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The Basch Report: CSX wants more decisions made in field PAGE 6

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Hinduja Global Solutions hiring 350

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Company based in India renovating Southpoint space for customer service center. BY KAREN BRUNE MATHIS EDITOR

Hinduja Global Solutions is hiring for its 350-job Southpoint customer service center as it builds-out the office space. HGS USA has posted jobs for several job categories — human resources, trainers, information security, compliance, facilities, client services and customer service representatives and bilingual specialists who speak Spanish. Recruiters were scheduling meetings with candidates Wednesday. The company’s senior vice president of operations said in September the center will manage inbound customer-service phone calls in addition to customer contracts over other channels, such as social media, chat and email. India-based Hinduja Group, announced in September it would hire 350 people by summer 2019 for the Jacksonville operation and eventually increase that to 500 employees. U.S. headquarters are in Lisle, Illinois, near Chicago. The city issued a building permit Tuesday for Auld & White Constructors LLC to renovate 38,468 square feet of space for HGS at a cost of $605,100. HGS will lease at 6680 Southpoint Parkway in the Parkway Place office park, which is at Interstate 95 and Butler Boulevard. Job postings say it is hiring cus-

JACKSONVILLE

Record & Observer DON’T CALL IT A TAX

Shoppers at the new Walmart in The Pavilion at Durbin Park in St. Johns County will find a 0.5 percent public infrastructure fee added to their bills. The fee is added to the same goods as the sales tax, so it isn’t added to food.

A fee added to purchases at The Pavilion at Durbin Park is being used to fund the development. BY JAY SCHLICHTER ASSOCIATE EDITOR

ustomers of the Walmart in The Pavilion at Durbin Park in St. Johns County will see a different kind of fee on their receipts if they buy taxable goods. As the receipt explains, it’s a public infrastructure fee of 0.50 percent and it pays for the development’s public improvements. It’s relatively new in Florida, as is retail development in northern St. Johns County.

“Durbin Park is in a new growth area where it was extraordinarily expensive to develop, in an area that did not have the infrastructure to support a development of this magnitude, thus the structure we chose was necessary,” said Bobby Bennett, chairman of the community development district that administers the fee. Other retailers opening in Durbin Park also will be required to charge their customers the fee. Walmart is the first retailer to SEE FEE, PAGE 10

Restaurant Notes: Ruth’s Chris to renovate Downtown PAGE 5 The Cawton Report: Federal praise for JTA CEO Nathaniel Ford PAGE 8 OBSERVER MEDIA GROUP

SEE JOBS, PAGE 10

THE MATHIS REPORT

TSG Realty buys two San Marco Buildings PAGE 4 VOLUME 1, NO. 27 • ONE SECTION

Page 2 • Thursday, December 6, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

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WHAT’S TRENDING

Union Hall is planned next to the railroad tracks along Hendricks Avenue in San Marco.

DEVELOPMENT

Union Hall is next phase of San Marco Train Station Development is underway for Union Hall, the next phase of the San Marco Train Station on Hendricks Avenue. Jacksonville developer Ashco wants to bring “a sort of outdoor living room to San Marco,” said Tiffany Ash, Ashco vice president of leasing and real estate. Union Hall is next to Ashco’s San Marco Train Station, the former city of South Jacksonville waterworks and electric building built in 1930 that houses La Nopalera restaurant. It’s next to the railroad tracks that cross Hendricks Avenue. Ashco purchased two structures behind the La Nopalera. “We have two buildings that we’re remodeling,” Ash said. A restaurant is planned for the 900-square-foot building while at least two concepts are being considered for the larger 3,000-square-foot building. Art will play a large part in Union Hall. One concept that Ashco plans to bring to Jacksonville features floating umbrellas. The concept mimics the 1,000 colorful umbrellas that float above Yoel Moshe Solomon Street in the historic Nachalat Shiva district of downtown Jerusalem. Ash said Ashco expects to complete the expansion in the first quarter of 2019, meaning it could be open by April 1.

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

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Boston-based Wayfair Inc., an online retailer for home furnishings, selected Jacksonville for a 1 million-square-foot warehouse and distribution center that will serve customers throughout the Southeast. The city and Wayfair LLC have signed an economic development agreement to develop a $72 million Westside distribution facility in AllianceFlorida at Cecil Commerce Center by year-end 2020. Wayfair expects to employ 250 workers by the end of 2021 at an average wage of $33,000 in exchange for a $3.3 million city Recapture Enhanced Value grant, payable over 10 years. Wayfair is posting jobs at wayfaircareers.com. Wayfair Chief Operating Officer James Savarese said in a news release that the Jacksonville center is part of the company’s plan to scale its logistics operations in Florida to support growth. “With the opening of our new distribution center in Jacksonville, we know we will benefit from a strong talent pool and we look forward to contributing to the growth of job opportunities in the region as we welcome hundreds of employees to our world-class team,” he said.

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RETAIL Foot Locker, Champs planning stores near Regency Foot Locker and Champs Sports, two of the remaining national retail tenants at Regency Square Mall, are making plans to open stores across the street in a strip shopping center. The city is reviewing building permit applications for tenant improvements for both stores at 9428 Arlington Expressway in the Regency Pointe Shopping Center. Plans show that Champs Sports will lease two units that total 6,350 square feet at the north end of the center. Foot Locker will lease 3,700 square feet next to Champs. Regency Pointe is at 9402-9450 and 9480 Arlington Expressway and 9465 Atlantic Blvd. It comprises about 67,000 square feet among three buildings. Among its tenants are ChenMed, Wingstop and Skechers Outlet. Visionworks and Olive Garden occupy outparcels.

Harbour buys land for Tamaya Market Harbour Retail Partners bought land to develop Tamaya Market, anchored by Sprouts Farmers Market. Harbour Retail Partners intends to start site work in January and construction in April for the roughly 75,000-square-foot shopping center. Randy Kelley, Harbour Retail Partners manager and developer said the more than $20 million project could be completed near the end of 2019. Phoenixbased Sprouts wants to open in the first half of 2020, which is driving the timing of the project. Harbour Retail Partners paid about $6.73 for 11.2 acres at northwest Beach and Tamaya boulevards, east of Kernan Boulevard.

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Thursday, December 6, 2018 • Page 3

Florida banks: Not as many, but stronger The drop in Florida banks The number of FDIC-insured commercial banks and savings institutions in Florida has dropped 62 percent since 2008, from 311 to 118.

311 295

62% 79.66%

BY MARK BASCH CONTRIBUTING WRITER

A decade after several major financial institutions collapsed in one of history’s worst banking crises, the industry appears to be in pretty good shape. The Federal Deposit Insurance Corp. two weeks ago released third-quarter data for the industry showing aggregate earnings for all insured commercial banks and savings institutions were 29 percent higher than last year. More than 70 percent of the 5,477 insured institutions nationwide increased earnings since last year’s third quarter and only 3.5 percent of them recorded a net loss. The percentage of unprofitable banks and savings institutions in Florida was higher, at 8.47 percent, but 79.66 percent of Florida institutions increased earnings. A comparison of Florida’s overall third-quarter performance with the state banking industry’s third-quarter 2008 performance shows just how far the industry has come in the past decade. The percentage of unprofitable institutions in Florida was 54.02 percent in the third quarter of 2008 and the industry’s performance was even worse a year later, with 76.61 percent losing money in the third quarter of 2009. Florida banks and savings institutions produced aggregate third-quarter earnings of $1.531 billion this year, compared with an aggregate loss of $1.074 billion 10 years ago and a loss of $1.699 billion in the third quarter of 2009. The percentage of noncurrent loans to all loans was 2.66 percent for Florida institutions in this year’s third quarter. Noncurrent loans are loans in which the borrower is at least 90 days overdue in payment or is not paying at all. The percentage of bad loans is a good indicator of the quality of a bank’s loan portfolio. The ratio of noncurrent loans to total loans was 4.47 percent in the third quarter of 2008 and

255 233 213

Percentage of Florida banks with increased earnings in 2018.

200

ECONOMIC TRENDS

According to the FDIC, the performance of the state’s banks have come a long way in the past decade.

184 165 150 135 118

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Source: Federal Deposit Insurance Corp.

that jumped to 8.12 percent the next year. Losses from bad loans sent numerous banks into failure during the crisis, and the FDIC data shows an upheaval in Florida’s financial industry over the past decade. Florida had 118 FDIC-insured institutions at the end of the 2018 third quarter, down from 311 in the third quarter of 2008. The number of employees at those institutions dropped from 31,590 a decade ago to 21,240 at the end of the third quarter. Jacksonville was considered the banking capital of Florida for much of the 20th century but locally based banks have all but disappeared in the last decade. FDIC data shows 20 banks headquartered in the Jacksonville metropolitan area at one time in the past decade.

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But after a series of bank closures – and mergers of healthy banks into larger institutions – the Jacksonville area is down to two locally based institutions: Florida Capital Bank and TIAA. TIAA was headquartered in St. Louis but merged with Jacksonville-based EverBank last year and moved the bank’s headquarters to EverBank’s offices. One other institution, Ameris Bank, has its executive offices in Jacksonville but its official headquarters is in Moultrie, Georgia. The number of banks has dropped nationally over the past 10 years, but not as drastically as the drop in numbers in Florida. The current total of 5,477 FDIC-insured institutions is down from 8,384 in 2008.

We’re the Experts in INVESTIGATIONS.

As the agency released the latest data, FDIC Chairman Jelena McWilliams highlighted the industry’s improvement since the last recession. “It is worth noting that the current economic expansion is the second-longest on record, and the nation’s banks are stronger as a result,” she said, according to an FDIC transcript of the agency’s press briefing on the data. However, McWilliams warned banks to remain vigilant against interest-rate and credit risk as they compete for customers. “Attention to the prudent management of these risks will position banks to be resilient so that they can sustain lending through the economic cycle,” she said.

“It is worth noting that the current economic expansion is the secondlongest on record, and the nation’s banks are stronger as a result.”

