by John D. Mills
BOOK REVIEW
Review Date: Nov. 13, 2017
Pineland Gold, A Pineland Sound Mystery, By John D. Mills
A Florida-based legal thriller revolves around the rumor of buried treasure.
Mills (The Hooker, the Dancer, and the Nun, 2015, etc.) returns to his comfortable, engaging setting of Pine Island Sound for this taut and fanciful new installment of his mystery series. The story opens with state prosecutor Frank Powers and “seasoned” divorce lawyer Beth Mancini traveling to Pine Island’s Tarpon Lodge to attend the wedding of two friends and get in some sunny relaxation of their own. At the lodge, Beth glimpses 45-year-old, well-off widow Helen Hanover, who’s obsessed with the pirate history and lore of this region of Florida. Playing right into that passion is fishing guide Eddie Watson, whose friend has just recently cleared some nearby land and uncovered clues to a long-buried pirate treasure. Admittedly formidable logistics stand in their path: The treasure spot is located on a sacred Native American burial mound. When Eddie and Helen are later found brutally murdered on that spot, the novel’s plot moves smoothly from romantic getaway yarn to sensational murder trial, with Frank and Beth caught in the middle of it all. Mills is a mostly sedate storyteller; his tale has few shocks and no sharp turns. He draws his characters well, if simply, and he doles out the plot’s developments with no rhetorical fuss or flourish. The two main attractions of his new story play directly to his own strengths as a writer: He employs his long familiarity with the Pineland setting to evoke the sights and sounds of the place confidently, and he uses his long professional history as a prosecutor in the Florida legal system to make the extended courtroom scenes stand out for their verisimilitude. The result is an atmospheric Florida thriller in the vein of Randy Wayne White’s Doc Ford novels, with Mills delivering great swaths of exposition about the colorful history of the Pine Island Sound area along the way. The author balances this material adroitly with his courtroom give-and-take. An effective courtroom drama with generous dashes of pirate exoticism thrown in.
(Bronze winner from Florida Authors & Publishers Association for Mystery 2018)
Drunk
Serious
Custody
Hurricane
Apartment Shootings
Gun
Courtroom Trials
Workers Compensation
Wrongful Death Cases
Pedestrian Accidents
Bicycle Accidents
Dog Bite Cases
Slip & Fall Accidents
Negligent Security Cases Settlements
Giving Thanks
Thanksgiving has always been my favorite holiday because it celebrates togetherness.
Unlike other commercially driven holidays that emphasize gift giving, Thanksgiving is about gathering with loved ones. Whether it’s family, friends or even neighbors, Thanksgiving is an opportunity to visit, laugh, tell stories, share a meal and just enjoy each other’s company. The simplicity of coming together without the pressure of gift-giving or elaborate celebrations allows us to really appreciate not just what we have but, more importantly, who we have, to share the moments that make life rich and meaningful. Reconnecting strengthens our bonds, even if just for a day.
My husband, Mark, and I have hosted Thanksgiving dinner at our home for the last 25 years. In fact, it was the first holiday we took over from our parents as a married couple. And not surprisingly, a traditional Thanksgiving feast is definitely the centerpiece of the celebration! Tables laden with roasted turkey and dressing, creamy mashed potatoes, vegetables galore and a variety of desserts that make your mouth water are front and center. But just as importantly, Mark and I truly cherish our time together as we create the menu, choose the wine pairings and then prepare a great meal to share with family and friends from far and wide. Literally, everyone’s invited, and it is not uncommon for us to have a few of my husband’s colleagues from other countries who happen to be in town evaluating a crop of chrysanthemums in Alva!
So, after a glorious dinner, but before you drift into your tryptophan-induced coma, remember Thanksgiving is also a wonderful time to reflect on the year’s journey — its ups and downs, lessons learned and growth experienced. We express gratitude for the challenges that have shaped us, the opportunities that have come our way and the hope that drives us forward.
As for me, I am so incredibly grateful for the opportunity to serve as your 2024 LCBA president, and I treasure the friendships and memories I’ve made along the way. This has certainly been a remarkable journey that I will never forget, and I couldn’t have done it without the support of my husband, Mark, my Public Defender family and most importantly, our wonderful Executive Director Lauren Baugh!
Cheers, everyone!
Hon. Kathy Smith, LCBA President kathleens@pd20.org | 239.533.2911
ADMINISTRATION
LEE COUNTY BAR ASSOCIATION
Executive Director
Lauren Baugh
EXECUTIVE COUNCIL
President
Hon. Kathy Smith
Vice President
John Miller III, Esq.
YLD President
Joseph Coleman, Esq.
BOARD MEMBERS
Erin Casey, Esq.
Jerry Olivo, Esq.
Megan Strayhorn, Esq.
Doug Szabo, Esq.
COMMITTEE CHAIRS
Bench-Bar Gala
Diana “Dawn” Maselli, Esq.
Diversity and Inclusion
TBA
Health and Wellness
Hon. Kimberly Davis Bocelli
Ashley Kogan-Weed, Esq.
John Miller III, Esq.
History
Hon. Jenna Persons-Mulicka
E. Bruce Strayhorn, Esq.
Megan Strayhorn, Esq
Law-Related Education
T. Rankin Terry, Jr., JD, LLM
Law Week
Hon. John Carlin
PRACTICE SECTION CHAIRS
Alternative Dispute Resolution
Anne Dalton, Esq.
Alexandra Kleinfeldt, Esq.
Appellate Law
TBA
Corporate Law
TBA
Criminal Law
Asma Anwar, Esq.
Agnieszka Osowicka, Esq.
Elder Law
Lisa Gelman, Esq.
