THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
The Benefits of CONSERVATION 20/20
Land Stewardship for SWFL
CONSERVATION RUNS IN THE FAMILY Cleaning Up the Everglades
ALSO INSIDE: Florida’s New Tort Reform Laws
JULY 2023
randall l. spivey randall l spivey EXPERIENCED SPECIALIST TO REFER PERSONAL INJURY CASES SpiveyLaw.com 239.337.7483 Main Office 13400 Parker Commons Blvd Fort Myers, FL 33912 Serving ALL of Florida • Maximum Referral Fees Paid • More than 28 years of experience with numerous jury trials throughout Florida Randall L. Spivey: Board Certified by The Florida Bar as a specialist in Civil Trial law (2001 – present) Rated AV Preeminent by Martindale Hubbell Selected to Florida Super Lawyers Client Distinction Award and Gold Client Champion by Martindale Hubbell
4 LEEBAR.ORG Aloia, Roland, Lubell & Morgan, PLLC 43 Barbara Pizzolato 33 Boy, Agnew, Potanovic, Miller 11 Brazzeal Mediation 11 Business Observer 21 Calvo & Calvo Attorneys at Law 36 Cheffy Passidomo 9 Christina Mehta, LLC Realtor 36 Dal Lago Law 38 DeMine Immigration Law Firm 27 Donna (Tisch) Lugar 21 Edison National Bank 44 First Presbyterian Church, EPC 27 Henderson, Franklin, Starnes & Holt, P.A. 26 Knott, Ebelini & Hart 21 Law Firm of Scott T. Moorey 39 Law Offices of Dennis L. Webb 13 Leonard P. Reina 27 McHale, P.A. 13 Men's Rights Law Firm 7 Musca Law Office, Inc. 3 Pavese Law 5 Perado Technologies 9 Priority Marketing 7 Roetzel & Andress 5 Roetzel & Andress 33 Senior Advocacy Group 9 Spivey Law Firm Personal Injury 2 Stockman Mediation 39 The North Law Firm, P.A. 20 Upchurch, Watson, White & Max 13 Wright Mediation 36 AD DIRECTORY 6 LETTER FROM PRESIDENT Join My Python Challenge Team! Spencer Cordell, Esq. 8 LETTER FROM EXECUTIVE DIRECTOR Gearing Up for 2024 Lauren Baugh 10 SPECIAL EVENTS CALENDAR 12 ETHICALLY SPEAKING 20th Circuit Local Professionalism Henry Lee Paul, Esq. 14 PRACTICE SECTION Land Use & Environmental Law Legislative Update 16 YOUNG LAWYERS DIVISION Florida’s New Tort Reform Law Joseph Coleman, Esq. 24 CONSERVATION RUNS IN THE FAMILY 26 WELCOME, NEW MEMBERS 28 LEGAL LENS Burritos with the Bench 30 THE DISH Deep Lagoon Seafood Lauren Baugh 34 COMMUNITY CONNECTION Local Conservation Organizations 37 THANK YOU, SPONSORS 38 100 CLUB 39 MEMBER SPOTLIGHT 5 Things You Don't Know About Me Jennifer L. Fisher 40 IN THE NEWS 42 SPONSOR SPOTLIGHT U.S. Legal Support JULY 2023 Conservation, Naturally Land Stewardship in SWFL Cover and Table of Contents images courtesy of Dennis Goodman Photography ON THE COVER 18
FAMILY DRAMA
Roetzel & Andress, LPA offers solutions for your most puzzling trust and estate matters. As a leading law firm located in Naples and Fort Myers, our attorneys regularly represent beneficiaries, fiduciaries and corporations in all aspects of estate and trust administrations. Then, if family drama ensues, Roetzel’s team of trust and estate litigators and appellate attorneys will be ready to protect your interests.
999 VANDERBILT BEACH ROAD SUITE 401 NAPLES, FL 34108
JULY 2023 5
| 239.213.3887 ACROSS
of assets
A
DOWN
ralaw.com
KEY CONTACT: JAMIE SCHWINGHAMER | JSCHWINGHAMER@RALAW.COM
3. Protective legal action 5. Process involving distribution
6.
leading law firm
1. Property held for good of beneficiary 2. City in Lee County 4. City in Collier County
t r u s t a o n a p l E s O Z o E b L a t e y m t r o f r s R T r i g i l i t 3 1 2 5 6 4
Join My Python Challenge Team!
The health of the environment in Southwest Florida is essential to our community. Our most important industry is tourism, and that tourism is directly tied to the health of our waterways, beaches and green spaces. It’s an important issue for all of us that live here, and we as attorneys cannot turn a blind eye to the threats that could hurt our environment.
I want to address a particular issue that affects all of South Florida: the invasive Burmese pythons that are spreading throughout our Everglades and pushing ever farther into our community green spaces. Most people are likely aware of the increasing problem, as this apex predator expands its range further and further, pushing north and west into Lee County.
Recent surveys have shown that the mammal population in the Everglades has been devastated. From small animals, such as raccoons and squirrels, to larger mammals such as whitetail deer, these pythons are eating their way through our wildlife. Even alligators are not safe from fully grown adult snakes.
I commend the efforts of wildlife officials, who continue to try to find new ways to hunt and remove these invasive snakes. But so far, they have been unable to halt the spread of the Burmese python. One of the projects sponsored by the State is the annual Python Challenge, a citizen roundup starting in early August. I have personally participated several times.
The Python Challenge does not catch enough snakes to make a major impact on their population, but it serves as much as an awareness campaign. Scientists are working on new ways to track and eliminate the invasive pythons, including hunting dogs and scout snakes with trackers attached. Hopefully, with enough effort, these snakes can be eliminated from our Florida streams and swamps.
This year, I am going to sponsor an LCBA team for the 2023 Python Challenge. Hopefully attorneys can show that we want to help! There are several experienced python hunters already members of LCBA. Please don’t hesitate to reach out to me if you would like to participate.
ADMINISTRATION
Executive Director
Lauren Baugh
LEE COUNTY BAR ASSOCIATION
Administrative Assistant
Mairelis Tamayo
EXECUTIVE COUNCIL
President
Spencer Cordell, Esq.
Vice President
Hon. Kathy Smith
YLD President
Casey Gartland, Esq.
BOARD MEMBERS
John Dommerich, Jr., Esq.
Diana “Dawn” Maselli, Esq.
Travis Russell, Esq.
Douglas Szabo, Esq.
COMMITTEE CHAIRS
Bench-Bar Gala
Diana “Dawn” Maselli, Esq.
Diversity and Inclusion
Ita Neymotin, Esq.
Health and Wellness
Hon. Kimberly Davis Bocelli
John Miller III, Esq.
History
Jenna Persons-Mulicka, Esq.
E. Bruce Strayhorn, Esq.
Law-Related Education
T. Terry Rankin, Esq.
Law Week
Hon. John Carlin
PRACTICE SECTION CHAIRS
Alternative Dispute Resolution
Anne Dalton, Esq.
Alexandra Kleinfeldt, Esq.
Appellate Law
Alex Brockmeyer, Esq.
Corporate Law
TBA
Criminal Law
Kathleen Fitzgeorge, Esq.
Agnieszka Osowicka, Esq.
Elder Law
Blake Hampton, Esq.
Amy McGarry, Esq.
Family Law
Kayla Richmond Miller, Esq.
Danielle Seitz, Esq.
General Civil and Business
Litigation
Carlos Kelly, Esq.
President Emeritus
Tiffany Pereira, Esq.
Secretary
Jerry Olivo, Esq.
Treasurer
John Miller, III, Esq.
JUDICIAL LIAISONS
Hon. Robert Branning
Hon. Devin George
LCBA Foundation Charity Golf Tournament
Kenneth Jones, Esq.
Shannon Puopolo, Esq.
Mock Trial
Eunice Gedeon, Esq.
Shaina Zuppke, Esq.
Paralegal
TBA
Pro Bono
Andrew Banyai, Esq.
Peter Dennis, Esq.
Immigration law
Nirupa Netram, Esq.
Intellectual Property Law
Holly McFall, Esq.
Mark Nieds, Esq.
Land Use and Governmental Law
Sarah Spector, Esq.
Real Property, Probate and Trust Law
Kenneth Kemp, Esq.