MBASCH@ JAXDAILYRECORD.COM

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Page 4 • Thursday, December 6, 2018

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THE MATHIS REPORT

TSJ Realty to renovate San Marco building

KAREN BRUNE MATHIS EDITOR

Town & Country Shopping Center Inc. paid $1.08 million for pair of properties. TSG Realty is investing in San Marco. Through Town & Country Shopping Center Inc., it bought buildings at 1561 San Marco Blvd. and 1017 LaSalle St. for redevelopment and leasing. TSG Realty and Town & Country Shopping Center Inc. are led by property owner Leonard Setzer. “We plan to renovate the property,” said TSG Realty Property Manager Pam Howard. Howard said the purchase comprises a 4,500-squarefoot building along San Marco Boulevard and an adjacent 1,900-square-foot office along LaSalle Street. Both were unoccupied. The structures can be leased separately or together. Howard said TSG Realty plans an exterior remodel by adding a layer of stucco to the fascia, painting the building and adding new awnings at 1561 San Marco Blvd. “We will be making additional interior and exterior improvements which will be determined by the tenant we find,” she said. Town & Country Shopping Center Inc. paid $1.08 million for the two buildings in a sale that closed Nov. 16. It bought the property from ZGEN LLC. TSG Realty already owns the property next door at 1555 San Marco Blvd., which is being built out by The White Magnolia Bridal Collection with an expected opening within a month, Howard said. TSG enlarged the storefront and added new doors and windows. Setzer’s Eighth Street Corp. paid $610,000 for that 3,100-square-foot building in

Photos by Karen Brune Mathis

TSG Realty plans to renovate the property it purchased at 1561 San Marco Blvd. with new stucco, paint and awnings.

TSG Realty purchased a 1,900-square-foot office at 1017 LaSalle St.

October 2017. Matthew Clark, senior vice president of Prime Realty Commercial Real Estate, is the leasing agent. He said the developer’s purchase of both parcels “opens the pool of potential retailers that may be interested in the site.” “I think we are going to see a lot of activity,” he said, adding that the intersection has traffic signals, which some tenants prefer for the ease of access by their customers. Clark said the White Magnolia brand elevates the north end of the area. He considers the additional buildings to be “an opportunity to continue to elevate the retail experience on this end of San Marco Boulevard.” The 1561 San Marco Blvd. building, whose awnings still say Hanger Prosthetics & Orthotics, was developed in 1947 and 1022 LaSalle St. was

Joel Settembrini, Jr.

built in 1922, records show. Clark said it is “a great example of the Setzers working to regentrify what were once old and tired buildings.”

Rubin leases first floor of building in San Marco

Another San Marco building is landing a new tenant. Advanced Dermatology and Cosmetic Surgery will lease 3,900 square feet, taking the first floor at 1639 Atlantic Blvd. by April. Property owner Mark Rubin said the group has an option to lease the second floor. “It’ll be a real plus to San Marco,” Rubin said. Bob Warren with Warren & Co. Realty Advisors represented Rubin in the lease negotiations and Prime Realty represented Advanced Dermatology. Howard Lee, director of real estate services for Maitland-

CERTIFIED STATE AND FEDERAL MEDIATOR

based Advanced Dermatology, said the move is expected in April. He said the Riverside practice at 1551 Riverside Ave. is spread among three historic buildings with limited parking. The move south across the St. Johns River consolidates the offices into one building with adequate parking. Renovating those older Riverside structures also would be challenging for the clinical environment, he said. “We are hoping that our patients will follow us to San Marco,” Lee said. “It’s important that we let them know that we still very much want their business and want to encourage them to come over to San Marco.” Advanced Dermatology has more than 180 locations. The North Florida acquisition was completed in May 2014. Lee said Advanced Dermatology merged with North Florida Dermatology Associates. Its website lists nine addresses in Northeast Florida. Through Atlantic 1639 LLC, Rubin paid $600,000 for the former Family Foundations of Northeast Florida Inc. building in May 2017. It sits next to his headquarters at 1649 Atlantic Blvd. Warren said the 3,500-square-foot space above the Advanced Dermatology space can be divided for two tenants until the practice wants it. The structure was constructed in 1960 and is similar

in size and age to Rubin’s headquarters. Parking is behind the buildings. Rubin seeks an administrative deviation from the city to reduce the minimum number of required off-street parking spaces at the buildings from 44 to 39 and to increase the maximum width of the driveway access from the required 24 feet to 90 feet. The proposed parking area will increase the overall spaces by two but the new lot will not be the 44 spaces needed by city code. The city planner recommends approval of the deviation. With the clinic moving into 1639 Atlantic Blvd., Rubin is considering a restaurant lease in his headquarters structure. Rubin said the first-floor tenant moved out of 1649 Atlantic Blvd. when the lease expired. He is talking with banks but also remains interested in leasing to a restaurant. Warren operates on the second floor at 1649 Atlantic Blvd building, where Rubin is based. “There is a lot of momentum in San Marco,” Warren said. Along with other movement in the area, Corner Lot Development Group bought the former Dan Stroble Printing Inc. building at 1611 Atlantic Blvd. in July and intends to move its headquarters there from 1538 Hendricks Ave. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

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Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, December 6, 2018 • Page 5

RESTAURANT NOTES

Grand opening planned Saturday for Good Dough at Town Center Good Dough scheduled a grand opening Saturday at its new St. Johns Town Center doughnut shop at 10281 Midtown Parkway. The Town Center store hours are 7 a.m.9 p.m. Monday-Saturday and 8 a.m.6 p.m. Sunday. The store has been open for a few weeks. Good Dough’s flagship shop is in San Marco.

Photo by Karen Brune Mathis

Ruth’s Chris Steak House at the Doubletree by Hilton Hotel Jacksonville Riverfront is decorated for the holidays. It will remain open during renovations.

Downtown Ruth’s Chris to complete renovations by June BY KAREN BRUNE MATHIS EDITOR

Ruth’s Chris Steak House won’t close during renovations of its Downtown Southbank restaurant and expects to complete the work in the second quarter, which ends in June. The Winter Park-based company said in a statement it will renovate the restaurant “to better suit the needs and style of the Jacksonville area.” “Our restaurant will remain open during the renovation and will not interfere” with operations, it said. Ruth’s Chris Steak House operates in the Doubletree by Hilton Hotel Jacksonville Riverfront at 1201 Riverplace Blvd. The restaurant opened in the fall of 1997 when the property was the Hilton Jacksonville Riverfront.

The city issued a permit last week for CBH General Contracting LLC to remodel the restaurant at a cost of $662,700. Ruth’s Chris plans to renovate the bar, lobby and dining areas. The work includes new floor finishes; wall covering and finishes; paint; curtains; lighting fixtures; tables, chairs and stools in selected areas; and minor millwork and floor tile revisions. No kitchen or exterior work is included. Of the 8,614-square-foot restaurant, 5,698 square feet will be altered, according to the permit. Plans show 263 seats, comprising 172 in the main dining room, 34 in the lounge, nine at the bar, and 24 each in two private dining rooms. The restaurant is owned by Ruth’s Hospitality Group Inc. of Winter Park. KMATHIS@JAXDAILYRECORD.COM (904) 356-2466

n Peterbrooke Chocolatier reports that in 2018, it sold more than 108,600 pounds of its signature chocolate-covered popcorn (more than 289,000 6-ounce bags); handdipped 46,757 strawberries for Valentine’s Day; and gave away almost 13,000 scoops of its handmade gelato during a July promotion. The Jacksonville-based company was created in 1983 in San Marco and has been franchising since 2006. Today it has more than 20 locations in the Southeast. Peterbrooke is looking for area developers and single- and multiunit operators. The initial investment ranges from about $222,750 to $343,500, including a $25,000 franchise fee. Visit peterbrookefranchising.com. n Burger King plans a new restau-

rant at 6757 Dunn Ave. The property owner is Dunn SDC LLC of Miami and the developer is Dunn BK Development LLC of New Orleans, according to civil plans in review by the city. The 66-seat, 3,103-square-foot building is planned on a 1.06-acre site. n Firehouse Subs was approved by St. Johns County for a $160,000 build-out of a 1,600-square-foot res-

taurant at 480 Durbin Pavilion Drive, Suite 103, at a cost of $120,000. n Two Panera Bread restaurants are in review for construction or renovation. The city is reviewing a permit application for construction of a 4,777-square-foot Panera Bread on 1 acre at 13750 Old St. Augustine Road at a cost of $750,000. The city also is reviewing an application for renovations of the Panera Bread at CB Square in Arlington at 9301 Atlantic Blvd. The $160,000 project includes interior remodeling. n The city is reviewing a permit application for construction of a 2,265-square-foot Popeyes Louisiana Kitchen on 1.14 acres at 45 Duval Station Road in North Jacksonville. n Outback Steakhouse is renovating its restaurant at 9773 San Jose Blvd. at a cost of $451,000. Work includes interior remodeling of the bar, bathroom and dining areas of the almost 6,000-square-foot building. n Jersey Mike’s wants to build out at 9711 Applecross Road in the OakLeaf area. Ticon Inc. is the contractor for the $182,000 tenant work for 1,020 square feet of space. A permit is in review. n Mack’s Tenders is coming to the Bay95 retail center at 8738 Baymeadows Road E. The city issued a permit for The Ford Co. Inc. to build-out 1,200 square feet of space at a cost of $140,000.

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Page 6 • Thursday, December 6, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE BASCH REPORT REPORT THE CAWTON

Foote wants more decisions made in field

MARK BASCH CONTRIBUTING WRITER

CSX Corp. CEO touts decentralized structure at investor conference. CSX Corp.’s railroad covers most of the eastern U.S. and from its Jacksonville headquarters, you can pretty much watch everything that’s happening over its 21,000 miles of track. But CEO James Foote doesn’t want to run the operation from a control room in Jacksonville. During an investor conference last week hosted by Credit Suisse, Foote explained why CSX in August unveiled a new decentralized structure with more decisions made by managers in the field. “We’re trying to take more and more bureaucracy and more and more of this ‘we run CSX from Jacksonville’ mentality out of the company and put it out into the field,” he said. Foote wants a railroad where “the people in Waycross and Selkirk and Chicago and Nashville and Cincinnati and all these other places in between are the people that have the responsibility and the knowledge where they can make that decision on the spot, get the product moving, feel empowered to be able to do that and at the end of the day should say, ‘Wow, look what we did today,’ and feel really good about it.” CSX has been cutting its workforce over the past two years throughout its system, including in Jacksonville, but the decentralization initiative Phelps is not affecting its head count, spokeswoman Laura Phelps said. The company has 2,831 employees based in Jacksonville. Foote was named CEO nearly a year ago, after the death of predecessor Hunter Harrison. Much attention has been given to CSX’s efforts to improve operating efficiency under both Harrison and Foote. However, during last week’s conference, Foote said CSX should be viewed as “a service differentiation story.” Credit Suisse analyst Allison Landry, who hosted the session with Foote, saw that statement as significant. Foote had a sales and marketing background in the railroad industry, not an operational background, before Harrison brought him in to CSX as his eventual successor. Landry said in a research note his background could lead to stronger revenue growth for the company. “There was a reason that Hunter chose Jim Foote (more than any superficial rationale

“We’re trying to take more and more bureaucracy and more and more of this ‘we run CSX from Jacksonville’ mentality out of the company and put it out into the field.” JAMES FOOTE, CSX CEO

might explain) — and perhaps that reason is starting to become apparent,” she said.

