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The Mathis Report: Turnover at The Markets at Town Center PAGE 4
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JACKSONVILLE
Record & Observer Project Buckeye would bring 21 new jobs
A CONTENTIOUS DISPUTE BETWEEN A LANDLORD AND JACKSONVILLE A BUSINESS OWNER TAKES AN UNEXPECTED TURN
Record & Observer
JOURNEY TO RECONCILIATION JACKSONVILLE
New Jersey-based toy company seeking $689,000 in city and state incentives.
Record & Observer BY DAVID CAWTON
STAFF WRITER
At the heart of the dispute were the Sleiman brothers’ plans to acquire and revitalize the then 54-year-old shopping center in which Hoback was leasing. As it can be with lawsuits, it was contentious. In July 2016, the Sleiman brothers, through Olde Mandarin LLC, paid $920,000 for the about 7,000-squarefoot retail building. There were no other tenants.
Jacksonville City Council members will decide whether to approve an economic development agreement to bring 21 new jobs to Northwest Jacksonville. A New Jersey-based company, known as Project Buckeye, is seeking $689,000 in city and state-backed financial incentives to set up a manufacturing and distribution facility. According to legislation filed Wednesday, Buckeye is a manufacturer and distributor of children’s toys, art and stationery products with 150 employees nationwide. It plans to hire 21 full-time management and administration employees in Jacksonville at 115 percent of Florida’s average wage, or $53,298 annually. A fact sheet attached to the legislation states Buckeye plans to lease 293,000 square feet of space in a $12 million warehouse facility to be built in Northwest Jacksonville. Buckeye seeks a Recapture Enhanced Value grant from the city worth 50 percent of the ad valorem taxes generated from the project. The city estimates the REV grant to be worth $626,000 over 10 years. Additionally, the company is asking for a $63,000 Qualified Target Industry Tax Refund to hire 21 employees by year-end 2020. The grant pays $3,000 per new job created. The city is responsible for
SEE JOURNEY, PAGE 10
SEE PROJECT, PAGE 9
JACKSONVILLE
Record & Observer Photo by Karen Brune Mathis
Triforce Development owners Paul and Louis Sleiman, left and right, with Ryan Hoback, owner of Hoby’s Honey & General Store. The Sleimans and Hoback found themselves at odds in 2017 when the brothers bought the shopping center where Hoback was a tenant.
BY KAREN BRUNE MATHIS EDITOR
R
yan Hoback recently closed in on six months at the new address for his relocated business, Hoby’s Honey & General Store. He opened his rustic country store April 7 in the Gates of Olde Mandarin at 11362 San Jose Blvd. just two-tenths of a mile north of its former location in a shopping center
at 11467 San Jose Blvd. A credit union bought the shopping center in March. It was a short move but also a journey. THE DISPUTE
Hoback, now 40, closed his previous store in June 2017 under circumstances that found him in court with his thennew landlord, Triforce Development LLC. Triforce is owned by brothers Louis and Paul Sleiman, now 26 and 27.
Restaurants: Good Dough opening store at Town Center PAGE 5 Cawton Report: City accepts grant from UAE for Irma relief PAGE 8 OBSERVER MEDIA GROUP
THE BASCH REPORT
CSX beats profit estimates, plans to keep cutting jobs CEO says company ahead of expectations PAGE 6 VOLUME 1, NO. 20 • ONE SECTION
Page 2 • Thursday, October 18, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
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WHAT’S TRENDING
Sprouts announces plans for a Jacksonville store Sprouts Farmers Market Inc. is coming to The Markets at Town Center. Sprouts said opening and hiring details will be announced in 2019. “Sprouts’ unique grocery model which focuses on health and value is resonating extremely well in Florida, and we’re thrilled to continue to expand and grow in new communities across the state next year,” said Sprouts Corporate Communications Manager Diego Romero. Sprouts is awaiting approval of a building permit to turn the former Best Buy into the Arizona-based natural foods chain’s first Jacksonville store. No contractor is listed for the project, described as a $2.5 million remodeling of a 30,162-square-foot space for Sprouts at 4873 Town Center Parkway. Sprouts says it specializes in fresh, natural and organic products “at prices that appeal to everyday grocery shoppers.”
Jacksonville Record & Observer is a free weekly business newspaper available in Downtown Jacksonville and key business nodes throughout Jacksonville. To find a location near you, visit jaxdailyrecord.com/rack-locations. Editorial content focuses on news and trends, with a concentration on development, law, companies, economic and industry trends and how local and state government affects business. Realty-Builder is a monthly publication connecting Northeast Florida’s real estate professionals and homebuilders. Content focuses on timely news, information and trends affecting residential real estate sales and construction, as well as events and legal issues impacting the industry. Visit Realty-Builder.com to request your free copy.
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OakLeaf developers plan St. Johns community
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The company that developed OakLeaf Plantation in Duval and Clay counties is proposing another expansive neighborhood, this one in St. Johns with up to 10,700 residential units and 1.7 million square feet of commercial space. The Hutson Companies, based in St. Augustine, submitted plans for review by the St. Johns River Water Management District to develop SilverLeaf, a master-planned community on 8,500 acres between County Road 210 and County Road 16A. The developer is connecting those roadways by constructing 7.5 miles of roads, including a new street — SilverLeaf Parkway — and extending St. Johns Parkway farther south. The community, which will take eight to 10 years to build-out, will start with three neighborhoods, said Kathy Merrow, Hutson’s marketing manager.
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MOVIE THEATERS The Pavilion at Durbin Park lands Cinemark Cinemark plans to open a 12-screen movie theater at The Pavilion at Durbin Park by fall 2019. “Cinemark is proud to bring the ultimate moviegoing experience to The Pavilion at Durbin Park,” Cinemark CEO Mark Zoradi said in a news release. The company said all auditoriums will feature its “Luxury Loungers,” electricpowered, plush, oversize recliners with footrests and cup holders. The Pavilion at Durbin Park is under development in northern St. Johns County. Almost 20 retailers and restaurants, including Walmart and The Home Depot, are signed. The Pavilion at Durbin Park is a joint-venture development between Gate Petroleum Co. and Gatlin Development Co. “Joining Walmart, Home Depot, Burlington and Petco, the theatre will anchor our family entertainment wing, which will have a collection of sit-down restaurants in a beautifully landscaped environment,” said Frank Gatlin III, CEO and president of Gatlin Development.
RETAIL Baer’s Furniture plans store near Ikea Florida-based Baer’s Furniture Co. Inc. plans to build its first store in Jacksonville at northwest Gate Parkway and Point Meadows Drive, across from Ikea. Jason Ryals, principal with Colliers International Northeast Florida, said Baer’s paid $3.2 million for about 4 acres from Tampa-based Brightwork Real Estate. He said construction likely will start next summer with completion by year-end 2019 or early 2020. Baer’s, with 16 locations statewide, describes itself as “Florida’s premium furniture and mattress store.”
CORRECTION
At the Oct. 9 City Council meeting, Matt Schellenberg introduced legislation, 2018-694, opposing a constitutional amendment that would create another $25,000 homestead exemption for Florida's residential property owners. Schellenberg asked for a one-cycle emergency, so the bill should be considered during the council Rules Committee. Because of a reporter's error, an item in the Oct. 11 Cawton Report was incorrect.
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Thursday, October 18, 2018 • Page 3
Professor: Protectionism can be a positive ECONOMIC TRENDS
Walter Russell Mead tells the World Affairs Council of Jacksonville how economic policy has fared in history. BY MARK BASCH CONTRIBUTING WRITER
The pros and cons of protectionism in U.S. trade policy are a hot topic now in Washington, D.C., but it’s an issue with a long and complicated history, Walter Russell Mead said Tuesday. “When you look at it from an economic history perspective, protectionism is bad; free trade is good,” Mead said during a luncheon talk to the World Affairs Council of Jacksonville. However, many countries have benefited from protectionist policies over the past two centuries, said the professor of foreign affairs and the humanities at Bard College and The Wall Street Journal global affairs columnist. “I’m kind of stuck here,” he said during the event at The River Club Downtown. “Protectionism may be problematic. But there are clearly times when people have used it and benefited from it.” For example, protectionist policies helped the United Kingdom become an economic power in the 1800s and helped the U.S. become the dominant business power in the first half of the 20th century, Mead said. He compared protectionism with chemotherapy, which is a poison to cancer cells. Protectionism is “a poison, yes, but sometimes the uses of it outweigh the disadvantages,” he said. The World Trade Organization may be associated with free trade but it also includes elements of protectionism, Mead said. One way it promotes protectionist policies is excluding agriculture from its trade rules. “Protection of farmers is one of the most powerful political forces that exist,” Mead said. Countries that have suffered from food shortages, especially during and after wars, promote protectionist agriculture rules to ensure their people have food security. “They’re willing to pay an economic price to have enough food,” Mead said. “It’s very hard to argue that
Photo by Renee Parenteau
Walter Russell Mead, professor of foreign affairs and the humanities at Bard College and a global affairs columnist for The Wall Street Journal, spoke to the World Affairs Council of Jacksonville on Tuesday.
from a pure economic policy perspective,” he said. But, “you end up with real distortions in the markets.” The U.S., in the aftermath of the Great Depression and World War II, loosened its trade policies to allow American businesses to sell goods overseas. “We weren’t going to get those markets unless we opened up our own markets,” Mead said. “We let the Europeans have higher protections on their goods than we placed on them.” The U.S. was willing to do that because it needed vibrant markets to sell goods.
