’s Jacksonville office the next year, putting 370 people out of work. PHH employed more than 1,000 people in Jacksonville five years ago but began downsizing as losses piled up. It sold most of its remaining Jacksonville operations to LenderLive Network LLC last year. LenderLive in August agreed to a deal that will sell its Jacksonville operations, with 220 employees, to Computershare Loan Services. The Ocwen-PHH merger needed approval from several regulatory agencies and according to a Securities and Exchange Commission filing, the New York Department of Financial Services put several restrictions on management of PHH following the merger. PHH will operate as a subsidiary of Ocwen. “Ocwen must ensure that PHH has competent executive management in place and sufficient staff and resources with appropriate skills and expertise,” the New York regulator said, according to the filing. Also, “with limited exceptions, Ocwen may not appoint anyone to serve on the board of directors of PHH or to a senior management position at PHH without the prior written approval of the NY DFS for three years from the date of closing.” MBASCH@ JAXDAILYRECORD.COM

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reduce revenue by about $200 million. The company does not expect it to impact adjusted earnings per share. FIS said the move gives the company more flexibility to grow its business in Brazil, as it will be able to compete independently in the market. As it dissolves the joint venture, FIS signed a long-term agreement to continue providing services to Banco Bradesco.

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Thursday, October 4, 2018 • Page 7

REAL ESTATE

Top 10 sales of the week BY SCOTT SAILER • EDITORIAL RESEARCH DIRECTOR

Here are the top 10 real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Sept. 24-28.

File image

A property comprising condominiums and apartment buildings at Villas Continental & Yacht Club in Orange Park sold for $10.55 million.

$18,442,499

$10,550,000

$6,670,000

$4,459,744

$3,286,600

Malnove Road, Jacksonville, Duval County

2223 Astor St., Orange Park, Clay County

Kernan Boulevard South, Jacksonville, Duval County

County Road 13 South, Elkton, St. Johns County

Kernan Boulevard South, Jacksonville, Duval County

Type: Vacant industrial Size: Not available Buyer: JI Imeson Industrial LLC Seller: Imeson International Industrial Park Inc. and Industrial Park Investments Inc.

Type: 60 condominiums and two 12-unit apartment buildings Size: Not available Buyer: VR Continental Holdings LP Seller: TR JAX LLC

Type: Vacant commercial Size: Not available Buyer: Bainbridge St. Johns Town Center Owner LLC Seller: Christopher Forrest Skinner Trust

Type: Timberland Size: Not available Buyer: St. Johns County Seller: Jacksonville Port Authority

Type: Vacant commercial Size: Not available Buyer: First Coast Energy LLP Seller: Christopher Forrest Skinner Trust

$3,000,000

$2,250,000

$2,237,500

$2,100,000

$1,969,000

Kindlewood Drive, Middleburg, Clay County

88 Riberia St. and Sebastian Harbor Drive, St. Augustine, St. Johns County

Parkbluff Circle, Ponte Vedra, St. Johns County

1700 Third St. S., Jacksonville Beach, Duval County

Parkbluff Circle, Ponte Vedra, St. Johns County

Type: Residential Size: 60.94 acres Buyer: Kindlewood LLC Seller: Garrett L., Sara J., Ronald F., Dennis E., Linda S. and Gary L. Harrison

Type: Office and parking lots Size: 0.67 acres Buyer: Vista Hotel VIII Inc. Seller: Historic Solla Carcaba Building LLC

Type: 25 single-family lots at Twenty Mile at Nocatee Phase 5A Size: Not available Buyer: TMN Construction Holdings LLC Seller: Hydry Co. LLC

Type: Atlantic Coast Bank Size: 1.18 acres Buyer: BFC Property Acquisition I LLC Seller: Ameris Bank Previous sale: $1,475,000 in 2003

Type: 22 single-family lots at Twenty Mile at Nocatee Phase 5A Size: Not available Buyer: Toll Southeast LP Co. Inc. Seller: Hydry Co. LLC

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Page 8 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

Elena Flats: A $2.8 million restoration CONTINUED FROM PAGE 1

The building was designated as a city landmark, sponsored by the Jacksonville Historic Preservation Commission. Halpert Contracting is working on the restoration. The job superintendent is Bill and Melody Bishop’s son, Bill. Meeks and Tredennick said in 2015 they planned to invest more than $1 million to restore the building and install plumbing, electrical service and HVAC. They paid $65,000 for the land and building, which Tredennick said is the lot value. Tredennick said the estimated restoration cost has risen to about $400 a square foot, which works out to about $2.8 million. “Your initial estimate is generally going to be low,” said the experienced restorer. In addition to “surprises,” like needing to rebuild the area under the porch, costs increased during the strong housing market and because of the need for specialists, she said. “It is labor intensive. The more there is to save and the more there is to restore on the interior and exterior, the more costly it is,” she said. They’ve been working on it for three years, dealing with structural repairs and Hurricane Irma last year causing delays in materials. TAKING IT APART TO SAVE IT

There will be four apartments of about 1,700 square feet each, with two downstairs and two upstairs. Each will comprise two bedrooms, two bathrooms and a par-

Cafes CONTINUED FROM PAGE 1

the internet, are legal. Council members Reginald Gaffney, Joyce Morgan, Ju’Coby Pittman and Randy White joined Ferraro on Tuesday to discuss how to slow the growth of the cafes. The state cracked down on internet cafes in 2013 after 57 people were arrested and 49 internet cafes were raided during an FBI investigation into the St. Augustine-based charity, Allied Veterans of the World. State prosecutors alleged the charity’s internet cafes were a front for illegal gambling and money laundering. Games of chance are allowed at state-approved casinos or race-

tial bathroom, a front parlor with a restored fireplace, the kitchen and a dining-room size area that can be used as a formal dining area or for another use. “The kitchen was originally at the very back of the unit, which is typical of the floor plan for the time at which the building was constructed,” Tredennick said. The apartments will feature kitchens in the center and the bedrooms on the back. Each unit will have outside access and a back porch. Apartments will share a front porch on each floor. Meeks and Tredennick are restoring as much of the brick, wood and other features as they can and rebuilding the rest. The front windows and second-floor skylights are being restored while new Pella windows are installed in the back. “You disassemble the building, shore it up structurally and reassemble the building,” she said. The historical interior woodwork was removed, restored and is stored in a warehouse until it is returned. That’s the same with other materials. “We removed, documented, cleaned and restored brick,” Tredennick said. They first had to remove junk, including old carpeting, doors and beds. “You always hope you would find something interesting that gives some indication about the residents, but we didn’t find anything like that. Most of what we found was junk,” she said. The building’s interior is being framed in and the shape is evident of what’s to come. Ceilings are about 11 feet on the first floor tracks, or if they’re located on Indian reservations, which are exempt from state gambling laws. Card games, such as Texas Hold’em, are allowed in certain licensed facilities. Bill Killingsworth, director of the Planning and Development Department, said that of the 140 applications submitted to the city for internet cafes since 2016, only 90 have been approved. “Obviously, there’s more than 90 of these places in Jacksonville,” he said. Killingsworth told council members the city suspects that several of the businesses are operating without a certificate of use. “They understand how to play the game,” Killingsworth said. “They’re not going to get caught unless someone files a complaint with the city.”

and 10 feet on the second. BUILDING HISTORY

Also to be restored is the name “Elena” in tile on the front porch. The history prepared for the landmark designation found that the property owner at the time of construction had a 4- or 5-yearold daughter by the name. Occupants in 1909 included the Jacksonville chief of police’s son who went on to become a Duval County deputy sheriff. In 1910, tenants included C.B. McNair Jr., associated with McNair Lumber Co. The structure underwent ownership and use changes as the suites were divided into individual rooms. In the 1950s, it appears to have been rented for use by female students of Jones College. “I got a letter from a woman who lived there when she was young and the building was used as a boarding house,” Tredennick said. “It was just charming.” In a letter dated Dec. 9, 2016, a woman in Eastman, Georgia, wrote to Meeks that she lived in the building in 1953-54 with other students and her room was on the back west side of the second floor. She recalled the phone number as Elgin 69605. They “walked everywhere,” including from her parttime job at Southern Shipbuilding. The building sits across Duval Street from the Basilica of the Immaculate Conception and offers views of Downtown that include the 42-story Bank of America Tower. The landmark application described the elements. “Catering more to middle class families and businessmen, the He said when complaints are filed, the city can check if the business is operating as it should be. Those that are shut down, he says, often reopen under a different name in another strip mall. “We can’t presume that they’re operating an illegal business,” he said. “It’s a challenge.” According to the city’s application for a certificate of use “game promotions, sweepstakes, drawings by chance, adult arcade amusement centers or similar activities” as described in Florida statutes are prohibited. Business owners sign an affidavit stating that the business will operate legally. Although the city passed an ordinance at 2009 regulating internet cafes, state law prohibiting them pre-empts local regula-