Peter Knize, J.D., L.L.M.
Robin Merriman II, Esq.
Solo & Small Firm
Jarred Duke, Esq.
Robin Merriman II, Esq.
John Webb, Esq.
Tort Litigation
Diana Castrillon, Esq.
Diana “Dawn” Maselli, Esq.
6 LEEBAR.ORG PRESIDENT'S LETTER
Spencer Cordell, Esq. spencercordell@hotmail.com 239.333.4686
JULY 2023 7 Over the course of 30 years, Priority Marketing has grown to become Southwest Florida’s largest marketing agency offering the most comprehensive and award-winning marketing, advertising and public relations services. Yet, what really sets the agency apart is our proven reputation and passionate commitment to achieving outstanding results on behalf of our clients. Today, our team of more than 50 savvy creatives and mastermind strategists take great pride in delivering the full scope of marketing solutions to propel businesses and organizations to reach new heights. When it comes to Are you ready to raise the bar for your brand? Contact Us! PriorityMarketing.com We set the Marketing, Bar Divorce • Custody • Child Support • Appeals MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003 We work to ensure that your legal interests are competently presented throughout your family law matter. Free Telephone Consultation. Practicing in Lee, Collier, and Charlotte Counties. 239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904
Gearing Up for 2024
July is here and it is hot! Summer is upon us, our kids are out of school and traffic is seemingly lighter to and from the office. That is typically a welcomed change from the rest of the year. Each month as I write these, I think to myself, “Man time has gone by so fast.” I cannot be the only one who thinks the last few years have just flown by?
Last month, a few of us attended the Florida Bar Annual Convention. As always, it was a great time, what with the many CLE programs, social events and, of course, the swearing in of the newest president of The Florida Bar and Florida Bar Young Lawyers Division! It is always exciting to hear about new initiatives that will be taking place in their respective year.
In the month of July, the Florida Bar Voluntary Bar Leaders Conference takes place, and it is a BLAST! If you are interested in leadership in the LCBA, I would highly recommend attending and getting involved in the committee. Each year it is so fun, and this year is sure to be just as enjoyable – or more!
Speaking of fun, we are jumping into high gear with the LCBA Bench Bar Gala planning and coordinating. This year, it will be held on Nov. 11 at The Westin!
If you are interested in getting in on the sponsorship levels, which I highly recommend, please reach out to me and I will gladly go over the options with you. It is
sure to be one you will remember forever.
We are also starting to plan the 2024 calendar year. If you have any ideas on any events, CLEs, socials and related programming, please reach out. Let’s see if we can make it happen! Feedback is always welcome.
Cheers to summer, and to the month slowing down enough for us all to enjoy it. Remember to check out the website for all the current and upcoming events, so you do not miss anything!
IMAGE: Judge Gagliardi, Justice Couriel and Judge George Candid
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
STAFF
Publisher
Teri Hansen, APR
Advertising Account Executive
Elise Rose Editor
Sarah Nadal
Associate Editor
Kathy Becker
Alan Zagier
Creative/Art Director
Christi Finger
Graphic Designer
Lynsey Gill
Contributing Writers
Lauren Baugh
Spencer Cordell, Esq.
Joseph Coleman, Esq.
Henry Lee Paul, Esq.
Contributing Photographers
Dennis Goodman Photography
Jim Jett Photography
Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to rgeditorial@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.
We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by writers and advertisers are not necessarily opinions shared by LCBA, Res Gestae or Priority Marketing.
Copyright©2023 Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact Lee County Bar Association at info@leebar org.
12140
239.267.2638 | prioritymarketing.com | info@prioritymarketing.com
8 LEEBAR.ORG EXECUTIVE DIRECTOR'S LETTER
Lauren Baugh,
LBaugh@LeeBar.org | 239.334.0047 Ext. 102
Executive Director
Carissa Commerce Ct., Ste. 201 | Fort Myers, FL 33966
IT Consulting For Your Law Firm
Perado Technologies exists to improve the business processes of law firms. Technology is the facilitator and the accelerator to get you to the law practice you envision. Hurricanes and other natural disasters will happen. Get IT ready to ensure business continuity for your firm and your clients. We can help you with a plan.
We offer consulting on:
• Disaster data preparedness and recovery
• Cloud and Hybrid Servers
• Dual Authentication and Security
• Single Sign-On for Multiple Applications
• Password Management
• Network and Workstation Administration
• Managed IT Solutions
• Automation
• App and platform integration
If you have IT questions, we have the answers.
JULY 2023 9
4461 Camino Real Way Fort Myers, FL 33966 (239) 689-7799 | Tel (866) 580 0080 | Toll-Free peradotech.com
Ask us about our Smart Intake & Lead Capture (SILC™) service! Protecting the well-being, safety and independence of Florida’s seniors 2390 Tamiami Trail North, Suite 202, Naples, FL 34103 I 239-206-1203 Fiduciary Services Power of Attorney I Healthcare Surrogate Independent Trustee I Professional Guardian Personal Representative I Curator Life Care Management Healthcare Planning I Insurance Management Transition Assistance I Care Coordination Bill Pay I Exploitation Prevention www.senioragroup.com www.trustnaples.com
SAVE THE DATE
SPECIAL EVENTS CALENDAR
As you plan ahead for 2023, here is a brief list of special LCBA events to note for your calendar. All dates are subject to change and any updates will be posted on LeeBar.org.
JULY 2023
4 Independence Day - LCBA and courts closed
7 LCBA RPPTL Section Virtual Brown Bag
Time: 12 p.m. to 1 p.m.
Location: Microsoft Teams
Speaker: Read Sawcyzn, Esq.
Topic: Investment Roundtable
Cost: FREE
AUGUST 2023
4 YLD Junk Food with Judges
*Judiciary and YLD ONLY
Time: 12 p.m. to 1 p.m.
Location: Lee County Justice Center, 2B
Cost: FREE
10 Baseball with The Bar
Time: 7 p.m. to 9 p.m.
Location: Hammond Stadium
Cost: $25
SEPTEMBER 2023
7 Labor Day - LCBA and courts closed
25 Yom Kippur - LCBA and courts closed
OCTOBER 2023
20 Pro Bono Awards Luncheon
NOVEMBER 2023
10 Veterans Day - LCBA and courts closed
11 Bench Bar Gala at The Westin
23-24 LCBA and courts closed
DECEMBER 2023
1 YLD Holiday Fiesta
7 LCBA Annual Holiday
22 LCBA and courts closed
10 LEEBAR.ORG
Board Certified in Civil Trial Law by The Florida Bar
Represented Plaintiffs and Defendants
Former Plaintiff-side Personal Injury Attorney
Former Medical Malpractice Defense Attorney
Southwest Florida Resident Since 2005
Office in Collier County, Florida
JULY 2023 11 ( 2 3 9 ) 8 2 1 - 0 0 6 9 B r a z z e a l M e d i a t i o n . c o m S c h e d u l e O n l i n e Chad T.
, Esquire Chad@BrazzealMediation com M e d i a t i o n . A r b i t r a t i o n . V i r t u a l o r I n - P e r s o n .
Brazzeal
By Henry Lee Paul, Esq.
20th Circuit Local Professionalism
Panel Report Summary
counsel could come to the conclusion that the written comments were insulting and unprofessional. The lawyer acknowledged that he had been annoyed when he sent the response.
The 20th Circuit Local Professionalism Panel (LPP) reviews complaints regarding lack of professionalism in accordance with In re Code for Resolving Professionalism Complaints 116 So. 3d 280 (Fla. 2013) (Code), and 20th Circuit Administrative order 2.20. The LPP relies on the Standards of Professionalism identified in the Code as well as the Standards of Professional Courtesy and Conduct for Lawyers Practicing in the Twentieth Judicial Circuit.
The LPP process is not a disciplinary proceeding, but is instead a mentoring process that is intended to help attorneys stay on the path of professionalism. Upon a determination that a lawyer has not acted in a professional manner, the LPP may provide the participants a letter regarding the conduct at issue and possibly other mentoring. In an effort to further educate lawyers practicing in the 20th Circuit about professionalism, the local bar associations of each county have agreed to publish redacted summaries of selected cases. The following is one such summary.