“You can’t get rich selling to a poor man,” Mead said. During the Cold War, the U.S. also was promoting capitalism to developing countries, hoping that free trade policies would prevent them from aligning with communism, he said. “It had the effect we were looking for. The Third World developed rapidly,” he said. Now those smaller countries and large ones like China have developed their economies with the help of lenient U.S. trade policies. “The Trump argument is, OK, that time is over,” Mead said. Mead cited a story about
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Abraham Lincoln meeting future wife Mary Todd and telling her he wanted to dance with her in the “worst way.” President Donald Trump may be dancing through trade negotiations in the worst way, Mead said, but “I actually think it’s a dance that needs to happen.” Mead doesn’t have answers himself on how to resolve trade disputes with the world. “The answers are going to have be worked out by a lot of people,” he said.
“Protectionism may be problematic. But there are clearly times when people have used it and benefited from it.” WALTER RUSSELL MEAD, PROFESSOR OF FOREIGN AFFAIRS AND THE HUMANITIES AT BARD COLLEGE
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Page 4 • Thursday, October 18, 2018
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THE MATHIS REPORT
Businesses shuffle at Town Center KAREN BRUNE MATHIS EDITOR
BlackFinn Ameripub shuts down, but commercial real estate broker says building soon will be leased.
Photos by Karen Brune Mathis
Stores and restaurants — some of them big names and big boxes — are turning over at The Markets at Town Center and the adjacent St. Johns Town Center. Among the latest, BlackFinn Ameripub, which opened in The Markets at St. Johns Town Center in 2010 and renovated in 2014, closed Sunday without public notice. BlackFinn representatives have not responded to emails or phone calls. A handwritten sign on the door says “BlackFinn is permanently closed.” BlackFinnJax LLC faces a foreclosure suit filed by a lender in April. Helen Ciesla, general manager of The Markets at Town Center, said she hadn’t been aware of the impending closing. The restaurant manager turned over the keys and BlackFinn vacated, she said, and the last day of operating was Sunday. BlackFinn has closed at least eight locations across the country since 2014, with most since 2017, and continues to operate six. The Markets at Town Center restaurant operated at 4840 Big Island Drive in a 9,700-square-foot building owned by landlord Hines. Hines Global REIT 4875 Town Center LLC owns the 0.63-acre property, which is assessed at almost $3.5 million for tax purposes, according to the Duval County Property Appraiser. Ciesla said Hines is marketing the property through The Shopping Center Group. “We look at this as an opportunity,” she said.
BlackFinn Ameripub at 4840 Big Island Drive at The Markets at Town Center shut down Sunday, The shopping center’s general manager said she hadn’t been aware of the impending closure.
Jason Ryals, executive vice president with Colliers International Northeast Florida, expects the building to be leased soon. “They have several people lined up for that space,” Ryals said, just as the closed Mitchell’s Fish Market in St. Johns Town Center was leased by True Food Kitchen, a healthy food concept new to Jacksonville. BlackFinn was the third significant restaurant to close within the past year in the St. Johns Town Center area, and the other two already have new tenants. Mitchell’s Fish Market, which closed over New Year’s weekend at 5205 Big Island Drive in St. Johns Town Center, is being renovated for True Food Kitchen with a scheduled opening Nov. 7. The Ovinte wine bar closed in July at 10208 Buckhead Branch Drive and is under renovation for Kamiya 86. Ovinte replaced The Original Pancake House in Town Center. While not recent, Whisky River closed in January 2014 after four years at The Markets at Town Center. A lawsuit showed Hines evicted the restaurant and lounge because of rent nonpayment. It was replaced in October 2015 with Cooper’s Hawk Winery & Restaurant, which Ciesla said was well received by customers. And the Suite lounge closed in April 2017 at The Markets at Town Center after a shooting in the parking lot, although Suite did not say why it closed. Most of the Suite space was
renovated for the Palmetto Moon retail store. Retail stores also are coming and going. Across from BlackFinn, Thomasville is closing its furniture store at 4853 Big Island Drive in St. Johns Town Center. No use has been announced for that site. Thomasville’s parent company, Heritage Home Group LLC, filed July 29 for Chapter 11 bankruptcy reorganization. Best Buy moved from The Markets at Town Center across the street to The Strand at Town Center, and the former Best Buy location is becoming the area’s first Sprouts Farmers Market. Diamonds Direct also intends to move from The Markets to The Strand. And the Toys R Us and Babies
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R Us store next to the former Best Buy closed in June after the company filed for bankruptcy protection the previous September. Ciesla said The Shopping Center Group is marketing the 70,000-square-foot Toys R Us and Babies R Us spaces for one or several tenants. It temporarily is leased to Spirit Halloween through mid-November. “We hate to lose tenants, but we immediately look at it as an opportunity to bring something fresh in and new to the market that will work well,” Ciesla said. Ryals considers it “just natural turnover.” “While the demand is still there and really good, some of the concepts that have turned over were struggling nationally,” he said.
Plus, he also sees opportunity. “I am working with several people that are moving into Town Center,” he said. St. Johns Town Center opened its first phase in 2005 and expanded since then, as did surrounding retail centers. Stores and restaurants in St. Johns Town Center and The Markets at Town Center face increasing competition from new retailers and dining spots in The Strand and The Crossing at Town Center and Town Center Promenade. Those three centers opened across Town Center Parkway with standalone and inline restaurants, big box retail stores and other retailers. Hotels and apartments are opening there as well. Ciesla said the restaurant business has become increasingly competitive in the Town Center area. “It’s unfortunate that they are closing but it’s survival of the fittest,” she said. “A lot of times it’s the customer wanting to go to a different new restaurant.” She acknowledges that as more retail and restaurant offerings come into a market, sales will be split. “How much can a market support?” Ciesla said. Ryals remains confident. “It’s still ground zero for retail in Jacksonville,” Ryals said.
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Thursday, October 18, 2018 • Page 5
RESTAURANTS
RESTAURANT NOTES
Good Dough taking Teavana space at St. Johns Town Center
n Culhane’s Irish Pub 2 LLC seeks a zoning exception for on-premises consumption of all alcoholic beverages with outside service at 9720 Deer Lake Court in the Tinseltown area. Culhane’s bought the former Tilted Kilt building to open its second location. The first is at 967 Atlantic Blvd. in Atlantic Beach. The city issued a permit Oct. 12 for a $252,000 project to renovate the restaurant and an outdoor fireplace.
BY KAREN BRUNE MATHIS
n While Krystal is planning to demolish and rebuild several stores in Jacksonville, the 8151 Beach Blvd. location is not one of them. The store closed Sept. 9. Krystal leased it and continues to control the site, intending to sublease to another business. Krystal Chief Real Estate Officer Mike Wood said the store was more than 40 years old. It had traffic challenges at the midblock location. With three other stores within 3 miles, the company decided to “close this location and reinvest capital into other parts of our Jacksonville market.� He said Jacksonville is a key market “and we are committed to this market for the long term.�
EDITOR
Good Dough, the doughnut shop launched in San Marco by couple Logan and Brittany Moore, will open a second location in St. Johns Town Center in the former Teavana space. The Moores said customers recommended Town Center as a second site and landlord Simon Property Group contacted them. “It seemed like the right opportunity,� Brittany Moore said. Logan Moore registered the Good Dough TC LLC name with the state Oct. 3. A pending building permit shows Good Dough will renovate about 965 square feet at 10281 Midtown Parkway, No. 197. No opening date has been set. “We’re working as fast as we can,� said Brittany Moore. They anticipate a November opening, pending permitting and approvals. Not a lot of work needs to be done at the site, which is next to Starbucks. “Since it is more of a longterm pop-up and we are opening in the Teavana space, which was in great shape, we are doing our best to repurpose existing fixtures and finishes,� she said. There is that touch, though. “Of course, we will put our Good Dough design spin on it so it feels fresh with a hint of that
n Gator’s Dockside intends to join OakLeaf Station. A pending building permit shows the 7,554-square-foot restaurant on 1.25 acres at 8316 Merchants Way. The city issued a site-clearing permit. n The Posting House LLC applied for a permit to build-out space at 2018 Hendricks Ave. in San Marco for a beer and wine pub. It’s in the former Mezze Mediterranean Grill building. The $120,000 project is for a British-style pub expected to open about January. Owner Judith Green applied for a certificate of use that describes the 1,500-square-foot, 53-seat business as an English-style pub serving beer, wine, tea, coffee and light snacks.