McKesson moving its HQ to Texas Health care supply giant McKesson Corp. announced Friday it is moving its headquarters next year from San Francisco to Las Colinas, Texas, a Dallas suburb. McKesson, the sixth largest U.S. company, went about the headquarters move relatively quietly but there were signs. It opened an office campus last year in Las Colinas that now employs about 1,600, according to The Dallas Morning News. The company also last year completed a sale-leaseback deal for its headquarters building in San Francisco. McKesson did say it expects to continue employing about 1,400 in San Francisco in distribution and sales operations. McKesson has been in Jacksonville since acquiring medical supply distributor PSS World Medical Inc. in 2013. The company in January announced plans to move 428 employees next year into a new building along Gate Parkway at southwest Interstate 295 and Butler Boulevard. McKesson said it currently has about 600 employees in Jacksonville. The announcement of the new headquarters came about a month after Chairman and CEO John Hammergren announced he will retire next year. In a news release, Hammergren said the headquarters move “will improve efficiency, collaboration and cost-competitiveness, while providing an exceptional work environment for our employees.”

Patriot reports flat earnings Patriot Transportation Holding Inc. reported basically flat earnings for the fourth quarter ended Sept. 30, as the Jacksonville-based trucking

company continues to deal with the industrywide challenge of finding and retaining qualified drivers. Patriot reported earnings of 19 cents a share, compared with 6 cents in the fourth quarter of fiscal 2017. However, this year’s earnings included 12 cents in tax benefits. For all of fiscal 2018, Patriot earned $1.54 a share, including $1.04 in tax benefits, compared with 55 cents a share in fiscal 2017. Revenue for the year rose slightly to $114.1 million but excluding fuel surcharges passed on to customers, transportation revenue fell 2.1 percent. “The financial results of 2018 did not meet our expectations. Management Sandlin continues to make the necessary adjustments to our plan to improve the bottom line results,” CEO Rob Sandlin said last week in Patriot’s quarterly conference call. Sandlin said the driver shortage is a key issue, and the company is implementing policies including productivity-based driver pay and new training programs. “Management spends a good deal of time dealing with these issues surrounding driver shortages,” he said. “We are encouraged by the increased number of drivers hired and in training since these implementations and will continue to monitor our progress for any needed adjustments to our plan.”

Analyst likes Black Knight’s ‘moat’ Susquehanna Financial Group analyst Jack Micenko initiated coverage of Black Knight Inc. last week with a “positive” rating, saying he is impressed with the Jacksonville-based company’s “moat.” The moat is Black Knight’s

position as the dominant U.S. company providing processing services for mortgage lenders, a barrier that potential competitors have difficulty penetrating. “Black Knight enjoys one of the most unique competitive positions we’ve seen in our approximately 20 years covering the mortgage and financials space,” Micenko said in his research report. “Over 90 percent of the company’s revenue is recurring in nature due to the company’s plus-70 percent market share in its core business. Moreover, they enjoy contract terms with its customers that are 3-4 times longer in duration than is typical with other software companies,” he said. Micenko set a $59 price target for Black Knight’s stock, which was trading at $44.94 at the time of his report last week.

Web.com acquires domain business Web.com Group Inc. said Monday it acquired the remaining interest it did not already own in domain name platform company NameJet LLC. NameJet helps businesses acquire domain names, including names that recently have expired. The company was formed in 2007 as a joint venture between eNom Inc. and Network Solutions LLC. Jacksonville-based Web. com, which provides website development and marketing services for businesses, acquired Network Solutions in 2011. Web.com said it acquired the remaining interest in NameJet from eNom’s parent company, Tucows Inc. Terms of the deal were not announced. “This move to complete ownership aligns with our goal of nurturing our core domain business, supporting and anticipating the diverse needs of our customers, and driving new opportunities for innova-

tion and growth,” Web.com CEO David Browns said in a news release.

Deutsche Bank CEO again denies merger rumors

Deutsche Bank’s stock dropped to a record low last week as German officials investigated the bank’s possible involvement in moneylaundering activities. The low stock price again raised speculation about a merger for the bank, but Deutsche Bank CEO Christian Sewing dismissed those reports over the weekend. “I don’t have any indication of that,” Sewing told German newspaSewing per Bild am Sonntag, according to a report by CNBC. “We are on track to make our first profit for three years. It is only a matter of time before this progress is reflected in the share price,” he said. Deutsche Bank employs about 2,000 people in Jacksonville in its second-largest U.S. operations center, after New York. Deutsche Bank last week confirmed that German government officials raided several of its offices as part of the so-called “Panama Papers” investigation of illegal international financial activities. “As far as we are concerned, we have already provided the authorities with all the relevant information regarding Panama Papers,” Deutsche Bank said last week in a statement. “Of course, we will cooperate closely with the public prosecutor’s office in Frankfurt, as it is in our interest as well to clarify the facts. In recent years, we have proven that we fully cooperate with the authorities — and we will continue to do so.”

MBASCH@ JAXDAILYRECORD.COM

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, December 6, 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 and St. Johns counties. The sales were recorded Nov. 26-30.

File image

The office-warehouse property at 10255 Fortune Parkway sold for $5.5 million, a 25 percent increase over its previous sale price of $4.4 million in 2015.

$16,000,000

$5,500,000

$2,029,242

$1,695,000

$1,668,276

Philips Highway, Jacksonville, Duval County

10255 Fortune Parkway, Jacksonville, Duval County

Youngerman Circle, Jacksonville, Duval County

395 12th St., Atlantic Beach, Duval County

539 Atlantic Beach Court, Atlantic Beach, Duval County

Type: Timberland Size: 167 acres Buyer: Jacksonville Electric Authority Seller: Estuary LLC

Type: Office-warehouse Size: 7.21 acres Buyer: Graham 10255 Fortune LLC Seller: Exeter 10255 Fortune LLC Previous sale: $4,400,000 in 2015

Type: Vacant land Size: 9.7 acres Buyer: Youngerman and Parramore LLC Seller: 295 Venture LLC Previous sale: $1,282,100 in 1998

Type: Single-family Size: 0.35 acres Buyer: Walter T. and Janna B. McNicholas Seller: Samuel P. and Kelly D. Saunders Previous sale: $1,425,000 in 2017

Type: Single-family Size: 0.26 acres Buyer: Stephen P. and Susan Mills Seller: Riverside Homes of North Florida Inc.

$1,600,000

$1,323,000

$1,300,000

$1,289,301

$1,234,632

7310 U.S. 1 S., St. Augustine, St. Johns County

Dunn Creek Road, Jacksonville, Duval County

4237 Salisbury Road, Building No. 4, Jacksonville, Duval County

2937 Pescara and 2728 Tartus drives, Jacksonville, Duval County

1817 Atlantic Beach Drive, Atlantic Beach, Duval County

Type: Agriculture Size: 53.96 acres Buyer: Christopher S. Shee Seller: Tringali Family Lodge LLC Previous sale: $214,100 in 2011

Type: 21 single-family lots in the Cherry Lakes subdivision Size: Not available Buyer: Dream Finders Homes LLC Seller: Cherry Lakes Development LLC

Type: Office condominium Size: 0.26 acres Buyer: Poky Management LLC Seller: Salisbury Road Condominium JV4 LLC Previous sale: $1,485,000 in 2004

Type: Two single-family homes Size: 0.49 acres Buyer: HCC Tamaya Residential LLC Seller: Tamaya Loan Acquisition LLC

Type: Single-family Size: 0.21 acres Buyer: David L. and Dawn E. Lemasters Seller: Riverside Homes of North Florida Inc.

The Nursing Home Abuse Expert™

Page 8 • Thursday, December 6, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE CAWTON REPORT

Federal official praises JTA CEO Ford DAVID CAWTON STAFF WRITER

First Coast Flyer bus service from Downtown to Jacksonville Beach is launched. Jacksonville Transportation Authority CEO Nathaniel Ford Jr. cut the ribbon Monday on another project under his watch, the latest phase of the First Coast Flyer bus service. The 18.5-mile, $33.9 million Red Line runs from Rosa Parks Station at Union and State streets Downtown to Third Street in Jacksonville Beach. It is the longest expansion to the First Coast Flyer system, and another example of how Ford is changing public transportation in Jacksonville. “This is by far the largest BRT (bus rapid transit) line we’ve implemented,” Ford said. “It literally doubles our system with 60 stops.” Because it was raining, Ford, JTA board members, elected officials and the acting administrator of the Federal Transit Administration, K. Jane Williams, moved inside Jacksonville Beach City Hall to talk about the project. The Federal Transit Administration is part of the Department of Transportation. It provides financial and technical assistance to local public transportation systems like JTA. Williams, appointed by President Donald Trump in August 2016, said the service is the largest in the Southeast. Williams rose from the local authority side of transportation. Before joining the administration, Williams was the director of the Washington Area Transit Office in the Maryland Department of Transportation where she worked with the Maryland Transit Administration and the Washington Metropolitan Area Transit Authority.

Photo by David Cawton

K. Jane Williams, acting administrator of the Federal Transit Administration and JTA CEO Nathaniel Ford ride the First Coast Flyer Red Line to Jacksonville Beach.

