Res Gestae - Aug. 2024

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

WONDER WOMAN

How The Florida Bar President-Elect Finds Balance Amidst Many Roles

FPO Need HR Photo

TRIM Notices On the Way

PRACTICE SECTION: LLA UPDATE

AUGUST 2024

Law Office of John D. Mills 35 years practicing in Lee County Courtrooms

Domestic Violence Injunctions & Criminal Defense

( 2 3 9 ) 27 1 -28 1 0 | J D M L AW- F T M .C O M

Pine Island Sound Mysteries

by John D. Mills The Pine Island Sound Mysteries series follows divorce attorney, Beth Mancini, and her long-time boyfriend, Frank Powers, a state prosecutor. Their divorce and criminal cases are intertwined with each other, and together, they help solve murder mysteries set on the islands of Pine Island Sound.

Captiva Coven

Cayo Costa Cross

Pineland Gold (Bronze winner from Florida Authors & Publishers Association for Mystery 2018)

The Hooker, the Dancer and the Nun

The Trophy Wife Divorce

(Silver winner from Florida Authors & Publishers Association for Adult Fiction 2016)

Additional mysteries: The Objector | The Manatee Murders | Reasonable and Necessary P I N E I S L A N DS O U N D M YST E R I ES.CO M

BOOK REVIEW

Vol. 82, No. 1 January 2008 Pg 53 Book Reviews | Reviewed by Matt Aguero, Journal and News Law Clerk

Sworn Jury, By John D. Mills

When Ft. Myers attorney and infamous playboy, Bryce Cervante, is found dead the morning after a formal fundraiser at the Edison Home, everyone suspects Dallas Kelley. Kelley, a Florida real estate mogul, swears he is innocent but when the murder weapon is found in his car the state charges him with the sadistic murder. The whirlwind story of Kelley’s trial and the secret lives of everyone involved make Sworn Jury, the fourth novel

by Ft. Myers native John D. Mills, tough to put down.

Defense attorney Ray Harrison agrees to represent Kelley, however, his ties to the twisted case are much deeper than even he knows. Known as the “Killer Lawyer” because of a dark incident in his past, Harrison struggles to unravel the mystery of Cervante’s murder while he fights to keep his troubled personal life under control. Since his wife left him for an older, more successful attorney, Harrison’s life has been in a downward spiral and he realizes that this case is either the key to getting his life back on track or the final step in his self-destruction.

Opposing Harrison is state prosecutor, Brian Spere, who lives his own troubled home life. Unfortunately for Spere, the evidence against Kelley is mostly circumstantial and he soon finds himself in a hard-hitting, and sometimes personal, clash with Harrison.

In addition to battling the state prosecutor, Harrison is seemingly working against his current girlfriend who is also an ambitious reporter assigned to cover the Kelley case and the self-serving judge whose morals are questionable at best.

Throughout the novel, Mills explores numerous interesting legal theories and he is able to keep the informed reader’s attention while explaining legal ideas to the layman. Because of this balance, Sworn Jury keeps a rapid pace as it delves into the sordid lives surrounding the Kelley murder trial.

Sworn Jury is published by Author House and is available online for $14.49.

Available in paperback and Kindle on PineIslandSoundMysteries.com

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AUGUST 2024

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Get the Scoop on Love Boat Ice Cream Lauren Baugh

THE DISH

LETTER FROM PRESIDENT

Helping At-Risk Lawyers Hon. Kathy Smith

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100 CLUB

LETTER FROM EXECUTIVE DIRECTOR

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August Activities Lauren Baugh

MEMBER SPOTLIGHT

Tyler Baillargeon

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SPECIAL EVENTS CALENDAR

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LEGAL LENS

An Un-Burrito-able Time

ETHICALLY SPEAKING

Lawyers Beware When a Bar Complaint Arrives By Mail Henry Lee Paul, Esq.

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COMMUNITY CONNECTION

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Improving the Lives of At-Risk Children

PRACTICE SECTION

Getting into the Zone Zachary A. Liebetreu, Esq.

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YOUNG LAWYERS DIVISION

What Mental Health Resources Are Available?

Tyler Baillargeon, Esq.

IN THE NEWS

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THANK YOU SPONSORS

ON THE COVER

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INTERIOR FEATURE

A Historic Florida Bar President-Elect Rosalyn Sia Baker-Barnes

Trim Notices on the Way Matt Caldwell, Lee County Property Appraiser

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SPONSOR SPOTLIGHT

Cogent Bank

AD DIRECTORY Aloia, Roland, Lubell & Morgan, PLLC Boy, Agnew, Potanovic, Miller Brazzeal Mediation Business Observer Christina Mehta, LLC Realtor Dal Lago Law DeMine Immigration Law Firm Donna (Tisch) Lugar Edison National Bank 6 LEEBAR.ORG

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Henderson Franklin Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Law Offices of John D. Mills Mediate Ody Musca Law Office, Inc. Pavese Law Priority Marketing Roetzel & Andress

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Roetzel & Andress Ruth Ladas Senior Advocacy Group Spivey Law Firm Personal Injury Stockman Mediation The North Law Firm, P.A. West Islands Realty, Inc.

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For over 30 years, we have been representing clients in Accident and Injury cases.

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Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Family Law Custody & Support Cases Hurricane Property Damage Claims Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials Workers Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip & Fall Accidents Negligent Security Cases Attorney Joseph North Settlements

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AUGUST 2024 7 5220 Summerlin Commons Blvd., Suite 300 | Fort Myers, Florida 33907

PRESIDENT'S LETTER

Helping At-Risk Lawyers My efforts as president of the Bar Association for 2024 are laser focused on offering free, confidential mental health and substance abuse assistance for members of our legal community who are in need.