Photo by Karen Brune Mathis
Brittany and Logan Moore opened Good Dough in San Marco in 2017.
vintage doughnut shop vibe,� she said. They have a 12-month lease with options. Good Dough Artisan Doughnuts and Coffee operates at 1636 Hendricks Ave., where the Moores opened in late April 2017. “Handmade from scratch,� according to gooddoughdoughnuts.com. The specialty flavors include brown butter, butterscotch bacon, original glazed, Molly Ringwald, Duuuval, Schrute Farms and others, including fried chicken and ham, egg and cheese “Doughwiches.� Seasonal flavors vary and
include pumpkin pie and the Nutella bomb. “We have a team of bakers and we all work together to create the menu,� Brittany Moore said. Logan, 39, and Brittany, 33, met in Virginia but both of their families had relocated to Northeast Florida. They wanted to move back. A visit to a doughnut shop and its neighborhood vibe inspired the business. “We thought, we could do this,� she said. They have three children ages 4, 2 and 6 months. Good Dough employs about 17 people in San Marco and will hire
eight to 10 for the holiday season in Town Center and scale back come January. The Town Center store will operate during Town Center hours but likely will open earlier to capture morning customers. There’s more available parking that time of day to serve customers, including those at nearby hotels and apartments. Doughnuts will be made in San Marco and delivered to the Town
Center store. It also will serve Doughwiches. The business also caters. From 5 to 10 percent of sales are corporate, weddings and private events, said Brittany Moore “Jacksonville loves doughnuts,� she said. “We’re happy to make them.� KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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Page 6 • Thursday, October 18, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
THE BASCH REPORT
CSX third-quarter results top expectations “As I sit here today only eight months since our investor conference, MARK BASCH CONTRIBUTING WRITER
by almost any measure
Railroad is forecasting growth of 6 to 8 percent, says it cut 2,000 jobs this year and plans more reductions.
we are ahead of where
CSX Corp. on Tuesday reported third-quarter results better than analysts expected, and also better than its new management team had forecast at the beginning of the year. “As I sit here today only eight months since our investor conference, by almost any measure we are ahead of where I thought we would be,” CEO James Foote told analysts in a conference call. Earnings in the quarter doubled to $1.05 a share, higher than analysts’ forecasts which ranged from 87 cents to $1, according to Yahoo Finance. Revenue rose 14 percent to $3.13 billion, with most categories of freight transported by the railroad showing volume gains. Perhaps most significantly, Jacksonville-based CSX’s operating ratio (operating expenses divided by revenue) was 58.7 percent, down from 68.4 percent in the third quarter of 2017 and the second straight quarter below 60 percent. “Eight months ago, we put out a target to have a 60 (percent) operating ratio in three years and I think at that point in time everybody thought we were crazy and that couldn't be done,” Foote said. “Now we've come in with two consecutive quarters in a row of not industry-leading, but (an operating ratio) right there with anybody else in the industry.” One reason for the improvement in the operating ratio is the increase in revenue. Foote said CSX was expecting revenue to grow by a mid-singledigit percentage this year, but the company now is forecasting growth of 6 percent to 8 percent. “Clearly, we are doing better than we expected coming into the year. A lot of this is due to the continued strength of export coal, but all of our business groups are doing well,” he said. CSX also is improving efficiency with cost reduction measures, including job cuts over the past two years. The company’s employee count at the end of the third quarter was 22,562, down from 24,388 a year earlier. “Our plan will be to continue to see a reduction in the headcount,” Foote said. “In January we said we're going to take 2,000 employees out of the company this year. We’ve already got 2,000 employees out of the company this year,” he said. Foote said CSX will have a
I thought we would be.” JAMES FOOTE, CSX CEO
new target for employee reductions next year and “what that number is, at the right time, we'll articulate it to you.” CSX cut 4,600 jobs in 2017, including consultant positions, and said in March it was targeting 6,200 additional cuts by the end of 2020. Analysts asked if increased freight volumes could affect headcount targets. “When we get to the point where we need to handle the volume, we're not going to run ourselves out of a couple brakemen here and there to screw up the railroad. So, we'll pivot, we'll adjust,” Foote said. Chief Financial Officer Frank Lonegro said CSX had minimal financial impact from the two recent major hurricanes to hit the Southeast. Hurricane Florence will affect earnings by about 2 cents a share, mainly due to lost revenue because of the storm, he said. “With respect to last week's Hurricane Michael, given the location of the landfall and the speed of the storm, we do not expect the impact to be significant in the fourth quarter,” he said. Lonegro said CSX lost more than 5 miles of tracks that were washed out by flooding from Florence. CSX has been under fire from residents of Lumberton, North Carolina, who say the company did not take action to shore up an underpass owned by CSX to prevent flooding. The issue was not addressed in Tuesday’s conference call.
shares, reducing its stake from 24.5 percent to 16.7 percent. SharedLabs CEO Jason Cory is the largest stockholder with 2.55 million shares, or 31.9 percent. With the reduced number of new shares, SharedLabs would receive net proceeds of about $4.9 million after expenses if the 1 million shares are sold at the midpoint of the price range, the company said in last week's filing. It previously had estimated proceeds of $13.6 million if it sold 2.5 million shares. SharedLabs recently moved its headquarters to the DyalUpchurch Building at 6 E. Bay St. Downtown with the help of $100,000 in incentives approved in July by the Jacksonville City Council. The company promised to create 107 new jobs as part of its incentives application.
St. Joe reports ‘minimal’ damage from Michael
The St. Joe Co., which develops properties along the Gulf of Mexico in the Florida Panhandle, said the majority of its portfolio experienced “minimal damage” last week when Hurricane Michael devastated the region. St. Joe moved its headquarters in 2010 from Jacksonville to WaterSound, a community it created as it focused operations on its huge property holdings in the Panhandle, much of it undeveloped beachfront land.
WaterSound and other properties developed by St. Joe over the past decade are largely west of Panama City. St. Joe said Friday its resort properties in Walton and Bay counties suffered “minor landscape damage” and on Monday it announced several oceanfront properties, including the WaterColor Inn and Resort and the Pearl Hotel in Rosemary Beach, were open again. The company said two of its properties farther east, the Bay Point Marina on a lagoon in Panama City Beach and the Port St. Joe Marina in Gulf County, “suffered significant loss and will require long-term restoration.” St. Joe did not give financial estimates for damage it incurred.
Johnson & Johnson Vision sales rise 3.8 percent
Johnson & Johnson on Tuesday said third-quarter sales at its Jacksonville-based vision care business rose 3.8 percent to $1.13 billion. That included a 4.4 percent rise in contact lens sales to $835 million. Sales growth would have been higher but foreign exchange fluctuations impacted overseas sales. New Jersey-based Johnson & Johnson reported total sales for the quarter rose 3.6 percent to $20.3 billion. Adjusted earnings for the medical products giant rose by 15 cents to $2.05 a share.