Blake Hampton, Esq.
Family Law
Kayla Richmond, Esq.
Danielle Seitz, Esq.
General Civil and Business Litigation
Joel Hyatt, Esq.
Kara Jursinski Murphy, Esq.
Administrative Assistant Mairelis Tamayo
President Emeritus
Spencer Cordell, Esq.
Secretary
Dawn Maselli, Esq.
Treasurer
John Dommerich Jr., Esq.
JUDICIAL LIAISONS
Hon. Robert Branning
Hon. Devin George
LCBA Foundation Charity
Golf Tournament
Meredith Jones, Esq.
Vanessa Fernandez, Esq.
Mock Trial
Maria Alaimo, Esq.
Shaina Zuppke, Esq.
Paralegal
TBA
Pro Bono
Andrew Banyai, Esq.
Amanda Levy-Reis, Esq.
Mental Health Initiative Committee
Holly Cosby, Esq
Dawn Maselli, Esq.
Immigration Law
Nirupa Netram, Esq.
Intellectual Property Law
Mark Nieds, Esq.
Land Use and Governmental Law
Zachary Liebetreu, Esq.
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
Conor Foley, Esq.
Tort Litigation
Diana “Dawn” Maselli, Esq.
HOLIDAY SHOPPING?
ENJOY THIS OPENAND-SHUT CASE
Discover the best selection of ultra-premium chocolate gifts at Norman Love Confections. The 2024 Holiday Collection - including our new Hannukah Collection - debuts online Nov. 11 and in Chocolate Salons across Florida on Nov. 25. Remember to pre-order artisan desserts and party platters for your holiday gatherings as well!
Just Around the Riverbend
Well, Southwest Florida and many other areas of Florida have been struck again, first by Hurricane Helene and then by Hurricane Milton. We at the LCBA hope that you, your families and your homes survived with little to no damage.
Over the years, we have learned to quickly pivot –not out of desire, but rather, necessity. Now, we all hope to go back to our regular lives with a positive attitude and this reminder that life is unpredictable. So, prepare as much as you can, but enjoy it. Do not dwell on what could be, but rather, what is!
While October brought chaos, LCBA was able to pivot quickly. Members enjoyed our Pro Bono Awards Happy Hour at Bay Street Yard, as well as our Under the Stars Bench Bar Gala at The Veranda. We had a great time at both! It was so nice to see everyone at each event and, especially, get together to laugh and enjoy the fun part of this field!
I want to take a moment to thank our amazing Bench Bar Gala sponsors, without whom the event would not have been as amazing as it was. For a full list of all sponsors and stars of the show, please check out page 30! Also, a most sincere thank you to our Bench Bar Gala Committee members: the Honorable Kathy Smith, Dawn Maselli, Ita Neymotin and Erin Casey, without whom I would not have been able to host such a great event!
Now, let’s look forward… 2025 is just around the riverbend, and we have high hopes! We are really excited about what is coming, and we want you to be a part of it! Membership and sponsorship opportunities are ready for you. So, if you want to get a head start on your membership, or if you want to talk sponsorship and become one of our beloved sponsor superstars, please let me know and we can get that going!
With Thanksgiving coming up, I want to say thank you to every member, sponsor, committee member, section chair, Foundation and board member. Without you, the LCBA would not be able to do what it does, and I would not be able to do what I do for you – a most sincere thank you.
Here’s to an amazing November and December – and continuing to thrive!
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
Editors In Law
Hon. Kathleen Smith
Lauren Baugh
Creative/Art Director
Christi Finger
Graphic Designer
Lynsey Gill
Contributing Writers
Gabriel Arbois
Lauren Baugh
Peter Dennis
Henry Lee Paul, Esq.
Jenna Persons-Mulicka
Rochelle Pitts
Kayla Richmond
Danielle Levy Seitz
Hon. Kathy Smith
Megan Strayhorn
T. Rankin Terry, Jr., JD, LLM
Bridget Washburn
Iman Zekri
Contributing Photographers
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 rgeditor@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©2024 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.
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
Chad T. Brazzeal, Esquire Chad
SPECIAL
As you plan ahead for 2024, here are special LCBA events to note for your calendar. All dates are subject to change, and any updates will be posted on LeeBar.org.
NOVEMBER 2024
Location:
DECEMBER 2024
to a Client Complaint How NOT to Respond
As we move into the holiday season, I once again present a case in which the Supreme Court has severely sanctioned a lawyer for disparaging his client and making misrepresentations about his client to The Florida Bar during the disciplinary process.
The holidays are a good time for members of The Florida Bar to reflect on the importance of civility and candor in the practice of law. Whatever problem we encounter in practice, disparaging a client and making misrepresentations to The Florida Bar can only make matters worse.
In the case of The Florida Bar v. Katalinic (SC22-1444), the lawyer was suspended for 60 days. Not only did Katalinic disparage his client and reveal confidential information, but he also made false statements about his client in response to a bar complaint filed by the client.
Katalinic disparaged his client when the client became dissatisfied with his representation in defending a Petition for Protection Against Stalking and Cyberstalking filed by a former girlfriend. The fee for this representation was $950. The client had a five-year injunction entered against him. After losing the case, the client demanded that the attorney fees be refunded or else he would file a bar complaint. The client made no threats of physical harm against Katalinic.
Instead of simply responding in a reasonable manner to what was a meritless complaint, Katalinic wrote to his client, stating, “Please do not threaten me or my office with physical harm. Unfortunately, I had no choice but to make these emails part of your ‘aggravated stalking’ court file.”
There was no justification to file the allegedly threatening emails from the client in the court file, except to attempt to disparage the client and make them public. Katalinic also sent the client’s emails to the opposing counsel and the opposing party.