This was no easy task, but a very strong committee of local lawyers and judges have done a tremendous amount of work to make this dream a reality! Under the leadership of our superstar co-chairs, Holly Cosby and Dawn Maselli, we are ready to launch the LCBA Mental Health and Wellness Mission!

Nationally, roughly 36% of practicing attorneys qualify as problem drinkers. Alarmingly high numbers are also struggling with depression, anxiety and stress. Younger lawyers tend to be the most troubled and at-risk, though no age bracket or experience level within our profession is immune.

Furthermore, the main reasons lawyers don’t seek help for mental health or substance use issues revolve around fears about their reputation and others finding out they have a problem. Whether at crisis level or just at-risk for future problems, many lawyers are struggling, but too fearful to admit the problem and ask for support.

Even though counseling through the wellness mission is completely free and confidential for our lawyers in need, the sessions come at a cost of roughly $175 per hour, which will be paid for solely by generous contributions received from our local legal community. Thus far, we have $15,500 in donations, but we will need more money to sustain this worthwhile and lifesaving program.

Our August LCBA lunch officially launches our LCBA Mental Health and Wellness Mission. We are incredibly fortunate to have the Florida Bar Association President-Elect, Sia Baker-Barnes, as our keynote speaker, as well as a call to action by our co-chairs and myself. We are hoping for a huge turnout, so we are hosting the luncheon in the courthouse to make it as convenient as possible! Please make plans now to join us!

We need your donations to ensure the health and wellness of our legal community. Please help us help you!

Hon. Kathy Smith, LCBA President kathleens@pd20.org | 239.533.2911 8 LEEBAR.ORG

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director Lauren Baugh

Administrative Assistant Mairelis Tamayo

EXECUTIVE COUNCIL President Hon. Kathy Smith

President Emeritus Spencer Cordell, Esq.

Vice President John Miller III, Esq.

Secretary Dawn Maselli, Esq.

YLD President Joseph Coleman, Esq.

Treasurer John Dommerich Jr., Esq.

BOARD MEMBERS

JUDICIAL LIAISONS

Erin Casey, Esq. Jerry Olivo, Esq. Megan Strayhorn, Esq. Doug Szabo, Esq.

Hon. Robert Branning Hon. Devin George

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. Terry Rankin, Esq. Law Week Hon. John Carlin

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. Peter Dennis, Esq. Mental Health Initiative Committee Holly Cosby, Esq Dawn Maselli, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. Alexandra Kleinfeldt, Esq.

Immigration law Pablo Hurtado, Esq. Nirupa Netram, Esq.

Appellate Law TBA

Intellectual Property Law Mark Nieds, Esq.

Corporate Law TBA

Land Use and Governmental Law Zachary Liebetreu, Esq. Sarah Spector, Esq.

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.

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.

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AUGUST 2024 9

EXECUTIVE DIRECTOR'S LETTER

August Activities August is the BEST month of the year. Why, you ask?

Easy answer: It is my birthday month! I am celebrating the one-year anniversary of turning 40! I am not sure what I am doing for this birthday, but it cannot top last year when Steve took me on my first-ever cruise.

This month, school starts back up. There’s also the ever-growing calendar of events here at the LCBA. It’s why balance is a key word in my life, and I am sure in yours as well!

Speaking of balance, have you signed up for LCBA’s August membership luncheon? Intake Kings is sponsoring our luncheon, which features the Honorable Sia Baker-Barnes, Florida Bar President-Elect. You’ll hear about how she balances all of her many roles, including mother, partner, wife, president-elect and more. Tickets are available at www.leebar.org. If you have any issues signing up, please reach out to me and I will gladly assist you!

LCBA also has a few other super fun events planned that you should not miss out on. First at bat, there’s the Annual Baseball with The Bar event. Each year, LCBA Past President Spencer Cordell and his firm sponsor an entire suite for this amazing event.

You’ll get to hang in a casual environment with each other and our families, eat good stadium food, watch the game and get to know each other! It is a great time. If you have not had a chance to come out to this limited space event, do yourself a favor and come out, great treat before this new school year begins.

The very next day after the baseball event, LCBA will host its 2nd Annual Junk Food with Judges event. This is an exclusive YLD event where our YLD Board, steered by Joey Coleman, and the Bench get together along with all the YLD members in our circuit.

You can meet and greet, eat pizza and talk junk food. If you are new to the area, and are a YLD member, come out! This event is free with a canned good (or more) donation, which will be directed to a local food pantry.

LCBA is motivated to engage in community outreach! If you have an idea for an LCBA or YLD event, please reach out. If we can make it happen, we will! Be on the lookout for information regarding a very special project we have been working on, which will be officially announced at our August meeting!

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 Tyler Baillargeon Sia Baker-Barnes Lauren Baugh Matt Caldwell Melissa Flint Henry Lee Paul, Esq. Zachary Liebetreu, Esq. Jim Sherron Hon. Kathy Smith Lynnell Sturgeon, CFE 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.

Finally, we are in the midst of planning the annual LCBA Bench Bar Gala for this year, which will take place on October 26. Mark your calendar and look out for details, coming soon!

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102 10 LEEBAR.ORG

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SAVE THE DATE FOR 2024 SPECIAL EVENTS CALENDAR 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.

AUGUST 2024 1 Baseball with The Bar & Mighty Mussels Time: 6 p.m.

Location: Hammond Stadium at 14400 Six Mile Cypress Parkway

Cost: $30 (includes ticket, suite seat, dinner and non-alcoholic drinks) Sponsored By: Law Office of Spencer Cordell, P.A.

2 LCBA YLD Junk Food with Judges

Exclusive

Time: 12 p.m. to 1 p.m.