Analyst neutral on Advanced Disposal Ahead of its Oct. 31 earnings report, Morgan Stanley analyst Toni Kaplan last week initiated coverage on Ponte Vedra-based Advanced Disposal Services Inc. with an “equal weight” rating. “Though we are attracted to the defensive nature and stability of the waste industry, along with the positive industry outlook in the next 1-2 years, we think Advanced Disposal shares reflect this sentiment and are fairly valued,” Kaplan said in her report. She set a 12-month price target of $27 for the stock, which was trading at $25.79 at the time. Advanced Disposal's stock has performed well since its IPO two years ago at $18 a share, but Kaplan said the price increase is tied more to industry speculation than earnings growth. “As waste stocks tend to outperform during a recession (outperformed the market by 28 percent in 2008), we interpret Advanced Disposal's (and other waste stocks) recent multiple expansion primarily to investor positioning to hedge against a market pullback,” she said. “Given that Morgan Stanley's strategists are not expecting a sustained market downturn, we think there is downside risk to the multiple and would stay on the sidelines.” MBASCH@ JAXDAILYRECORD.COM
SharedLabs Inc. reduces size of IPO SharedLabs Inc. is reducing the size of its planned initial public offering, according to an updated registration statement filed last week with the Securities and Exchange Commission. The Jacksonville-based IT services company previously filed plans to sell up to 2.5 million shares at $5 to $7 each, but last week's filing said it now plans to sell 1 million new shares at the same price range. In addition, current investors in the company intend to sell about 1.14 million existing shares in the IPO. The largest outside stockholder, investment firm Race Holdings LLC, plans to sell 675,000 of its 2.125 million
Special to the Daily Record
The WaterColor Inn and Resort in Santa Rosa Beach suffered minor landscape damage from Hurricane Michael, St. Joe Co. said. The resort is 65 miles west of Mexico Beach, which suffered major damage.
Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, October 18, 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 Oct. 8-12.
File image
Soleil at Ponte Vedra Beach apartments sold for $35.1 million, 21.7 percent more than in 2015.
$35,106,000
$32,346,600
$21,250,000
$20,625,000
$19,000,000
125 Great Harbor Way, Ponte Vedra Beach, St. Johns County
Town Center and Gate parkways, Jacksonville, Duval County
3709 San Pablo Road S., Jacksonville, Duval County
6455 Argyle Forest Blvd., Jacksonville, Duval County
7610 Blanding Blvd., Jacksonville, Duval County
Type: Soleil at Ponte Vedra Beach Apartments Size: 19.2 acres Buyer: PRII Ponte Vedra Soleil Owner LLC Seller: Stonegate II LLC Previous sale: $28,850,000 in 2015
Type: Commercial property Size: Not available Buyer: ConsolidatedTomoka Land Co., CTO18 Jacksonville FL LLC and Indigo Group Ltd. Seller: PGP Jacksonville TC LLC
Type: Coquina Bay Apartments Size: 11.96 acres Buyer: 3709 San Pablo Road S. LLC Seller: New Coquina Bay Associates LLC Previous sale: $8,500,000 in 2001
Type: Lindsey Terrace Apartments Size: 24.97 acres Buyer: SREIT Lindsey Terrace LLC Seller: Vestcor Fund XVI Ltd. Previous sale: $1,718,000 in 1998
Type: Grande Court Apartments Size: 13.44 acres Buyer: SREIT Grande Court L.L.C. Seller: Grande Court Blanding Associates Ltd. Previous sale: $1,100,000 in 2001
$8,250,000
$2,750,000
$2,664,000
$2,238,984
$1,900,000
4690 Salisbury Road, Jacksonville, Duval County
6300 San Jose Blvd. W., Jacksonville, Duval County
1805 U.S. 1 S., St. Augustine, St. Johns County
San Pablo Parkway, Jacksonville, Duval County
112 Governors Road, Ponte Vedra Beach, St. Johns County
Type: Country Inn & Suites by Radisson Size: 2.48 acres Buyer: Best View Group LLC Seller: BDS Hotel Investments Inc. Previous sale: $5,155,000 in 2015
Type: Single-family Size: 3.88 acres Buyer: David C. and Monique Y. Miller Seller: Milford F. Hutchinson Revocable Trust Previous sale: $1,901,000 in 2010
Type: Kentucky Fried Chicken Size: 0.46 acres Buyer: ADRA Investments LLC Seller: Quick Service Realco LLC Previous sale: $2,500,000 in 2018
Type: Vacant land Size: 4.93 acres Buyer: JAX ILF 1 LLC Seller: Pablo Bay II LLC Previous sale: $2,202,600 in 2012
Type: Single-family Size: 0.37 acres Buyer: John and Lynn Buchannan Seller: Jerry L. and Kimberly K. Halbrook Previous sale: $1,820,000 in 2014
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THE CAWTON REPORT
UAE grant highlights connection to Florida
DAVID CAWTON STAFF WRITER
City receives $2.775 million as part of Arab nation’s effort to help state in aftermath of Hurricane Irma. A $2.7 million grant from the United Arab Emirates is now available for use in Jacksonville, a year after Hurricane Irma hit North Florida. The money, which will pay for restoration projects at North Jacksonville high schools, parks and neighborhoods, is the city’s share of a $10 million gift from the UAE to the state of Florida. “These are things that really will have an impact on people’s lives and neighborhoods,” Mayor Lenny Curry said at a ceremony Monday at the A. Philip Randolph Academies of Technology in North Jacksonville. The UAE ambassador to the United States, Yousef Al Otaiba, said the 46-year-old Mideast nation has historically aided areas damaged by natural disasters. “The UAE has deep connections with Florida,” Otaiba said. “So, as friends do for each other in times of need, we asked how could we help some of the hardest-hit communities recover from the hurricane.” Otaiba said the grant is a first for Florida, but not the U.S. “We’ve done a lot in New York and New Jersey with Hurricane Sandy, we’ve done a lot in Joplin (Missouri),” he said. Joplin was struck by a tornado in 2011. Otaiba said the UAE also is looking at the damage from Hurricane Michael in the Florida Panhandle this month. The UAE’s interests in Florida go beyond wanting to help after natural disasters. “Between business and
Special to the Daily Record
UAE Ambassador to the U.S. Yousef Al Otaiba, second from left, and Jacksonville Mayor Lenny Curry announced a $2.775 million grant for hurricane recovery efforts at the A. Philip Randolph Academies of Technology on Monday.
trade, we have several longstanding relationships with Florida businesses,” he said. Otaiba said embassy staff met with the JAX Chamber to speak about “other opportunities.” “We talked about bringing a delegation from Jacksonville over to the UAE that will encompass various different parties from the communities we’ve met today and also from the chamber and the business community,” he said. Florida is one of the largest exporters of goods to the UAE, according to the U.S. Department of Commerce, the Florida Port Council and Enterprise Florida Inc. According to the Florida Ports Council, 11.1 billion tons of cargo was exported from Florida to the UAE from September 2017-18. The Florida Ports Council lobbies at the state level on behalf of the state’s 15 ports of call. The U.S. Department of Commerce estimates Florida exported $1.245 billion of cars, refrigerators, livestock and other items to the UAE in 2017. In exchange, Florida imported about $136 million of goods. JaxPort has several trade
lines to send and receive cargo from UAE Ports at Abu Dhabi, Jebel Ali and Dubai. The UAE estimates that trade relationship supports more than 7,400 jobs in the U.S. Advocacy groups like Human Rights Watch have accused the nation of using storm relief donations to distract the U.S. from alleged human rights violations, including imprisoning political detractors in the country. According to a 2017 HRW report, “UAE residents who have spoken about human rights issues are at serious risk of arbitrary detention, imprisonment, and torture. Many are serving long prison terms or have left the country under pressure.” Otaiba declined to comment on those allegations.
JEA CEO search wrapping up JEA, Jacksonville’s municipal electric, water and sewer utility company, soon will have a new permanent CEO, six months after Paul McElroy resigned. The board’s search committee met with nine candidates
last week including Aaron Zahn, the interim CEO and managing director. Executive search firm Heidrick & Struggles led the search in recent months. Candidates include energy consultants, high-ranking executives from utility companies and those with executive experience in connected industries. Zahn stepped Zahn down from the board in April and later was installed as the interim CEO. He previously was CEO of an energy storage and waste solutions company. The board will select a new CEO at the Nov. 23 board meeting. Public interviews with candidates are delayed until Nov. 13. Board Chair Alan Howard said he had a family emergency last week and was unable to finish his private interviews. “Those will be concluded over the next few days,” Howard said after the meeting. Board member the Rev. Frederick Newbill lauded Zahn and the senior leadership team for
their work since April. “I want to commend Aaron and (COO) Melissa (Dykes),” Newbill said. “In April, I really thought that we would have problems.” After the board installed Zahn as CEO, he shuffled members of the senior leadership team into different roles. The former chief financial officer, Dykes was moved to chief operating officer. Ryan Wannemacher was named interim CFO. Zahn also used time Tuesday to highlight his work and that of company executives and board members during the transition. “We faced head-on, without paying attribution or blame, some significant issues as a company and as leaders of our community,” Zahn said. “Specifically, Vogtle, privatization and our corporate culture.” Plant Vogtle is a nuclear power plant under construction in Georgia. JEA wants out of a 20-year power purchase agreement. DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466
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Thursday, October 18, 2018 • Page 9
Project Buckeye: Cra-Z-Art match for company description
PEOPLE ON THE MOVE Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@ jaxdailyrecord.com
Jacksonville Transportation Authority board of directors Vice Chairman Kevin J. Holzendorf was elected to serve a three-year term on the American Public Transportation Association Executive Committee. The APTA board of directors elected Holzendorf at its annual meeting in Nashville. Holzendorf is an account manager
at Cisco Systems Inc. Hampton Ray joined San Jose Episcopal Day School as director of marketing and development. Ray most recently worked at Atkins Global serving as a spokesperson for the Florida Department of Transportation, District Two.