When the client filed the promised bar complaint, the response by Katalinic to The Florida Bar was even more perplexing. According to the consent judgment, Katalinic falsely stated to The Florida Bar that his client had been fired from employment at the Sheriff’s Office. He also falsely stated that his client had fired two previous lawyers and attacked them with harassing emails, phone calls and negative online reviews. When the grievance committee investigated, it found these allegations to be untruthful.
Katalinic made additional false claims to The Florida Bar by stating that his client admitted to sending a package to opposing counsel “containing a rubber male genital with gummy bears.” He also stated that his client admitted to the judge that he lied in court, and that his client had unsuccessfully appealed the circuit court’s decision. These false assertions by Katalinic were apparently made to attack the credibility of his client.
This case is a lesson of how to turn what was a meritless complaint by a client into a 60-day suspension from the practice of law. It is a lesson of the importance of candor in responses to The Florida Bar. It is usually true that in disciplinary matters, an attempt to cover up or to be disingenuous with The Florida Bar is a choice fraught with adverse consequences.
practice matters.
represents applicants in all matters before The Florida Board of Bar Examiners.
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
He also
Iman Zekri
EQUITY IN TRANSITION
Iman Zekri is a family law and appellate attorney at Henderson, Franklin, Starnes & Holt, P.A. She is a native of Southwest Florida and received her bachelor’s degree, summa cum laude, from Florida Gulf Coast University and her JD, cum laude, from the University of Florida Levin College of Law. Iman currently serves as the Grants and Awards Chair of the Lee County Bar Association Young Lawyers Division Board of Directors.
The Florida Legislature recently enacted significant changes to Section 61.075 of the Florida Statutes, which governs equitable distribution of marital assets and liabilities in divorce cases. The amendments provide guidance on when a partial equitable distribution is appropriate, legislate around the Florida Supreme Court’s Hooker v. Hooker decision, and address other family law issues that have been debated over the years. This article summarizes the major changes that every family law practitioner should know.
Justifications for an Interim Partial Distribution
The first major change to Section 61.075 is that the Legislature has finally provided some guidance on what facts constitute extraordinary circumstances that could justify an interim partial distribution of marital assets and liabilities.
More specifically, the amended statute identifies four factors that the trial court must consider in determining whether there is good cause for an interim partial distribution. Those factors are:
1. Whether there is a need for funds to avoid the loss of an asset through repossession, foreclosure or default;
2. If funds are needed to pay for an expense for a minor child when nonpayment of the expense would be detrimental to the child;
3. The extent to which funds are needed to pay reasonable attorney’s fees and costs in the divorce action; and
4. Whether any other circumstances justify the entry of an interim partial distribution order.
Because the revised law elaborates on what justifications may constitute extraordinary circumstances, family law practitioners and judges no longer need to guess about what could serve as good cause to grant a partial equitable distribution.
Narrowing the Scope of Interspousal Gifts
The updates contain more good news. Florida divorce attorneys can breathe a sigh of relief that they have all been holding since 2017, when the Florida Supreme Court issued its
It is generally helpful when accepted case law rulings are incorporated into Florida Statutes. The intention is that doing so provides clearer direction and guidance as to the various issues. Amendments like these can assist practitioners and the judiciary in minimizing grey areas that often lead to lengthy, expensive litigation. I am interested to see if the inclusion of justifications for interim partial distributions will lead to more such requests. The concern might be whether granting such interim distribution may diminish a party’s eagerness to reach a resolution on the other outstanding issues, which could lead to delays.
Danielle Levy Seitz, LCBA Family Law Practice Section Co-Chair
Aloia, Roland, Lubell & Morgan, PLLC
surprising decision in Hooker v. Hooker. As a refresher, the court in Hooker held that the husband made an interspousal gift of his horse farm and summer home, even though both properties were purchased with the husband’s nonmarital assets and titled in the husband’s sole name.
The revamped statute fixes that unfortunate result, as Section 61.075 now provides that an interspousal gift of real property cannot be made absent a writing that complies with Section 689.01 of the Florida Statutes. This change not only alleviates stress for family law attorneys, but it also provides predictability for our clients.
The amended statute further clarifies that if a spouse joins in the execution of a deed for the sole purpose of transferring homestead real property to someone other than their spouse or both spouses jointly, it does not change the character of the real estate to marital property.
Closely Held Businesses
Next, with respect to corporate interests, the amended statute addresses how trial courts must determine the value of closely held business. The statute imposes two requirements on courts when determining the value of a closely held business. First, the statute dictates that the standard of value of a closely held business is fair market value. Fair market value means the price at which property would change hands between a willing and able buyer and seller, with neither under compulsion to buy or sell, and when both have reasonable knowledge of the relevant facts.
Second, the statute directs that if there is goodwill separate from the continued presence and reputation of the spouse who owns the business, it is considered enterprise goodwill. This is a marital asset that must be valued by the trial court. Interestingly, the statute mentions that the trial court must also consider evidence that a covenant not to compete or similar restrictive covenant may be required upon the sale of the business, but that such evidence alone does not preclude the court from finding enterprise goodwill.
Clarification Regarding Nonmarital Real Property
The last major change in the amendments provides clarification on the classification of real property. If it was not clear before, it is now undebatable that real property acquired separately by a spouse from a non-interspousal gift or inheritance, and for which title was not transferred to the spouses’ joint names, constitutes nonmarital property under Florida law.
Final Takeaways
After unanimously passing in both the House and the Senate, Governor DeSantis signed House Bill 521 into law on June 13, 2024. The statutory amendments officially took effect on July 1, 2024. By introducing clearer guidelines for the division of marital and nonmarital property, the amended statute is a step forward in reducing uncertainty in divorce proceedings.