YLD Event!

Location: Lee County Justice Center, CR 2B

Cost: FREE entry and pizza with donation of one or more canned goods

9 LCBA RPPTL Virtual Brown Bag Time: 12 p.m. to 1 p.m.

Location: Microsoft Teams

Topic: Secured Act 2.0 Speaker: Brooke Benzio

16 LCBA Membership Meeting

Time: 11:30 a.m. to 1 p.m.

Location: Lee County Justice Center, Courtroom 1A Speakers: Hon. Sia Baker-Barnes, Hon. Kathy Smith, Dawn Maselli, Holly Cosby and Hon. Michael McHugh Cost: 10 Member, $20 Non-Member Sponsored By: Intake Kings

22 LCBA ADR Virtual CLE Time: 12 p.m. to 1 p.m.

Location: Zoom Topic: Mediation vs. Non-Binding Arbitration Speaker: John Miller III, Esq.

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SEPTEMBER 2024 2 L abor Day – LCBA and courts closed OCTOBER 2024 3 R osh Hashanah – LCBA and courts closed 17 P ro Bono Awards Happy Hour 26 B ench Bar Gala “Under the Stars” at The Veranda NOVEMBER 2024 11 V eterans Day – LCBA and courts closed 28-29 T hanksgiving – LCBA and courts closed DECEMBER 2024 6 L CBA and YLD Holiday Party at Millennial Brewing 24-26 C hristmas Eve & Christmas – LCBA and courts closed

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AUGUST 2024 13

ETHICALLY SPEAKING

By Henry Lee Paul, Esq.

Lawyers Beware

When a Bar Complaint Arrives By Mail Much depends on how bar counsel will implement this amendment. However, there is risk that the implementation of the directive will not only cause hardship to a respondent, but that it will further burden the disciplinary system because of inadequate time-stressed responses.

The initial response to a bar complaint is of great importance. The quality and thoroughness of the response can often clarify the issues and make a decision to dismiss a complaint easy for bar counsel. Further, if the case continues through the disciplinary process, the letter is a defining document that travels with the case.

The Florida Bar has announced a new policy that may severely limit the ability of bar counsel to agree to an extension of time to respond to a bar complaint, or any other deadline, in the disciplinary process. The Board of Governors amended Standing Board Policy (SBP) 15.56 in their May 2024 meeting. The amendment added a new section, SBP 15.56(e) which provides: Absent unusual circumstances, bar counsel should not agree to extend deadlines for more than 10 days and should not grant a request for extension without a reasonable factual basis for the request, and should not grant more than one extension.

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.

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The most immediate impact for those who receive a bar complaint in an envelope from The Florida Bar is that absent a “reasonable factual basis” a response will be due 15 days after the mailing. The Bar continues to send bar complaints by U.S. Mail only, despite the fact that Rule 3-7.11(c) encourages use of email in disciplinary proceedings. Before this amendment, one extension of 10 days was given as a matter of course upon request.

As a result of the amendment, unless unusual circumstances exist, only one extension of no more than 10 days will be given.

A thorough response, especially with complicated factual circumstances, may require ordering and reviewing transcripts or other evidence that takes a substantial amount of time to gather.

Other time commitments, such as trial or even long-planned vacations, may impose on the availability of a respondent or defense counsel.

Even the process of obtaining defense counsel may be time consuming.

The irony of this amendment is that in recent years, The Florida Bar has been very slow in processing complaints. There has been a substantial attrition of bar counsel. Many consider the disciplinary process as being overburdened and underfunded. It is not uncommon for a bar complaint to linger for over two-years before being dismissed.

The Florida Bar has placed a great emphasis on professionalism and civility. According to Professional Expectation 6.4, this requires a lawyer to accede to reasonable requests for extensions.

It is expected that bar counsel will keep this in mind when considering requests for extension of time throughout the disciplinary process.

I urge all lawyers who receive a bar complaint to deal with it promptly. This is especially important in light of this new restriction on the ability of bar counsel to accede to a request for extension of time.

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PRACTICE SECTION

By Zachary A. Liebetreu, Esq.

GETTING INTO

THE ZONE

On May 16, 2024, Governor DeSantis signed Senate Bill 328, which clarifies provisions of the Live Local Act (LLA). Originally passed in 2023, the LLA incentivized mixed-use and multifamily developments, overriding local zoning regulations.

In essence, the original LLA provided that local governments must administratively approve development of a mixed-use or multifamily residential project, which, in mixed-use, commercial or industrial zoning, provided at least 40 percent of the residential units in a project be affordable to individuals making up to 120 percent of the local area median income, for a period of at least 30 years.

Such a project would obviously require an increase in density and height. The LLA mandated that projects meeting the threshold requirement receive the maximum allowable density afforded anywhere within the jurisdiction.

Similarly, municipalities are required to approve a maximum height of three stories or the highest permitted height within one mile, whichever was greater.

An associate attorney at Roetzel and Andress, Zachary represents clients in zoning and land use matters, including environmental permitting, water use permitting, and state and local code compliance. He also represents local government entities, counseling on management and operational decisions. Additionally, Zachary represents contractors seeking to enforce their construction lien rights.

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The new law slightly modified the provisions for height, by reducing height maximums for single-family areas. Now, height is restricted when a project has at least two adjacent singlefamily zoned parcels and twenty-five or more contiguous single-family homes. The restriction sets a maximum for these parcels of 150% the height of the tallest adjacent building, or three stories, whichever is greater.

While the original LLA addressed use, density and height, it did not contemplate floor area ratio (FAR). Thus, the new law provides at least 150 percent of the maximum floor area ratio permitted within the jurisdiction for qualifying projects.