The WOW Factor You Have to See to Believe

Photo by Karen Brune Mathis

Architect Melody Bishop points out the ceiling height inside the Elena Flats. The restored building will feature 10- and 11-foot ceilings.

design and quality of materials used in construction of the Elena Flats are also evident such as marble thresholds and small hexagonal tiles in the bathrooms, coffered ceilings and wainscoting in the dining room, decorative stairways to the two upstairs suites, as well as numerous examples of leaded glass in the front tions. Operating an adult arcade is now a criminal matter. Deputy General Counsel Jason Teal said that enforcement is up to state or local law enforcement agencies. “There’s not much we can do at the city level,” he said. Teal said the city’s best chance is to amend zoning codes. “The purpose of zoning is to keep incompatible uses from being next to each other,” said Teal. Over six months, Ferraro and others plan to work with the Planning and Development Department to establish new zoning requirements for internet cafes. Restrictions could ban facilities from being too close to schools or churches; limiting the number of establishments in a given area; banning neon window lights; and

windows.” Tredennick said she and Meeks will seek Historic Preservation Tax Credits for the restoration. “These are like archaeological digs,” she said. KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

restricting the use to a minimum lot size or to stand-alone buildings. “Everything is on the table,” Ferraro said. Ju’Coby Pittman represents District 8 residents in Northwest Jacksonville. While she is concerned with the number of internet cafes in her district, she believes banning them outright is not the right move. “Some of the elderly constituents really like them. It’s fun like any other vice. “But like other adult vices, we need to regulate them the proper way,” she said. DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466

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BUSINESS IN BRIEF

Jax Federal Credit Union CEO to retire: Jax Federal Credit Union President and CEO Gerri Sexsion will retire in the first quarter of 2019. She served in those roles since 1997. Executive search firm DDJ Myers will lead a projected four- to six-month national search for her replacement. City honors River City Science Academy: Jacksonville City Council honored River City Science Academy for its 10th anniversary and for its Rocket Science Olympiad Team winning the state championship. Compiled by Scott Sailer

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

Southeast Toyota Distributors named Casey Gunnell Jr. vice president of parts supply and distribution. Gunnell, a 21-year Gunnell associate, is responsible for inventory management, warehouse operations, parts administration and distribution to the 177 Toyota dealers in the southeastern U.S.

Hower

U.S. Navy Cmdr. Brian Hower is officer-in-charge of Naval Hospital Jacksonville’s Branch Health Clinic Mayport. Hower previously served as deputy executive assistant to the Navy deputy surgeon general.

These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. AMUSEMENT RECREATION City of Jacksonville, 4131 Ferber Road, contractor is Warden Contracting Corp., ADA upgrade to Fort Caroline Club pool, $22,682. City of Jacksonville, 1199 W. Church St., contractor is Warden Contracting Corp., ADA upgrade to Florida C. Dwight Memorial Playground, $21,992. APARTMENTS Satori Apartments, 10640 Satori Lane, contractor is Morrow Construction Co. Inc., building foundation, portion of $37 million. CONDOMINIUMS Broadview Terrace Inc., 1560 Lancaster Terrace, contractor is Duval Construction Inc., 300 square feet, repair, $493,678. HOSPITAL, INSTITUTIONAL Brooks Rehabilitation Hospital, 3599 University Blvd. S., contractor is Fickling Brothers Inc., parking lot expansion, $529,974. OFFICE, BANK, PROFESSIONAL Bailey’s Gym, 3000 Dunn Ave., No. 2, Y2K Construction Services Inc., 19,986 square feet, tenant build-out, $500,000. Pediatric Eye Consultants of North Florida PLLC, 245 Riverside Ave., contractor is Dav-Lin Contractors Inc., 4,551 square feet, tenant build-out, $387,235.

Hrustic Brothers Inc., 6596 Columbia Park Drive, contractor is Webb Properties & Improvements Inc., 6,250 square feet, new building, $95,000. ROOFING J&J New Kings Road LLC, 10920 New Kings Road, contractor is Barber & Associates Inc., new roof, $924,400. Wesconnett United Methodist Church Inc., 5630 Wesconnett Blvd., contractor is Dale Tadlock Roofing Inc., roof replacement, $37,360. TIITF-Agency for Persons with Disabilities, 3615 Hodges Blvd., contractor is American Roofing of Jacksonville LLC, roof replacement, $25,500. Our Main Street Properties Inc., 1731 N. Main St., contractor is Romano Brothers Roofing Inc., partial roof replacement, $15,000. SIGNS Gexpro, Electrical Supplies and Services, 7818 Philips Highway, No. 304, contractor is Taylor Sign & Design Inc., wall sign, $6,000. Vape & Lounge, 10615 Beach Blvd., contractor is Liberty Lighting Inc., wall sign, $2,400. Kitchen Design Cabinets, 10210 San Jose Blvd., No. 3, contractor is Advanced Electrical Contractors Inc., wall sign, $2,300. Magnolia Properties, 11512 Lake Mead Ave., No. 103, contractor is Shimp Sign & Design Inc., wall sign, $1,800. First Coast Land Development Inc., 12961 N. Main St., contractor is Advanced Electrical Contractors Inc., two

permits for reader board wall signs, $1,600. STORES, MERCANTILE Aldi, 9445 Argyle Forest Blvd., contractor is Deerfield Construction Co. Inc., 20,967 square feet, new building, $2.48 million. Circle K and Dunkin Donuts, 3631 Blanding Blvd., contractor is Suncoast Industrial & Construction Services Inc., 5,000 square feet, new building, $350,000. Giant Oil Jacksonville LLC, 643 Stockton St., contractor is Petroleum Contractors of Florida Inc., 1,714 square feet, interior renovation, $67,000. UTILITIES AT&T, 21 E. Union St., contractor is Ericsson Inc., cell tower upgrade, $65,000. New Cingular Wireless PCS, 21 E. Union St., contractor is Ericsson Inc., cell tower upgrade, $65,000. AT&T, 1702 E. Beaver St., contractor is Ericsson Inc., cell tower upgrade, $65,000. T-Mobile, 2503 N. Liberty St., contractor is A Advantage Electric Inc., cell tower upgrade, $65,000. T-Mobile South LLC, 5551 Fort Caroline Road, contractor is A Advantage Electric Inc., cell tower upgrade, $65,000. T-Mobile South LLC, 5800 Bell Road, contractor is A Advantage Electric Inc., cell tower upgrade, $65,000. T-Mobile, 1749 Kings Road, contractor is A Advantage Electric Inc., cell tower upgrade, $65,000. Compiled by Scott Sailer

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DEVELOPMENT TODAY

UNF professor wins research grant: University of North Florida chemistry professor Stuart Chalk was awarded a $600,000 grant from the National Science Foundation to establish a Chemical Informatics and Data Science Research Center on campus. The center will focus on Chalk connecting chemical data to health, pharmacology and toxicology data to organize, process and interpet the data. “This project aims to build a digital infrastructure that will allow data to be integrated, so humans and machines can pose complicated questions and extract new knowledge automatically,” Chalk said in a news release.

Thursday, October 4, 2018 • Page 9

Page 10 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE MARBUT REPORT

Courthouse flags remember violence victims

MAX MARBUT ASSOCIATE EDITOR

Clerk’s office marking Domestic Violence Awareness month. The Duval County Clerk of Courts on Tuesday observed the beginning of the 32nd annual Domestic Violence Awareness Month by planting purple flags at the entrance to the Duval County Courthouse to symbolize the number of local victims. Until Oct. 31, the clerk’s office will partner with Hubbard House, the 4th Judicial Circuit and the Jacksonville Sheriff’s Office to raise awareness of the community impact of domestic violence. According to the Florida Department of Law Enforcement, about 120,000 cases of domestic violence were reported in the state last year, including nearly 5,700 in Duval County. The clerk’s office is collecting nonperishable food and household items for domestic violence victims who seek assistance from Hubbard House. Items can be brought to the Domestic Violence Department in Room 2409 on the second floor of the courthouse. Family Court Services also is accepting donations.