The lawyer was alleged to have been unprofessional to opposing counsel in litigation when an email was sent which stated, “It’s amazing [redacted] how you can so distort my actual words. A person of reasonable intelligence can understand the difference between what I said and your interpretation of what I said.”
In response the lawyer acknowledged that, in retrospect, he could recognize that opposing
The LPP found that the communication violated the following portions of the 20th Circuit Standards: Standard IV (A) (1) (Attorneys should refrain from criticizing or denigrating the court, opposing counsel, parties or witnesses), Standard IV (A) (2) (Attorneys should be, and impress upon their clients and witnesses to be, courteous and respectful. No one should be rude or disruptive with the court, opposing counsel, parties or witnesses). Standard IV (D) (1) (Attorneys should at all times be civil and courteous in communicating with adversaries…). Standard (K) (1) (Attorneys should always deal with parties, counsel, witnesses, jurors or prospective jurors, court personnel and the judge with courtesy and civility and avoid undignified or discourteous conduct).
The informal mentoring and educational function of the LPP was successful in this case. The lawyer reached out to opposing counsel to apologize for the communication and to attempt to move forward in a more collegial manner. Furthermore, the lawyer promised to “strive toward better communication with fellow lawyers in the community.”
This case is yet another example of the adage of “think before you send.” Much unprofessional conduct might be avoided if lawyers take some time before responding while annoyed. Acknowledging and apologizing for unprofessional conduct can foster collegiality and professionalism among members of our bar. We all make mistakes, especially during the stress of litigation. How we deal with mistakes made is often what determines professionalism.
Local Professionalism Panel Report Summaries will appear in the Ethically Speaking column with thanks to Res Gestae and the Lee County Bar Association. This summary was provided with authorization of the 20th Circuit LPP and the 20th Circuit Professionalism Committee.
12 LEEBAR.ORG ETHICALLY SPEAKING
Henry Lee Paul, Esq. is a former Bar Counsel who now represents lawyers in all matters before the Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
is proud to announce Mark A. Haskins has joined its panel of neutrals.
» Working Florida Supreme Court Certified Circuit Civil Mediator for over 5 years.
» Civil litigator representing both plaintiff and defense counsel on Florida’s Southwest Gulf Coast in areas such as personal injury, complex medical malpractice, catastrophic injury, wrongful death, premises liability and commercial cases — for more than 32 years.
Mark A. Haskins
mhaskins@uww-adr.com
» Rated AV Preeminent by MartindaleHubbell.
MEDIATION | ARBITRATION | E-DISCOVERY | SPECIAL MASTERS CALL TOLL FREE: 800-264-2622
READ MORE & SCHEDULE: WWW.UWW-ADR.COM
linkedin.com/company/upchurch-watson-white-&-max @UWWMmediation
Upchurch Watson White & Max MEDIATION GROUP
JULY 2023 13
LEGISLATIVE UPDATE:
Incentives to Build Affordable Workforce Housing Anchor New State Law
A new state law that goes into effect July 1, signed by Gov. Ron DeSantis in Naples, represents the largest public investment in affordable housing in the state’s history. The Live Local Act (Senate Bill 102) provides $711 million for a number of incentives to developers, as well as new stipulations on local governments.
The new law has won praise from affordable housing advocates and policymakers alike.
Michele Hylton-Terry, executive director of the Fort Myers Community Redevelopment Agency (CRA), called the Live Local Act a critical piece of the puzzle. “It’s an additional tool that we can use to help bridge the affordable housing gap here in Lee County,” she said.
Hylton-Terry expects that the Fort Myers CRA’s local tax incentives through Tax Increment Financing will continue to drive most local projects. Still, she’s eager to see how the new plan further
incentivizes homebuilders to look beyond just their bottom lines.
Hylton-Terry, who succeeded longtime Fort Myers redevelopment head Don Paight, the agency’s founding executive director, also anticipates that the new state investment will spur further innovation, as well as a more systematic approach to not just creating affordable housing, but also the good-paying jobs that help pay rent and mortgage in those affordable housing units.
“As a CRA, we typically invest in physical buildings and infrastructure,” she said. “We need to look at the human infrastructure, and how to invest in people. It’s all tied together.”
Those investments — in both buildings and people — are now poised to grow significantly under a multifaceted new law with fine print that stretches beyond 100 pages. Highlights can be found on the opposite page, with additional details available at www.floridahousing.org/live-local-act.
14 LEEBAR.ORG PRACTICE SECTION Land Use & Governmental Law
The $711 million in total funding includes $252 million to State Housing Initiatives Partnership (SHIP) and $259 million to State Apartment Incentive Loan (SAIL), with an additional $150 million annually to SAIL over the next decade.
Veterans Housing
Expands the Hometown Heroes Program with an additional $100 million appropriation while increasing maximum loan amount from $25,000 to $35,000. It also broadens eligibility from career-based assistance to income-based down payment assistance.
Zoning Preemption
Prevents a local government from regulating the use, density or height of an affordable housing development if a proposed rental project is multifamily or mixed-use residential and located in any area zoned for commercial, industrial or mixed use. A local government cannot require an authorized development to obtain a zoning/land use change, special exception, conditional use approval, variance or comprehensive plan amendment for use, density or height. Provides for an expedited approval process, giving developers more tools to build mixed-use projects.
Property Tax Exemptions
Allows counties and municipalities to offer a property tax exemption to property owners who dedicate units for affordable housing for extremely low-income people, very low-income people, or both. Further, property tax exemptions are now available for land owned by a nonprofit leased for at least 99 years as affordable housing for extremely low to moderate-income people.
Rent Control
Removes provisions that allowed local governments to impose rent control under certain limited circumstances.
Advertising Affordable-Housing Land
Requires local governments to publish online their inventory of local government-owned property that may be suitable for affordable housing development..
Private-Sector Investment
Encourages private investment in affordable housing through a new corporate tax donation program. Businesses can contribute to SAIL instead of paying portions of corporate and insurance premium taxes, up to $100 million a year. It also provides a small refund on sales taxes for building materials used by developments financed through the Florida Housing Finance Corporation and provides additional gap financing to workforce housing programs that may face construction hardships.
Missing Middle Exemption
Creates a new “Missing Middle” property tax exemption for new or recently rehabilitated developments that set aside at least 70 current market rate units into affordable units.
JULY 2023 15
?
$
Funding
$ ?
$ ?
$ ? $ ?
$ ?
$ ?
$
?
By Joseph Coleman, Esq.
What Florida’s NEW TORT REFORM LAW Means For You
On Friday, March 24, Florida Governor Ron DeSantis signed into law House Bill (HB) 837, Civil Remedies. Unlike many other laws recently passed by the Florida legislature, Florida’s new tort reform law went into immediate effect when the Governor signed it into law.
HB 837 made sweeping changes to the pre-existing legal landscape, especially in the areas of personal injury, bad faith and negligence. This article serves to summarize these important changes and what they can mean for you and your clients.
Negligence
Prior to the new tort reform law, under §95.11, Fla. Stat. (2023), the statute of limitations for negligence claims was four years. With Florida’s new tort reform law, the Florida legislature cut the statute of limitations in half for negligence claims, changing it from four years to two years, in Florida Statute Section 95.11(4)(a). However, the statute of limitations change only applies to negligence claims which accrue after March 24, 2023.
Additionally, Florida’s revised tort reform law changed Florida’s comparative negligence standard. Under Florida’s 1986 Tort Reform and Insurance Act, Florida became a “pure comparative negligence jurisdiction” and abolished joint and several liability in most negligence cases. Under Florida’s previous pure comparative negligence standard, the jury would apportion fault to each respective party, including the plaintiff if the plaintiff was negligent, and then the court would enter judgment against each party based upon their apportioned fault. Importantly, even if the plaintiff was found more than 50 percent at fault for their damages, each defendant would still be liable for their apportioned fault.
Now, however, by amending Florida Statute Section 768.81, Florida changed its comparative negligence standard from a “pure comparative
negligence” standard to a “modified comparative negligence” standard. Under the new “modified comparative negligence standard,” if the plaintiff is found to be more than 51 percent liable for their own damages, the plaintiff will not recover anything from the defendants. That’s even if the defendants, either individually or collectively, are 49 percent at fault for the plaintiff’s damages. This change is expected to largely curtail cases where the plaintiff significantly contributed to their own damages.