The new law clarifies that the terms “maximum allowable density,” “maximum permitted height” and “maximum floor area ratio” do not refer to that which is allowed through bonus, variances or special exceptions. Rather, it is the entitlements plainly allowed under the land development regulations.

The LLA originally only provided that municipalities must consider reducing the parking requirements for projects within one-half mile of a major transit stop. Now, there are two parking entitlements.

First, municipalities must reduce parking requirements by at least 20% for projects within one-half mile of an accessible major transportation hub. “Major transportation hub” is defined as any transit station, whether bus, train or light rail, that is served by public transit with a mix of other transportation options. To receive the 20% reduction, on-street or off-street parking facilities must be available to residents within 600 feet. Second, parking requirements are eliminated entirely for projects within a “transit-oriented development,” as recognized by the County.

Notably, the original LLA only applied to projects with 100% rental units. Now, only 40% of the units are required to be rentals and the remainder can be owner-occupied units, including singlefamily homes, townhomes and condominiums.

Thus, opening a greater variety of development options and opportunities.

If you have any questions regarding land use law or any general questions about the Land Use Section of the Lee County Bar Association, feel free to reach out to me at zliebetreu@ralaw.com.

AUGUST 2024 17

YOUNG LAWYERS DIVISION

By Tyler Baillargeon, Esq.

What MENTAL HEALTH Resources Are Available?

It goes without saying that the legal profession can be one of the most demanding, exhausting and overwhelming career paths to choose. The purpose of this article is to provide resources for those struggling or who just want to proactive with mental health issues such as depression, fatigue, anxiety and burnout.

Some of the common causes of burnout, depression and anxiety result from our own unwillingness to seek help when we know we need it. It is far too easy to get bogged down in work or life, and we forget to put ourselves first.

In a recent continuing legal education seminar, I had the opportunity to hear from the Florida 18 LEEBAR.ORG

Bar President Honorable Roland Sanchez Medina Jr. He stated, in regard to mental health, “We do this to take care of our family. We can’t do that unless we put ourselves number one.”

This statement resonates with me because, as attorneys and as human beings in general, we strive to meet our clients, bosses, families and friends at their highest level of expectations.

There is a common, sometimes habitual tendency in this career, and even in our lives, to set goals and make time commitments without setting much needed time for ourselves. The following are statistics from the Florida Bar Mental Health and Wellness Center regarding lawyers.

21-36%

28%

of attorneys qualify as problem drinkers. Higher for men, < 30, and solo practitioners

of lawyers report mild or higher depression symptoms. Highest for men, solo practitioners

23%

19%

of lawyers report mild or higher stress symptoms. Highest for women, solo practitioners

of lawyers report mild or higher anxiety symptoms. Highest for women, solo practitioners

Resources include the following: • LCBA’s Mental Health and Wellness Mission (MHWM) provides any and all active Florida Bar attorneys practicing in Lee County with six free, confidential therapy sessions, as well as access to a network of Lee Health-trained peer liaisons and training opportunities.

• Florida Lawyers Helpline at (833) 351-9355 is a completely free and confidential service that connects members with professional counselors. You may be referred for up to five (5) free counseling sessions per year to help develop strategies to overcome life’s challenges, balance priorities, and better handle both personal and professional pressures.

• The Florida Bar produces free health and wellness webinars, videos and podcasts, many of which are eligible for continuing legal education credit.

• There is also a well-being toolkit for lawyers and legals employers. This toolkit provides an abundance of methods, ideas and practices to implement into your life and your legal practice.

• There are articles, audio meditations, books and research that provide numerous ways to maintain and manage mental health issues.

According to the Florida Bar Mental Health and Wellness Center, lawyers rank fourth in proportion of suicides by profession. If you are suffering from mental health related problems or are just looking to be proactive in your mental health maintenance, take some time to review these resources.

The Florida Bar provides an incredible library of resources for lawyers who are battling mental health or just being proactive in their mental health maintenance. Scan this article’s QR code for direct access, or visit floridabar.org/member/ healthandwellnesscenter.

Tyler’s practice at Goede, DeBoest & Cross, PLLC. focuses on condominium and HOA law. His primary responsibilities include drafting a wide range of community association documents, providing essential guidance and advice to community association boards of directors and covering all aspects of community governance, which include statutory and documentary interpretations, covenant enforcement and contract review.

AUGUST 2024 19

INTERIOR FEATURE

By Matt Caldwell, Lee County Property Appraiser

TRIM Notices ON THE WAY!

TRIM Season is in full swing at the Lee County Property Appraiser’s office, which means Lee County property owners are on the lookout for their Notice of Proposed Property Taxes. This formal communication is prepared by my office and coming to your mailbox soon! The annual mailing is sent in mid-August to all Lee County residential and commercial property owners, as required by law.

This official document is often ignored or mistaken for junk mail, but it contains important information about your property taxes and should be examined carefully. If you do not receive your notice in a timely manner, or accidentally file yours in the shredder, all is not lost! Current and historical notices are available for download on our website at www.leepa.org, where you can preview your notice, save it to a digital file or print the document for your records.

Better Known as the TRIM Notice

Matt Caldwell is a seventh generation Floridian. He holds a bachelor’s degree in history from FGCU and a master’s in geomatics from University of Florida. Matt served in the Florida House of Representatives from 20102018 and was elected to serve as Property Appraiser in 2020.

He lives in Lee County with his wife, Yvonne, and daughter, Ava.

20 LEEBAR.ORG

The Notice of Proposed Property Taxes is commonly known as the Truth in Millage (TRIM) Notice in honor of the Truth in Millage Act, which was passed by the Florida Legislature in 1980. Truth in Millage was designed to keep taxpayers fully informed which taxing authorities are responsible for the taxes levied and the amount of tax liability owed to each one.