Trotti v. Scott soon to be resolved The Florida Supreme Court heard oral arguments Tuesday in the lawsuit filed by Jacksonville attorney David Trotti, who is challenging Gov. Rick

Scott’s authority to appoint a judge to replace a judge who has resigned. When 4th Judicial Circuit Judge Robert Foster in Nassau County tendered his resignation to Scott in April, Scott convened the circuit Judicial Nominating Commission. After interviewing 12 candidates, the commission submitted six nominees to Scott, including Duval County Judge Lester Bass, who was provisionally appointed in July by Scott, pending the court’s decision. Trotti contends the vacancy should be filled by election, and he was the only candidate to file for Foster’s seat in the Nov. 6 election. A ruling in favor of Trotti by the 2nd Circuit Court in Tallahassee was reversed by the 1st District Court of Appeal, leading to the Supreme Court’s consideration. An opinion will be rendered by the Supreme Court, likely in 10 to 15 days.

Supreme Court disciplines five local attorneys

According to The Florida Bar, 12 attorneys were disbarred, suspended or reprimanded in September by the state Supreme Court. Five practice in Northeast Florida: n Paul H. Green Jr., 10175 Fortune Parkway, Unit 303, was suspended for 60 days and ordered to contact Florida Lawyers Assistance for an evaluation. Green was fired from a law firm that he started with another lawyer for engaging in unprofessional conduct, such as missing appointments, not coming to work and making unauthorized charges to the firm’s credit card. He hijacked the firm’s email account, made derogatory Facebook posts and continued thereafter to harass the other attorney via text and email. In a second matter, a client received inappropriate communications from Green after his

Special to the Daily Record

Flags symbolizing local victims of domestic violence were placed Tuesday at the entrance to the Duval County Courthouse in observance of Domestic Violence Awareness Month.

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

separation from the law firm. The client was intimidated by the nature and frequency of the correspondence. Thereafter, Green saw the complainant while she was bartending at a sporting event and further intimidated her by slamming his hand on the bar and telling her “good luck with that Bar complaint.” n Megan Elizabeth Richards, 2969 Gilmore St., is publicly reprimanded and directed to contact Florida Lawyers Assistance for an evaluation. On March 7, Richards was arrested in Duval County for driving under the influence and resisting an officer without violence. She later entered pleas of no contest and was adjudicated guilty of both first-degree misdemeanors. n Thomas Frank Rosenblum, 4446-1A Hendricks Ave., is publicly reprimanded. He was paid $500 and retained in December 2014 to draw up documents for a client regarding child support, but neither prepared nor filed the documents. In mid-2016, the client filed a complaint with The Florida Bar. Rosenblum returned the money 23 months after being retained.

n Andrew Douglas Scott, Jr., 13553 Crashaw Road, is publicly reprimanded and will continue to participate in the program offered by Florida Lawyers Assistance by continuing to comply with his rehabilitation contract and his current outpatient treatment program. On Aug. 15, 2016, Scott was adjudicated guilty of reckless driving as reduced from driving under the influence. On Jan. 24, Scott was again arrested and charged with DUI. In the new case, he also was adjudicated guilty of reckless driving as reduced from DUI. Scott is scheduled to be sentenced this month. n Justin Everett Spiller, 101 Marketside Ave., Suite 4044, Ponte Vedra, is suspended for six months, effective 30 days from a Sept. 20 court order. Spiller was hired to close on a property. The complainant wired funds into what she thought was Spiller’s escrow trust account. In fact, the wiring instructions turned out to be his operating account. When the complainant later tried to sell the property, the title search revealed that the property taxes, nuisance liens and owner’s policy had not been paid. As a result, the client had to pay the costs a second time. Spiller admitted his mistake and that he’d failed to pay for and resolve the additional matters. He also admitted that he inadvertently used the money in his operating account for other matters and subsequently refunded the money he should have used to pay the

Asbestos

29th annual Red Mass Oct. 25 The Catholic Lawyers Guild invites judges, lawyers, law students, law professors and all members of the North Florida government and law enforcement communities and their families to the 29th annual Red Mass. Diocese of St. Augustine Bishop Felipe Estevez will preside at 5:30 p.m. Oct. 25 at the Basilica of the Immaculate Conception Catholic Church, Downtown at 121 E. Duval St. A reception will follow the service. RSVP to Beth Reichard, (904) 356-6311 or breichard@ hacsr.com. MMARBUT@ JAXDAILYRECORD.OM (904) 356-2466

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William Anderson joined Jimerson & Cobb as an associate attorney in the firm’s litigation department. A graduate of the University of Florida Levin College of Law, Anderson Anderson is a former assistant public defender in the 9th Judicial Circuit in Orlando. Most recently, he was an associate with McGuireWoods in the firm’s complex commercial litigation practice.

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Thursday, October 4, 2018 • Page 11

Law firm celebrates 40 years of practice BY MAX MARBUT ASSOCIATE EDITOR

Fisher, Tousey, Leas & Ball marked a milestone Monday when the law firm’s founding partners celebrated their 40th anniversary of practice together. Established Oct. 1, 1978, the firm began with Michael Fisher and Clay Tousey Jr. specializing in estate, probate and tax law with an office in the Independent Life Building, now Wells Fargo Center. The firm has grown to 24 attorneys and 40 staff members in offices in the TIAA Building in Brooklyn, Ponte Vedra and Amelia Island. While much has changed, the firm’s founding principle has remained the same for four decades. “Our motto is ‘building businesses and protecting wealth,’” said Fisher. The partners credit the NFL, in part, for their early success in the profession, even before they became law partners. Tousey said that in the mid1970s, Hugh Culverhouse was the leading tax lawyer in Jacksonville. When Culverhouse bought the Tampa Bay Buccaneers, he left the city and his practice.

Photo by Max Marbut

Law partners Michael Fisher, left, and Clay Tousey Jr. cut their firm’s 40th anniversary cake Monday.

“Jacksonville needed a tax specialty law firm. There was a gap,” Tousey said. In the beginning, expanding the firm wasn’t on the list of priorities, but that changed. “When we had more work

than we could handle, we added people,” Tousey said. “We started off saying we would never be bigger than the number of attorneys that could sit around our conference table, but we broke our rule.”

Fisher and Tousey have witnessed how the regulations that govern their practice have changed. That’s “one of the fascinating parts of the business,” said Tousey. They’ve also witnessed how

businesses do business, from adding machines to computers. “I remember we had a lengthy firm meeting one day discussing whether a fax machine was technology we really needed,” Tousey said. For more than 39 years, the firm focused on the transactional side of practice, but that changed about a month ago when a litigation specialist was added to the attorney staff. “We think that contesting wills and trusts will be the wave of the future,” Tousey said. “The millennials have a sense of entitlement,” he added. “Despite the fact that children are entitled to nothing under the law, they feel entitled. Contests are what people do when they’re not happy with mom and dad’s will.” Another practice area for the firm is helping small business owners through the life cycle of their companies. That starts with forming the business, continues with growing the business and ends with helping develop the plan to sell or bequeath the business. “Every business owner has to have an exit plan,” Tousey said. He and Fisher are not immune from having to plan for that eventuality. “We have a great cadre of young partners. We are very fortunate. They could take over tomorrow if they had to,” Tousey said. MMARBUT@ DAILYRECORD.COM (904) 356-2466

JO IN U S FO R AN O P E N H O USE

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Whitehurst Campus Wed., Nov. 7, 9-11 a.m. Tue., Nov. 27, 6-8 p.m.

Bartram Campus Tue., Nov. 6, 9-11 a.m. Thu., Nov. 8, 6-8 p.m.

Explore a World of Opportunities Bolles Life includes a superior curriculum and the greatest variety of high-quality educational offerings in Northeast Florida for grades Pre-K to 12. Extraordinary opportunities and grand discoveries await you in our vibrant, global community. Join us for an Open House to experience a day in the life of our students. We encourage you to see

for yourself how our high-caliber teachers engage students in exciting, active and challenging learning. Try Bolles Life for a day and you might not want to leave! Discover the possibilities at Bolles. To find an upcoming Open House, please visit www.Bolles.org or call (904) 256-5030.

San Jose Campus Fri., Oct. 5, 8 a.m. Fri., Nov. 2, 8 a.m. Four Unique Campuses Ponte Vedra Beach Pre-K–5 Whitehurst Pre-K–5 Bartram 6–8 San Jose 9–12 Day and Boarding School from Pre-K through Grade 12.