Holzendorf
CONTINUED FROM PAGE 1 Ray
BUSINESS IN BRIEF UNF building certified: The University of North Florida’s Skinner-Jones Hall, Building 4 was awarded Silver Leadership in Energy and Environmental Design certification by the U.S. Green Building Council. The $30 million project involved the renovation of the
former Skinner-Jones North and Skinner-Jones South with a four-story addition and lobby. “This is another example of UNF’s commitment to constructing sustainable buildings,” said Paul Stewart, campus planning, design and construction director.
DEVELOPMENT TODAY These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. OFFICE, BANK, PROFESSIONAL
STORES, MERCANTILE
Bank of America, 13756 Beach Blvd., contractor is Marand Builders Inc., ADA upgrade, $65,000. Aqua Swim Club LLC, 3993 San Jose Park Drive, contractor is Tropical Enclosures by Master Screens Inc., 2,100 square feet, install pool enclosure, $47,000. Juan L. Santiago, 7951 W. Beaver St., contractor is property owner, alteration, $25,000.
Enterprise Leasing Co., 11034 Atlantic Blvd., contractor is Radon Professional Services Inc., 1,499 square feet, install car wash, $124,000. Walmart, 11900 Atlantic Blvd., contractor is Powerhouse Retail Services LLC, renovation, $29,750.
ROOFING Oakleaf Station Land Trust, 8380 Merchants Way, contractor is James Shelton Roofing Inc., roof repair, $31,250. The Vintage at Plantation Bay Apartments, 7730 Plantation Bay Drive, contractor is Excel Roofing Contractors Inc., roof replacement, $23,970.
UTILITIES T-Mobile South LLC, 13051 Beach Blvd., contractor is UCI Construction Services LLC, cell tower upgrade, $65,000. Compiled by Scott Sailer
20 percent of the grant, or $12,600, with the state picking up the rest. The positions would include production supervisors, management staff and warehouse personnel. Both incentives are paid only after Buckeye reaches certain capital investment and hiring benchmarks outlined in the agreement. The city states in the legislative fact sheet that incentives are a material factor in Buckeye’s decision to consider Jacksonville. In exchange for incentives, Buckeye plans to spend at least $965,000 into the leased warehouse space with investments in the building and to purchase manufacturing and other equipment. An additional 50 jobs could be created annually based upon the seasonal needs of the business. Fast-track legislation approving the economic development agreement will be introduced next week. The fast-track designation allows council members to vote on the bill after two public hearings. It will be introduced to the council Finance Committee before a full council vote in November. The company’s description in legislation and other documents matches that of Randolph, New Jersey-based Cra-Z-Art. According to the Cra-Z-Art website, the company offers “original, creative, exciting and trendy activity, toy, art and stationery products.” Buzzfile reports that LaRose Industries LLC, which operates as Cra-Z-Art, has a manufacturing branch in Fayette, Ohio, where it employs about 21 people. Ohio’s nickname is “The Buckeye State.” DCAWTON@JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
Journey: From court fight to friendship CONTINUED FROM PAGE 1
According to court records, in the months before they purchased the building, the Sleiman brothers met Hoback in person to discuss plans to relocate access as part of construction. During that meeting Hoback did not object to the plan but instead suggested that the Sleiman brothers make an offer to buy him out of his lease, according to court documents. The Sleiman brothers offered an $82,500 buyout of the 1,000-square-foot unit. Hoback countered at $295,000, and the negotiations fell through. After the start of construction, Hoback filed a lawsuit against the Sleiman brothers regarding the construction. The Sleiman brothers countersued asserting that Hoback was obstructing their renovation efforts while making new requests through email to be bought out of his lease for $255,000. In February 2017, the court found Hoback in material breach of his lease agreement. After the ruling, the brothers said they allowed Hoback to vacate the unit rather than be formally evicted. THE RESOLUTION
In January of this year, they bonded. Paul Sleiman said an article posted by Hoby’s Honey popped up on his Facebook news feed. It was about Project: Cold Case, a Jacksonville-based nonprofit that helps resolve unsolved homicides. Sleiman decided to donate but did so anonymously after seeing that Hoback was a board member. A friend of Hoback and the head of the foundation with access to the donation records informed Hoback of Sleiman’s donation. “I was pretty taken aback,” Hoback said, adding he thought it was a wonderful gesture and called Sleiman to tell him so. A few months passed and Hoback friended Paul Sleiman on Facebook. Hoback posted about Project: Cold Case’s yearly fundraiser and Sleiman asked to attend the annual event. “Sure, that would be awesome,” Hoback said. “In fact, why don’t we go and have a beer afterward?” That was Jan. 27 in Atlantic Beach and they had that beer at Poe’s Tavern. “After that, we hit it off pretty well,” Paul Sleiman said. “We sat at the bar for a couple hours and had a good conversation.”
Photo by Karen Brune Mathis
Ryan Hoback, owner of Hoby’s Honey & General Store at 11362 San Jose Blvd. in the Gates of Olde Mandarin shopping center. Hoback says his faith helped him overcome a dispute with the Sleiman brothers, and that now they are friends.
Louis Sleiman met his brother and Hoback for drinks a couple of months later at River & Post in Riverside. “It’s certainly more enjoyable getting to know someone over a beer than over a deposition,” he said. Hoback and Paul Sleiman now say they’re friends and trade texts and business advice. Sleiman offers guidance about Hoback’s drone company, which encourages children to learn science, technology, engineering and math through operating drones. “Ryan and I definitely have a passion for business and entrepreneurship,” Sleiman said. Hoback said faith played a part in their ensuing friendship. Hoback said he grew up Southern Baptist and faith is a ground-
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ing body for everyone. Sleiman, born and raised Catholic, said a central part of Christianity is forgiveness. “When Ryan suggested that we share this story with the public to serve as an inspiration for others, I said ‘Sure, let’s do it’, ” Sleiman said. Hoback said that as a Godfearing man who believes strongly in his faith, he can speak for the Sleiman brothers that “part of our story comes from forgiving and letting go of the situation that we’re in.” “The situation that we incurred two years ago was one where a lot of people would not have had the strength of self to put that situation behind them and move forward,” Hoback said. The Sleiman brothers say they agree.
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The Sleiman brothers invested almost $1.26 million in the Mandarin property through the acquisition and upgrades. On March 20, Paul and Louis Sleiman sold the shopping center to First Florida Credit Union for $3.85 million. The credit union applied to the city for a permit to renovate about 3,000 square feet of the building for its Mandarin branch at a construction cost of $600,000. First Florida President and CEO Brent Lister said in a statement that Triforce Development “delivered superior quality real estate that will play an important role in driving the success of this branch for existing and potential
HOBACK LOOKS AHEAD
Hoback said he continues his friendship with Paul Sleiman, who provides advice for Hoback’s drone business. The new address, Hoback said, “has been a great location for us.” He said Hoby’s Honey benefits from the traffic exposure, available parking and relationship with neighboring businesses, like the Beach Diner and The Tree Steakhouse. “We hope to be here for the long haul,” he said.
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Thursday, October 18, 2018 • Page 11
(average annual wage)
United States
Jacksonville
$77,090 77%
Miami-Fort Lauderdale-West Palm Beach
$82,560
Orlando-Kissimmee-Sanford
$90,030 90%
Palm Bay-Melbourne-Titusville
$107,810
108%
$83,110
91%
$87,380
97%
$98,250
107%
Tampa-St. Petersburg-Clearwater
$92,160
93%
$82,780
90%
$71,470
79%
$75,700
83%
Atlanta-Sandy Springs-Roswell, Georgia
$92,750
93%
$91,700
100%
$84,560
94%
$82,800
90%
103%
$88,180
96%
$90,130
100%
$86,270
94%
$102,200
United States
$99,580
Civil engineer
$106,620 116% $89,170
97%
$86,360 94%
$91,790
(%) of U.S. average annual wage
Savannah, Georgia
Metropolitian Statistical Area
83%
(%) of U.S. average annual wage
$82,780
$91,790
Electrical engineer (average annual wage)
Savannah, Georgia
(%) of U.S. average annual wage
$83,110
$90,130
Atlanta-Sandy Springs-Roswell, Georgia
Jacksonville
Average annual wages for engineers vary by specialty, according to the U.S. Bureau of Labor Statistics. In Jacksonville, wages of electrical engineers rank lowest among the largest areas of the state while civil engineers are first.