Premises Liability Cases
Previously, if a criminal injured a plaintiff during the commission of a crime, and then the plaintiff sued the property owner or manager in a civil premises liability suit, the third party criminal’s fault could not be considered by the jury, because the third party criminal was an intentional tortfeasor who committed an intentional criminal act, rather than a negligent one. Previously, the third party’s intentional criminal conduct had no bearing on whether the property owner or manager was also negligent in failing to maintain, protect or secure the premises. Now, however, under Florida Statute Section 768.0701, the fact finder must allocate fault to all parties who contributed to the plaintiff’s injuries. This includes the criminal, even if they are a third party.
This, coupled with Florida’s newly modified comparative negligence standard, means that in many premises liability cases, the intentional tortfeasor (i.e. the criminal) will be the only person who can be held civilly liable for the plaintiff’s injuries, because if the factfinder finds the criminal more than 51 percent responsible for the plaintiff’s injuries, then the defendant property owner or holder will not be liable to the plaintiff at all.
Further, Florida Statute Section 768.0706 creates a rebuttable presumption against negligent security liability for the owner/operator of “multifamily
16 LEEBAR.ORG
YOUNG LAWYERS DIVISION
Joseph Coleman is a Florida Bar Board Certified Business Litigation Attorney. He currently practices commercial litigation and intellectual property litigation at his firm, Coleman Litigation. Joey is also currently President Elect of the Young Lawyer's Section of the Lee County Bar Association.
residential property,” if the owner/operator implements certain safety and security measures. If you are a practitioner who represents multifamily residential property owners or operators, you may want to review Florida Statute Section 786.0706 with your clients to ensure they have properly complied with the statute.
Damages for Medical Expenses
Under Florida Statute 768.0427, the new law restricts the evidence a plaintiff can use to try to prove past, present and future medical expenses. There can be a sizable difference between the healthcare provider’s initial invoice for medical expenses, and the amount the healthcare provider actually accepts for full payment later on. Previously, these initial invoices were admissible, and the plaintiff could try to use these invoices to prove their damages.
Under the new law, however, a plaintiff can only seek damages for medical expenses actually paid, necessary to satisfy charges not yet satisfied, and reasonable and necessary expenses to satisfy the cost of care in the future. Under certain circumstances, the new law also allows the parties to admit evidence of expenses paid to healthcare providers by private insurance, Medicare and Medicaid.
Letters of Protection and Referrals
A Letter of Protection means “any arrangement by which a health care provider renders treatment in exchange for a promise of payment for the claimant’s medical expenses from any judgement or settlement of a personal injury or wrongful death action,” per §768.0427(1)(d), Fla. Stat. (2023).
Under the new law, for a plaintiff to recover medical expenses incurred under a Letter of Protection, the plaintiff must: (i) disclose the agreement; (ii) produce an itemized bill for all medical expenses; (iii) identify any company who bought the plaintiff’s medical expenses as an account receivable; (iv) disclose the existence of any healthcare coverage at the time services were rendered; and (v) disclose any referrals made under the letter of protection. §768.0427(3), Fla. Stat. (2023).
Previously, a plaintiff would not have to disclose a relationship between plaintiff’s counsel and any referring physicians. These relationships were protected from disclosure by the attorney-client relationship. Under the new law, however, these referral relationships are no longer protected by the attorney-client privilege and must be disclosed.
Bad Faith Claims
Previously under Florida common law, if an insurer was merely negligent, the insured could not bring a bad faith claim against the insurer. That law remains good law, but it has now been codified into statute in §624.155(a), Fla. Stat. (2023). In addition, the insured has a duty to act in good faith when providing information, making demands, setting
deadlines and attempting to settle the claim with the insurer. However, this duty does not create a separate cause of action. The trier of fact may consider whether the insured acted in good faith. If not, the trier of fact may reasonably reduce the amount of damages awarded against the insurer.
Additionally, the new law creates a safe harbor period of 90 days, during which the insurer may tender coverage and avoid bad faith liability. However, if the insurer fails to tender coverage within those 90 days, the insured cannot use that failure as evidence of the insurer’s bad faith.
Attorneys’ Fees
Widely considered one of the law’s most significant changes, the new tort reform law changed attorney fee claims in insurance bad faith actions. Previously, Florida was known as a “one way” attorney fee jurisdiction for these types of claims. This meant that, if the insured prevailed in their bad faith claim against the insurer, the insured could be entitled to their attorneys’ fees. But, if the insurer successfully defended against the insured’s bad faith claim, the insurer was not entitled to collect its attorney’s fees from the insured.
By repealing Florida Statute Sections 627.428 and 626.9373 in their entirety, and creating a new statute, Florida Statute Section 86.121, Florida substantially narrowed the application of one-way prevailing insured attorneys’ fees claims. Insured one-way attorneys’ fees claims now only apply in declaratory relief actions where the parties seek to determine insurance coverage after the insurer totally denies the insured’s claim.
Further, the new law clarified that Florida’s offer of judgment statute, Florida Statute Section 768.79, applies in any civil action involving an insurance contract. Now, insureds may be significantly less likely to pursue litigation, because insureds run a new risk of having to pay their carrier’s attorney’s fees and costs if they lose.
Further, HB 837 changed when fee multipliers should be used when awarding attorney’s fees. Under Florida Statute Section 57.104(2), fee multipliers should only be considered “in rare and exceptional circumstances with evidence that competent counsel could not otherwise be retained,” per §57.104(2), Fla. Stat. (2023). Consequently, the use of multipliers will likely become a far rarer occurrence. This means practitioners may be far more wary of taking a contingency fee case, especially if they would otherwise be counting on a multiplier that is now far harder to substantiate.
In conclusion, HB 837 made several profound and sweeping changes to Florida law. The impacts of the law will likely be far reaching and are hard to quantify. Any lawyer practicing in civil litigation should review the new law and see how they can best assist their clients with these new changes.
JULY 2023 17
SEEING 20/20
The clear benefits of Conservation 20/20 land stewardship for Southwest Florida
In 1996, Lee County’s population was 374,395. In 2020, the U.S. Census Bureau’s total population for the county was 822,453. While people keep moving to Southwest Florida, nature is declining at rates faster than ever before in history, according to the Nature Conservancy. North America’s bird population has declined by nearly 30% since 1970. Worldwide, 40% of insects are declining and a third are endangered. Every 30 seconds, a football field’s worth of America’s natural areas are lost to development.
Fortunately, Lee County voters established Conservation 20/20 through referendum in 1996, allowing Lee County to purchase, preserve and manage environmentally sensitive areas for future generations.
“Lee County has always been a forward-thinking county,” said Lee County Commissioner Brian Hamman. “Voters identified in 1996 that there were pieces of our paradise they didn’t want to disappear. We were fast-growing then, but as the area has continues to grow, we can appreciate the preserves now even more.”
The idea is a good one. U.S. President Joe Biden launched America the Beautiful initiative in 2021 that seeks to
preserve 30% of lands and waters in the U.S. by 2030, calling the project 30 by 30.
The concept of Conservation 20/20 is simple: Use taxpayer funds to purchase land from property owners who are willing to sell for the benefit of people and wildlife. To date, the program has acquired 157 properties and 31,432 acres, creating 52 preserves.
Properties for purchase and management plans are recommended to the Lee Board of County Commissioners by a citizens’ advisory commission called the Conservation Lands Acquisition and Stewardship Advisory Committee.
“What’s different about this program rather than using policy regulations or zoning to protect land, is we can do it without infringing on property rights,” Hamman said. “We are able to balance growth while protecting the environment. That’s what this program is about.”
Protecting conservation areas is important for many reasons, including ensuring water supply and quality, flood prevention, and providing green space for wildlife and nature-based recreation and enjoyment.
SPECIAL FEATURE “
OUR AREA’S NATURAL PARADISE IS WHY SO MANY PEOPLE FLOCK TO LEE COUNTY, AND NOT JUST THE BEACH. THEY WANT TO CONNECT WITH NATURE.
COMMISSIONER HAMMAN
Some of the many benefits of the program include:
· Providing habitat for endangered and threatened animal species, including the Florida scrub-jay, gopher tortoise, Florida panther, West Indian manatee and eastern indigo snake. Rare plant species include the Florida butterfly orchid, Catesby’s lily and golden leather fern.