These clarifications will hopefully point practitioners and judges to more concrete instructions in frequently arising family law issues. Specifically, as it relates to defining extraordinary circumstances for interim partial distributions, this statutory change can hopefully provide relief to parties who are suffering from financial withholdings by the other party, streamlining financial division and creating a swifter pathway to peace. On a cautionary note, though, while statutory changes are helpful, they often result in interpretation down the line and additional case law with which to comply.
Kayla Richmond, LCBA Family Law Practice Section Co-Chair
Henderson, Franklin, Starnes & Holt, P.A.
By T. Rankin Terry, Jr., JD, LLM
LADY BIRD DEEDS
Recently, a client wanted a lady bird deed, which is also known as an enhanced life estate deed.
I am not a fan of these deeds, but thought I’d better look up the latest learning. I unashamedly Googled “enhanced life estate deed,” “lady bird deed,” and “Florida.”
Several Florida clerk of courts’ websites came up, including Palm Beach County, offering lady bird deeds as a freebie. The clerks’ deed forms were all the same and referred to the grantees as “grantee beneficiary(-ies).”
I had never heard of a grantee beneficiary in this context, so I emailed Orlando attorney Joe Peropo. In 2020, he wrote a piece on these deeds in the RPPTL Section’s Action Line (Spring 2020). Per his reply, he had never heard of a grantee beneficiary in this context in Florida, either!
T. Rankin Terry, Jr. is a longtime Southwest Florida practitioner.
Board certified in civil trial for 35 years, he has been a certified mediator for 40 years. His bachelor’s degree in mechanical engineering was obtained from the University of Kentucky, followed by his juris doctor from Washington University in St. Louis. He also earned an LLM in tax from the University of Florida.
The form must have been passed around at a clerk’s conference. All had grantee beneficiary language and rather limited powers. I think some states have a statutory definition of grantee beneficiary. Given the many things that the word “beneficiary” may mean or imply, I don’t think we should use it in these deeds in Florida.
Using the expanded powers language given in Peropo’s Action Line piece, along with his suggestion that warranty deed language be used if the deed is among family members, which it usually is, I drafted up a form. Anyone wanting a copy, drop me an email.
An Aside About Condo Construction
As this is being written, Hurricane Helene is about to break out into the Gulf. By publication, its history will be known. However, the storm of rising condo windstorm insurance premiums and inspection consequences has been blowing strongly for some time. The deadline for structural engineers’ inspections is currently December 31, 2024. “The rub” seems to be coming from the bad news delivered by the inspections, and the cost of the remedial work dictated by the inspection’s bad news.
Given the number of people killed and the property damage in the East coast condo collapse, there is no chance of a structural engineer going easy on a building’s inspection.
I never took the concrete structures course in engineering school, but have been educated by a few cases. I now know that when a piece of concrete covering that reinforces steel delaminates from the steel, things can go badly quickly.
Our clients with condos over three stories tall may be in for some unpleasant and expensive times. I assume that now, or very soon, Sale and Purchase Agreements for Residential Condos of over three stories will require recent (6-12 months) structural engineering inspections of the whole building. For example, if I am on the eighth floor, I don’t want a beam delaminating on the second! Having the whole building’s inspection re-certified before each sale is going to add significant costs.
This is one of those areas where the laws of physics override “our” law.
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
Cheers to Years
of Dedicated Service
One blustery January evening in 1949, 17 visionary attorneys gathered in Frank Alderman’s living room for the inaugural meeting of the Lee County Bar Association (LCBA).
That night, the group set the goal of establishing a local law library. According to the LCBA’s first-ever recorded meeting minutes, County Judge Bryant offered to donate all $3 civil action fees that were awarded in cases before his court. Members present accepted his offer and matched it with a $50 contribution.
William Wood presided over the meeting, during which Frank C. Alderman, Jr. was elected as the Lee County Bar Association president for the new year. The assembly agreed to reconvene every 30 days, and thus began the network of local attorneys that has served as Lee County’s legal voice for three quarters of a century!
In 1949, annual membership dues were reported as $10. Today, an LCBA member pays $170 in annual dues. Out of each member’s dues, excepting government attorneys and new members, $22 to $60 is provided as a contribution to support the LCBA Foundation.
This unique arrangement provides funding for the Foundation to issue grants to local nonprofits in Lee County as a means of always improving the area. By providing financial support for this vital work from membership dues, LCBA demonstrates its ongoing commitment to the local community.
The association’s dedication to supporting its member attorneys is evidenced in the activities and programs offered. “LCBA keeps a full slate of both ‘serious’ and fun events, from networking, community aid projects and awards to both in person and virtual CLE train – and so much more,” said Executive Director Lauren Baugh, who has served in this capacity since August 2019. “Our goal is to provide opportunities for members of the Bar and the Bench – as well as young attorneys who are just starting their careers – to build meaningful relationships, get engaged and find support with the Lee County legal community. Our sponsors offer a great deal of help to ensure we meet these goals!”
Each year brings new and expanded initiatives, such as the recently launched Mental Health and Wellness Mission (MHWM). This program brings free, confidential therapy sessions to any and all active Florida Bar attorneys who practice law in Lee County. It also connects members with a network of Lee Health-trained peer liaisons for additional support.
“LCBA is doing its part to build a community that values and prioritizes mental health. We can become a more informed community by teaching individuals to recognize symptoms, understanding the importance of seeking help, and learning how to better support friends, family and colleagues who may be experiencing mental health challenges. Mental health affects all of us,” said the Honorable Kathy Smith, 2024 LCBA president and Public Defender for the 20th Judicial Circuit.