The law established statutory requirements

for all taxing authorities levying a millage to follow, including maximum millage levies for counties, municipalities and special districts.

The law also prescribed requirements for all notices and budget hearings, which is why taxpayers receive a TRIM Notice.

Why Is the Notice So Important?

Not everyone likes surprises, especially when it comes to their taxes! The purpose of your TRIM Notice is to notify you about changes in your November tax bill, including your ad valorem property tax estimate and the proposed tax rates for the coming year.

The Property Appraiser does not collect taxes or set the proposed tax rates. Rather, the taxes are collected by the Tax Collector and the rates are set by the local taxing authorities based on their budgetary needs.

Understanding Your TRIM Notice The Florida Constitution requires the Property Appraiser to determine the market, or “just” value of all property within the county each year, as of January 1. In Florida, market value is considered the most probable sale price for a property in a competitive, open market between a willing buyer and a willing seller. Your market value is the amount assigned for tax purposes and located at the top of your Notice.

Next, you’ll see your assessed value, which is your market value minus any assessment reductions, like the “Save Our Homes” benefit, or an agricultural classification. Any exemptions you qualify for will also be itemized on the notice,

such as the homestead exemption, veterans’ disability and charitable exemptions. Exemptions are applied to the assessed value, including deductions for agriculture, conservation or historic preservation.

The taxable value listed on the notice is your assessed value minus the exemptions you qualify for. In some cases, your assessed and taxable values may vary by taxing authority, because certain assessment reductions and exemptions may not apply to all levies and discounts.

If You Disagree with the Notice Examine your notice closely to confirm that the Property Appraiser’s valuation is correct. If you think the proposed taxes are too much, or the tax rates are too high, take part in the decision-making process and contact the appropriate taxing authority to voice your concerns or objections. The notice includes their contact information, and the dates and locations for the budget hearings.

for is not reflected on the notice, you may file a petition with the Value Adjustment Board (VAB) at the Lee County Clerk of Court to preserve your taxpayer rights. If you decide to file a petition, do not delay! The filing deadline is 25 days from the date of the mailing of the notice.

We recommend you also contact the Property Appraiser’s office to schedule an informal conference, so we can answer your questions and listen to your concerns. Please have your evidence available to support your opinion. If we discover a discrepancy in our valuation, your value will be adjusted accordingly, and you won’t need to use the hearing process.

Don’t be Taken by Surprise!

If you feel the Property Appraiser’s valuation of your property is inaccurate, or an exemption or classification you’ve applied

Reviewing the details on your TRIM Notice helps you stay informed about your property taxes. It gives you enough time to seek clarification if you disagree with the information presented. It also provides an opportunity to offer feedback to your local taxing authorities and keeps you engaged in the tax assessment process. As always, if you have any questions just reach out, the Property Appraiser is here for you.

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AUGUST 2024 21

A Focus on the Next Generation Meet Florida Bar President-Elect & Our August Lunch Speaker

Rosalyn Sia Baker-Barnes, the president-elect will be the first Black woman to lead The Florida Bar. While stepping into the presidency of The Florida Bar will be new, the title won’t.

Baker-Barnes has also served as the first Black woman president of the Palm Beach County Bar. She also served on the Bar’s Board of Governors since 2018, sitting on its Executive Committee since 2020. She has also co-chaired the Bar’s COVID-19 Taskforce and chaired the Program Evaluation and Legislation committees.

She was also a new member of the Palm Beach County Bar Association Board of Directors in 2013, the year when Eugene Pettis became the first Black president of The Florida Bar. “Pettis left big shoes to fill and made us all proud. He did an amazing job, and really set an amazing example for all of us,” said BakerBarnes.

backgrounds to be successful. We have to invest in their success.”

As Baker-Barnes develops goals for her presidency, she is conscious of how mentoring new lawyers is relevant to The Bar’s job of regulating the practice. Because when lawyers aren’t properly trained, they are prone to make mistakes, and mistakes can lead to discipline.

She wants to focus on helping new lawyers transition more seamlessly into practicing law.

“I would like to see us study the growth of our profession. Where are we in terms of practice areas?

Who comprises that practice in those areas, and how long are we staying?”

Baker-Barnes said. “And if we are not staying in the profession, why are we leaving?”

Now, a decade later, Baker-Barnes has followed in his footsteps, breaking another barrier. In December, she was elected as the first Black woman president of the Bar. She attributes this triumph, in part, to her parents.

They told her she could do anything she wanted.

Pettis was a perfect example of this.

That’s what’s on her mind as she reflects on this historic moment: setting an example, as an example was once set for her. “It was so impactful because so many people saw that this could be done, and I think, perhaps subconsciously, saw that they could do it too,” Baker-Barnes said.

“I was one of them.”

A Vision for the Future When she becomes president, she plans to do more than embody possibilities. “I can do the greatest good by being an asset to those that will come after me,” Baker-Barnes said. “That is one of my goals, hopefully, as president, is to try to help bridge the gap for our young lawyers of all

“That’s one of our responsibilities,” BakerBarnes said. “To try to avoid the problems before they begin.”

Another way the Bar could help young or new lawyers get proper training is to invite different types of attorneys to get involved with the organization such as in-house, corporate counsel, and lobbyists.

“I have so many young lawyers that ask, ‘How do I do that?’” said Baker-Barnes, a BoardCertified Civil Trial lawyer specializing in personal injury, medical negligence, and product liability cases. “There are lawyers that never step foot in a courtroom and there’s absolutely nothing wrong with that.”

Leading By Example Baker-Barnes has been serving alongside Roland SanchezMedina, Jr., who was sworn into he Bar presidency at the Annual Bar Convention in June.