· Storing water during the rainy season, which also helps with surface water management that can help prevent flooding. Water that filters into the ground helps replenish groundwater aquifers for the county’s drinking water supply.
· Restored wetlands help clean the water that flows into water bodies like the Caloosahatchee River and the Gulf of Mexico.
Cost/Benefit Analysis
Purchases and management are funded by the county’s general fund through a countywide tax millage. The county projects about $5 million per year to cover the maintenance, operation and restoration for the next five years. While the program costs money, preserving greenspace and wetlands provides economic benefits. According to the The Trust for Public Land, market values of properties located near parks, preserves and open spaces are higher than those of comparable properties located elsewhere, which in turn means higher property taxes to fund other county programs. The Conservation Foundation says that preservation also helps avoid or mitigate future costs, including:
· Health impacts, such as degraded air quality and extreme heat
· Flood prevention/loss from flood damage
· Energy costs resulting from extreme temperatures
· Wildfires
· Increasingly severe storms
· Cost of treating drinking water
Additional economic benefits include the creation of jobs from recreation and tourism. The Conservation 20/20 program uses rangers, managers and parks and recreation employees from several county departments.
Management
To realize the benefits of preservation, the properties need to be responsibly managed. For preserves in Lee County, the focus is to restore and maintain these lands in their natural state, while enhancing hydrologic features and protecting water resources.
After property is acquired, the county staff creates management plants designed to preserve, protect and enhance the wildlife habitat and plants. Management can include restoration, exotic control, prescribed burns and native planting, and maintaining human enhancements, including trails, boardwalks, restrooms, paddle boat launches, picnic pavilions and parking areas.
Recreation
Residents and visitors can benefit from the program through recreational use, including hiking, kayaking and canoeing, horseback riding, fishing and wildlife observation. Free guided nature hikes and themed walks are hosted at various preserves throughout the year. Don’t forget the mental and physical health benefits of being outside!
“I think our area’s natural paradise is why so many people flock to Lee County, and not just with the beach,” said Hamman, who also serves on the county’s Tourism Development Council. “You can connect with nature. The first time I took my son fishing was at Yellow Fever Creek Preserve. Enhancing access gives people opportunities to stay in touch with nature.”
Residents can nominate property for consideration, as well as find information, reports and scheduled events at leegov.com/parks/conservation2020.
JULY 2023 19
For over 30 years, we have been representing clients in Accident and Injury cases. (239) 337-1191 TheNorthLawFirm.com 14241 Metro Parkway, Suite 200 | Fort Myers, FL 33912 Hurricane Property Damage Claims Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Negligent Security Cases Slip and Fall Accidents Settlements
Attorney Joe North Attorney Joseph North
LEGAL NOTICE ADVERTISING
Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk, Orange, Flagler and Volusia counties, or any combination of the 12.
The Business Observer offers:
• Electronic invoicing and E-filing capabilities
• Professional staff to quickly assist you
• Low competitive flat rates
• Qualified legal status
• All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost
To publish your legal notices, call Kristen: 941-906-9386, ext. 323
Email: kboothroyd@BusinessObserverFL.com
BusinessObserverFL.com
Florida’s Leading Business Publication
908+/- SF recently renovated second floor unit Ideal for small firm or branch office ◆ Flexible lease terms and conditions Historic downtown location (Old Robb & Stucky Building) ◆ Adjacent to city parking garage ◆ Short walk to courthouses, governmental offices, and restaurants Contact Lee Ann Harrington 239-334-2722 ◆
XNLV21572 JULY 2023 21
NOMINATION FORM
2024 - 2025 EXECUTIVE COUNCIL MEMBER-AT-LARGE
I, nominate the following LCBA member in good standing for the position of 2024 - 2025 Executive Council Member-at-Large.
Date:
Nominee's Name:
Law Firm:
Comments:
Please return this form to Lauren Baugh, LCBA Executive Director
Email: LBaugh@leebar.org
Mail: 2077 First Street, Suite 207 | Fort Myers, FL | 33901
Candidates' Nominations will be accepted until close of business day, Friday, September 15, 2023.
BALLOTS will be emailed by Monday, October 16, 2023.
VOTING CLOSES on Wednesday, November 15, 2023 at 5 p.m.
22 LEEBAR.ORG
JULY 2023 23
CONSERVATION RUNS IN THE FAMILY
CLEANING UP THE EVERGLADES - ONE PYTHON AT A TIME
Born and raised in Fort Myers, Matt Roepstorff, Esq. strongly believes in giving back to the community he calls home. When it comes to supporting conservation efforts to protect Florida’s natural environment, Matt and his family are more than willing to roll up their sleeves and get to work.
FEATURE ARTICLE
Matt Roepstorff grew up on Sanibel Island and graduated from Bishop Verot High School in Fort Myers. He began his legal career as an assistant state attorney for the 20th Judicial Circuit before entering private practice in 2015. He currently serves as counsel at Pratt & Whitney for the Commercial Engines division.
Passionate about protecting his community, meaningful volunteerism is Matt’s greatest focus outside of practicing law. He enjoys mentoring young people to be the best they can be. Additionally, he has served on the boards of many local organizations, including the Children’s Advocacy Center of Southwest Florida, the Uncommon Friends Foundation, Horizon Foundation Executive Committee, Lee County Building Industry Association, the Lee County Executive Regulatory Oversight Committee and Bishop Verot High School.
Matt is also committed to furthering the legal industry and has served in a variety of capacities for the Lee County Bar Association (LCBA), including as president in 2020, vice president in 2019, treasurer and 2017-18 member at large. As president, Matt played an important role in leading the LCBA in its efforts to support attorney members through the COVID pandemic. He adapted the association’s programming, publications and events to meet the legal needs of the community and provided updates on important legal matters during the challenging recovery period.
When making a difference in the region through conservation, not surprisingly, Matt takes a hands-on approach to cleaning up Florida’s wild places.
Committed to Conservation
Throughout the past decade, Matt has joined his parents, Geoff and Robbie Roepstorff, in supporting the humane removal of invasive Burmese pythons from the region. He even caught an 11-foot snake during a special expedition with his father!
It all started when the Florida Fish and Wildlife Conservation Commission (FWC) issued a Python Challenge in 2016, inviting hunters into the Everglades to track the invasive, mammalkilling predators. Everglades National Park has reported near decimation of marsh rabbits, a 99% decline in raccoons, 98% decline in opossums and 87% decline in bobcats.
The python problem in the Everglades is believed to have started after Hurricane Andrew damaged a private reptilebreeding facility in 1992, as well as from pet snakes released into the wild. Hunters began removing pythons in 2013, when the FWC issued its first python challenge. The upcoming 2023 python challenge is a partnership between the South Florida Water Management District and the FWC.
Edison National Bank and Bank of the Islands President Robbie Roepstorff was afraid her banking partner and husband Geoff, who is not fond of snakes and had only hunted them once unsuccessfully with friends, would tackle the Python Challenge alone. She reluctantly offered to go with him, telling him, “At least I can call 9-1-1.”
On the last day of the challenge, Geoff heard rustling and headed down a levy with his gun to see one of the snakes rising like a periscope, three feet out of the water. When Geoff couldn't shoot because his gun still had the safety on, Robbie feared the worst until she heard the gunshot that humanely dispatched the snake.
The couple carried the 12-foot, 50-pound python in a regular pillowcase for about six miles back to the car. It was the beginning of the Roepstorff’s family tradition of participating in FWC’s Python Challenges together.
During certain times of the year, it can take over 40 hours to catch a python. In the summer months, when mating season is over and hatchlings are out, it’s not unusual to catch multiple in one night. Geoff has caught as many as five in one summer evening!
The Roepstorffs catch pythons with their hands, grabbing the snakes by the tail or behind the head, dragging them out in the open to wear them out. Geoff hunts several times a month and has personally captured over 100 snakes to date. Matt joined in the action during a Father’s Day expedition in June 2018, catching an 11-footer in the Everglades with his future wife and fellow attorney, Mairin, by his side. The couple married in 2020, and Mairin has accompanied Matt on several subsequent trips. Robbie also joins in when she can.
Hunting pythons is an ongoing love affair. Although the Roepstorffs are not fond of snakes, Matt and his family have developed great respect for these non-native reptiles. The family feels that removing the invasive snakes is a fitting way to help the environment while honoring Matt’s late grandmothers, both of whom loved mammals.