LAW & THE COURTS

Founders Michael Fisher and Clay Tousey Jr. reflect on firm that has grown to 24 attorneys and 40 staff members.

Page 12 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

Old City Hall time capsule ‘gem’ from past BY MAX MARBUT ASSOCIATE EDITOR

uring demolition of the former Jacksonville City Hall along East Bay Street, a time capsule was discovered in a cavity behind the building’s cornerstone. Sealed and hidden since shortly after the building was dedicated in 1960, the capsule was opened Wednesday by Mayor Lenny Curry and City Council President Aaron Bowman during a ceremony at City Hall. “This is a gem from preconsolidation,” Curry said. After breaking the seal on the capsule, Curry and Bowman removed a collection of documents, along with a reel of magnetic audiotape and — a pack of cigarettes, Pall Mall without filters. “It was a different time then,” Curry said as the cigarettes were displayed. The capsule contained copies of newspapers, photographs of city dignitaries and several city reports. “It’s in much better shape than I expected,” Bowman said of the contents. Curry summarized a letter addressed to “the mayor who opens this time capsule,” placed inside 58 years ago by Mayor-Commissioner Haydon Burns. The letter recounted Jacksonville’s growth and accolades up to 1960 and concluded, “we hope that you will reflect favorably on the efforts,” Curry said. The artifacts will be preserved by the Jacksonville Public Library in its Special Collections Department. MMARBUT@JAXDAILYRECORD.COM (904) 356-2466

Photo by Max Marbut

City Council President Aaron Bowman looks through items found in a time capsule while Mayor Lenny Curry holds a copy of the 1959 City Annual Financial Report found inside. The time capsule, discovered in a cavity behind the cornerstone of the old City Hall on East Bay Street, was opened Wednesday. More photos at JaxDailyRecord.com

Duval County Property Appraiser suing Value Adjustment Board Holland contends board unlawfully reduced taxable value of condominium units. BY MAX MARBUT ASSOCIATE EDITOR

Duval County Property Appraiser Jerry Holland has filed suit against the county Value Adjustment Board over the board’s decision to reduce the 2017 taxable value of 96 of the 243 condominium units at a property in Baymeadows. Holland contends that the board, which has jurisdiction when a property owner challenges the taxable value of the property, unlawfully reduced the value of the 96 units.

Special to the Daily Record

The 2017 assessed value of 96 units at the Sonoma Southside Condominiums at 7740 Southside Blvd. is the subject of a lawsuit filed by the Duval County Property Appraiser.

“The VAB agreed to base the valuation on multiple ownership. It’s a bulk discount,” Holland said. The units in question are at the Sonoma Southside Condominiums complex at 7740 Southside Blvd. near Baymeadows Road.

The property owner challenged the appraised value and testified to the board that the rental income from the units should be used when setting taxable value, rather than the market value of each unit. According to the lawsuit, there

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were sufficient condominium sales within the market for the appraiser to determine the just market value of the units. The property owner testified that the rents being collected were low compared to the just market value and therefore, the taxable value should be lower than the market value if the units were sold rather than rented. Holland said the court action isn’t about the reduction in taxable value – that’s less than 20 percent – it’s about treating all Duval County property owners equally when assessing value for tax purposes. “A lot of people own multiple rental properties. If one person is being applied the law one way, then everyone should be treated that way,” he said. Holland also said his intent is not to pursue the action all the

way to the courtroom. He’s hoping the action will cause the state Department of Revenue to conduct a training session for his department and the Value Adjustment Board to make sure the appraisers and the review board better understand the statutes related to setting taxable value of property. “I’m not looking for a victory over the VAB. I want to get to an understanding with VAB about the law. We need to play with the same rule book and interpret the rules the same way,” said Holland. “If we can set a training date, we’ll drop the lawsuit.” The case is assigned to Circuit Judge Karen Cole. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466

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KRISTINA NELSON BY MAX MARBUT â€˘ ASSOCIATE EDITOR

Kristina Nelson is chair of the Jacksonville Bar Association Environmental & Real Property Law Committee. Who or what inspired you to become a lawyer? My parents, although neither is a lawyer. My dad is a doctor here in town and I truly thought I would follow in his footsteps. I like to help people and I saw how much he helped his patients. My mother also is very passionate and driven. Sheâ€™s always been involved with our community whether through nonprofits, at our school or through our sports activities.

Age: 42

Hometown: Jacksonville Family: Husband, Reed, and three children: Hallie, 11, Kinley, 8, and Briard, 3, and our dog, Zody

How do you relate your undergraduate degree to your practice of law? I have an engineering degree, which is not typical for a lawyer. However, I believe it helps me understand complex environmental reports and technical issues that I review on a regular basis.

Favorite book: I love a good mystery Book Iâ€™m reading now: â€œFull Curlâ€? by Dave Butler

How did you decide your practice area? And why have you chosen that? While in college I took classes as part of my environmental engineering degree that introduced me to environmental law. I knew then I wanted to pursue law instead.

If I could change anything in the legal system, I would: Find a way to make it more straightforward.

Partner, Finger & Nelson

Education: Vanderbilt University, bachelor of engineering, 1998; Florida State School of Law, 2001

Someone other than your spouse or partner who inspires you: My law partner, Rich Maguire, who is now deceased. He was a mentor to me and always encouraged me to look at the big picture. He was a good person and truly cared about his clients.

What has been the biggest change in your practice area since you passed the Bar? I think employers are becoming more open to allowing attorneys to be flexible and work from home.

IN THE LAW

KRISTINA GARCIA NELSON

Websites or apps I canâ€™t live without: Calendar app and FaceTime Special to the Daily Record

What community service have you pursued and why that? I am the board president of Groundwork Jacksonville, a nonprofit focused on restoring and connecting the streams and parks of Henry Kluthoâ€™s Emerald Necklace. The Emerald Necklace is made up of the waters, greenways and trails encircling the

urban core. The mission lines up well with my environmental practice as well as my love of this city.

Favorite nonwork activities: Reading, exercising, enjoying time with my family and traveling

Whatâ€™s your advice for new lawyers? Talk to other attorneys and learn what you can from them.

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Page 14 • Thursday, October 4, 2018

THE BAR BULLETIN

Jacksonville Daily Record

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM

FROM THE PRESIDENT

WORDS OF WISDOM FOR THE NEW LAWYER

INSIDE

PRO BONO WEEK

Filling an immense need As we approach the Oct. 21-27 Celebrate Pro Bono Week, attorneys are encouraged to assist one person with a civil legal matter and participate in an outreach event. PAGE 17

Photo by Max Marbut

Chief Judge Mark Mahon swore in 31 attorneys Sept. 20 at the Duval County Courthouse.

YOUNG LAWYERS

It’s part of what you don’t know you don’t know.

KATIE DEARING JBA PRESIDENT

ne of the perks of being the president of the Jacksonville Bar Association is that I get to participate in the swearing in of new lawyers, like the one that took place last month. All those newly minted lawyers, relieved to have passed the Bar exam, joining a profession they don’t really understand. Nineteen years ago this week, I sat in their place and stared up at Chief Judge Donald Moran as my parents stood behind me beaming with pride. Little did they know how many mistakes I already had made in the few weeks between taking and passing the Bar. Thankfully, I had several good mentors along the way to help me.

As I stood before the newest members of our profession last month, realizing that the lawyers who gave me counsel over the past two decades were right, I summoned some of the advice I received along the way: BE THE BEST LAWYER YOU CAN BE

In this profession, sweat the details. They are important. Proofread before you show your work to a senior lawyer, know your deadlines and read all case citations and the last argument in a 20-page memo. Attention to detail matters. Being prepared SEE DEARING, PAGE 19

True cost of a noncompete The overuse of restrictive covenants is holding back Florida’s economy. PAGE 18

ON THE BENCH

4th Judicial Circuit Judge John Guy Special talents? This judge says he has “None, zero, zilch.” PAGE 18

COMMENTARY

Protecting the innocent: Animal law is hitting its stride Proposed amendment would end the practice of racing greyhound dogs.