Baker-Barnes will ascend to the office a year later. For his part, Sanchez-Medina is “so excited.”

“She has been a leader since day one on the Board of Governors,” said SanchezMedina. “We are fortunate to have someone with her skill set lead the Bar. Sia is as good a person as you can find, and I am proud to call her a friend.”

Westheimer predicts the Sanchez-Medina and BakerBarnes leadership team will be “one of the best” in Bar history.

About Baker-Barnes, he said, she has “innate leadership skills that you can’t teach.”

“If I were to offer her advice, it would be to trust your instincts,” Westheimer said.

Eugene Pettis

But her point goes beyond the pure practice of law, into the business side of things. She credits President Scott Westheimer with rolling out Nota, a software program that is free to Bar members and helps them manage their trust accounts.

And, her point also goes beyond training in general. Investing in attorneys of divergent backgrounds means respecting their cultures and responsibilities.

Baker-Barnes has spent her entire 23-year legal career at Searcy Denney Scarola Barnhart & Shipley in West Palm Beach. “My partners were very supportive of me during the years when I was having children. I tried cases with young children in tow, and the firm supported me every step of the way,” she said.

AUGUST 2024 23

A Dynamic Duo Baker-Barnes has been serving alongside Roland SanchezMedina, Jr., who was sworn into the Bar presidency at the Annual Bar Convention in June.

Baker-Barnes will ascend to the office a year later. For his part, Sanchez-Medina is “so excited.”

“She has been a leader since day one on the Board of Governors,” said SanchezMedina. “We are fortunate to have someone with her skill set lead the Bar. Sia is as good a person as you can find, and I am proud to call her a friend.”

Westheimer predicts the Sanchez-Medina and BakerBarnes leadership team will be “one of the best” in Bar history.

About Baker-Barnes, he said, she has “innate leadership skills that you can’t teach.”

“If I were to offer her advice, it would be to trust your instincts,” Westheimer said.

Scott Westheimer

But that isn’t the case everywhere. Research published in 2023 by the American Bar Association shows women are leaving firms because they aren’t supported in their roles as mothers. And, in general, burnout is high among lawyers. Lawyers of all kinds, but especially women, who now enroll at higher rates in law school than men, are leaving the profession in droves. Baker-Barnes said she wants to better understand the causes of this phenomenon.

And if Baker-Barnes could offer advice to new lawyers, it would be, “get outside of your comfort zone.”

Gaining Board Experience So how did Baker-Barnes get out of her comfort zone and build the path that led her to the presidency? It started when she became pregnant with her oldest child, Selia, who is now 15. She had been traveling the state working for the Florida Justice Association, which represents trial lawyers.

And while she had been volunteering with the Palm Beach County Bar, she wanted to be more involved locally, a decision that jump started her leadership development. “I chaired a number of committees focusing on ensuring that our legal community was open and receptive to all, making sure that, where we had the opportunity, to provide pathways for leadership, advancement and new ideas on how to continue to enhance our profession,” Baker-Barnes said.

“I had no idea that it would lead to me running for the board of directors of the Palm Beach County Bar, which I did, and eventually, becoming president of the Palm Beach County Bar Association,” she added.

Roland Sanchez-Medina, Jr.

After Baker-Barnes saw that she could have such an impact locally, she thought perhaps she could do the same statewide. Her work connected Baker-Barnes to many Bar leaders who encouraged her to run for the Board of Governors while she was still president of her local bar.

By that time, she had three children: daughters Selia and Emri, and her youngest, Edan. “I was actually thinking while I was president, ‘When I’m done with this, I’m going to slow down,’”

24 LEEBAR.ORG

said Baker-Barnes. “And then boom — here I am running for the Board of Governors.”

She called her work on the board “one of the greatest honors of my career and highlights of my career.”

Like Baker-Barnes, many Bar presidents have developed the skills and the relationships that proved crucial to their leadership role through their work on the Board of Governors.

Behind-the-Scenes Support As Baker-Barnes will explain during our upcoming August 16 luncheon, she would not be able to even think about managing a career, Board or Bar service and parenting without her husband of over 20 years, who has supported her and cheered her on every step of the way. “Edrick wants me to be the best I can be and does everything in his power to help me do it. We are a team.”

She and her husband have tried to instill in their kids the same values their parents instilled in them: hard work, drive, commitment, service, giving back, and focusing on causes they care about.

She deeply admires her parents, Rosalyn Baker and Moses Baker, Jr., who are both retired. Rosalyn Baker was the head of the state Department of Corrections offices in Palm Beach County. Moses Baker served as a judge for more than 25 years. Her dad and Eugene Pettis are longtime friends.

So, it wasn’t just Pettis who showed Baker-Barnes how to break barriers and become the most fully realized version of herself after all. That image of excellence was all around her growing up. “My parents would often say, ‘The only impossible journey is the one you never begin.’ They were teaching me to trust myself and test my limits and see where I would go,” she said.

It paid off. Now, she wants to help show the next generation how it’s done.

AUGUST 2024 25

THE DISH

By Lauren Baugh

It is summertime, and no matter where you are in Florida, summer means hot. And what do you want when you are hot? ICE CR E A M! Everyone has their go to flavor or flavors. Mine happens to be cookies and cream, and has been since the first time I tried ice cream as a child. Since then, I have expanded to a few other favorites including brownie batter, banana pudding and black raspberry.

Now, if you are a Fort Myers local, or have lived here for a while, you already know the destination I am about recommend… Love Boat Ice Cream! In Lee County, Love Boat Ice Cream is a household name for their frozen treats, and

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.