One of Ford’s hallmarks since joining JTA in 2012 is securing federal funding. For the Red Line, the transit administration invested $16.9 million into the project through a capital investment grant program. “I think we’re going to see more investment,” Williams said. She said the DOT has pledged $63.9 billion for infrastructure investments across the country, including in Jacksonville. Williams said the Jacksonville area presents a different challenge for Ford, who previously worked in cities like San Francisco and Atlanta where public transit is more centrally located. “With highways and transit, he has a whole transportation network under his authority,” she said. Williams called Ford innovative and said he has looked at “opportunities to right-size the system here.” She said one of those opportunities was JTA’s decision in 2017 to shutter the Beaches Trolley services that ran between Atlantic Beach, Neptune Beach and Jacksonville

Beach in exchange for something much smaller – golf carts sponsored by JTA. “We had a struggling Beaches shuttle for literally decades and we finally made a choice to move away from a 40-foot bus to using a golf cart operation,” Ford said. “One size doesn’t fit all.” “Beachside Buggies” is a free, on-demand services that riders can request through a mobile app. Unlike the trolley, which ran on JTA’s fixed bus routes, the Beachside Buggies riders can be picked up and dropped off at regular or destination stops. Williams said Ford’s abilities continue to impress federal transportation officials and his local transit authority counterparts in other cities. “He’s got a national profile and you’re lucky to have him in Jacksonville,” Williams said. Ford was selected in 2017 to chair the American Public Transportation Association. The group comprises local and regional transportation executives and lobbies federal officials on transportation policy. “I’m enjoying being here in Jacksonville,” Ford said.

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“Having the opportunity to build a project that could have national implications, something that’s not really available to myself and a lot of my peers, is special.” Ford said he hasn’t been offered and is not considering other roles, such as at DOT or the Federal Transit Administration. “USDOT is a great opportunity if that ever came about but right now my heart is sold on Jacksonville and the good work we’re doing here at JTA,” he said.

JEA spends $16M for land to build a wastewater station JEA paid $16 million to buy 167 acres in South Jacksonville as it begins planning a wastewater treatment and reclaimed water facility. According to the deed, JEA bought the land Nov. 20 from Estuary LLC. The property is south of the eTown development near Interstate 295 and Florida 9B. The property includes about 120 acres of wetlands. Project manager Tom Hawk

said JEA hopes to have the Greenland Water Reclamation facility operational by 2022. Hawk said the facility will produce around 6 million gallons of reclaimed water a day through 2040. “We’ve got a lot of demand for reclaimed water in that area,” Hawk said. “That’s primarily used for irrigation and industrial uses.” JEA began its reclaimed water efforts in 1999. Last year the system produced around 19 million gallons per day. Like others in JEA’s network, the Greenland facility is positioned to serve a growing area east of the St. Johns River. “It keeps us from using all the potable water from the Florida aquifer,” Hawk said. “In the case of JEA, it also helps us avoid using surface water.” Hawk said JEA will hire a design-builder for the project and hopes to break ground in 2019. DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466

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Thursday, December 6, 2018 • Page 9

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

Gallagher

Davis

Bennett

Pace Center for Girls Inc. added three members to its board of trustees: Karen Gallagher, who recently founded L.E.A.D. Group, a human resource and business strategy consultant. Susan Davis, managing partner of Healthcare Strategic Solutions LLC. Previously she was senior vice president and marketing executive with Ascension Health. Mark K. Bennett, senior vice president and commercial banking market executive of Bank of America for North Florida, South Georgia, South Alabama and South Mississippi. Ascension Florida named five members of its board of directors from Northeast Florida: Dr. Paul Chappano, chairman, a surgeon with

HOSPITAL, INSTITUTIONAL Community Hospice & Palliative Care, 5450 Ramona Blvd., contractor is ShayCore Enterprises Inc., 9,310 square feet, renovation, $850,000.

St. Vincent’s Medical Center, Riverside Jack C. Demetree Jr., director, Augustine Asset Management Inc. John Falconetti, president of Drummond Press Sidney Simmons II, attorney Thomas VanOsdol, ex officio, president and chief executive officer of Ascension Florida

OFFICE, BANK, PROFESSIONAL Hinduja Global Solutions, 6680 Southpoint Parkway, contractor is Auld & White Constructors LLC, 38,468 square feet, tenant build-out, $605,100. NS Holdings LLC, 5737 Barnhill Drive, No. 101, contractor is Duckworth Construction Co., first floor renovation, $89,489. 7Seas Safety Group LLC, 1004 Eastport Road, contractor is Underwater Mechanix Services LLC, tenant build-out, $45,000.

John Campion was elected chair of the Business Council for International Understanding. Campion is the founder and chairman of APR Energy, an international company providing access to fast-track electric solutions. Campion has been a volunteer board member for five years. Joy Young joined the Cultural Council of Greater Jacksonville as executive director. Young was director of administration, human resources and operations for the South Carolina Arts Commission in Columbia, South Carolina.

OTHER Evergreen Cemetery, 4535 N. Main St., contractor is Ken Dear Inc, 852 square feet, new mausoleum, $237,900. SCHOOL, LIBRARY, OTHER EDUCATIONAL Jacksonville University, 2800 University Blvd., No. 2526, contractor is Stellar Group Inc., 58,000 square feet, Botts Hall renovations, $4.88 million.

Young

SIGNS Smart Workers Pharmacy, 3740 St. Johns Bluff Road S., contractor is Taylor Sign & Design Inc., wall sign, $2,145. Clear Channel Outdoor, 2945 College St., contractor is Clear Channel Outdoor, remove billboard, $1,000. Lash Spa Studio, 9119 Merrill Road, No. 4, contractor is Taylor Sign & Design Inc., wall sign, $1,000.

BUSINESS IN BRIEF Flooring firm buys office/warehouse: Illinoisbased commercial flooring distributor and installer Mr. David’s Flooring International LLC, purchased a 34,851-square-foot office/warehouse building on 2.77 acres at 5343 Bowden Road for $2 million. The property was sold by Intego Systems Inc., according to the Duval County Clerk of Courts. The sale was represented for the seller by Keith Goldfaden, Patrick Thornton and Daniel Burkhardt of NAI Hallmark. 600 dine at Longest Table: JAX Chamber held the third annual Jacksonville’s Longest Table Community Dinner last Thursday. It said 600 participants from across Northeast Florida joined to share ideas about Jacksonville and other top-

STORES, MERCANTILE

Special to the Daily Record

The Longest Table stretched for more than 600 feet along Independent Drive from the Main Street Bridge to Newnan Street.

ics. Thirteen businesses contributed the food and drinks for the event.

UTILITIES Sprint, 6687 Columbia Park Drive, contractor is Intellisite Inc., install cell tower equipment, $65,000. Compiled by Scott Sailer

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Family Dollar, 1022 Dunn Ave., contractor is Vision Contractors Inc., 10,324 square feet, tenant build-out, $211,060. Goodwill Industries, 8738 Baymeadows Road E., No. 101, contractor is Ed Carlyon General Contractors Inc., 2,400 square feet, tenant build-out, $100,000.

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DEVELOPMENT TODAY

These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville.

PEOPLE ON THE MOVE

Page 10 • Thursday, December 6, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

Fee CONTINUED FROM PAGE 1

open as part of the first phase of Durbin Park, which will include about 650,000 square feet of retail space. The northern St. Johns County development is planned for four phases and has entitlements to build up to 2.4 million square feet of retail, 2.8 million square feet of office space, 999 multifamily units and 350 hotel rooms. CALCULATED LIKE A SALES TAX

PIF, the public infrastructure fee, is calculated like a sales tax, as well as adopted by a government entity. It is listed on Walmart sales receipts as PIF under Tax 1, which is the county’s 6.5 percent sales tax. PIF tools are being used around the country, particularly in Colorado, and appear only recently to have made their way to Florida. In this case, the “special-purpose government entity” created for the Durbin Park development is the DP1 Community Development District. The St. Johns County Commission approved its formation on July 24, 2017. The five members of the board of directors were appointed by the Durbin Park landowners and include employees from the two commercial developers that partnered on Durbin Park - Gatlin Development Co. and Gate Petroleum Co. The board unanimously voted in favor of adopting the fee at its Sept. 5, 2017, meeting. Bonds were issued to pay for the public improvements, including roads, utilities, and water and sewer lines. Public documents from the dis-

Jobs CONTINUED FROM PAGE 1

tomer service representatives for the three shifts it will operate. It did not post salaries but said it offers health benefits, a matching 401(k), loyalty programs, celebration awards and more. The company said in September that about 80 percent of the jobs in Jacksonville would be in customer service with the balance in human resources, training, frontline management and administrative leadership. HGS USA says it is a global leader in business process management and part of the “multi-

Photo by Jay Schlichter

The infrastructure at The Pavilion at Durbin Park in St. Johns County is being paid for through a fee added to the purchases of consumers who shop there.

trict’s website say the anticipated cost to install all of the infrastructure is $25 million. “The final number will be calculated based on the total expenditures made by the CDD,” said Bennett in an email. “As of this date just over $8 million has been spent.” These fees are still rare in Florida, with only a few commercial developments using them. The Daytona Beach NewsJournal reported that a PIF is being used in three retail centers in Volusia County. Media outlets throughout the nation, with many in Colorado, have reported about the emergence of the fees. Bennett said the fees are “rela-

tively” new but have been used in Florida in some capacity over the past 10 years. More familiar to many Northeast Florida residents are the community development district fees paid by homeowners in subdivisions. There are many in St. Johns County, including Nocatee and Beachwalk. With those, a property owner pays the fee to repay a residential developer for building the neighborhood’s infrastructure. But those are flat annual fees, as opposed to a variable PIF used in retail developments. PIFs are dependent on how much a customer spends at a retail shop. “It is important to point out

that this kind of alternative financing through issuance of municipal bonds through a CDD, makes a project like Durbin Park possible,” Bennett said. FEES AND TAXES

Bennett said the board chose 0.5 percent because when the fee is added to the 6.5 percent sales tax rate charged by St. Johns County, customers are paying an amount equivalent to the 7 percent sales tax in neighboring Duval County. “Keep in mind this only applies to items subject to state sales tax and for every $100 of applicable expenditures this would only be 50 cents,” he said. Many northern St. Johns Coun-

ty shoppers drive to Duval County for big-box stores, restaurants and other retailers. St. Johns County executives said previously residents had limited options for entertainment and retail experiences, making Durbin Park an option for shopping within the community. The receipt also explains that the fee is not a tax and is charged in addition to the sales tax. The fee, it says, becomes part of the sales price and is subject to sales tax. JAYS@JAXDAILYRECORD.COM @JAY_SCHLICHTER (904) 356-2466

billion-dollar conglomerate Hinduja Group” with almost 45,000 employees in 75 delivery centers in seven countries. HGS says it works with telecommunications and media, health care, insurance, banking, consumer electronics and technology, retail and consumer packaged goods industries, as well as the public sector. The company says it provides customer service by phone, web, chat, text and social customer service, back-office support and robotic process automation. Job postings are at teamhgs. com/contact-us under careers. KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

File image

Hinduja Global Solutions will lease space at 6680 Southpoint Parkway in the Parkway Place office park at Interstate 95 and Butler Boulevard.