Clearly, conservation and a love of Florida’s natural environment runs in the family!
JULY 2023 25
Secure Your Clients’ Legacy With Our Trust and Estate Planning Team. A FULL-SERVICE LAW FIRM SINCE 1924 *By appointment only ©2023 Henderson Franklin Starnes & Holt, P.A. Named one of the “ 2023 Best Law Firms”by U.S. News & World Report and Best Lawyers in America© Anthony J. Cetrangelo Naples Department Co-Chair James E. Kerr Bonita Springs Ernest H. Hatch Fort Myers Eric Gurgold Fort Myers Ronald A. Eisenberg Naples henlaw.com 239.344.1100 Fort Myers • Bonita Springs Naples • Sarasota* Where Tradition Meets the Future.® Amanda M. Dorio Naples C. Richard Mancini Bonita Springs Department Co-Chair WELCOME , Please join Lee County Bar Association in welcoming these newest additions to our membership rolls. NEW MEMBERS SUSAN AYERS, ESQ. ZinnLaw, PLLC BROOKE BLACKMAN, ESQ LHH LINDSAY COMPTON, ESQ. Light Path Law, P.A. IDANIA GOMEZ Law Student MATTHEW HEIDER, ESQ. Robert Harris Law Firm RUTH LADAS The Greatest Agent Financial Services TERRENCE LAVY, ESQ. Vernis & Bowling SWFL ANNE MIGLIORE, PARALEGAL Henderson, Franklin, Starnes & Holt, P.A. ROCHELLE PITTS, ESQ. Aloia, Roland, Lubell & Morgan, PLLC. JANET POKLEMBA, CP, FRP Cummings & Lockwood, LLC. RYAN POMPONIO, ESQ. State Attorney’s Office MICHAEL SABOL, ESQ. Michael A. Sabol, Attorney at Law BONNIE STANFORTH, FRP Bulloch Taylor 26 LEEBAR.ORG
JULY 2023 27 L PR ei n a . in fo 2 3 9. 26 3. 20 5 9 L PRe ina@L PRe i n a .c om E xp erience Makes the Mediator 4,000 mediations
AN UN-BURRITO-ABLE MIXER
WITH THE BENCH
In early June, the LCBA, YLD & Chief Judge Michael McHugh presented the 2nd Annual Burritos with the Bench event, held at the Lee County Justice Center. A crowd-favorite, the luncheon included catering by Tijuana Flats along with the opportunity for LBCA members to mingle with 20th Circuit and Lee County Judges.
28 LEEBAR.ORG
LEGAL LENS Burritos on the Bench
2 3 1 4
1. Judge Margaret Steinbeck, Judge Tara Paluck, Judge Lindsay Garza
2. Lauren Baugh, Judge Devin George, Magistrate Kimberly Bocelli
3. Magistrate Kimberly Bocelli, Judge Leigh Frizzell Hayes, Judge Michael McHugh, Judge Josephine Gagliardi
4. Lauren Baugh and Casey Gartland
5. Burritos with the Bench attendees
6. John Edwards, Raymond Powers, Dawn Maselli, Leland Garvin, Justin Barger
7. Eunice Linot, Judge Lindsay Garza, Judge Tara Paluck, Judge Devin George, Judge Cynthia Pivacek, Kati Cook
8. Spencer Cordell, Chief Judge Frank Porter, Judge Lisa Porter, Judge Geoffrey Gentille, David Crockett and Marc Krispinsky
JimJettPhoto.com
JULY 2023 29 5 6 7 8
By Lauren Baugh
Happiness Comes in Waves at
As you drive down McGregor, you have a multitude of places to choose from to dine and drink. Nestled right off of McGregor, adjacent to a marina, Deep Lagoon Seafood is a must-try spot. As you pull up, you are greeted by some very lovely boats, which are indeed for sale. They offer complimentary valet, which presents an opportunity to forego the parking lot war that could ensue at any restaurant, or store in any area.
As you walk in to ask for your table, you’ll find the seafood counter on your immediate left. If you are a seafood lover like me, then you will be taken aback at the absolutely stunning
selection of items they have right there on ice for you! When I see seafood on display like that, I know I am about to be served super fresh seafood – and that is always a good thing.
There is a really cool and unique bar, smack dab in the middle of the place, where you can sit and eat. Or, you can choose to eat indoors, on the patio, or right on the water. In the past, I have sat on the water, as it is very cool to see the boats next to you.
This time, I wanted a corner seat on the patio – still outside but a little more private. A friendly server greeted us and explained
30 LEEBAR.ORG THE DISH
Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.
a great deal they were offering: $30 off of a bottle of wine for each two entrees you order. They have many wines to choose from, including a $30 bottle of wine. BAM, free wine!
With the red wine order secured, we now had to choose our appetizer selection. It’s always hard because they have many delicious options, but we decided on the hush puppies and oysters. Because they have a such a wide variety of oysters, we asked for two of each type to compare. The Blue Point, Bon Secour and Wellfleet were my favorite. Each offered a unique buttery, nutty and briny taste to them.
Now I must say I have had their gator bites before, and as a gator meat connoisseur, these are top notch. They lightly bread and fry them to absolute perfection! We also tried the crab Rangoon. It featured blue crab, which elevated the dish.
The hush puppies were some of the best I have ever had. They were fried to perfection and so tasty. These creamy little nuggets of fried goodness with chunks of sweet corn brought on the nostalgia. It was reminiscent of the Thanksgiving casserole my mother makes, which made me smile. Most noteworthy about this dish is that it was served with honey butter. This is not a typical accoutrement to this appetizer, but it was the best decision they could have made. We gave this a ten out of ten and highly recommend this dish!
Now that we had already started to feel full, we wanted to go with a lighter dish than the
usual. Both opting for fish entrées, we went with the chili rub tripletail and the grouper Rockefeller. Based on the presentation, we knew that these dishes were going to taste great! Guess what? Yep, they were not at all disappointing.
The fresh tripletail was grilled to perfection with sweet chili and secret spices, accompanied by yellow saffron rice and an avocado salad. The combination felt very Caribbean in nature. Meanwhile, the grouper was served on a small bed of mashed potatoes and asparagus with a light hollandaise sauce. The combo was both tasty and comforting.
All of the dishes went very well with our wine, which was a cabernet sauvignon. The last time I went to this establishment, I split the chocolate cake with my daughter, Eden, and we could not finish it. It was truly amazing, but huge.
This time we decided to try another variety, and went with the pineapple upside down cake and the raspberry swirl cheesecake. While I love raspberry and cheesecake, I can get these anytime from Publix, so I was super excited to try my cake. The flavor packed into the little cake was beyond scrumptious. The menu states it is served warm and gooey, and that is indeed how it is served and I cannot ever have it any other way now.
Between the location, service, offerings and deals, this place gets two thumbs up! It is a great place for date night, family night or to bring friends, colleagues and clients!
JULY 2023 31
HOURS OF OPERATION Daily 11 a.m. to 10 p.m. 14040 McGregor Blvd. Fort Myers, FL 33919 (239) 689-5474 DeepLagoon.com WANT TO SEE YOUR RESTAURANT FEATURED HERE? Contact RGSales@ prioritymarketing.com.
32 LEEBAR.ORG
PIZZOLATOLAW.COM (239) 225-7911 8660 College Parkway. Suite 400 Fort Myers, FL 33919 Lawyer for Life Barbara M. Pizzolato, Esq. Over 30 years experience Licensed to practice in New York, New Jersey, Connecticut, and Florida Committed to establishing long -lasting relationships with her clients Offers personalized, customized legal services that clients expect and deserve Ready for referrals? Advertise in res gestae. Contact Elise Rose 239.267.2638 or RGSales@PriorityMarketing.com RES THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION RES GESTAE GRILLIN' AND CHILLIN Annual Bench Bar-B-Q & Shrimp Boil MEET LEE COUNTY’S LADIES IN LAW Celebrating Women in the Legal Industry MARCH 2023 JULY 2023 33
Conservationists by Nature
With its abundant natural beauty, Southwest Florida has long been a haven for naturalists and lovers of the outdoors. As our region’s natural wonders attract more residents and additional development, striking a balance between growth and preservation remains one of our community’s greatest ongoing challenges.