KELLY KARSTAEDT BAR BULLETIN EDITOR-IN-CHIEF

There are so many amazing attorneys in this city fighting to protect the rights of the innocent, the injured, the damaged and others. But there also are those who can say all their clients are innocent and aren’t able to speak for themselves. Those are the attorneys who fight for the welfare of ani-

mals. I was honored to recently spend the day learning from some animal law practitioners from around the country when I attended the Florida Animal Law Update at Florida A&M University College of Law in Orlando. The event, the first of its kind in the U.S., was conceived by the Animal Legal Defense Fund, a national organization dedicated to protecting the lives and advancing the interests of animals through the legal system. The ALDF, in conjunction with the Animal Law Section of The

Florida Bar, put on a full-day CLE event highlighting current legislative initiatives, recent and pending litigation, environmental factors and other issues affecting the welfare of animals in Florida. In November, Constitutional Amendment 13 will be on the ballot, which deals with the welfare of animals by proposing a permanent ban on greyhound racing in the state beginning in 2021. This proposed amendment, an initiative 10 years in the making, would end the brutal practice

of racing greyhound dogs for gambling purposes as well as ban wagering on greyhound races in the state. As a life-long advocate for the welfare of animals and a dog owner, I am thrilled to see a decade of hard work by so many individuals come to this. The Florida Orca Protection Act is another animal welfare legal initiative. Introduced in the 2018 legislative session but ultimately failing SEE ANIMALS, PAGE 19

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, October 4, 2018 • Page 15

PRO BONO COMMENTARY

Constitutional amendments: Prepare and study before voting

TUESDAY JUDICIAL RELATIONS Noon, Duval County Courthouse, Room 6174 Register at jaxbar.org WEDNESDAY VINTAGE LAWYERS Noon, Golden Corral, 4250 Southside Blvd. Register at jaxbar.org OCT. 12 FRANCHISE, INTELLECTUAL PROPERTY & TECHNOLOGY LAW Noon, Jacksonville Bar Association Register at jaxbar.org

BRIAN COUGHLIN JBA BOARD OF GOVERNORS

File image

The 2018 general election ballot will likely include 12 proposed amendments to the Florida Constitution. Amendments 6, 8, 10 and 13 have been reviewed by the Florida Supreme Court in recent weeks. All but Amendment 8 survived scrutiny. The Supreme Court removed Amendment 8, which would have sent control of charter schools from local districts to the state, because it misled voters by not stating its purpose clearly enough and never mentioned charter schools by name. Of the original 13 amendments, eight were proposed by the Florida Constitution Revision Commission, three by the state Legislature and two by citizen initiative. To pass, each must receive at least 60 percent approval by voters in the Nov. 6 general election. While there are 12 proposed amendments, more issues are in play due to the concept of “bundling” or “logrolling.” Both terms apply to proposed amendments that include multiple issues within the same ballot question. Only the CRC can put forth a bundled amendment. Here are summaries of each proposed amendment likely to be on the ballot: AMENDMENT 1

Florida’s homestead exemption allows homeowners to lower their property tax bills by reducing the taxable value of their primary residence. Amendment 1 would increase the exemption by an additional $25,000 for homes valued at $125,000 or more. An additional $10,000 to $15,000 of a home’s value would be exempt from taxes for homes valued between $100,000 and $125,000. Homes valued under $100,000 would be unaffected. The Florida Association of Counties estimates that if this amendment passes it would reduce revenue for state taxing authorities by more than $650 million per year.

AMENDMENT 2

Florida voters set a 10 percent cap in 2008 on property value increases for non-homestead property. The cap includes vacation homes, apartment buildings, vacant land, shopping centers and office buildings. The 2008 cap is scheduled to automatically repeal on Jan. 1. Amendment 2 would make the 10 percent limit on property value permanent. The cap will not apply if the property changes hands or is substantially improved. The

Amendment 13 would ban dog racing in Florida.

Legislature placed this amendment on the ballot.

e-cigarettes at indoor workplaces.

AMENDMENT 3

This is a four-part bundled amendment. It would require the Legislature to hold its session in early January on even-numbered years, create a state Office of Domestic Security and Counterterrorism, mandate a state Department of Veterans Affairs, and require all counties to elect a sheriff, tax collector, property appraiser, supervisor of elections and clerk of courts.

This amendment would mandate approval of new casino gambling through a citizen-initiated constitutional amendment, effectively barring the Legislature from making casino gambling decisions by passing laws.

AMENDMENT 4

Florida is one of four states that bans felons from voting after serving their sentence. Passage of Amendment 4 would allow those who have completed their entire sentence to earn back the right to vote, unless the conviction was for murder or felony sex offenses.

AMENDMENT 5

Currently, most laws related to taxes or fees must pass the state House and Senate by a simple majority. Passage of Amendment 5 would require that all increases in taxes or fees, or the creation of any new taxes or fees, must pass both chambers by a 67 percent majority. Local governments, such as cities and school districts, would be unaffected by this amendment.

AMENDMENT 6

A bundled amendment, Amendment 6 would vastly expand the scope of victims’ rights and eliminate an existing constitutional provision that victims’ rights “do not interfere with the constitutional rights of the accused.” The amendment also would increase the mandatory retirement age for judges from 70 to 75, and force courts and judges to interpret law for themselves rather than rely on interpretations by government agencies.

AMENDMENT 7

Another bundled amendment, this one would set a supermajority requirement (67 percent) to authorize universities to create or increase existing student fees. It also would specify the purpose and roles within the Florida College System, and mandate that employers or the state pay a death benefit to first responders and military personnel killed in the line of duty.

AMENDMENT 9

More bundling, Amendment 9 would ban offshore oil drilling and the use of

THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President T. A. “Tad” Katie Dearing Delegal III Delegal Law Dearing Law Offices Firm

Secretary MichelleFox Michael Bedoya Orr Barnett Alexander Dawson | Orr DeGance Barnett

President-elect Katie L. Dearing Elizabeth Ferguson The Dearing Marshall Dennehey Law Firm Warner Coleman & Goggin Treasurer Elizabeth B. Ferguson Treasurer Marshall Bedoya Michelle Dennehey Barnett Warner Coleman &DeGance Alexander Goggin Barnett

Young Lawyers Section President Alexandria Jessica Mathis V. Hill Maple Street Dawson | Orr Biscuit Co. Executive Director Jim Bailey, (904) 399-4486 Interim Executive Director Carla Ortiz-Ramos

OCT. 19 SOLO & SMALL FIRM Noon, Jacksonville Bar Association Register at jaxbar.org

AMENDMENT 10

OCT. 23 GOVERNMENTAL RELATIONS Noon, Cowford Chophouse Register at jaxbar.org OCT. 26 HEALTH & WELLNESS Noon, Jacksonville Bar Association Register at jaxbar.org

AMENDMENT 11

A three-part amendment, this one begins with a proposed repeal of Florida’s ability to prevent noncitizens from owning, buying and selling land. It also would delete a provision that forces prosecution of accused criminals under the law they were first charged under, even if the law has changed. Lastly, it would delete obsolete language in the state constitution about high-speed rail transportation.

OCT. 29 ADOPTION LAW Noon, Elizabeth R. Ondriezek, P.A. Register at jaxbar.org NOV. 1 HISPANIC & LATINO INTEREST Noon, Parra Harris Law PLLC Register at jaxbar.org

AMENDMENT 12

This amendment would impose on legislators and other elected officials a six-year ban on lobbying the Legislature or any other part of state government. The current restriction is two years. It also would include a total ban on paid lobbying by local elected officials while in office, a six-year ban on lobbying their former governing body and a ban on judges lobbying state government for six years after they leave the bench. Unlike most of the proposed amendments which would take effect earlier, this one would take effect in 2023.

AMENDMENT 13

This would ban wagering on dog racing taking place in Florida as of 2021. Dog tracks could continue offering other types of gambling, including racing in other states and poker rooms. Visit https://dos.myflorida.com/ elections/laws-rules/constitutionalamendments/ to download the complete text of the amendments as they will appear on the ballot. Election Day is Nov. 6. Early voting in Duval County begins Oct. 22.

BRIAN COUGHLIN IS A DIRECTOR AT THE BEDELL FIRM. HIS PRACTICE FOCUSES ON CRIMINAL JUSTICE.