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Thursday, December 6, 2018 • Page 11

James D’Andrea was sworn in as president and Curry Pajcic recognized as the chapter’s Trial Lawyer of the Year. BY MAX MARBUT ASSOCIATE EDITOR

The American Board of Trial Advocates Jacksonville Chapter celebrated its 30th anniversary Friday. More than 130 members and guests gathered at Timuquana Country Club for dinner, awards and installation of officers. Part of a national organization comprised in equal numbers of plaintiffs’ and defense trial attorneys, there are 100 members in the Jacksonville chapter. Milton, Leach, Whitman, D’Andrea & Eslinger partner James D’Andrea was sworn in as president by Circuit Judge Tyrie Boyer. D’Andrea is a board-certified civil trial lawyer who specializes in transportation defense and risk management in railroad, maritime, crew transport and trucking industries. D’Andrea accepted the gavel from Curry Pajcic of Pajcic & Pajcic, who was recognized as the chapter’s Trial Lawyer of the Year. Also installed by Boyer were President-elect Corrine Hodak,

Treasurer Kristen Van der Linde, Secretary David Dunlap and Brian Currie, historian. The Jurist of the Year award was presented to Circuit Judge Peter Dearing, who is retiring in January after serving on the bench since he was appointed in 1988. Robert Cole, national ABOTA board member for Jacksonville and past president of the chapter, received the Joseph P. Milton Civility Award and David Dunlap received the President’s Award. Membership in ABOTA is by invitation and six attorneys were inducted into the Jacksonville chapter: Fraz Ahmed with Coker Law; Alexis Clay with Peter F. Nunes & Associates-State Farm; Milam Howard Nicandri Gillam & Renner partner Braxton Gillam; Marshall Dennehy Warner Coleman Goggin managing partner James Hanratty; Boyd & Jenerette partner Kristie Schrader and Mitchel Woodlief with Woodlief & Rush. D’Andrea said the chapter will “pick up where it left off in 2018,” promoting the preservation of the constitutional right to a civil jury trial, defending an independent judiciary and cultivating civility and professionalism in the legal profession. “That’s what’s most important to us,” he said.

LAW AND THE COURTS

ABOTA celebrates 30th anniversary

Photos by Ed Fernandez

From left, Curry Pajcic, Wayne Hogan and 4th Circuit Judge Peter Dearing, recipient of the 2018 Jurist of the Year award from the American Board of Trial Advocates Jacksonville Chapter

American Board of Trial Advocates Jacksonville Chapter 2019 President James D’Andrea, left, and 2018 President Curry Pajcic, who also was recognized as ABOTA’s Trial Lawyer of the Year.

MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466

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Page 12 • Thursday, December 6, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE MARBUT REPORT

4th Circuit seat open on Florida Bar board

MAX MARBUT ASSOCIATE EDITOR

Nomination deadline is Dec. 17 for candidates interested in applying for the two-year term. The successor for Tanner & Bishop partner Michael Tanner’s expiring term representing the 4th Judicial Circuit on The Florida Bar board of governors will be elected in March. Nominating petitions for the seat on the 52-member board may be downloaded at floridabar.org and must be received in The Florida Bar headquarters office before 5 p.m. Dec. 17. Candidates must be nominated by at least five members in good standing whose official Bar address is in Clay, Duval or Nassau counties. Ballots for the election will be emailed or mailed on or before March 1, and voted ballots must be received before midnight EST on March 21. Two-year terms for 2019-20 board members will begin July 1.

Farah & Farah sponsors ‘Let’s Move Jacksonville’

Hundreds of people went to Klutho Park in Springfield on Saturday to attend I’m A Star Foundation’s eighth annual “Let’s Move Jacksonville” festival sponsored by the Farah & Farah law firm. Students ages 13-18 designed the event, which featured dancing, kickball, flag football, a cheerleading camp, soccer, golf, karate and basketball as well as free healthy snacks and groceries for attendees to take home. Communities in Schools of Jacksonville received the $1,000 prize for bringing the largest group to the event. I’m A Star Foundation partners with the city of Jackson-

Special to the Daily Record

Abel Bean hits the road for Freed to Run From left, Abel Bean Law Firm co-founder Dan Bean; Jackie Van Laningham; Melinda Higby, Abel Bean business manager and paralegal; Jessica Rosario; and co-founder Mike Abel comprised one of the relay teams running the first leg of Freed to Run 2.0 with Gunster attorney Mike Freed. The group departed from the steps of the state Supreme Court building early Sunday morning and finished at the Jefferson County Courthouse in Monticello. Freed is scheduled to finish his second annual six marathons in six days to raise money for legal aid at about 4 p.m. Friday at the Duval County Courthouse.

ville’s JaxParks to encourage families to enjoy the more than 300 parks in Duval County, the largest municipal park system in North America.

Bar committee preferences are due Jan. 15

The annual committee preference application forms for Bar members seeking appointments for 2019-20 are due by Jan. 15. In making committee appointments, The Florida Bar President-elect John Stewart will consider factors including gender, ethnic, geographic and practice area diversity; prior service to The Florida Bar and voluntary Bar organizations; the need to infuse new members into a committee; and previous committee participation and contributions. Stewart will make about 500

appointments to more than 70 committees that will serve during his term. Committees, descriptions and current membership can be found at floridabar.org.

Harden moving to the Southbank Attorney Paul Harden is moving his law offices from 501 Riverside Ave. to 1431 Riverplace Blvd. He applied for a permit for a $240,941 build-out of 1,346 square feet on the northwest corner of The Peninsula on the Southbank. Harden has owned the space, zoned for office Harden use, since the condominium tower on the Southbank opened. “I bought 3,200 square feet when the building was built and sold half to some attorneys,” he said. The interior is by Hota Design Studio LLC; Emerald C’s Development Inc. is the contractor. Plans show two offices, a lobby and reception area, a balcony with a view of the Downtown skyline and a terrace overlooking the pool area. “It has some nice amenities you don’t normally have in an office building,” Harden said. He plans to move into the space in late February or early March.

Florida Coastal wins moot court at Notre Dame Special to the Daily Record

Xavier Romero and Summer Robbins of Florida Coastal School of Law show off the trophy after their team won the Notre Dame Religious Freedom National Moot Court Competition in South Bend, Indiana.

The Florida Coastal School of Law team of Xavier Romero, Summer Robbins, Danyelle Alston and Catherine Supliski

won first place in the University of Notre Dame Religious Freedom National Moot Court Competition in South Bend, Indiana. After defeating the University of Kansas in the semifinal round, the Florida Coastal team prevailed over Barry University College of Law in the finals. In addition, Robbins won the Second Best Oralist Award.

Duval County tax collector on tour Duval County Tax Collector Jim Overton is visiting Tax Collector branch locations. The “Cookies and Punch” tour will give constituents and the staff an opportunity to speak with Overton about their local office, opportunities for improvement and to highlight successes of the branches. The meetings will begin at 10 a.m. at each location: n Tuesday, Yates Branch Downtown. n Dec. 18, Beaches Branch. n Jan. 15, Gateway Branch. n Jan. 22, Commonwealth Branch. n Jan. 29, Cedar Hills Branch. n Feb. 5, Kernan Branch. n Feb. 12, Hogan at Beach Boulevard Branch. n Feb. 19, North Jacksonville Branch. n Feb. 26, Ed Ball Building Branch Downtown. For more information, visit duvaltaxcollect.net or call (904) 630-1916. Email the Tax Collector’s Office at taxcollector@coj.net. Follow on Twitter @DuvalTaxCollect or “Like” on Facebook at Duval County Tax Collector’s Office.

Foundation seeks Medal of Honor nominations The Florida Bar Founda-

tion is accepting nominations for the 2019 Medal of Honor Awards until Feb. 1. The Medal of Honor Award is given in two categories: Members of The Florida Bar, including practicing lawyers, judges or teachers in the legal field; and nonlawyers, including lawyers who are not currently practicing. Nominees in the lawyer category must have a demonstrated dedication to the mission of The Florida Bar Foundation, which seeks to provide greater access to justice in Florida. Previous recipients from Jacksonville are former 1st District Court of Appeal Judge William Van Nortwick Jr., now a partner at Akerman; and The Bedell Firm’s Hank Coxe, past president of The Florida Bar and Jacksonville Bar Association. Nominees in the nonlawyer category must have made outstanding contributions to the improvement of the administration of justice in Florida through research, writing or other deeds of character and quality. Kevin Gay, CEO of Operation New Hope in Jacksonville, is a previous recipient. Visit TheFloridaBarFoundation.org/medal-of-honoraward for details and instructions. The awards will be presented in June during The Florida Bar Annual Convention.

Cobb makes list of best lawyers Jimerson & Cobb co-founder Christopher Cobb is recognized in the 25th edition of “The Best Lawyers in America” for his work in real estate law. He is board-certified in construction law by The Florida Bar and also practices in the areas of business litigation, Cobb construction litigation, community association law and commercial collections. Only 281 of the more than 4,000 attorneys who practice in the 4th Judicial Circuit are recognized on the list, according to a spokeswoman for Best Lawyers.

Stoudemire in line to chair Primerus Saalfield Shad shareholder Richard Stoudemire was appointed vice chairman of the Primerus Defense Institute Executive Committee. Primerus is a society of more than Stoudemire 170 independent, small- to medium-size law firms with 3,000 attorneys in 50 countries. Stoudemire, who is boardcertified in workers’ compensation, will serve as vice chair until October when he will become chairman of the committee. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, December 6, 2018 • Page 13

Associate attorney, Delegal Law Offices

BY MAX MARBUT • ASSOCIATE EDITOR

Age: 29

James Poindexter is chair of the Jacksonville Bar Associaiton Governmental Relations Committee. The group provides legislative updates and information about changes in the law and administrative code on the local, state and federal levels that may affect attorneys who practice in Jacksonville. Who or what inspired you to become a lawyer? I have always wanted to work in a career where I can help people. Growing up around a number of lawyers, I was inspired by their ability to help people solve problems. Working in employment law, I enjoy the opportunity to put my passion for helping others into practice.

employment arbitration agreements. As these agreements become more prevalent, our arbitrations practice will likely catch up to our litigation practice. If I could change anything in the legal system … I would like to see Florida’s noncompete statute reformed to heighten the standard for enforcing restrictive covenants. Currently, many employees are forced to sign noncompete agreements when there is no legitimate business interest that needs to be protected. As a result, they must choose to either find new fields of work or risk being enjoined at significant legal expense.