LCBA’s membership has certainly grown and expanded since those early days at Frank Alderman’s home. Today, the association maintains independent office space in downtown Fort Myers to serve its membership base of over 700 attorneys.
In return, many attorneys provide guidance and leadership to the community by serving in a leadership role with LCBA. Turn to page 8 to view a listing of these dedicated individuals – and make note of the roles and opportunities that will soon open for 2025! If you are interested in serving on a committee or as a Practice Section chair, please contact Lauren Baugh at (239) 334-0047 or email LBaugh@LeeBar.org.
Reflections on 75 Years of LCBA
As a past president of the Lee County Bar Association, I’ve seen how The Bar has been instrumental in uniting and supporting attorneys, promoting professionalism and providing resources that strengthen our legal community. As Henderson Franklin celebrates 100 years, we take pride in our deep-rooted connection with The Bar, which has shaped the legal landscape in Southwest Florida. With several of our attorneys serving as Bar president, we remain committed to its mission of advancing the practice of law for the next generation.
–Michael J. Corso, Esq.
The four years I was on the executive council were some of the best and fastest years. The dedication and passion of the staff, executive council and members were and are truly commendable and are what have kept the LCBA going strong for 75 years.
–Michael Randolph, Esq.
Several important precedents were set during my presidential term. First, the Lee County ADR Practice Section was created, recognizing mediators and arbitrators as separate and important parts of our legal community. Secondly, I was honored to be the first president whose major practice focus was mediation and arbitration. Thirdly, our theme for the year was professionalism, and we initiated a monthly in-person visit from a local nonprofit community. Anyone remember the parrot at our Bar lunch at Sidney-Berne Davis?
–Anne Dalton, Esq.
The Lee County Bar Association is integral to the legal communities in and around Fort Myers. The volunteer leaders of the association, over these many years, are owed a debt of gratitude for their great legal work and organizational skills that have kept the association going.
–Judge Josephine Gagliardi
LEGISLATIVE SESSION RECAP
Jenna Persons-Mulicka serves in the Florida House of Representatives, R-Fort Myers.
A sixth generation Lee County resident, she graduated from The George Washington University Law School. As a partner in the law firm of Strayhorn, Persons-Mulicka & Fisher, she built her practice around a dedication to the community and respect for the important role of local and state government. During her service in the Florida legislature, Jenna has won numerous awards and is an active member of numerous local organizations.
The 2024 Regular Legislative Session was another one for the history books. In the 60 days of session, we passed 313 bills out of more than 1,900 bills filed, as well as a fiscally sound, balanced budget.
Governor DeSantis signed into law a total of 299 bills. He also signed the $116.5 billion “Focus on Florida’s Future” budget, which provides $17 billion in reserves, more than $1.5 billion in tax relief and, of particular interest to the Lee County Bar Association, includes funding for one new circuit court judgeship in the 20th Judicial Circuit.
This year’s legislation included numerous bills focused on various issues impacting civil and criminal law. I had the privilege to work with State
Attorney Amira Fox and Senator Martin on HB 1281, which was signed into law by Governor DeSantis on April 29. It helps prosecute those criminals who commit sexual or physical violence against a child by permitting the parent of the child to record communications evidencing such violence.
I also sponsored HB 7013, which went into effect on July 1. It increases transparency and accountability of special districts by establishing 12-year term limits and requiring all special districts to adopt goals, objectives and performance measures, then reporting annually on their progress in achieving those goals and objectives.
Here is a selection of other bills signed into law that may be of interest.
HB 267: Building Regulations
Shortens the time period that local governments have to review certain building permits.
SB 328: Affordable Housing
Updates the Live Local Act to modify the parking reduction requirements, administrative approval requirements and other provisions.
HB 1021: Community Associations
Modifies provisions governing community association managers, condominium official records and other provisions regarding condominiums and cooperatives.
HB 1029: My Safe Florida Condominium Pilot Program
Provides resources for condominiums to seek mitigation inspections and have access to grants related to storm hardening.
HB 1203: Homeowner’s Associations
Modifies HOA regulations to provide increased HOA accountability and curb HOA abuse.
HB 1526: Local Regulation of Nonconforming and Unsafe Structures
Prohibits local government from prohibiting demolition of certain unsafe or nonconforming structures seaward of the coastal construction control line and from imposing additional requirements on replacement structures not required for similar parcels with same zoning.
HB 117: Disclosure of Grand Jury Testimony
Allows the court to authorize the release of grand jury records in certain cases, including the state’s case against Jeffrey Epstein.
SB 184: Impeding, Threatening or Harassing First Responders
Makes it a second-degree misdemeanor to impede or interfere with the first responder’s ability to perform their lawful duty, or to threaten or harass a first responder, in certain circumstances.
HB 187: Antisemitism
Codifies a definition of antisemitism into law to protect Jewish individuals and institutions by helping law enforcement and state attorneys to better identify what may qualify as a hate crime.
HB 275: Offenses Involving Critical Infrastructure
Creates criminal penalties for tampering with or willfully entering or remaining on critical infrastructure, as well as for unauthorized use of computer systems related to critical infrastructure.
HB 385: Safe Exchange of Minor Children
Protects children and parents by providing for the exchange of minor children at a neutral, safe exchange location.
HB 549: Theft
Cracks down on large-scale, coordinated retail theft, as well as porch piracy, by creating new penalties and reducing the threshold for porch piracy.
SB 718: Exposures of First Responders to Fentanyl & Fentanyl Analogs
Increases the penalties for exposing first responders to dangerous fentanyl drugs.