From academia to wildlife care to environmental advocacy, this month we spotlight three local organizations working at the forefront of conservation and land use management.
The Water School
The Water School at Florida Gulf Coast University takes an interdisciplinary approach to exploring water and environmental issues that affect our community, our state and the world. Tourism, growth, development, agriculture and recreation depend on healthy ecosystems and aquatic environments. That’s why Southwest Florida needs experts who can focus on key impact areas, study the problems from multiple perspectives, identify emerging issues, help find sustainable solutions and train nextgeneration experts to take the reins.
The comprehensive nature of The Water School allows FGCU to focus on areas critical to our water-driven world, such as
climate change, coastal resilience and ecosystem health, restoration and remediation. Its holistic approach focuses on the environmental sciences and draws in the social and health sciences, business and engineering.
With state-of-the-art research and learning facilities on campus and in the community, The Water School provides students with the professional preparation they need to tackle real-world problems.
Launched in 2019, the school has positioned the university as a leading, independent source of environmental and scientific knowledge. Through outreach and education programs in local communities, The Water School helps create a more waterliterate society.
Learn more: fgcu.edu/thewaterschool
34 LEEBAR.ORG COMMUNITY CONNECTION
Clinic for the Rehabilitation of Wildlife (CROW)
The Clinic for the Rehabilitation of Wildlife (CROW) is a teaching hospital and visitor education center dedicated to saving wildlife through state-of-the-art veterinary care, research, education and conservation medicine.
CROW treats all native and migratory wildlife species every day, 365 days a year, by offering immediate onsite critical care such as pain management, surgery, physical therapy and radiography, while also providing long-term rehabilitation. Each year, CROW admits over 6,000 wildlife patients from all over Southwest Florida, including more than 200 different species of sick, injured and orphaned wildlife.
As a teaching hospital, CROW educates nearly 50 students annually who are pursuing careers in animal medicine. Along with educating the next generation of wildlife professionals, CROW imparts knowledge to the public through outreach programs in schools and at community events and at the AWC Visitor Education Center with daily presentations, wildlife walks, guided hospital tours, and interactive exhibits. Our numerous visitors learn about sustainable wildlife relationships and the connectivity between wildlife, environmental and human health.
In the wake of the devasting effects of Hurricane Ian, CROW never stopped caring for wildlife. Shifting to a temporary hospital off-island, CROW’s hospital remained opened until its Sanibel Island campus reopened. The Visitor Education Center and gift shop are also open Monday through Friday, providing fun and education for adults and children alike.
As a 501(c)(3) nonprofit, CROW, relies on the generous support of volunteers and donors to care for and conserve wildlife.
Captains for Clean Water
Captains For Clean Water is a 501(c)(3) nonprofit organization on a mission to restore and protect aquatic ecosystems for the use and enjoyment of all. The organization was formed in 2016 by a small group of fishing guides who saw firsthand the limitations of existing water management policies.
As a grassroots, digital advocacy organization, with over 146,000 supporters spanning all 50 states, Captains for Clean Water works to increase awareness and support for water issues; increase public education and engagement with advocacy; and mobilize mass action to influence water policy and management outcomes.
The group has been at the forefront of Florida’s high-stakes, ongoing policy debates over water quality, leading to significant progress in Everglades restoration since its formation.
Key to its success: translating discussions about water quality into economic and quality of life terms, so policymakers can see the broader importance of clean water as the lifeblood of Florida’s economy.
Captains for Clean Water concentrates its efforts on three focus areas: water management, infrastructure and nutrient pollution. Its vast network of supporters includes legendary anglers, fishing guides, global outdoor brands and marine manufacturers, including YETI Coolers, The Orvis Company, Costa Sunglasses, Hell’s Bay Boatworks, SeaDek Marine Products, Pure Fishing Brands and more.
For more information, visit captainsforcleanwater.org
JULY 2023 35
For more information, visit www.crowclinic.org
Call Today! 239.470.4204 15065 McGregor Blvd., Suite 105 • Fort Myers, FL 33908 cmehta@johnrwood.com Affiliate Member of the Lee County Bar Association Your SOUTHWEST FLORIDA Realtor® Christina Mehta • Graduate REALTOR® Institute (GRI) • Resort & Second Property Specialist (RSPS) Waterfront Specialist 36 LEEBAR.ORG
THANK YOU
TO OUR LCBA SPONSORS
PLATINUM
INGOLDKIND
JULY 2023 37
GOLD
GOLD
GOLD SILVER
GOLD BRONZE
IS YOUR FIRM PART OF THE 100 CLUB?
Any firm with two or more attorneys and 100% membership in LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.
Absolute Law, P.A.
All Injuries Law
Aloia, Roland, Lubell & Morgan, PLLC.
Arend & Sisk, P.A.
Associates & Bruce L. Scheiner, P.A.
Banker, Lopez & Gassler
Boy Agnew Potanovic Miller, PLLC.
Boyle & Leonard & Anderson, P.A.
Burandt, Adamski, Feichthaler & Sanchez, PLLC.
Calvo & Calvo, Attorneys at Law
Cole Scott & Kissane, P.A. – Fort Myers
Dal Lago Law
Freidin & Inglis, P.A.
Garvin Law Firm
Goldberg, Noone, Abraham
Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
GrayRobinson, P.A.
Green, Schoenfeld & Kyle, LLP
Hahn, Loeser & Parks, LLP
John Webb Legal Group, P.L.
Kagan Law Firm
Knott Ebelini Hart
Law Offices of Dennis L. Webb, P.A.
Law Offices of Michael M. Raheb, Criminal Lawyer
Law Offices of Scott T. Moorey
Lee County Legal Aid Society, Inc.
Men’s Rights Law Firm
Osterhout & McKinney, P.A.
Patrone, Kemp & Bentley, P.A.
Pavese Law Firm
Roetzel & Andress, L.P.A.
Rubinstein & Holz
Scarmozzino / King Trial Lawyers
Sheldon E. Finman, P.A.
Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.
Spivey Law Firm, Personal Injury Attorneys, P.A.
Strayhorn, Persons-Mulicka & Fisher, P.L.
Wilbur Smith, LLC
Yeslow, Koeppel & Anderson
ZinnLaw, PLLC.
38 LEEBAR.ORG 100 CLUB
KNOWLEDGE. INTEGRITY. RESULTS. Mike Dal Lago, Esq. Christian Haman, Esq. Jennifer Duffy, Esq. Serving Naples, Ft. Myers, Sarasota & Tampa 999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108 2256 First Street Suite 181 Fort Myers, Florida 33901 (239) 571-6877 www.dallagolaw.com Accolades include: BUSINESS LAW BUSINESS RESTRUCTURING BUSINESS BANKRUPTCY CONSUMER BANKRUPTCY • Business Formation • Corporate Governance • Fiduciary Duties • Insolvency Matters • Out-Of-Court Restructuring • Bankruptcy Reorganization • Chapter 7, Chapter 11, Chapter 13 And Subchapter V Bankruptcy Cases • General Corporate Counseling “Super Lawyers is a registered trademark of Thomson Reuters”
275-5552
THINGS
YOU DON'T KNOW ABOUT ME
u Jennifer L. Fisher
1. I have a sign that says “I remember the days that I prayed for what I have now.” I wish I could have told my younger self that all the personal and professional work would pay off and my life would be fuller than I could have ever expected.
2. The greatest accomplishment in my career thus far was studying for and passing my Florida Bar real estate board certification exam while juggling a busy caseload, an active three year old, and one-year-old twins. The following year. I was invited to speak at the review course for the exam to discuss exam preparation strategy.
3. I adore kayak fishing. My life is fast paced, but on the water with only paddle power, the world slows down. There is the excitement of what may be around the next bend with the freedom to slowly make my way there while enjoying the details of the nature around me.
4. One of my favorite sayings is “How do you eat an elephant? One bite at a time.” My paralegal and I have matching elephant sculptures on our desks to remind us that although we daily face a multitude of personal and professional challenges, we will accomplish everything we need to by continuing to diligently handle one thing (or more realistically 5 things) at a time.
5. I grew up in the Rocky Mountains. My cousin ran over a rattlesnake and, being the fearless teenage boy he was, took it home fried it up and served it as an appetizer to all of us. It tasted a bit greasy and counts as the most adventurous thing I’ve ever eaten!