How do you relate your undergraduate degree to your practice of law? My education in political science taught me how to read and analyze complex issues. I also learned effective writing and debate skills. Finally, my political science education allowed me to learn how to put my passion for social justice into practice. I utilize my undergraduate education each day as I research, write, advise clients and advocate before various tribunals. How did you decide your practice area? And why have you chosen that? I worked for a labor and employment law firm while an undergrad and based on that experience decided to pursue a career in employment law. I was drawn to the ability to work with the victims of employment discrimination and other workplace disputes to resolve their legal problems. What has been the biggest change in your practice area since you were admitted to the Bar? Discovery is a constantly evolving issue when dealing with modern companies. As businesses evolve and adopt new technologies and move at a quicker pace, it is becoming more difficult to trace

What community service have you pursued and why that? I have made a practice of handling a number of pro bono employmentrelated cases each year. I find it rewarding to assist those who do not have the financial means to pursue their legal claims. I have learned a lot from these cases as they usually involve facts and laws that I do not typically encounter in my normal practice.

Special to the Daily Record

communications over various platforms and find the evidence we may need to prove our cases. What do you think will be the next biggest change in your area of law? More employers are presenting their employees with onerous

LIKE US WEEKLY? YOU’LL LOVE US DAILY

What’s your advice for new lawyers? Get a mentor. There is nothing you will face during your first years of practice that your mentor has not had to deal with during his or her career. By engaging with a mentor you will be able to navigate difficult clients, opposing attorneys or ethical dilemmas that can create a lot of problems for new attorneys.

Education: Rollins College, bachelor’s in political science; Jacksonville University, MBA; Florida Coastal School of Law, J.D. Hometown: Jacksonville Family: Wife, Katherine Poindexter Someone other than my spouse who inspires me: My mentor, Tad Delegal Favorite book: “To Kill a Mockingbird” by Harper Lee Book I’m reading now: “Grant” by Ron Chernow Website I can’t live without: Audible.com Favorite nonwork activity: Golf

MMARBUT@JAXDAILYRECORD.COM (904) 356-2466

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IN THE LAW

JAMES POINDEXTER

Page 14 • Thursday, December 6, 2018

THE BAR BULLETIN

Jacksonville Daily Record

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM

INSIDE

FROM THE PRESIDENT

IT’S THE MOST WONDERFUL TIME OF THE YEAR

TECHNOLOGY

About bitcoin, blockchain Attorneys need to understand the technologies to competently represent clients. PAGE 16

YOUNG LAWYERS

Legal, medical link a win-win Legal community seeks to raise $1 million for North Florida Medical Legal Partnership.

We can add to the celebrations by helping others.

KATIE DEARING JBA PRESIDENT

love the holiday season. There is something magical about seeing Christmas through the eyes of my children. We cut down our own Christmas tree. We put up holiday lights and inflatables (yes, we’re that family). We bake cookies using my mom’s recipe. We spend the holidays with friends and family and savor every last minute of holiday cheer. It truly is the most wonderful time of the

year. We are truly fortunate. But for many in the Panhandle who are still reeling from the effects of Hurricane Michael, there is less to be thankful for this year and the holidays aren’t as wonderful. The Category 4 hurricane devastated property and lives and our help is needed. During our November member luncheon, Florida Bar Young Lawyers DiviSEE DEARING, PAGE 19

PAGE 17

COMMENTARY

Jurisdictional limit debate A look at what happened in the latest effort to raise the monetary jurisdictional limit for Florida’s county civil courts. PAGE 18

YOUNG LAWYERS

Treat yourself to the gift of gratitude this holiday season It can lead to long-term social, emotional, personal and health benefits.

RYAN HYDE YOUNG LAWYERS SECTION EX-OFFICIO BOARD MEMBER

By now you’ve probably chowed down the last piece of Halloween candy and polished off the Thanksgiving leftovers. We are knee deep in the holiday season, folks. There are cards to write, presents to buy, relatives to visit, lines to wait in,

parties to attend, decorations to hang, religious events to participate in and gifts to wrap. Your to-do list is probably longer than Santa’s Naughty List. Couple that with clients to manage, hearings to prepare for, documents to draft, billing to input and loose ends to tie up before the end of the year and the season of joy can spiral into a season of stress. On top of that, we are living in a time when all topics are polarizing, every issue is divisive

and disagreement is a zero-sum game. It can be overwhelming and make you want to scream “bah humbug!” to it all. This is my second attempt at this article. I originally wrote a fascinating piece about the history of Thanksgiving that would have kept you on the edge of your seat from start to finish. I realized after completing it that the article wouldn’t be published until after Turkey Day, so I scrapped it.

I got to thinking, however, that gratitude shouldn’t be confined to the single day set aside for turkey, stuffing, football and pumpkin pie. What if I told you that simple gestures of gratitude could cure your holiday blues? The word gratitude is derived from the Latin word gratia, which means grace, graciousness or gratefulness. It is a thankful appreciation for what an indiSEE HYDE, PAGE 19

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, December 6, 2018 • Page 15

Human trafficking survivor gets chance to turn life around

MONDAY JUVENILE DEPENDENCY/ JUVENILE DELINQUENCY Noon, Duval County Courthouse, Room 6174 Register at jaxbar.org TUESDAY JUDICIAL RELATIONS Noon, Duval County Courthouse, Room 6174 Register at jaxbar.org

‘It was an incredibly proud moment,’ attorney BeJae Shelton says.

WEDNESDAY VINTAGE LAWYERS Noon, Golden Corral Southside Boulevard Register at jaxbar.org THURSDAY ESTATE PLANNING & TAX LAW 11:45 a.m., Bistro Aix Register at jaxbar.org DEC. 18 ELDER LAW Noon, Jacksonville Bar Association Register at jaxbar.org

KATHY PARA JBA PRO BONO COMMITTEE CHAIR

In the Florida Statutes outlining requirements for criminal arrest record sealing, there is an exception for victims of human trafficking. In most cases, a person with multiple arrests may only seal one record, but victims of human trafficking may seal all charges stemming from the trafficking experience. Attorney BeJae Shelton accepted the case of a trafficking survivor referred to her by the Jacksonville Bar Association Human Rights Committee, of which Shelton was a member. Imagine the contrast of her client’s life and future prior to Shelton’s assistance and after. What were the basic facts of your case? My client is a survivor of human trafficking. She was forced into sex work and made to transport drugs on behalf of her trafficker. As a result, she was arrested in multiple counties on multiple charges. Her trafficker ultimately was convicted for his crimes and my client was recognized as the victim. What were you able to accomplish for your client? I was able to successfully expunge all charges my client received as a result of being a victim of human trafficking. Why was the outcome important to your client? My client is a survivor who has really turned her life around. She now lives up north and just completed esthetician school. The last charge was expunged right before she graduated and that was incredibly important to the client because she was able to get her clearance from the state board immediately after graduation. Why was the experience important to you and what did

DEC. 21 ADOPTION LAW Noon, The River Club Register at jaxbar.org DEC. 28 HEALTH & WELLNESS Noon, Jacksonville Bar Association Register at jaxbar.org

UPCOMING EVENTS

Special to the Daily Record

DEC. 19 BENCH & BAR HOLIDAY PARTY 5:30 p.m., Wells Fargo Center Register at jaxbar.org

Attorney BeJae Shelton’s pro bono work helped a survivor of human trafficking get her record expunged.

you gain from the experience? I truly enjoy helping survivors of human trafficking get their lives back on track. Not only did it teach me that no matter how bad things are, a fresh start is possible, it also gave me the opportunity to be part of someone’s fresh start. Hearing how excited my client was when she found out all the charges were expunged and she would be able to get her esthetician license was an incredibly proud moment for me. What is the name of your firm? In what areas do you practice? I work for Finnell, McGuinness, Nezami & Andux P.A. and practice primarily criminal defense. What advice do you have for attorneys considering pro bono involvement? Do it. I know sometimes it feels like you might not have the time, but at the end of the day, helping someone who has less than you is always a rewarding experience.

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

Shelton’s client was given the opportunity to write a new chapter in her life and choose a path to productivity and healing. Shelton reports that she spent about six hours on this case. Most of us would agree that was six hours very well spent. Her client surely would agree. Attorneys interested in providing pro bono assistance are encouraged to review the brief case descriptions at floridaprobonomatters.org. On the search line, simply type in your county to view cases. Additional pro bono opportunities such as Ask-A-Lawyer events and clinic assistance can be viewed on the Pro Bono Committee page at jaxbar. org. THERE ARE MANY OPPORTUNITIES THAT HELP TO INCREASE ACCESS TO OUR JUDICIAL SYSTEM AND THAT ARE MEANINGFUL AND MANAGEABLE. CONTACT PRO BONO COMMITTEE CHAIR KATHY PARA WITH QUESTIONS, IDEAS AND FOR MORE INFORMATION AT KATHY. PARA@JAXLEGALAID.ORG.

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

FEB. 1 SPORTING CLAYS SHOOT The Jacksonville Bar Association Sporting Clays Shoot is at Jacksonville Clay Target Sports. Presented by Milam Howard Nicandri Gillam and Renner P.A., . a portion of proceeds will benefit Three Rivers Legal Services. Cost for a team of four: $600; single: $150; team and station sponsor: $750; station sponsor: $500. Space is limited and expected to sell out. Register early 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

PROBONO BONO PRO

Page 16 • Thursday, December 6, 2018

THE BAR BULLETIN

Jacksonville Daily Record

COMMENTARY

Solving mystery of bitcoin, blockchain

BY CHRIS DIX JBA LEGAL TECHNOLOGY COMMITTEE CHAIR

Legal professionals need to understand the technology that’s been making headlines over the past few years. Blockchain and bitcoin have become popular news topics over the past few years. They frequently are the subject of webinars and CLE events for attorneys and other professionals. I find that my own attempts to learn more about the subjects usually lead to further confusion rather than clarity. Here are some definitions you may find helpful when discussing the topics: n Blockchain is an electronic ledger that records transactions, only instead of the ledger being saved on just one computer, the same ledger is saved on computers in many locations to prevent improper alteration or manipulation. n Bitcoin is a form of digital currency that relies on the blockchain technology for security and integrity. Many people learn about bitcoin after being the victim of a ransomware attack because payment in bitcoin is required to regain access to the ransomed data. Others have decided to invest in bitcoin after hearing that the currency’s value has exploded in recent years. Many may be surprised to learn that Jacksonville holds a place in bitcoin history as the location where the first bitcoin purchase occurred. In 2010, 10,000 bitcoins purchased two pizzas – those same 10,000 bitcoins now are worth about $39.3 million.