BOARD BOARD OF OF GOVERNORS GOVERNORS MEMBERS MEMBERS Fraz Fraz Ahmed Ahmed The Coker LawLaw Offices of Eric S. Block

Blane Blane McCarthy McCarthy Blane Blane McCarthy McCarthy

Michael Michael I. I. Bateh Bateh Office Office ofof the the Public Public Defender Defender

Michael AsgharF.A.Orr Syed Dawson Gunster | Orr

Brian Brian T. T. Coughlin Coughlin Bedell Bedell Firm Firm

Asghar CyndyA.Trimmer Syed Smith Driver, Hulsey McAfee, & Busey Hawthorne & Diebenow Lindsay L. Tygart Coker, Lindsay Schickel, L. Tygart Sorenson, Coker Law Posgay, Camerlengo & Iracki

Christian Christian P. P. George George Akerman Akerman

OCT. 16 ELDER LAW Noon, Jacksonville Bar Association Register at jaxbar.org

UPCOMING EVENTS WEDNESDAY JUDGES, JA’S & JAVA 8 a.m., Duval County Courthouse, chief judge’s conference room Register at jaxbar.org OCT. 18 YOUNG LAWYERS SECTION ANNUAL GOLF TOURNAMENT Noon, Deercreek Country Club Proceeds of the JBA Young Lawyers Section “Chippin’ In for Charity” golf tournament will benefit the Northeast Florida Medical Legal Partnership. It is a partnership between Jacksonville Area Legal Aid and Baptist Health that helps 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. To register, donate or sponsor, visit jaxlegalaid.org/ylsgolf/ NOV. 7 AFTERNOON AT THE COURTHOUSE Time to be determined Register at jaxbar.org

EDITORIAL EDITORIAL COMMITTEE COMMITTEE Editor-in-chief Editor-in-chief Cynthia Kelly Trimmer Karstaedt Driver, McAfee, Karstaedt Peek&&Stanko Hawthorne Editors Iana Iana Benjamin Benjamin Darlington Darlington Jordan Jordan Law Law Dave Dave Chauncey Chauncey Alexander Alexander DeGance DeGance Barnett Barnett Ashlea Ashlea Edwards Edwards GrayRobinson GrayRobinson

Kelly Jessica Karstaedt Mathis Karstaedt Dawson&| Orr Stanko Adina Kirsten Pollan Oliver Pollan Steve Legal Watrel, P.A. Adina Pollan Pollan Legal

JBA CALENDAR

COMMITTEE MEETINGS

Page 16 • Thursday, October 4, 2018

THE BAR BULLETIN

From left, Mariana Munoz-Parsons, Valeen Arena and Young Lawyers Section President Jessica Mathis.

Jacksonville Daily Record

Photos special to the Daily Record

From left, Brandon Cook, Kayla Haines, John Weedon, Elizabeth Lopez and Chris Hunter, who is with Merrill Lynch.

YLS celebrates after swearing-in ceremony T

he Young Lawyers Section of the Jacksonville Bar Association hosted a social sponsored by Merrill Lynch at The Justice Pub on Sept. 20 after the swearing-in ceremony for recent law school graduates. After they became attorneys, the newest members of the Bar had the opportunity to network and socialize with other young lawyers while celebrating the accomplishment of becoming a Florida licensed attorney. Congratulations to all the new members of The Florida Bar.

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 .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.

Upcoming CLEs OCT. 16 ADR COMMITTEE MEETING Noon, Florida Coastal School of Law Approved by The Florida Bar for 1.0 CLE Credit Register at jaxbar.org OCT. 23 ENVIRONMENTAL & REAL PROPERTY LAW COMMITTEE LUNCH & LEARN Noon, Rogers Towers Topic: Marketable Record Title Act 1.0 CLE, 1.0 business litigation, 1.0 real estate, 1.0 state and federal government and administrative practice, 1.0 tax law and 1.0 wills, trusts and estates certification credits approved by The Florida Bar Lunch sponsored by First American Title Insurance Co. Register at jaxbar.org

Keep involved in the JBA

Key reasons to renew JBA membership

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.”

n Bench & Bar Holiday Party free to members n Summer Judicial Reception free to members n General & 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 edition of Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n JBA E-News member email n Free listing in website directory with photo

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, October 4, 2018 • Page 17

PROBONO BONO PRO

Pro Bono champions honored by JALA BAR BULLETIN STAFF

Jacksonville Area Legal Aid’s 19th annual Robert J. Beckham Equal Justice Awards Celebration was Sept. 20 to recognize outstanding pro bono contributions made by attorneys in the 4th Judicial Circuit. Holland & Knight partner George E. “Buddy” Schulz Jr. received the Equal Justice Award. In addition, eight attorneys and the Canan Law and Driver, McAfee, Hawthorne & Diebenow law firms were recognized for their extraordinary service. Circuit Judge Hugh Carithers, chair of the 4th Circuit Pro Bono Committee, also presented awards: n Debbie Lee Clark, Champion for Low-income Seniors

Clark offers presentations at HUD residential facilities, senior centers and in public libraries and has assisted participants with probate, will creation and advance directives matters.

n James Russell Collins, Positive Impact Beyond St. Johns

Collins has earned a pro bono service award from St. Johns County Legal Aid for 10 years in a row. He volunteers hundreds of hours of service each year to those in need.

n Lisa Anne DiFranza, Standing with Vulnerable Adults

DiFranza helped establish a guardianship and guardian advocacy pro bono project and is a regular presenter in the Lawyers in Libraries project.

n Crystal Freed, An Advocate for Survivors

Freed is a nationally recognized leader in the fight against human trafficking and has represented survivors of forced labor and sex trafficking in civil matters, wage claims and establishing immigration documentation.

n John Wilson Humes Jr., At Mary

Singleton, the Lawyer is In

On Tuesday mornings, Joe Meux Sr., who received this award in 2013, and Humes visit the Mary Singleton Center and

Special to the Daily Record

Outstanding pro bono service honorees, from left, Circuit Judge Hugh Carithers, Tania Schmidt-Alpers, Jeanine Sasser, Douglas Milne, John Humes Jr., Crystal Freed, Debbie Lee Clark, Rusty Collins and Lisa DiFranza.

assist seniors in matters including advance directives, will creation, contracts, collections and housing. n Doug Milne, A “Go To” Advocate for Decades

Milne has been on the frontline of civil legal assistance for low-income residents for the duration of his career. He has served on the JALA board of directors and on the board of the JALA Foundation and volunteers to assist clients with probate, trusts and foreclosure matters.

n Jeanine Beard Sasser, General Practitioner for Some Most in Need

From family law to Social Security appeals to wills and advance directives, Sasser has provided pro bono services to families for decades. She participates in estate planning intake at JALA and at the City Rescue Mission.

n Tania Schmidt-Alpers, Advocacy When Time is of the Essence

Tania Schmidt-Alpers has been a champion of domestic violence victims since she started practicing in 1996. She volunteers at shelters and accepts many deserving family law matters, totaling hundreds of hours of pro bono service every year.

n More awards: The law firms Canan Law and Driver, McAfee, Hawthorne & Diebenow were recognized for the pro bono contributions made by their partners and associates.

Cases awaiting a volunteer lawyer can be reviewed at floridaprobonomatters.org. Type the county into the search bar and request information on an available case. Contact kathy.para@ jaxlegalaid to learn more about pro bono opportunities.

Special to the Daily Record

Jacksonville Area Legal Aid Executive Director Jim Kowalski, left, with State Attorney Melissa Nelson and Equal Justice Award recipient Buddy Schulz.

Celebrate Pro Bono Week: You can make a difference

KATHY PARA JBA PRO BONO COMMITTEE CHAIR

Opportunities are ready for volunteer attorneys. There always is immense need for pro bono legal services. For families with few resources, the impact of a legal issue can lead to homelessness, poor health or unemployment and for children,

failure in school. As we approach the Oct. 21-27 Celebrate Pro Bono Week, attorneys are encouraged to assist one person with a civil legal matter and participate in an outreach event. The purpose of Celebrate Pro Bono Week is to recognize the service of volunteer attorneys who assist low-income people; recruit attorneys; and build awareness of pro bono services in the community.

daprobonomatters.org and use the county drop down menu to choose a case.

THROUGH OCT. 31 FLORIDA PRO BONO MATTERS AND NO CASE LEFT BEHIND

The goal is to have volunteer lawyers speaking with public library patrons about access to justice and to demonstrate through a presentation the online legal resources that a patron can access for legal assistance. Florida Legal Services will develop the presentations and

Members of the Large Firm Pro Bono Roundtable rally attorneys in their firms to take a case. The goal is to “clear the backlog” and accept at least 50 cases in the weeks leading up to Celebrate Pro Bono Week. Visit flori-

THE JBA PRO BONO INITIATIVE: TIME TO COMMIT

Each Jacksonville Bar Association committee is encouraged to identify at least one pro bono effort that provides an opportunity for committee members to increase access to justice for low-income people.