Orlando-Kissimmee-Sanford
BY SCOTT SAILER • EDITORIAL RESEARCH DIRECTOR
Miami-Fort Lauderdale- West Palm Beach
Average annual engineer wages
$86,360
Tampa- St. Petersburg-Clearwater
$91,700
$89,170
Palm Bay- Melbourne-Titusville
$106,620
Industrial engineer
$76,260 84% $68,480
76%
$81,220 90%
$90,340
Mechanical engineer
(%) of U.S. average annual wage
$81,370 89% $84,400
92%
$100,860 110%
$91,500
Source: U.S. Bureau of Labor Statistics
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Civil engineer
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Jacksonville Daily Record/Jacksonville Record & Observer
THE MARBUT REPORT
High court justices attend FAWL summit JWLA makes strides against breast cancer
MAX MARBUT ASSOCIATE EDITOR
State Supreme Court Associate Justices Barbara Pariente and Peggy Quince share advice for success. The Florida Association for Women Lawyers convened its annual summit Oct. 11-13 at the One Ocean Resort & Spa in Atlantic Beach. The association presented CLE programs on business development, parental leave issues, achieving confidence and exploring the experiences of women of color in the legal profession. The summit also celebrated the careers of women on the state Supreme Court with guests Associate Justices Barbara Pariente and Peggy Quince. Along with Associate Justice Rosemary Barkett, they are the only women to serve on the state’s highest court in its 170year history. In the past 20 years, seven justices have been appointed, all of them men, and Pariente and Quince are retiring in January. The association has set a goal of maintaining or increasing the number of women on the court. “Our battle is not one that can be won overnight, or even this year, and we must remain vigilant,” FAWL President Jennifer Shoaf Richardson said in a news release. Pariente and Quince talked about their “top 10 pieces of advice for women lawyers in Florida,” including being the best lawyer or judge you can be and devoting time and resources to community causes. Founded in 1951, FAWL has
Special to the Daily Record
The Jacksonville Women Lawyers Association participated Saturday in the Making Strides Against Breast Cancer Walk, part of National Breast Cancer Awareness Month in October.
3,500 members in 35 chapters, making it one of the largest voluntary Bar associations in the state.
Court rules against Gov. Rick Scott Speaking of retiring justices, the state Supreme Court ruled Monday that the next governor of Florida, not Gov. Rick Scott, will appoint the justices to replace jurists Pariente, Quince and R. Fred Lewis. They have reached the mandatory retirement age and will leave the bench Jan. 7, when Scott leaves the state’s chief executive office to the governor who will be elected Nov. 6, either Republican Ron DeSantis or Democrat Andrew Gillum. After Scott said in 2016 that he planned to appoint replacements for the three retiring justices, the League of Women Voters of Florida and Common Cause Florida asked the state Supreme Court to prevent Scott from making the appointments. Their argument was that the vacancies would not exist until after Scott’s term in office, and the court agreed.
The court also pointed out in its opinion that the 60-day period required by state law for making appointments does not begin until a governor with the authority to make the appointments takes office.
Federal Bar Veterans Day luncheon Nov. 1
The Jacksonville Chapter of the Federal Bar Association annual Veterans Day Luncheon is noon Nov. 1 in the jury assembly room at the Bryan Simpson U.S. Courthouse. The keynote speaker will be Rear Adm. Matthew O’Keefe, reserve deputy commander of the Navy Installations Command, who also serves as an assistant state attorney for the 4th Circuit. The event is free for members, veterans and attorneys serving in the reserves or on active duty. RSVP to Maria Daniels at admin@jaxfedbar.org or by visiting the event page on the website. Also from the federal Bar, U.S. District Judge Brian Davis has a vacancy for a judicial law clerk beginning in August
2019. The salary range is $61,218 to $109,105. Details are at uscourts.gov/ careers/search.
Samantha Prokop joins Gunster Samantha Prokop joined Gunster, Yoakley & Stewart’s Jacksonville office as a shareholder in the firm’s health care law practice. She will focus on regulatory compliance matters and compliance, providing HIPAA assistance and defense of providers undergoing health care regulatory audits. Additionally, her practice will Prokop aid health care and corporate clients in transactional matters, from starting new businesses to mergers and acquisitions to dissolution of partnerships. Last year, EPI Compliance named Prokop the Top Health Care Legal Professional for 2017. She is a member of the American Health Lawyers Association and the North Florida Medical Group Management Association.
Melissa Nelson named to national crime board
Special to the Daily Record
State Supreme Court Justice Barbara Pariente, Florida Association for Women Lawyers President Jennifer Shoaf Richardson and state Supreme Court Justice Peggy Quince take part in FAWL’s annual summit in Atlantic Beach.
State Attorney for the 4th Judicial Circuit Melissa Nelson is the newest member of the Crime Gun Intelligence Governing Board, an initiative of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Established in 2016, the Nelson 23-member board uses the experience of federal, state and local experts in the fields of forensics, law enforcement and criminal law to ensure the ATF receives input on national programs related to Crime Gun Intelligence. Members serve three-year
terms and are eligible for reappointment. It meets biannually in cities across the U.S. Construction is underway on the Crime Gun Intelligence Center in the State Attorney’s Office building that will be used by area law enforcement partners to investigate gun crimes. Agencies will utilize the National Integrated Ballistic Information Network, ShotSpotter and other technologies to establish investigative leads, identify shooters and prosecute those responsible for committing violent gun crimes.
FCSL competes in moot court Teams from Florida Coastal School of Law recently participated in national moot court competitions. Team manager Heather Masse led the teams of AJ Hernandez and Jose CruzPagan; and Blair Butler and Justice Elvish to New York City on Oct. 4 for the National Latina/o Law Student Association National Moot Court Competition. Both teams advanced out of the preliminary rounds, with Hernandez and Cruz-Pagan making it to the quarterfinals and Butler and Elvish making it to the semifinal round. In addition, Elvish won the Best Oralist award for the competition and Hernandez and Cruz-Pagan won the Best Petitioner’s Brief award. With team manager Ashley Armstrong, Mikaela Kadriu and Lindsey Wofford; and Ciara Henderson, Matt Letteri and Jelisa Hall traveled Oct. 6 to Regent University School of Law in Virginia Beach, Virginia to compete in the Leroy R. Hassell Sr. Constitutional Law Moot Court Competition. Both Florida Coastal teams performed well over three preliminary rounds with Kadriu and Wofford advancing to the semifinals. Wofford won the Fifth Best Oralist award. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, October 18, 2018 • Page 13
Managing partner at Nichols and Pina LLLP
BY MAX MARBUT • ASSOCIATE EDITOR
Age: 48
Eugene Nichols is chair of the Jacksonville Bar Association Criminal Law Committee.
Education: Jacksonville University, bachelor’s in psychology and history, 1992; Nova Southeastern University, J.D., 1998
Who or what inspired you to become a lawyer? My parents. My father has practiced law for more than 50 years and I cannot remember a time when my parents were not helping someone in need. Their generosity to others led me to this opportunity to help others with their problems.
Hometown: Jacksonville
How do you relate your undergraduate degree to your practice of law? I have a bachelor’s degree in psychology and history from Jacksonville University. Both studies required extensive reading and writing skills, traits integral to the practice.
Family: Wife, Caroline, a real estate attorney with Landmark Title; twins Richard and Catherine, seventhgraders at St. John’s Country Day School; two dogs.
How did you decide your practice area? And why have you chosen that? My first job was working for Lou Frost at the Public Defender’s Office. With a desire to help folks who need help, there was no greater opportunity than to learn from Mr. Frost. That, and he was the first person to offer me a job. What has been the biggest change in your practice area since you passed the Bar? Eight years ago, Ted Pina left Terrell Hogan so we could form Nichols & Pina. Having been friends since fourth grade, we always wanted to work together. Ted has an extremely successful personal injury and wrongful death practice. Before this firm, I had only focused on criminal or civil defense. The pursuit of justice for clients who have suffered tragedy in their lives is the biggest and best change of my practice. What do you think will be the next biggest change in your area of law? I think I will leave everyone guessing on this one. However, some do think I look good in black. If I could change anything in the legal
Favorite book: “Acts of Faith” by Eboo Patel Book I’m reading now: “Fear” by Bob Woodward Special to the Daily Record
system? We need to rethink the discovery process in family and civil cases. The widespread abuse of the system with frivolous objections, gamesmanship and failure to just abide by (or know) the rules of procedure cause unnecessary delay in cases. What community service have you pursued and why that? For 11 years I served on the board of trustees of St. Mark’s Episcopal Day School. Being just a small part of the process of preparing tomorrow’s leaders was a true pleasure. I also recently served the board of
trustees for the nonprofit Angels for Allison. Angels raises money to provide financial and emotional support for families who are suffering the loss of a child. What’s your advice for new lawyers? My father is of counsel with our law firm. Every once in a while he will walk by my office when I am on the phone, raise his finger to his lips and remind me to stop talking and start listening. It is great advice, for lawyers both old and young: Don’t talk, listen.