JULY 2023 39 MEMBER SPOTLIGHT
C R I M I N A L D E F E N S E
SCOTT
1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919
T. MOOREY scott@GoodPeopleDoGetArrested.com
IN THE NEWS
LEE COUNTY CLERK REPORT OUTLINES ECONOMIC HEALTH
Lee County Clerk Kevin Karnes has released his second annual report detailing key economic factors impacting county residents. The 20-page report outlines how tax dollars were collected, managed and spent. The easy-to-read guide also outlines trends in county property taxes, housing, employment and major construction projects, as well as tourism revenue, investments and debt. Hardcopies of the report are available at all county libraries and the Clerk’s offices, as well as for online download at www.leeclerk.org/thesanddollar.
COUNSEL TO COUNSEL PROGRAM SETS THE BAR
The Florida Bar has launched Counsel to Counsel, a first-of-its-kind mentoring program designed to pair new lawyers with those who are more established in their careers. The lawyers will be paired based on their profiles and cutting edge matching technology, using the MentorcliQ software to create virtual mentoring relationships. The Florida Bar is the first state bar to have a technology-based mentoring program for its members, establishing Florida as the gold standard in mentoring initiatives.
EXPANDED SERVICES OFFERED IN CAPE CORAL
Kevin C. Karnes, Clerk of the Court & Comptroller for Lee County, recently announced that its Cape Coral location at 1039 SE 9th Place, 2nd Floor, will offer expanded services. Lee County residents who need assistance with filing a restraining order or evictions case can now visit the Cape Coral branch. Trained clerks can assist with filing an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence and stalking. They can also provide information on residential landlord/tenant actions.
APPOINTED TO SERVE
The incoming president of The Florida Bar recently appointed Matthew A. Linde as chair of the Florida Bar Elder Law Certification Committee for the 2023-2024 term. Linde brings over 30 years of legal experience and is dual-board certified in elder law and in wills, trusts and estates. Operating from the Linde Law Group offices in Naples and Fort Myers, he focuses on contested estates, trusts, guardianships and cases involving the exploitation of the elderly.
NEWLY HIRED
Susan Z. Ayers recently joined ZinnLaw, PLLC, and will serve as the firm’s latest litigation attorney. Admitted to practice in both Florida and California, she has more than 20 years of court experience and will concentrate her practice in the areas of real estate disputes, construction litigation and insurance claims. ZinnLaw is a boutique law firm that focuses on the practice areas of contracts, real estate, construction and bankruptcy, with its main office in Fort Myers.
40 LEEBAR.ORG
ADVOCATING FOR & ADVANCING DIVERSITY
Melany Hernandez, a business litigation attorney with Henderson, Franklin, Starnes & Holt, P.A., has been elected to serve on The Florida Bar’s Diversity and Inclusion Committee. As a member, she will help promote and implement strategies to enhance diversity, inclusion and equity within The Florida Bar and broader legal community. One of the 5% of Hispanic female attorneys in the legal profession, Hernandez expresses deep gratitude for the opportunity to advocate for and advance diversity in the legal profession.
LCBA DONATION SUPPORTS SELF HELP CENTER
Lee County Legal Aid Society (LCLAS) received $10,000 from the LCBA Foundation to fund its “Legal Advice at the Lee Clerk’s Self-Help Center” program, which provides free, 20-minute online legal consultations on a variety of civil matters each week. LCLAS staff maintain notes and demographics on each person served, as well as providing the pro-bono service tracking for the attorneys and volunteer hours for law students who work in the background providing research for the consultations.
LEGAL EAGLES FIND NEW HEIGHTS
Five law students were selected to join this year’s “Summer Associate” internship program at Henderson, Franklin, Starnes & Holt, P.A. The 2023 Summer Associates are: Nathan Cochran and Kelly Tackett from University of Florida Levin College of Law; Nicholas Corso and Aaron Ostler from University of Miami School of Law; and Haylee Mixon from Stetson University College of Law.
CORRECTIONS TO THE JUNE 2023 ISSUE OF RES GESTAE
Page 20: It was incorrectly stated that LCLAS is partnering with Judge Perez to hold a series of upcoming CLEs. Although these events will take place in the future, LCLAS hopes to partner with the 20th Circuit Pro Bono Committee, of which Judge Perez is the chair.
Page 44: Travis Russell’s previous experience was incorrectly stated. He served as a Public Defender in the 20th Judicial Circuit. Before that, Travis worked in both the plaintiff and defense sides of personal injury.
Page 45: Leontiev and Kirshy were appointed to serve on the 20th Judicial Circuit, not the 12th.
JULY 2023 41
Left to right: Peter Knize, LCBAF, Board Member; John Webb, LCBAF President 2023; Andrew Banyai, President and Executive Director, Lee County Legal Aid Society; David Seitz LCBAF Treasurer
SHARE YOUR NEWS! If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.
INTRODUCING U.S. Legal Support
U.S. Legal Support is proud to provide nationwide coverage for all of your litigation support needs – anywhere, anytime, any place. To law firms, enterprise legal teams and insurance carriers across the country, U.S. Legal Support offers on-demand access to 12,000+ offices in more than 2,700 cities across the country with in-person, remote and hybrid service capabilities.
The company was founded in 1996 with a single goal: to be the first nationwide, all-inclusive litigation support company. Over the last 30 years, its mission has remained the same: to build lasting relationships with its legal industry partners by delivering exceptional litigation support services.
There’s a common misconception that nationwide “big box” support means sacrificing personalized service and local expertise. U.S. Legal Support debunks that myth, thanks to 30 years of experience. This gives the organization expertise in local market nuances, but also the reach to have resources nationwide, ensuring that U.S. Legal Support can deliver what is needed, when it is needed.
42 LEEBAR.ORG SPONSOR SPOTLIGHT
Services:
Trial Services
Court Reporting Solutions
Record Retrieval
Transcription Services
Interpreting & Translations Contact Information 239.3327443 12800 University Drive, Suite 200 Fort Myers, FL 22907
Reporting: scheduling@uslegalsupport.com Record Retrieval: flrecords@uslegalsupport.com Local Offices. Nationwide Coverage. 5K+ Independent Court Reporting Professionals 132K+ Remote Events Scheduled Annually 27M+ Pages of Records Retrieved Annually 5K+ Interpreters proficient in 200+ Languages 20K+ Trials, Mediations & Arbitrations Consulted On 12K+ On-Demand Ofiices Nationwide
Our
•
•
•
•
•
Court
Our dedicated service defines us.
Much like the Southwest Florida community we represent, Aloia Roland Attorneys at Law are resilient, emerging stronger after life’s storms. We always have, and will continue to help your family, friends and clients overcome setbacks and build resiliency.
Resilient / re-sil-ient / adjective
1. overcoming and conquering difficult conditions and setbacks.
Synonyms: strong, flexible, irrepressible, tough.
Over 60 Years of Combined Experience
Serving Residents of Southwest Florida
Offices: 2222 Second Street, Ft. Myers, FL 33901 1222 47th Street, Cape Coral, FL 33904
Telephone: 239.791.7950
Website: LawDefined.com
ATTORNEYS AT LAW
Evan D. Lubell Senior Partner Personal Injury & Wrongful Death
Jonathan Martin Partner Personal Injury & Wrongful Death
Ty G. Roland Senior Partner Personal Injury & Wrongful Death
“Banking Isn’t Just About Numbers, It’s About Protecting & Caring for Our Community“
Like Thomas Edison, we believe there is always “a better way.” As local, caring professionals, we take pride in giving back to the community where we live and work. That includes supporting a variety of local conservation efforts – such as safeguarding the region from invasive Burmese pythons in tandem with organizations like the FWC and South Florida Water Management District. Our relationship-focused team is also standing strong with money to lend, ready to provide the financial resources necessary to empower our community’s small business leaders to reach their goals. Experience the benefits of joining Edison National Bank/Bank of the Islands.
PRSRT STD U.S. POSTAGE PAID FT. MYERS, FL PERMIT NO. 147 P.O. Box 1387 Fort Myers, FL 33902-1387 (239) 334-0047 Fax (239) 334-0523 LEEBAR.ORG Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank. To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.
Robbie Roepstorff, President and Geoff Roepstorff, CEO