LAWYERS IN LIBRARIES

send them to volunteers in advance of the program. OCT. 30 JALAWEEN AND MEET THE JUDGES

Jacksonville Area Legal Aid at 126 W. Adams St. will host an open house and reception at 5:30 p.m. as a “thank you” to pro bono attorneys and supporters. From 4-6 p.m., children from area nonprofits that serve the needs of families will be invited to participate in carnival games and trick-or-treating. Adult guests will be invited to an informal happy hour at the Zodiac Bar & Grill. The event is sponsored by the law firm of Driver, McAfee, Hawthorne & Diebenow. Attorney RSVP is appreciated, but not required, to kathy.para@ jaxlegalaid.org.

JALA INTAKE NIGHT

Jacksonville Area Legal Aid Intake Night and Case Acceptance Forum coordinated by Christian Legal Society, 6-7:30 p.m. at the City Rescue Mission, 426 S. McDuff Ave. Interested attorneys should contact Blane McCarthy at bgm@bgmccarthy. com.

CONTACT ANY MEMBER OF THE JBA PRO BONO COMMITTEE FOR MORE INFORMATION AND WAYS TO PARTICIPATE IN OUR CELEBRATION OF PRO BONO SERVICE. CASES IN NEED OF A VOLUNTEER ATTORNEY CAN BE REVIEWED AT FLORIDAPROBONOMATTERS. ORG. YOU ALSO MAY CONTACT KATHY.PARA@JAXLEGALAID. ORG OR LAURA BOECKMAN AT LAURA.BOECKMAN@ MYFLORIDALEGAL.COM

ON THE BENCH

Page 18 • Thursday, October 4, 2018

THE BAR BULLETIN

Jacksonville Daily Record

JOHN GUY BAR BULLETIN STAFF

Fourth Judicial Circuit Judge John Guy was appointed to the bench in 2015 after 22 years in the State Attorney’s Office. Who or what inspired you to become a lawyer? My four siblings.

current president of the Florida Family Law American Inn of Court.

Other than your spouse, who inspires you now? My three daughters.

What is your favorite book? Difficult to pick just one, but I’ll say “Beach Music” by Pat Conroy.

How do you relate your undergraduate degree to your practice on the bench? I majored in psychology. Listening conscientiously and considering a litigant’s perspective is helpful in my current assignment as a Family Law judge.

What is your favorite movie? “Raiders of the Lost Ark”

What community service have you pursued and why? I am a mentor with Take Stock in Children, working with a senior at Jackson High School. I also speak frequently at local high schools. It is critical to interact with our youth and explain the structure and importance of our government and the various roles therein. Do you currently serve on the JBA in any committee? I serve on the Judicial Relations Committee, and on the 4th Circuit Pro Bono Committee. Do you have any leadership roles within the community? I am the

Do you have any special talents? None, zero, zilch. But I wouldn’t mind taking a stab at writing country songs. If you weren’t a judge what do you think you’d be? After college I was a sports journalist, so perhaps something in that area. Have you traveled anywhere exotic? My favorite trip was Turks and Caicos. If you could meet someone from history, who would it be and why? George Washington, because he was a remarkable American and leader. What’s your favorite food? Mexican What’s your favorite holiday? Christmas Special to the Daily Record

YOUNG LAWYERS

Measuring the true cost of noncompete agreements

JAMES POINDEXTER YOUNG LAWYERS SECTION BOARD OF GOVERNORS

Covenants have the potential to hurt the economy. Most everyone reading this article has experienced it. After unboxing your new Apple iPhone, you begin the arduous task of trying to restore your contacts, calendars, applications and emails. A few dialogue boxes appear asking you to accept “this” and agree to “that” and before you

know it, you are up and running. I imagine there are only a few Apple users who have taken the time to read each of those agreements before giving their consent. I imagine there are even fewer who have provided Apple with a redlined version of the agreement. For the most part, consumers understand that they must accept whatever terms are offered or they will not be able to use their product. For many employees in Florida, signing new hire documents has become a routine part of the hiring process. After getting a new job, many employees are handed large packets of boilerplate contract agreements, many of which the employee cannot understand and has no means of negotiating. For many employees, one of the documents that must be signed and returned is a noncompete agreement or other contract containing restrictive covenants. Considering the importance of preserving

competition in our economy, the Florida Legislature has regulated the usage and enforceability of restrictive covenants in the employment context. Unfortunately, noncompete litigation is commonly a “David and Goliath” situation. Many employers pursue their former employees through emergency injunctions that few employees have the resources to defend against. Often, trade secrets are not truly secrets, confidential information is not kept confidential, business relationships are not truly substantial or training is not specialized. Even so, many employees are met with insurmountable cost barriers that prevent them from asserting their defense, and as a result, are enjoined from fairly competing in the only career they know. Beyond the cost of litigating such agreements and the financial burden the litigation places on our courts, there is an economic toll that is dealt by the

overuse of restrictive covenants in employment agreements. It should be considered by conscientious employers before choosing to enforce such agreements. In March 2016, the U.S. Department of the Treasury published a report finding that 37 percent of employees reported signing a noncompete agreement with an employer or former employer while only 24 percent reported possessing trade secrets. Faced with a noncompete, some employees choose not to leave their employer while others are forced to start over in a new career or sit out of the labor force for the duration of the agreement’s term. These anti-competitive outcomes lead to higher unemployment, lower wages and less innovation. Balancing the protection of trade secrets and confidential business information with the economic need for healthy competition in the marketplace is not an easy task, and the Legislature

has not provided much guidance on how to resolve such disputes. The statute provides for the enforcement of such agreements if they are “reasonably necessary to protect the established legitimate business interest. . .” sec. 542.335, Fla. Stat. Determining what constitutes a “legitimate business interest” and what is “reasonable” has been left to the judiciary to decide at the emergency injunctive stage of the litigation. The Legislature has an interest in preserving its citizens’ ability to freely move between businesses. Doing so leads to more competition, lower unemployment, higher wages, innovation and a stronger economy. While unfair competition should be prohibited through such contracts, the overuse of restrictive covenants is holding back Florida’s economy. JAMES POINDEXTER IS AN ASSOCIATE WITH DELEGAL LAW OFFICES PRACTICING LABOR AND EMPLOYMENT LAW.

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Animals CONTINUED FROM PAGE 14

to make it out of subcommittee, this legislation would end the captive orca trade in Florida. SeaWorld announced in 2016 it would end its orca breeding program, a policy that includes not collecting orcas from the wild and phasing out the theatrical shows for more natural orca encounters. The act seeks to codify SeaWorld’s policy into law, making it illegal to breed orcas in captivity, transport them into Florida or out of North America, or hold them in captivity, except for those already captive in the state. It is important to note that SeaWorld is not the only organization holding captive orcas in Florida. An orca named Lolita has been on display at the Miami Seaquarium since 1970 after being captured in the wild. The People for the Ethical Treatment of Animals, along with the ALDF and others, filed suit, claiming Lolita has been subjected to undue harm and harassment from her living conditions and forced performances and seeking to have her relocated to a sanctuary. The action was dismissed by the U.S. District Court for the Southern District and affirmed on appeal by the 11th Circuit Appeals Court. Currently, the case is up for review again. There are many other legal actions pending that seek to protect animals from harm. Some are criminal proceedings that are tied to human abuse cases or Special to the Daily Record were found through investigatAssistant State Attorney Cyrus Zomorodian presented on the intersectionality of animal law and criminal law at the Florida Animal Law Update in Orlando. ing other criminal activities. Fourth Judicial Circuit Assistant State Attorney Cyrus KELLY KARSTAEDT IS A Zomorodian presented at the punishment because there are prosecuting dog fighting rings Fighting for the welfare of SHAREHOLDER IN THE FIRM meeting on the convergence of limited resources to prosecute and how environmental laws animals, and the humans they animal law and criminal law. He animal cases, he said. affect animal protection. live and work with every day, is a OF KARSTAEDT & STANKO, P.A. AND THE EXECUTIVE DIRECTOR stated that “there is a great corOther topics of interest preThe meeting was a fascinating passion and a lifelong career for OF THE JACKSONVILLE JUSTICE relation between animal abuse sented were protecting the rights look into how legal practitioners many attorneys in Florida and I ASSOCIATION. and human physical abuse.” of service animal owners, civil are encountering and handling applaud the amazing work they However, animal neglect and actions involving animal custody animal law issues in their pracare doing. abuse cases often go without issues, the growing problem of tices.