SB 758: Tracking Devices & Applications
Prohibits using a tracking device or application to track a person without that person’s consent.
SB 764: Retention of Sexual Offense Evidence
Requires the retention of a sexual assault kit collected from a nonreporting victim for a minimum of 50 years.
SB 1036: Reclassification of Criminal Penalties
Reclassifies felony offenses to the next higher level when a person has previously been convicted of a crime relating to unlawful reentry to the United States and then commits a felony in Florida after the federal conviction. The bill also reclassifies criminal penalties where a person commits a misdemeanor or felony to further the interest of a transnational crime organization.
HB 1171: Schemes to Defraud
Increases penalties for schemes to defraud people over 65, minors and people with disabilities.
HB 1181: Juvenile Justice
Provides tools to hold accountable juvenile offenders who commit serious gun crimes.
SB 1286: Return of Weapons & Arms Following an Arrest
Provides a process to retrieve lawfully owned weapons or firearms after an arrest within 30 days under certain circumstances.
HB 1389: Digital Voyeurism
Renames “video voyeurism” to “digital voyeurism” and strengthens penalties to protect the privacy of Floridians from emerging digital threats.
HB 1589: Driving Without a Valid Driver License
Increases criminal penalties.
HB 7063: Anti-Human Trafficking
Revises hotline number, modifies reporting procedures, requires certain affidavit in government contracts and prohibits employment of persons younger than 21 in adult entertainment establishments.
CELEBRATING OUR PRO BONO STARS
Cheers to serving the Lee County community through selfless pro bono service. On October 17, Lee County Bar Association welcomed local leaders and LCBA members to Bay Street Yard in Downtown Fort Myers for this annual awards celebration. Sponsored by annual awards celebration. The special presentation recognized and honored those who have demonstrated exceptional commitment to pro bono service and closing the justice gap for the individuals in Southwest Florida who need it most.
13. Group Photo 1 2 3 4 5 6 7 8 9 10 11 12 13
Tony Kolenc
3. Cynthia Crosby, Eunice Gedeon Linot and Amir Cyrus
4. Andrew Banyai, Hon. Linda Adams and Judge James Adams
5. Benjamin Abdulnour, Hon. Kathy Smith and Andrew Banyai
6. Benjamin Abdulnour
7. Doug Spiegel and Brittany Elrod
8. Kristianna Soto and her daughter, Audrianna
9. Lisa Gelman and John Miller, III
10. Magistrate Christopher Whitney and Susan Larned
11. Hon. Kathy Smith, Courtney Sowerby-Thomas and Cheryl Papasodero
12. Tony Kolenc, Magistrate Christopher Whitney and Alisa Kolenc
1. Alisa and
2. Myra Laroque-Mocaby, Blair DeMinico and Ely Naranjo Dominguez
By Rochelle Pitts
ACTIVATE
5 TIPS FOR TAKING A VACATION AS AN ATTORNEY
Don’t. Just kidding! But, it will suck when you get back. I am not sure if I ever met a lawyer that wasn’t overworked, had a heavy case load or wasn’t panicking about the next huge deadline.
Rochelle Pitts is a personal injury and wrongful death attorney at Aloia, Roland, Lubell & Morgan, PLLC. She received her bachelor’s degree from the University of Florida and her JD from the Ave Maria School of Law. She is a member of Calusa Inn of Court as well as the Young Lawyers Division (YLD) of the Lee County Bar Association.
So, how can someone like that take time off? It requires planning, preparation and the realization that as a lawyer, you will still have to check in with your legal team on your vacation at some point. To help, here are some tips for preparing for your time off.
1. Plan Ahead.
Should you whisk yourself away to Mexico the day before trial? Probably not. There are better and worse times to take your vacation. Preferably a time when you have a lighter workload, or at minimum, a workload that doesn’t require your live presence and intense thought.
2. File Notices of Unavailability in Your Cases.
This is important, because it notifies all the parties involved as well as the court that you
will not be present – and that important events should not be scheduled during that period.
3. Prepare Your Work.
In addition to setting your email to autoreply, one should try to put all their files in a manageable state. If your files are not in a manageable state, you should reassess taking a vacation.
4. Trust in Thy Paralegal.
If you do not already have amazing paralegals, you need to continue your search until you find some. Speak to them prior to leaving and let them know if there are any emergencies where they can reach you.
5. Enjoy Your Time Off!
Lastly, make sure you enjoy your time off. If you do not actively set this as your intention, it may result in sleepless nights where you stare at the ceiling wondering about your cases and life choices instead of resting for that big hike in the morning.
By Peter Dennis
MAKING A DIFFERENCE IN LEE COUNTY
Peter Dennis is the regional managing attorney for Florida Rural Legal Services’ Fort Myers office, which covers Lee, Charlotte, Hendry, Desoto and Glades Counties. A long time Lee County resident, he graduated from Fort Myers High School before attending the University of Florida and New York University School of Law.
On November 25, 1960, the day after Thanksgiving, CBS aired a documentary produced by Edward R. Murrow entitled, “Harvest of Shame.” It chronicled migrant farmworkers throughout our nation working in deplorable conditions to bring us the very food that had been gathered around and enjoyed the day prior.
South Florida featured prominently in the documentary, particularly Belle Glade. There, we saw migrant farmworkers toiling in the fields, unable to educate their children or save enough to break the cycle of poverty; whole families sleeping on straw mattresses infested with rats. Their pay was often little more than a dollar for a full day’s work.
Murrow interviewed one of the farm owners who remarked, “We used to own our slaves; now we just rent them.” Six years after “Harvest of Shame” aired, Florida Rural Legal Services
(FRLS) was founded, and we have been serving our vulnerable neighbors ever since.