Apps I can’t live without: Amazon Music and Words With Friends Favorite nonwork activities: Jacksonville Jaguars, backyard grilling and Orangetheory Fitness Ortega at 5:15 a.m. with many of my favorite people
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Jay Schlichter
RESIDENTIAL REAL ESTATE, ASSOCIATE EDITOR
Hometown: Cheyenne, Wyoming Currently living: Fruit Cove, FL Daily Record employee: Two months Alma mater: University of Florida What you do when you are not working? I enjoy thinking about developing and building inventions that could help people Business is non-tangible but affects everyone’s lives, and usually every day. It is a living, breathing thing that keeps food on a family’s dinner table, cars commuting back and forth along interstate highways and widgets being developed, improved and shipped to buyers throughout the globe. My goal is to show its importance by covering how it touches and impacts the
in their daily lives. I’ve come up with several ideas but haven’t created the prototypes yet. Connect: jays@jaxdailyrecord.com
Northeast Florida region. Jay Schlichter
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IN THE LAW
EUGENE NICHOLS
EUGENE B. NICHOLS
Page 14 • Thursday, October 18, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
COURTS & LAW
City considering renaming library to honor Brinton Late attorney was a community activist and leader. BY MAX MARBUT ASSOCIATE EDITOR
City Council is considering a proposal to rename a neighborhood Jacksonville Public Library in remembrance of the late attorney Bill Brinton. Ordinance 2018-681 would rename the library at 918 Edgewood Ave. S. the “Bill Brinton Murray Hill Branch Library.” The legislation was introduced Oct. 9 by council members John Crescimbeni and Jim Love and co-sponsored by Tommy Hazouri and Joyce Morgan. Brinton was a shareholder at the Rogers Towers firm when he died June 19, 2017, while undergoing treatment for advanced lung cancer. A native of Kansas City, Missouri, he moved with his family to Jacksonville when his father was appointed director of the Jacksonville Public Library. After graduating from the University of Florida Levin Col-
lege of Law, Brinton began his practice in Jacksonville and over the years earned the reputation as an expert on the subject of city charter amendments via petition and referendum. He led the successful effort to limit the number of billboards in Duval County, to impose twoterm limits for council members and to preserve or replace trees affected during real estate development. Brinton was recognized with awards for service to the community and to his profession. He received the International Municipal Lawyers Association’s Amicus Service Award, the Milestone Award for Citizen Advocacy from Jacksonville Community Council Inc., the Mimi and Lee Adams Environmental Award, Keep Jacksonville Beautiful’s Jake Godbold Award and Scenic America’s Distinguished Advocacy Award for Scenic Beauty and Law and the Cynthia Pratt McLaughlin Medal for Environmental Protection from the Garden Club of America, among others. Two months before his death, Brinton was honored at the 30th anniversary of Scenic
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Bill Brinton, left, with City Council member John Crescimbeni on May 17, 2017, when Brinton was honored by Scenic Jacksonville for his service to the community. Crescimbeni is the co-sponsor of an ordinance that would establish the “Bill Brinton Murray Hill Branch Library.” Brinton died in 2017.
Jacksonville, the local volunteer affiliate of Scenic America that promotes preservation and beautification. “Without Bill Brinton’s passion, commitment and hard work, America the beautiful would be a little less so,” said Scenic America President Ron-
ald Fleming during the ceremony. To commemorate Brinton’s legacy, Scenic Jacksonville established an endowment that is dedicated to protect and enhance scenic beauty. The bill will be reviewed by the council Neighborhoods,
Community Services, Public Health and Safety and Finance committees before it is presented for a vote by the full council. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
COMMENTARY
Insight into what you may be missing in mediation a lawyer and client can speak directly to the opposing party outside of the adversarial process. And what is said in mediation stays in mediation. Don’t waste that opportunity. Consider showing empathy and understanding. And, if appropriate, offer an apology or some show of contrition, at least for the circumstances that have brought you together. I have seen an apology save significant money and time.
Michael Freed shares observations he’s learned serving as a certified mediator. BY MICHAEL FREED CERTIFIED CIRCUIT CIVIL MEDIATOR
I have learned more about what makes for an effective mediation during a year serving periodically as the neutral than during 25 years as an advocate. The training to become a certified mediator is extensive, but true insight into the process comes from sitting at the head of the table and observing the positioning, posturing, strategizing and emotion that lawyers and litigants bring to mediation. There often are opportunities missed because of what some lawyers do, and what they fail to do. For the advocate, the art of mediating is different from the art of trying a case. However, despite the fact that more cases get resolved through mediation than trial, many advocates do not seem to fully appreciate the distinction in approach. A renewed appreciation for the tools of mediation is in order. I offer here a few observations on those tools from the view at the head of the table. DRAFT A MEDIATION STATEMENT WORTH SHARING
The mediation statement is helpful for the mediator, but even more important to the opposing party so they can see,
PREPARE YOUR CLIENT
File image
Michael Freed is a litigation attorney with Gunster, Yoakley & Stewart.
likely for the first time outside of formal legal writing, the extent of their exposure. Resist the temptation to submit a confidential mediation statement for just the mediator to see. If necessary, draft a supplemental submission with information that you want the mediator to keep confidential. But use that sparingly; there is little value in convincing the mediator, but great value in empowering the mediator with information to bring about a settlement. DON’T WASTE THE OPENING
There is a trend among lawyers toward waiving opening statements. That is an appropriate choice if the alternative is ineffective or counterproductive openings. Helpful and constructive openings can go a long way to create positive momentum.
A constructive opening is one that clearly and concisely informs the opposing party without being contentious or arrogant. The opening should be prepared for, and delivered to, the opposing party – not the mediator and not opposing counsel. Litigants will decide what they will give up to settle the case. Don’t miss the opportunity to inform them why they should give up more than they planned to give up. But don’t make them so angry that they offer less than that with which they came. THERE IS A PLACE FOR EMPATHY AND CONTRITION
Litigants bring emotion, hurt feelings and perceived injustice to mediation, even business disputes. The litigation process often compounds this. Mediation is the only time
The most effective lawyers at mediation are those who prepare their clients for how the process works and what to expect. If a client expects a dog fight, then they will either be disappointed by what is actually a conciliatory process or the lawyer will perform aggressively for the client and lose the opportunity to win over the opposing party. Well-prepared clients are passionate but composed at mediation, two qualities that often factor meaningfully into the opposing party’s exposure assessment. A well-prepared client also is focused on obtaining the outcome that is best for them and not necessarily on what is worst for their adversary.
ANY MOMENTUM IS GOOD MOMENTUM
Be patient, particularly in the first few rounds of breakout sessions. By design, the mediator should have a better perspective than the attorneys of where the parties are and
where they might end up. The first few moves can be grueling, but as the process is moving forward and the mediator has the feel for positions and personalities, big things can happen. BE CREATIVE
Trials are a zero-sum game. One party wins and the other loses. In mediation, however, the sky is the limit. There are opportunities for a win-win, or at least for both parties to get things they could not get through trial. Letters of recommendation, licensing of intellectual property, retractions, nonsolicitation agreements, transfers of property and agreements for future business are arrows in the quiver of negotiating parties. The bottom line is this: lawyers who approach mediation as an obligatory step in the litigation process will, more often than not, leave money and other positive opportunities on the table and have frustrated clients. On the other hand, the advocate who approaches mediation with deliberation and sensitivity to the process and to the personalities and the interpersonal dynamics at play will materially increase client returns.
MICHAEL FREED IS A FLORIDA SUPREME COURT CERTIFIED CIRCUIT CIVIL MEDIATOR AND A BOARD CERTIFIED BUSINESS LITIGATOR WITH GUNSTER, YOAKLEY & STEWART.
Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, October 18, 2018 • Page 15
ELECTION 2018
12 constitutional amendments on the ballot Early voting begins Tuesday in Northeast Florida.
Supreme Court affirms rejection of constitutional Amendment 8
BY MAX MARBUT ASSOCIATE EDITOR
FROM STAFF
Early voting begins Tuesday and ends Nov. 3 in Duval County. In Clay and Nassau counties, early voting begins Oct. 26 and ends Nov. 3. In addition to a full slate of offices up for midterm election, voters will find proposed constitutional amendments on the ballot. To become part of the state constitution, a proposal must receive at least 60 percent of the vote. Amendments 1, 2 and 5 were placed on the ballot by the Legislature and 3 and 4 by citizen initative. The remaining amendments are placed on the ballot by the Florida Constitution Revision Commission. The commission “grouped” some of the proposals, meaning that in some cases, voters will be asked to approve or reject multiple proposals in batches. Amendment 8, which is related to charter schools, school board term limits and civics education, was challenged in court and removed from the ballot because the court found its language was misleading. Here’s a look at what’s being proposed:
The state Supreme Court on Monday affirmed the decision of the circuit court granting summary judgment in favor of the League of Women Voters and enjoining Kenneth Detzner, secretary of the Florida Department of State, from placing proposed Amendment 8 on the ballot for the Nov. 6 general election. The Supreme Court upheld the lower court’s ruling that the ballot language was defective. The revision at issue sought to revise Article IX, Section 4(b) of the Florida Constitution and allow the authorization of new charter schools to be assigned to any of a variety of potential public or private entities, rather than district school boards. Currently, school boards operate, control and supervise free public schools within each school district and determine the rate of school district taxes. The circuit court concluded that both the ballot text and summary failed to inform voters of the chief purpose and effect of the proposal and that the ballot summary was misleading. The Supreme Court affirmed, holding that the ballot summary failed to inform voters of the revision’s true meaning and ramifications, and therefore, the ballot language was clearly defective.
AMENDMENT 1 Increased Homestead Property Tax Exemption
If approved, this amendment would raise the portion of a home’s value that can be exempted from nonschool property taxes. The Legislature voted to refer the exemption to the ballot in 2017, and the proposed changes would apply to the assessed value of a homestead property between $100,000 and $125,000, raising the maximum exemption to $75,000. AMENDMENT 2 Limitations on Property Tax Assessments
This amendment would make permanent an existing cap on nonhomestead property assessments. Such property tax assessment increases have been limited to 10 percent of
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Florida voters will consider Amendment 3, which would give voters the sole right to decide whether to expand casino gambling in the state.
the previous year’s assessed value since 2008, when another constitutional amendment that capped the increases passed.
AMENDMENT 5 Super-majority Vote Required to Impose, Authorize, or Raise State Taxes or Fees
AMENDMENT 3 Voter Control of Gambling in Florida
This amendment would require a two-thirds super-majority vote in the Legislature to impose, approve or raise state taxes and fees.
This is a citizen-initiated amendment that would give voters the sole right to decide whether to expand casino gambling in Florida. That authority currently rests with both the Legislature and voters, through constitutional amendment. AMENDMENT 4 Voting Restoration Amendment
Another petition-drive amendment, this would restore voting rights to former felons if they have served their sentence, with the exception of those who were convicted of crimes such as murder or sex offenses. For the past seven years, the state has required that ex-felons wait at least five years after their sentences are complete to apply to regain voting rights. The current process can take a decade or more because of a requirement that the state Clemency Board consider each request during its four meetings a year. If approved, about 1.5 million people in Florida could be affected.
AMENDMENT 6 Rights of Crime Victims; Judges
This amendment links three proposals that create a bill of rights for crime victims and sets new criteria for judges. The bill of rights is modeled after “Marsy’s Law” that was enacted in California. The other proposals in the group would increase the mandatory retirement age for judges to 75 from 70 and also would bar judges from deferring to administrative agencies’ interpretations of a rule or statute when ruling in cases involving those laws. AMENDMENT 7 First Responder and Military Member Survivor Benefits; Public Colleges and Universities
This amendment would provide state college tuition for the survivors of first responders and military members killed on duty, require university trustees to agree by a two-thirds
majority to raise college fees (not including tuition) and establish the state college system in the Florida Constitution.
AMENDMENT 11 Property Rights; Removal of Obsolete Provision; Criminal Statutes
AMENDMENT 9 Prohibit Offshore Oil and Gas Drilling; Prohibit Vaping in Enclosed Indoor Workplaces
This is a proposal to remove a provision that prohibits “aliens ineligible for citizenship” from owning property, delete language approving a highspeed rail system and remove the state’s Savings Clause, which prohibits retroactively applying the amendment of a criminal statute to sentencing for a crime committed before the change.
This combined amendment would impose a ban on oil and gas drilling in state-owned waters along with a proposal to add the use of electronic cigarettes to the ban on smoking indoors. AMENDMENT 10
State and Local Government Structure and Operation This amendment links four proposals: Have the state’s legislative session start in January rather than March in even-numbered years (the legislature currently changes its dates by statute); create a counterterrorism office; make the state Veterans Affairs Department constitutionally required; and require the five county-level offices to be elected in all counties, comprising tax collector, property appraiser, supervisor of elections, clerk of circuit court and sheriff.
AMENDMENT 12 Lobbying and Abuse of Office by Public Officers
This is a stand-alone proposal that would prohibit public officials from lobbying during their term in office and for six years after leaving office, and restrict current public officers from using their office for personal gain. AMENDMENT 13 Ends Dog Racing
Also a single proposal, it would end by 2020 commercial dog racing involving wagering.
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Page 16 • Thursday, October 18, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
CHRIS HAGAN BY KAREN BRUNE MATHIS • EDITOR
Chris Hagan formed Gilmore Hagan Partners LLC in May with veteran lobbyist Jim Gilmore. Their many clients include Hillwood, the developer of AllianceFlorida at Cecil Commerce Center, and The PARC Group, which is developing Nocatee and eTown. Hagan also remains on the Jacksonville Planning Commission. He started his consulting career nine years ago. I am a consultant and lobbyist. I work on business development, economic development incentives and specific lobbying issues.
backgrounds, which makes it a unique group. When I started on the planning commission, I was green, but I had people helping me along the way. I think it’s important that when you come on the planning commission you aren’t an expert in land use because if you are, then you feel like you know everything. It’s hard to learn when you feel like you know everything.
The economy is thriving. Elected officials in the city and the state are putting in great programs to incentivize businesses to come to Northeast Florida.
Spending time with my wife, Rebekah, and my three boys – Gavin, Graham and Fore – is the light of my day. We go to their football and T-ball games and, when I have time to myself, I love golfing. I also do a lot of offshore fishing and spearfishing. That’s something I enjoy doing with my dad and hope some day to do with my boys.
I started in 2009 working for the Northeast Florida Builders Association as the governmental affairs director. In 2013, I accepted a position with Advanced Disposal as director of governmental affairs and municipal marketing for Florida and Southeast Georgia. Next, I transitioned into work for Akerman as the Jacksonville public policy director. In October 2017, I started Hagan Partners, then merged with Jim Gilmore, forming Gilmore Hagan Partners.
I grew up in the Ortega area, which is where we live now. I went to St. Mark’s Episcopal Day School, Stockton Elementary and then St. Johns Country Day School in Orange Park for fifth grade until I graduated. Then I went to Brevard College in North Carolina and played soccer for two years. I had a couple of knee surgeries so I thought it was time to come home. I later transferred to Flagler College and graduated in 2005.
When I see people, companies and businesses in need of getting past hurdles, I sleep better knowing I can help them so they can do what they do best – running their business. I think it’s important for me to meet someone new every day, and I try to do that. I love building relationships and new friendships. I don’t think my industry is going to change that much because speaking with someone one-on-one and having that personal relationship will never go away. Trust is so important. Laws and policy will change, but it is my job to stay on top of these
Special to the Daily Record
new laws and provide my clients with the best possible advice. This exercise will not change. I’ve been on the planning commission for seven years. We have a great group of commissioners. We have different
In five years, I’d love to continue running a successful consulting business. At some point, if God opens the door for me, I’d like running for public office but the time has to be right for me and my family.
ABOUT HAGAN Title: Partner Organization: Gilmore Hagan Partners Age: 38 Education: B.A. from Flagler College (major in business administration, minor in economics) Family: Wife, Rebekah Hagan; three sons: twins Gavin and Graham, 5, and Fore, 2 Hometown: Jacksonville Hobbies: Golf and spearfishing Website: GilmoreHagan.com
KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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