Dearing: Find a mentor, make time for life CONTINUED FROM PAGE 14

and doing good work not only will impress your partners and judges, but it will result in better assignments because you will be trusted with more responsibility. SEEK OUT NEW OPPORTUNITIES

If your workload can handle it, ask for more work and seek out new opportunities. For example, if you are a junior member of a litigation team, look for chances to go to court and ask to make arguments. Ask for challenging assignments, take risks, be prepared to make mistakes and continually strive to improve yourself while making yourself invaluable to the team. Though you want to earn your own reputation, this profession isn’t a zero-sum game. Offer to help colleagues and they will remember it.

ASK QUESTIONS OF SENIOR LAWYERS AND PARTNERS

Many young lawyers entering the profession think admitting to not knowing something shows weakness. The truth is that senior lawyers do not expect newly minted attorneys to know much of any-

thing, and asking questions is a way to learn and demonstrate interest. You want to get the assignment right, rather than let the client or the senior attorney down by handing in the wrong work. Just be smart about when, how and of whom you ask questions. HONE YOUR SKILLS

An early mentor of mine told me to jump at the opportunity to cross-examine a witness or to pick a jury as a young lawyer because those are the hardest, most important and most intimidating aspects of trial work. He was right. You only get better by doing, so seek out opportunities to hone your skills early and often.

KNOW THAT YOU WILL MAKE MISTAKES

Everyone makes mistakes. Everyone. New lawyers, old lawyers, senior partners, junior lawyers; all lawyers (and judges) make mistakes. If you don’t, you probably aren’t seeking out enough opportunities or stretching yourself to your potential. Like in all aspects of life, it’s how you respond to mistakes that matter. Correct them and

confess error. Don’t be afraid to ask for help. MAKE TIME TO DEVELOP YOUR OWN RELATIONSHIPS AND REFERRAL NETWORKS

Law is a profession, and a noble one, but it’s also a business. Know your current value and your potential value. Your current value may be keeping your head down, working as many hours as possible and doing stellar legal work for senior lawyers to whom you report. You have to do that. But don’t lose sight of the fact that you won’t develop clients sitting at your desk. You will need to make relationships of your own and develop your own referral sources. Having your own clients makes you more valuable to your current firm and gives you leverage to make a career change if that’s what’s best. So however daunting your workload seems, make time for lunches and other outings with people who will increase your future value.

FIND A MENTOR AND A SPONSOR

One problem with being a new lawyer is that you don’t know what you don’t know. Questions

arise with each new matter or situation. You’ll need someone with experience to provide knowledge and insight on things like how to develop business, how to manage time, whether to grant extensions, how to handle an uncomfortable work environment, whether your current firm or job offers the best chance for growth, how to advance in your firm and the million other questions you don’t yet know to ask. Find a senior lawyer you respect, trust or naturally gravitate toward, whether inside or outside your office. If you need help finding a mentor, the Jacksonville Bar Association can provide one. In addition to finding a mentor, find a sponsor – someone who advocates for you and helps you advance your career, who recommends you for assignments, who gets you involved in client development activities and who puts you up for welldeserved recognition. YOUR REPUTATION MATTERS

Remember, it’s a long career and your reputation is everything. Do good work. Be honest. Be respectful. Be professional. That doesn’t mean paying lip

service to professionalism, and it doesn’t just mean not sending nasty emails to opposing counsel. It also means when a lawyer asks for an extension, the answer is usually yes. When someone has a personal situation (without explaining more) and needs accommodation, offer it. What goes around comes around and if you are a gracious adversary, you will likely be shown grace when you inevitably need it. Remember, you never know what’s going on in someone else’s life. The day you choose to address late discovery responses could be someone else’s worst day. Choose kindness and respect. MAKE TIME FOR LIFE

Run. Go out with friends. Read. Go to football games. Whatever you do for sanity and enjoyment, keep doing it. You will need it now more than ever. You will be a happier person, will enjoy your job more and will be more likely to stay in this profession longer if you feel fulfilled.

KATIE DEARING IS PRESIDENT OF THE JBA BOARD AND JUDGEELECT FOR THE 4TH JUDICIAL CIRCUIT.

YOU SHOULD KNOW

Page 20 • Thursday, October 4, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

BILL HUGHES BY KAREN BRUNE MATHIS • EDITOR

Bill Hughes recently retired as a 22-year veteran of the PGA Tour and TPC Network, the past 12 years as chief operating officer and general manager of TPC Sawgrass. He will be honored Nov. 3 by the JDRF North Florida Chapter at its 18th Annual JDRF Miracles Gala at the Sawgrass Marriott Golf Resort & Spa. JDRF formerly was known as the Juvenile Diabetes Research Foundation. For just over 22 years, I’ve been the general manager of one of the PGA Tour golf course properties around the United States. The PGA Tour owns and operates a number of high-end golf facilities around the United States called Tournament Players Clubs.

kids my age on a baseball field near my home. They had a stick and a ball. I walked over, and they introduced me to the game. The next thing I knew, I was out at a local public golf course and started playing the game. It was magical, really. I was the starting quarterback from the sixth grade up until the time I decided to play golf seriously. I was going into my senior year in high school. Golf became a fall sport. I had to decide whether I was going to continue to play football or I was going to play this game called golf. I made the decision to play golf.

I’m proud to be a PGA golf professional. I played high school and college golf. I grew up in northwest Ohio with a dream of playing on the PGA Tour. I chased it as far as I could chase it and it just didn’t turn out for me. I was not able to make a living playing the game of golf. I decided to follow my passion for the game as a career and I’ve been in it now for 38 years. At 61 years old, I’m transitioning out of the day-to-day, 24/7 responsibilities of an executive in the golf-hospitality industry. The game has been good to me and my family. It’s been a lot of fun overseeing golf courses and managing these world-class facilities like TPC Sawgrass. The PGA Tour is a multibillion dollar a year industry. Ponte Vedra Beach is the home of the PGA Tour. It’s the home of professional golf worldwide and it’s also the home of the World Golf Hall of Fame. I grew up in the Midwest. My mother, father and family shared a passion for open-wheel racing in the Midwest, particularity the United States Auto Club series, which took drivers to the Indianapolis Motor Speedway. That is the ultimate goal of every kid that drives race

Special to the Daily Record

cars, just like kids who play golf want to play on the PGA Tour. I got to follow both dreams as a child. I was driving Quarter Midgets as a young man from 5 years old until I was 13 years old and I was paving my way to the Indianapolis Motor Speedway. By mistake, after a racing accident that sidelined me for a few months, I found the game of golf at 13 years old. Bored out of my mind one day at home, I saw these two

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There probably is not a professional golfer that I haven’t had the opportunity to get to know of my generation — the greats from Arnold Palmer and Jack Nicklaus to Tiger Woods, Jordan Spieth and Justin Thomas. I’ve watched the young men come up from junior golf, college golf and amateur golf. Some I’ve known since they were born. I have had a career that few could imagine. I’ve also been married for 32 years to the most beautiful woman on the planet and have two children that I adore. Now that I have some time for maybe the first time in my life to take a deep breath and relax, I can’t wait to spend time with my family and those that have been most important to me. They deserve it. And just maybe, I do too.

6:00 PM RECEPTION

featured panelists

This is a free event sponsored by Women2Women

Organization: PGA Tour 1996-2018 as regional director and general manager Age: 61 Education: Honorary doctorate degree, Flagler College Family: Molly, wife of 32 years; daughter Kelsey, 27, and son Chip, 26 Hometown: Curtice, Ohio Hobbies: Motor sports, golf, rodeo

Join us for an in-depth discussion of policy issues of concern to the Women of Jacksonville and Northeast Florida.

Moderated by

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Title: PGA Master Professional

KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

tuesday october 16th

6:30 PM DISCUSSION

ABOUT HUGHES

Melanie Lawson-Minor ANCHOR - NEWS 4 JACKSONVILLE

Sarah Chamberlain

CEO - MAIN STREET ADVOCACY

Audrey Moran

Anna Lopez Brosche

Sabeen Perwaiz

KC Padget

SENIOR VP FOR SOCIAL RESPONSIBILITY AND COMMUNITY ADVOCACY BAPTIST HEALTH

EXECUTIVE DIRECTOR FLORIDA NONPROFIT ALLIANCE

COUNCIL MEMBER JACKSONVILLE CITY COUNCIL

PAST PRESIDENT OF WOMEN BUSINESS OWNERS OF N. FLORIDA

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