26 LEEBAR.ORG

now can be found in many retailers, restaurants and the like throughout town. Its iconic mural, originally painted by Betty Warner, features two schoolchildren enjoying an afterschool ice cream For many, it’s a nostalgic brand. As a very young kiddo, I attended the YMCA summer camp. It was held in many different places back in those days. In the late 80s, that was a small mobile home community off San Carlos Blvd.

Weekly, we would take a field trip on foot about 50 feet to their first location, where we could buy a scoop or two of the yummiest, most creamy and sweet ice cream. The space was tiny, and the line never short, but oh-so-worth it. Love Boat

Did you know they opened in 1967, they have been serving up scoops of love for nearly 60 years? If you have tried the treat, you know why they are still so successful. Now, summer or not, I can bring my daughter there and get the highest quality and yummiest ice cream. Her go-to is a milkshake made up of both cookies and cream and mint chip, or grasshopper.

Not a fan of ice cream? They have sorbet and fat-free ice cream options. Unable to eat sugar?

No need to get heated up... They have refreshing sugar-free treats for you!

Now with five convenient locations, you can reach Love Boat Ice Cream via a quick drive from anywhere in Lee County. And, if you are having an event, they will come to you! One of my good friends, Carli, got married and, to our surprise, hired Love Boat for guests. It was a big hit! Love Boat brought their ice cream cart and hand scooped ice cream, to order, for all her guests. It really was a sweet addition to the wedding! 10/10 would recommend doing this at your wedding, or even a corporate event.

If you have family or friends in town, or it’s Saturday and you want to get out with your family or friends, take a break from the chaos of life and “treat yourself” to a scoop of love from Love Boat Ice Cream. Everyone will enjoy it!

Here are just a few of Love Boat Ice Cream’s classic and seasonal flavors. There are low-fat, sugar-free varieties, too!

CO OL F LAVORS

had so many ice cream flavors, almost anything you could think of, even back then. The list has grown to about 100 since then! It was truly the highlight of the week for us campers.

Banana Cream Pie Birthday Cake Black Raspberry Chunk Blue Moon Blueberry Cheesecake Brownie Batter Butter Pecan Cherry Vanilla Chocolate Almond Chocolate Peanut Butter Cinnamon Caramel Pecan Coconut Almond Fudge Coffee Toffee Cookie Dough Cookies and Cream Dirty Turtle French Raspberry Supreme Gator Tracks Grasshopper Heath Bar Crunch Key Lime Pie Mango Sorbet Maple Walnut Mint Chocolate Chip Mudslide Orange Pineapple Pistachio Pralines and Cream Raspberry Cheesecake Red Velvet Cake Rum Raisin Salted Caramel Bacon Watermelon Sorbet

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AUGUST 2024 27

100 CLUB

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.

GrayRobinson, P.A.

Patrone, Kemp & Bentley, P.A.

All Injuries Law

Green, Schoenfeld & Kyle, LLP

Pavese Law Firm

Aloia, Roland, Lubell & Morgan, PLLC.

Hahn, Loeser & Parks, LLP

Roetzel & Andress, L.P.A.

Arend & Sisk, P.A.

Kagan Law Firm

Holz-Santospirito Family Law

Associates & Bruce L. Scheiner, P.A.

Knott Ebelini Hart

Scarmozzino/King Trial Lawyers

Boy Agnew Potanovic Miller, PLLC.

Law Offices of Dennis L. Webb, P.A.

School District of Lee County

Boyle & Leonard & Anderson, P.A.

Law Offices of Michael M. Raheb, Criminal Lawyer

Sheldon E. Finman, P.A.

Law Offices of Scott T. Moorey

Simmons & Cook, PLLC

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.

28 LEEBAR.ORG

Lee County Legal Aid Society, Inc. Light Path Law, P.A. Linde Law Group Men’s Rights Law Firm Osterhout & McKinney, P.A.

Sheppard Law Firm Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn, Persons-Mulicka & Fisher, P.L. Viles & Beckman, LLC Wilbur Smith, LLC Yeslow, Koeppel & Anderson

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1. There are a lot of sports stars around the Fort Myers area.

I once met Andy Dalton at a hotel. He was a quarterback for the Bengals, and now he is on the Panthers. I met Nate Allen, a former safety for the Eagles, at a local church and bumped into Sammy Watkins, who is a wide receiver for the Bills, at Lakes Park. Also, I went to Cypress Lake High School with Jayron Kearse, who is now the safety for the Cowboys.

2. I was born and raised in SWFL. My favorite part of living here is being where many vacation. I enjoy the short drive to the beaches, the ability to golf year-round and the warm weather. There is nothing like the feeling you get when you finally hit a golf ball straight and onto the green.

3. My greatest professional accomplishment still remains the first settlement that I received for my client, which was the full amount she was asking for. It was the first time in my legal career that I was able to put the skills I learned to practice, and achieve the highest obtainable goal my client wanted.

4. The advice I would give to my younger self is to focus on and set goals for each day, and make sure you are staying connected to your family and friends. One of the most important things in life is who you know, and the relationships and network that you build.

5. On my wall are my grandfather’s WWII medals and a newspaper article with stories of his time in the military. He was man who truly never quit and refused to surrender to old age. The year he passed at 95, he still worked, drove and lived at his home with his dog all by himself. He was truly a testament to what it means to work hard and never give up.

AUGUST 2024 29

LEGAL LENS

An Un-Burrito-able Time

6

The Young Lawyers Division (YLD) recently hosted its 4th Annual Burritos with the Bench event in late June. During the lunch held at the Lee County Justice Center, young lawyers had the opportunity to meet and greet with the 20th Circuit and County judiciary. The festive spread included nachos, burritos, tacos and more!