Almost six decades later, FRLS still has a unit dedicated to assisting farmworkers, while also offering countless other services to the poor and underserved in 13 counties across the peninsula. The faces and languages of those who work in Florida’s fields have changed. Their challenges have not.
The people who seek our services are often experiencing the most difficult times of their lives. They may be facing homelessness due to eviction, or require assistance after a natural disaster. They may be abused spouses, or disabled persons denied the benefits they so desperately need.
As we gather and give thanks, let us remember all the families and neighbors who help bring
this bounty to our tables while their own remain bare. Let us remember all the work that must still be done to ensure we all have access to the legal system. Let us remember the many, many folks who survive on the margins, whose lives can be irreparably damaged by missing a day of work, by losing a car or home to the flood waters of Hurricane Ian or, now, Hurricanes Helene and Milton.
Many in Lee County need our help. Now, more than ever.
While this is a season of thankfulness, let it also be a one of action. Let it remind those of us able to gather – safely, housed and with plenty – that there is an abundance of work to be done to ensure others can share in such blessings.
This year marks a new chapter for Florida Rural Legal Services’ Fort Myers office, one for which we are grateful. We recently relocated to a facility that will allow us to serve our community in exciting new ways. We hope you will come visit us at 6611 Orion Drive, Suite 201, Fort Myers, Florida 33912. Far more importantly, we hope you will reach out to us and ask, “What can I do to make a difference?”
From all of us at Florida Rural Legal Services, we wish you a season of bounty. We are grateful to be a part of this community and honored to serve it.
legalscoopswflre.com swflbusinessandipblog.com
Madison A. Tanner
Michael P. Versnik
By Bridget Washburn
THE VALUE OF VETERANS TREATMENT COURT IN THEIR OWN WORDS…
Bridget Washburn is the Treatment Courts Manager for the 20th Judicial Circuit and was appointed to that position in early 2022. Prior to that, she worked in the Lee County Criminal Division for over nine years. She holds a B.A. in Criminal Justice and an M.A. in Criminal Justice Administration, both from the University of South Florida.
The Lee County Veterans Treatment Court is currently presided over by the Honorable Judge Josephine Gagliardi. Since Lee County implemented the program in 2015, there have been 98 successful graduates, as of September 30, 2024.
According to an article posted by the Bureau of Justice Statistics, approximately 66% of adults successfully complete standard supervision. The Lee County Veterans Treatment Court has a success rate of 82%,
showing that this local program has significantly higher rates of success than standard probation cases!
What makes Lee County’s program so much more successful than a standard probation?
Graduates of the program were asked what they think makes Veterans Treatment Court work. Here are just a few of the sentiments they shared.
Veterans Treatment Court provides that necessary support with tools for anyone who wants to change their life. Most important are the people on the team that put in their time and effort. Everyone is treated with respect and dignity regardless of their offense and not looked down on or treated like second class citizens.”
Robert, an Army Veteran who served in Vietnam, graduated the program in 2022, and is currently serving as the
“ Without the program, followed by everything you guys do every day, I know for a fact I would have relapsed, and most likely overdosed and died. The last year before I got locked up, I woke up in the hospital in the back of an ambulance with tubes down my face more times than I care to remember. Routine and accountability are what worked for me. I’ll be clean three years on November 1.”
–Stephen, a Marine Veteran who graduated the program in 2023
“ Veterans Court saved my life! Taught me the coping skills and so much more and gave me the understanding and support I needed to heal and fix all my issues. It gives the judge more of an overview of the people as a whole. The program provides a structured environment with clear details and goals. I’m forever grateful!”
–Erich, a Navy Veteran who graduated the program in early 2024
“Today I own my own business, and I am looking forward to being a mentor and being a staple in my community. I’m going on three years of being drug free.”
Martin, an Army Veteran who graduated the program in 2023 and is currently in the process of applying to become a mentor for the current participants
“The courts hold you responsible for your actions, but there also room for grace and mistakes. The system accounts for the part of us that is human and flawed. Veterans Treatment Court also holds us to a higher standard making us strive for more from within ourselves and we have a massive support system along the way.”
–Juliette, an Army Veteran who graduated the program in 2023
The support system that many graduates mention is not just the Veterans Treatment Court team, but also our community stakeholders. One of the many reasons that this program can be so successful, aside from the hard work and dedication of the participants and the team, is because of the buy-in and support from our local community.
Veterans Treatment Court works closely with the local Veterans Affairs (VA) office and has an assigned liaison on the team, a Veterans Justice Outreach program coordinator, who assists VA-eligible participants by linking them to services. The
HomeBase of Florida, Lee County Human and Veteran Services, CareerSource and many more agencies to ensure participants make it through this program successfully.
Without the unflagging support from our community and team, the Lee County Veterans Treatment Court, and our participants, we would not be nearly as successful as we are!
Martin
Juliette
Shelley R. PERRY, JD Linda O. FLORES , CDP
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.
Boy Agnew Potanovic Miller, PLLC.
Boyle & Leonard & Anderson, P.A.
Burandt, Adamski, Feichthaler & Sanchez, PLLC.
Calvo & Calvo, Attorneys at Law
City of Fort Myers Attorney’s Office
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
Kagan Law Firm
Kemp & Mace, P.A.
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.
Light Path Law, P.A.
Linde Law Group
Men’s Rights Law Firm
Osterhout & McKinney, P.A.
Patrone Bentley Law Group
Pavese Law Firm
Robert Harris Law Firm
Roetzel & Andress, L.P.A.