The rise in the popularity of bitcoin has spurred growth of other products using blockchain technology. For example: n In addition to bitcoin, there are about 1,600 other digital currencies that incorporate blockchain technology. n Walmart recently announced it is using blockchain technology to stop the spread of E. coli in lettuce. n RocketLawyer offers Rocket Wallet, a product that provides for secure legal contract execution and payment by using a blockchain technology called Etherium. As an attorney, I wonder if I am wasting time trying to learn more about blockchain and bitcoin. A recent article in the Harvard Business Review, “The Truth About Blockchain,” by Marco

Iansiti and Karim Lakhani, provided some helpful guidance. According to the article, blockchain technology is a “foundational” technology, which means it has the potential to create new foundations for our economic and social systems, but it will take decades before blockchain technology will be adopted in ways that directly affect us. I agree. If blockchain is a foundational technology, and bitcoin is just one early adopter of the technology, then I am not overly concerned about their impact on my law practice in the short term. However, a growing number of legal professionals believe attorneys need to understand these technologies in order to competently represent clients. One of the events planned by the Jacksonville Bar Associa-

tion’s Legal Technology Committee is an in-depth discussion about the significance of blockchain and bitcoin to the legal profession. If you’ve read this far in the article, you already know my view, but I encourage anyone interested in continuing the conversation about blockchain, bitcoin and other legal technology topics to contact me or Alice Morris about becoming a member of the Legal Technology Committee.

Many may be surprised to learn that Jacksonville holds a place in bitcoin history as the location where the first bitcoin purchase occurred.

CHRIS DIX IS A SHAREHOLDER AT SMITH HULSEY & BUSEY. HE IS A LITIGATOR AND CPA WHO FOCUSES ON EDISCOVERY, CYBERSECURITY, DIGITAL EVIDENCE AND SPORTS CORRUPTION MATTERS.

LEGAL BRIEFS

Need CLE hours? Check out the JBA website

The Jacksonville Bar Association has a CLE video library where you can purchase online CLE presentations and get those CLE credits you need in the convenience of your home or office. You may choose from as few as 0.5 CLER hours to as many as 8.0 CLER hours, including various certification hours. Just select the videos that correspond with the CLE credits you need, purchase them, watch online and submit for credit. Topics include family law, technology law, transactional law and professionalism for new practitioners. Visit jaxbar.org/store

Upcoming CLEs TUESDAY Construction Law Committee Lunch & Learn Noon, Foley & Lardner 1.0 CLE credits pending The Florida Bar approval Free to JBA members Register at jaxbar.org DEC. 14 Solo & Small Firm Committee Lunch & Learn Noon, Jacksonville Bar Association 1.0 CLE credit/1.0 technology credit approved by The Florida Bar Free to JBA members 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, December 6, 2018 • Page 17

BASKETBALL

Special to the Daily Record

The Public Defenders, front row from left, Eric Melendez, Art Stresing, Jon Lorimier, Jon Thacher, Josh Beard, Morgan Orender, Adam Schemer, Logan Chipperfield and Pete Venuti. Back row, from left, 4th Judicial Circuit Public Defender Charlie Cofer, Assistant Public Defender Austen Kane, Felony Director Owen Schmidt, Chief Assistant Lewis Buzzell, Assistant Public Defender Deb Billard, Homicide Director Alan Chipperfield, his wife, Terry and daughter-in-law Sara Chipperfield.

PUBLIC DEFENDER

DYNASTY It’s four championships in five years for the Public Defenders Office team in the JBA Young Lawyers Section basketball league.

BY THE JACKSONVILLE BAR ASSOCIATION

The fall season of the Jacksonville Bar Association Young Lawyers Section basketball league recently concluded with a familiar champion. The Public Defenders Office team, sponsored by Dogwood Park of Jacksonville, continued its league dominance by going undefeated, beating Heekin Litigation Group in the final. It’s the fourth championship in the past five years for the Defenders. While players have come and gone

throughout the seasons, captain Art Stresing, Morgan Orender, Jon Thacher, Adam Schemer and Pete Venuti have played on every championship team since the league’s rebirth in 2016. The Defenders will defend their crown in January when the next season starts. If you or any of your colleagues are interested in joining the league as a team or as a free agent, contact John Weedon (jweedon@pdplawyers.com), Jeremy Paul (jmp@dawsonorr.com) or Kayla Haines (khaines@smithhulsey.com).

YOUNG LAWYERS

Program brings legal, medical professions together

ASGHAR SYED JACKSONVILLE BAR ASSOCIATION BOARD OF GOVERNORS

Legal community to raise $1 million over five years for legal aid and health care providers. Last year, I had a conversation with Jim Kowalski, executive director of Jacksonville Area Legal Aid. We discussed a host of challenges and opportunities

and explored how the Jacksonville Bar Association can best support JALA’s important work. One initiative stood out for me. Kowalski wants to deepen JALA’s ties to Jacksonville’s business community. Tampa was the model, where the business community works hand-in-hand with legal aid to advance community needs. Why not here? Our conversation quickly turned to Katy DeBriere, whose work with the North Florida Medical Legal Partnership exemplifies Kowalski’s vision. Although NFMLP has been in place for years, in 2017 it allied with Michael Aubin, president of Wolfson Children’s Hospital, and really got things moving. But let’s step back. What is NFMLP? It is part of a national network of medical/legal partnerships. These projects bring medical and legal professionals together to serve low-income and vulner-

able patients, often children. The key to understanding NFMLP is recognizing that lowincome patients often need help that the health care industry can’t deliver. No matter how much medication is administered, an asthmatic child will never breathe symptom-free if he or she returns from the doctor’s office to a mold-infested rental unit. But an attorney can contact the family’s landlord to address the mold. By working together and smarter, attorneys can help reduce the burden on hospital emergency rooms, allowing health systems to devote resources where they are most needed. That’s a win-win. Thanks to DeBriere’s leadership, JALA now operates NFMLP in collaboration with Baptist Health, Wolfson Children’s Hospital, Nemours Children’s Specialty Care, UF Health and Community PedsCare, a pedi-

atric program of Community Hospice & Palliative Care. This fall, the Young Lawyers Section of the JBA did its part in helping kids stay healthy. The YLS selected NFMLP as the beneficiary of its annual Tee It Up for Charity golf tournament and, with a 125 percent match from the Baptist Health Foundation, raised $43,219 for the medical/legal partnership. We are just getting started. Over five years, our goal is to raise $1 million for NFMLP that will be matched by $1.25 million from the Baptist Health Foundation to form an endowment to fund NFMLP in perpetuity. To that end, on Sunday, Mike Freed, former JBA president and Gunster shareholder, began the second edition of his six marathon runs in six days to raise funds for NFMLP. He will be accompanied on Freed to Run 2.0 by teams of runners, including state and federal judges, running full

marathons or participating in relay teams along the route from Tallahassee to Jacksonville. With the Baptist Health Foundation match, the inaugural Freed to Run raised more than $150,000 in 2017 and aims to more than double that figure this year. If you would like to show your support for NFMLP, and get a little exercise, sign up to be part of the final five kilometers of Freed to Run 2.0 on Friday. Runners will gather at 2:45 p.m. at the Jacksonville Farmers Market and accompany Freed on a leisurely run to the Duval County Court House. Find details and register at jaxlegalaid.org/freedtorun5k/ ASGHAR SYED IS A SHAREHOLDER WITH GUNSTER AND FOCUSES ON BUSINESS LITIGATION RELATING PRINCIPALLY TO EMPLOYMENT AND HEALTH CARE LAW.

DO BUSINESS WITH OUR SPONSORS DIAMOND

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Page 18 • Thursday, December 6, 2018

THE BAR BULLETIN

Jacksonville Daily Record

COMMENTARY

Business model changing for real estate professionals Is the trend to switch from transaction agent to single agent? BY JOHN MCE. MILLER & ERIN SULLIVAN JBA ENVIRONMENTAL & REAL PROPERTY LAW COMMITTEE

Buyers and sellers of homes and other real property regularly refer to Realtors as “my” agent in real estate transactions. Most buyers and sellers are under the impression that their chosen agent is acting solely on their behalf. The parties believe that their information and negotiations are privileged and that agreements are made with only their best interest at heart. Despite the legal requirement for a real estate agent to disclose their type of agency, many do not. And those Realtors that do disclose often do not understand the types of agency well enough to explain the differences to their customer. This lack of information and misunderstanding can lead to serious legal issues. Consumers may be left feeling confused and unrepresented. They are left wondering, “Who is in my corner?… Who works for me?” And most importantly, “Why am I paying you?”

Because of this uncertainty, buyers often lean toward sources like Zillow to find their future home. Sellers are opting to sell their homes on their own. This has created a crisis of confidence for buyers and sellers and has a great negative impact on real estate agents. Realtors must adapt to the changing climate of a more independent clientele and find ways to best serve their customers. A qualified real property lawyer is indispensable to the team. The question becomes: Transaction broker? Or single agent broker? A transaction broker as defined by Florida Statute 475.278 is an agent who provides a limited form of representation to a buyer, a seller, or both in a real estate transaction, but who does not represent either in a fiduciary capacity or as a single agent. While transaction brokers must deal honestly and fairly, accounting for all funds, and use skill, care and diligence in the transaction, they are somewhat bound by terms of limited confidentiality. While a transaction broker is required to disclose all known facts substantially affecting the value of the property, they are not required to disclose known facts regarding either parties’ terms of negotiation.