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1. Lauren Baugh and Hon. Kathy Smith 2. Katherine Camadeco, Judge Geoffrey Gentile, Hon. Kathy Smith 3. Judge Kim Davis Bocelli, Holly Cosby, Judge Lindsay Garza 4. Joey Coleman, Gabriel Arbois, Anna Kegelmeyer, Kevin Huguelet 5. Judge Nicole Mirra, Danielle O'Halloran 6. Joey Coleman, Kati Cook, Iman Zekri, Hon. Kathy Smith 7. Chief Judge Frank Porter, John Dommerich Jr, Judge Nicholas Thompson, Abe Thornburg 8. Judge Lindsay Garza, Judge Nicole Mirra, Danielle O'Halloran, Judge Kim Davis Bocelli

4 30 LEEBAR.ORG

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9. Judge Geoffrey Gentile, Danielle O'Halloran, Michael Corso, Judge Nicholas Thompson, Judge Kyle Cohen

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AUGUST 2024 31

COMMUNITY CONNECTION

Improving the Lives of At-Risk Children

Founded in 1981, the mission of the Children’s Advocacy Center of Southwest Florida (CAC) is to provide a coordinated response to child victims of abuse and neglect, and also to improve the lives of at-risk children and their families through prevention services.

At CAC, we assess and treat children believed to have been physically or sexually abused, or to be at-risk of such abuse, and a provide a safe place for them to come and be heard.

We offer abuse determination services as well as therapeutic counseling, parenting education and prevention programs in Lee, Hendry, Glades and Charlotte Counties.

The Children’s Advocacy Center of Southwest Florida is one of the largest children’s advocacy centers in the state of Florida and the only one in the four-county area. CAC is accredited by the National Children’s Alliance and supported by many local partners, such as the United Way. 32 LEEBAR.ORG

By the Numbers 1,400 children treated with crisis intervention services

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IN THE NEWS SUMMER ASSOCIATES ARRIVE AT PAVESE Pavese Law Firm in Fort Myers, Florida, is thrilled to welcome three law students for their 2024 summer associate program.

Chosen from the Class of 2025 are Warren Mostrom, of Stetson University College of Law, and Andre Eaton, from the University of South Carolina Joseph F. Rice School of Law. They are joined by rising 2L Robert Layman from Cumberland School of Law in Birmingham, Alabama.

ON THE MOVE AT DEMINE IMMIGRATION LAW FIRM Idania Gomez recently joined DeMine Immigration Law Firm to serve as its new summer law clerk.

A first-year law student at Ave Maria School of Law, Idania is working on the Removal Defense team and supporting cases involving investorentrepreneur visas and national interest waivers.

Additionally, Legal Assistant Arelda Ambrocio has been promoted to paralegal. In this new role, Arelda will be working on investor and employment visas, removal defense cases, national interest waivers and more.

NEW NAME! LINDE, GOULD & ASSOCIATES Linde Law Group is proud to announce Douglas Gould as the firm’s newest equity owner and the change of the firm’s name to Linde, Gould & Associates. He has been practicing exclusively in elder law and wills, trusts and estates with the firm since 2019, after practicing in Pennsylvania since 1996. Gould earned his J.D. from the Vermont Law School, and is a member of the RPPTL Section of The Florida Bar. 34 LEEBAR.ORG

Pictured from left to right: LCBA Executive Director Lauren Baugh with Jeff Doran, FL Bar Manager - Voluntary Bar Services and Ani Rodriguez-Newbern, chair of The Florida Bar VBLC 2024.

CONFERENCE MAKES A SPLASH LCBA Executive Director Lauren Baugh recently attended the 2024 Voluntary Bar Leaders Annual Conference, themed Make a Splash. Hosted at the Margaritaville in Orlando, Florida, this annual event provides the opportunity for voluntary bar association leaders to gather, learn, network and have fun! Next year will be hosted by our very own Lee County Bar Association at the Sunseeker Resort in Port Charlotte. Lauren will serve as co-vice chair. For more information about how you can get involved, please contact Lauren Baugh at LBaugh@leebar.org.

LEADING LADIES In addition to their 20th Circuit roles, State Attorney Amira Fox and Public Defender Kathy Smith are next to lead their respective statewide associations.

Ms. Fox is currently serving as vice president of the Florida Prosecuting Attorneys Association and will assume the president’s role in 2025. In addition, Ms. Fox is the FPAA representative to the Medical Examiner’s Board.

Ms. Smith is currently serving as vice president of the Florida Public Defender Association and will serve as president in 2026. She also serves as the FPDA representative to the Supreme Court Steering Committee on Substance Abuse and Mental Health.

SHARE YOUR NEWS! If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.

GRANT APPLICATIONS WELCOME The Lee County Bar Association Foundation, Inc. (LCBAF) recently announced the opening of its 2024 grant allocation cycle. Grant applications will be accepted from local nonprofits seeking funding, starting August 1, 2024 through September 30, 2024. Grants in the 2024 cycle are anticipated to provide support for specific programming in amounts of less than $10,000 per organization.

LCBAF grant allocations will be based upon the thoroughness of the application and achievement of the purposes of the Foundation, which are:

1. To promote provision of legal aid to the indigent; 2. To support charitable endeavors benefitting youth and/or benefitting an underprivileged population; 3. T o encourage and promote education and community awareness of the law; and 4. To provide for the establishment of scholarships.

The 2024 grant application is located on the Foundation website at www.LeeBarFoundation.org. Grant applications, as well as any questions, can be submitted to Grants@LeeBarFoundation.org.

AUGUST 2024 35

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Most importantly, Cogent Bank in Fort Myers is committed to the Southwest Florida community we serve. This year marks our second annual sponsor for Lee County Bar Association! Our team is also involved with small, local nonprofit organizations and business associations such as LBIA and COMA.

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