Holz-Santospirito Family Law
Scarmozzino/King Trial Lawyers
Schmucker & Lavy Legal, PLLC
School District of Lee County
Sheldon E. Finman, P.A.
Sheppard Law Firm
Simmons & Cook, PLLC
Spivey Law Firm, Personal Injury Attorneys, P.A.
Strayhorn, Persons-Mulicka & Fisher, P.L.
Viles & Beckman, LLC
Wilbur Smith, LLC
Yeslow, Koeppel & Anderson
Your SOUTHWEST FLORIDA
Scott T. Moorey
Criminal Defense Attorneys
THINGS
YOU DON'T KNOW ABOUT ME u Julie Moore
1. I would say my greatest professional accomplishment was retiring from the U.S. Army after 30 years of service. Since retiring in 2019, I have had a successful Mobile Notary business, completing certifications as a Trust Delivery Agent and Loan Signing Agent.
2. My advice to young lawyers is to trust the process. I truly believe we are "who" we are, and we are "where" we are, based on the choices we make, the people we meet and the paths we walk. It's all a process to become the person you want to become. Therefore, be mindful of your choices, the people you call friends and the decisions you make.
3. My son, during his senior year of high school, auditioned and was selected to play for the Army All American Marching Band. He was selected out of 1,000 other seniors in the nation to play snare drum, making him ranked as the thirdbest snare drummer in the U.S. and first in the state of Kentucky! As a result, we attended the Army All American Bowl in Houston, Texas.
4. I was born and raised in Jacksonville. However, when the Army assigned me to Tampa, I fell in love with the Gulf side of the state. My husband and I bought a home in North Fort Myers, close to our best friends and moved almost immediately. We have joined both the North Fort Myers and Cape Coral Chambers of Commerce, and I joined LCBA to get more involved with the community.
5. I love to read or listen to books. If you ever have a chance to read The Traveler's Gift by Andy Andrews, it will take you on a journey through time to meet historic figures such as Abraham Lincoln, King Solomon and even Anne Frank – all figures I would love to meet and sit and learn from. They each had their challenges in life, and their lessons learned are food and wisdom for us to not only be successful in life or business, but also to be better humans.
IN THE NEWS
PAVESE CELEBRATES 75 YEARS
Congratulations to Pavese Law Firm! Since 1949, this local firm has expanded from a general practice firm to serving clients across significant areas of law, including agricultural, banking and finance, business and corporate, civil litigation, condominium and homeowners’ associations, construction, environmental and water, estate planning, probate and trusts, land use and local government, and real estate law. Today, Pavese has offices in Fort Myers, Cape Coral and West Palm Beach with more than 20 experienced attorneys.
CONSTITUTION DAY
PRAISE FOR PEREZ
The Broward County Bar Association has recognized Lee County’s own Judge Gilberto Perez, 20th Judicial Circuit Court of Florida during its Fifth Annual “The Florida, Jurist” Recognition of Hispanic Excellence. The live viewing party took place on Wednesday, October 9.
Members of the Bar, Bench and local community gathered on the front steps of the Federal Courthouse in Downtown Fort Myers to mark Constitution and Citizenship Day in September. This federal observance is especially aimed at celebrating those who have become U.S. citizens. The program featured keynote remarks by the Honorable Justice Renatha Francis of the Florida Supreme Court, as well as a naturalization ceremony, a reading of the Constitution and opportunities for voter registration.
AWARD-WINNING THINKING
The Association of Family Law Professionals (AFLP) awarded Danielle Levy Seitz with its annual Hugh E. Starnes “Think Outside the Box” Award. The award is given to a member of AFLP in recognition of his or her leadership, critical thinking, innovation and dedication to non-adversarial practice. The mission of AFLP is to make divorce less traumatic, less expensive and less time-consuming.
Danielle Levy Seitz is a partner with Aloia, Roland, Lubell & Morgan, PLLC. Her primary focus is representing clients in dissolution of marriage, paternity, child custody, relocations, modifications, domestic violence and adoptions. She enjoys being a strong, dependable advocate for her clients through what is often the most stressful and emotionally trying time in their lives.
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.
BRONZE
Are Here to Help
Since 1990, Parvey & Cavenago have been serving the Fort Myers and Cape Coral areas, seeking justice and entitlements for those who have been wronged. The firm provides representation through its caring, experienced attorneys who have been providing strong case resolution for years.
Focused on delivering exceptional customer service, Parvey & Cavenago offers 24/7 access to professional guidance for its clients to help navigate a process that can be confusing, complicated and daunting. The firm employs capable and devoted personal injury attorneys to offer a comprehensive
set of litigation services to its clients. As professionals in the legal field, the Parvey & Cavenago team is dedicated to handling each case competently and adequately to obtain the evidence necessary to get a full and fair compensation for the victim.
The firm’s special practices are not limited by its willingness to go above and beyond. Clients never pay a fee, unless Parvey & Cavenago wins for them – and its testimonials speak volumes about the firm’s commitment and effectiveness in securing favorable outcomes.
Exertional Heat Stroke
Ty Roland and Evan Lubell together with the determined family of Zachary Martin, an EHS victim, fought relentlessly for justice, leading to a large settlement with the Lee County School Board and the 2020 creation of the Zachary Martin Act.
(239) 334-0047
Fax (239) 334-0523
LEEBAR.ORG
Robbie Roepstorff, President and Geoffrey Roepstorff, CEO
Congratulations trom the oldest locally owned and chartered community bank in Lee County. Edison National Bank/Bank of the Islands is honored to support organizations like yours celebrate milestones every day!
With a 27-year history of stability and resilience, we serve as a trusted and responsive banking partner by building strong relationships and providing safe, modern banking solutions.