Florida Statute states: The limited confidentiality, unless waived in writing, will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying a property, that a seller or buyer will agree to financing terms other than those offered, or any other information requested by a party to remain confidential. It is important for a consumer to be aware that in a real estate transaction using a transaction broker, the buyer or seller gives up their rights to the undivided loyalty of a licensee. Conversely, a consumer working with a single agent broker is entitled to undivided loyalty. A single agent also must deal

honestly and fairly, account for all funds and use skill, care and diligence in the transaction, but they are not bound to confidentiality restraints. An agent who acts in a single agent capacity clearly has a fiduciary responsibility to the customer, also known as the principal. The extra layer of responsibility and loyalty owed to the customer requires the single agent to disclose all facts and knowledge regarding a particular transaction. The single agent is required to make decisions solely in the best interest of their client, even to the detriment of the transaction. The single agent broker has an ethical and legal obligation to their client. An excellent alternative is available to consumers. Real estate transactions

Miller

Sullivan

may be the largest purchases and sales in a person’s life. An attorney trained in real property law, when retained, owe a single, privileged, fiduciary duty to their client. Often, an attorney can save large amounts of money for a client as well as ensure that the title and transaction are consummated flawlessly. JOHN MCE. MILLER AND ERIN SULLIVAN ARE ATTORNEYS WITH ROCK SOLID LAW, A FULLSERVICE BUSINESS LAW FIRM.

Real estate transactions may be the largest purchases and sales in a person’s life. An attorney trained in real property law, when retained, owe a single, privileged, fiduciary duty to his or her client.

COMMENTARY

Changes proposed to county court jurisdictional limits

RYAN MITTAUER JBA COMMERCIAL LITIGATION COMMITTEE VICE CHAIR

The current $15,000 jurisdictional limit was established in 1992. Legislation that was considered in the Florida House and Senate would have brought significant changes to the civil

court system by shifting thousands of cases to the county courts. Although the proposed legislation failed during the last legislative session, the issues and concerns raised are likely to persist for future bills proposing changes to jurisdictional limits. Currently, the monetary jurisdictional limit for Florida’s county civil courts is $15,000. Since 1980, the Legislature has adjusted county courts’ limit three times. Most recently, in 1992, the Legislature increased the limit from $10,000 to $15,000. Adjusted for inflation, the $15,000 jurisdictional limit established in 1992 would be more than $27,000 today. Florida House Bill 7061 was the most recent attempt to modify Florida’s jurisdictional

limits and would have increased the jurisdictional monetary limit for claims in county civil courts from $15,000 to $50,000. The initial bill was passed by the House on March 5. The Senate later amended the bill to reduce the proposed jurisdictional limit from $50,000 to $25,000. The Senate further amended the bill to require appeals on county judgments above $15,000 to be sent directly to the applicable district court of appeal rather than the traditional circuit court panel of judges. The amended bill returned to the House, which later passed a second version of the bill readopting the $50,000 limit. Ultimately, the Senate did not vote on the revised bill before the close of the 2018 legislative session. Increasing the jurisdictional

limits for county courts likely would reduce the circuit civil court caseload, as smaller commercial disputes and debt collection cases would be shifted to lower courts. According to the Revenue Estimating Conference of the Office of Economic & Demographic Research, an increase in Florida’s county court jurisdictional limit to $50,000 would result in as many as 25,000 cases being shifted to lower courts in the first year alone. However, critics of HB 7061 raised concerns with the likelihood of more cases returning to the circuit courts on appeal. With few exceptions, most decisions from county courts currently proceed on appeal to appellate panels of one to three circuit court judges. Further, critics argue circuit courts

are not equipped to handle an increase in appeals. Unlike judges sitting on the district court of appeals, many circuit judges do not have law clerks or other resources to handle a significant increase in appellate litigation. Finally, opponents point to inconsistencies in the appellate procedures throughout Florida’s circuit courts as well as the less predictable body of circuit court appellate decisions as compared to the district courts of appeal. Currently, it is unknown whether any proposals will be introduced during the 2019 legislative session to modify Florida’s jurisdictional limits. RYAN MITTAUER IS AN ATTORNEY WITH LILES GAVIN P.A. FOCUSING ON BUSINESS AND COMMERCIAL LITIGATION.

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, December 6, 2018 • Page 19

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The Jacksonville Bar Association’s annual Bench & Bar Holiday Party begins at 5:30 p.m. Dec. 19 in the lobby at Wells Fargo Center. Considered by many to be the highlight of the season, it’s an opportunity for members and their guests to mingle with county, state and federal judges over cocktails and hors d’oeuvres. Admission is free for JBA members, $30 for members’ guests. RSVP at jaxbar.org.

Dearing: Hurricane victims need legal help CONTINUED FROM PAGE 1

sion President Christian George reported the YLD is seeking volunteers to staff The Florida Bar’s Disaster Relief Hotline in the aftermath of the hurricane. Volunteers provide basic legal services for low-income people in non-fee generating cases, such as landlord/tenant and other housing problems, consumer protection matters and home repair contracts. The most pressing need is for volunteers to return calls placed to the YLD’s toll-free hotline or at FEMA centers. The YLD will provide volunteers assistance with basic subject matter questions and has arranged for law students to provide free research to volunteering lawyers.

More information is available on the YLD website (https:// flayld.org/get-involved/disaster-relief-fema-hotline). Contact Christian George at Christian.george@akerman.com if you are available to volunteer. JBA HOLIDAY PROJECT

Another way you can help people in need this holiday season is through participation in the JBA Holiday Project. Each year the association partners with Aging True and Meals on Wheels to provide local shut-in seniors with holiday cheer. Most ask for small household items like slippers, pajamas, heaters or snacks. Many attorney sponsors choose to personally deliver their gifts and spend time with their senior. I have participated in this

project for many years and have taken friends or, more recently, my family, to spread a little holiday cheer. If that’s not your cup of tea, but still want to help, officers from the Jacksonville Sheriff’s Office volunteer to deliver many of the gifts. This year we have 251 seniors participating, but we do not yet have enough lawyer sponsors to match everyone with a senior. If you are interested in sponsoring a senior for the holidays, contact the Jacksonville Bar office to volunteer. Lawyers are fortunate and we often have an urge to give to others less fortunate than us, particularly during the holidays. Through these programs, we show our appreciation for all that we have and our commit-

ment to helping our community. Whether you participate in these opportunities or you support different organizations, be as generous as you can. JBA BENCH AND BAR HOLIDAY PARTY

On another note, the JBA Bench and Bar holiday party is Dec. 19 at Wells Fargo Center. This is a signature event with good food and drinks. I hope you will take time from your busy schedule and join us as we celebrate the holiday season together.

JUDGES RETIRING

Finally, I would be remiss in this season of giving thanks if I didn’t say thank you to the six judges in the 4th Circuit retiring at the end of this month: Judges Brent Shore,

Sharon Tanner, Hugh Carithers, Peter Dearing, Robert Foster and Elizabeth Senterfitt. Each of these judges was an accomplished and successful lawyer before joining the bench and each embodies the qualities of a good judge — intelligence, integrity, fairness, impartiality and ethics. They demonstrated leadership in both civic and professional organizations, including the JBA, and each leaves an indelible mark on our profession and our judiciary. We owe them a debt of gratitude for their service to the Bar and to the public. KATIE DEARING IS PRESIDENT OF THE JBA BOARD AND JUDGEELECT FOR THE 4TH JUDICIAL CIRCUIT.

Hyde: Practicing gratitude can reduce stress CONTINUED FROM PAGE 1

vidual receives and a readiness to show appreciation for and to return happiness. With gratitude, people acknowledge the goodness in their lives while recognizing that the source of that goodness lies, at least partially, outside themselves. A byproduct of extending appreciation is a feeling of happiness. Expressing gratitude is one way to lift your spirits during a time of year that, along with Santa, often comes gift-wrapped with stress, melancholy, anxiety or depression. Colby Itkowitz authored a great article for The Washington Post several years ago discussing gratitude’s impact on the mind, body and spirit.

She wrote, “On most days, gratitude manifests as an emotional reaction to a favorable event or outcome. “But it also can be a way of life. People who consciously choose daily to seek out things in their lives to be thankful for are, research has shown, happier and healthier.” Studies conducted at the University of Miami, Harvard University and the University of California Davis, back up her statement. Robert Emmons is a leading researcher in the field of “positive psychology.” He has found that people who adopt an “attitude of gratitude” as a more permanent state of mind tend to experience health benefits including exercising more regularly, eating a healthier

diet, coping better with stress and daily challenges, improved mental alertness and stronger immune systems. Regularly practicing gratitude also leads to increased selfesteem, decreased feelings of envy and isolation, deeper personal relationships and a more optimistic outlook on life. A University of Pennsylvania study of gratitude required participants to write and personally deliver a thank you note to someone who was never properly thanked for their kindness. Those writing the letter immediately exhibited an increase in their baseline happiness score, the benefits of which lasted up to a month. Researchers suggest that consistently writing thank you notes, praying, counting your

blessings, meditating or keeping a weekly gratitude journal are excellent ways to begin cultivating an attitude of gratitude. This is the perfect time of year to begin incorporating giving thanks into our daily routine. Adopting an attitude of gratitude can not only alleviate the stress associated with the most wonderful time of the year, but can lead to long-term social, emotional, personal and health benefits. Even if your 2018 book has pages where it hurts to look, and we have all had those years (2013 was a real doozy for me), we all can be thankful for someone or something. Adopting an “attitude of gratitude” is one way to lift your holiday spirits while also making someone feel appreciated.

Hand deliver a thank you note to someone. Call (don’t text) a friend you have not spoken to in a while. Thank a work colleague for assisting you around the office. Say “thank you” to someone in your family who has helped you out in some capacity this year. When we stop and think of all the goodness in our lives, we realize how much we have. Why limit thankfulness to the fourth Thursday in November? Give someone the gift of gratitude and turn your holiday frown upside down. RYAN HYDE IS AN ASSOCIATE WITH THAMES, MARKEY & HEEKIN FOCUSING ON BUSINESS AND BANKRUPTCY LITIGATION.

Regularly practicing gratitude also leads to increased self-esteem, decreased feelings of envy and isolation, deeper personal relationships and a more optimistic outlook on life.

Page 20 â€˘ Thursday, December 6, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

When medicine alone is not enough. Is there a lawyer in the house?

Through the Northeast Florida Medical Legal Parntership, lawyers help pediatric patients and their families overcome legal and economic barriers to child wellness.

Jacksonville Area Legal Aid would like to thank all those who have supported the Northeast Florida Medical Legal Partnership, especially Baptist Health for its generous 125% match of all donations to the endowment. You can still make a tax-deductibe donation at

w w w. j a x l e g a l a i d . o r g / e n d o w m e n t /