THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
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Pro Bono Happy Hour & Bench Bar Gala
Blending Practice with Baker Barnes
MEMBERSHIP LUNCHEON RECAP
by John D. Mills
Review Date: Nov. 28, 2015
A murder mystery engulfs three friends on a coastal Florida island in this latest novel from Mills (The Objector, 2016, etc.).
This tense courtroom drama centers on dark events involving three former University of Florida roommates and their friends as they vacation on Florida’s Pine Island. Lacy Turner, nicknamed “the Hooker” by her friends because of her love of game fishing; Susan Kelly, called “the Dancer” because of her love of doing so at clubs; and Patricia Hendricks, dubbed “the Nun” because “she remained a virgin during her college years,” are close friends when readers first meet them in the opening chapter, set in 1995. But in the following chapter, in 2015, everything has starkly changed: an incident occurred on a Pine Island houseboat, Turner is on trial for Kelly’s murder, and Hendricks has disappeared. Turner protests her innocence, but prosecutor Frank Powers has amassed a damning case against her. Author Mills, a former prosecutor, unfolds the plot in a series of detailed, well-realized courtroom scenes. The story very effectively mixes the Florida atmosphere of John D. MacDonald’s Travis McGee novels with the pointed murder-trial give-and-take of Scott Turow’s or Barry Reed’s work and convincingly adds contemporary elements, such as Facebook and text messages. Powers frequently borders on flat stereotype, but the portraits of the three young women at the center of the mystery are refreshingly three-dimensional, and Mills slowly reveals their personalities and secrets in the course of the trial. It’s a testament to the author’s dramatic abilities that he smoothly conveys so much of the action using dialogue alone. Each of the characters who parades through the courtroom—witnesses, experts, lawyers, the judge—feels real and distinct, and the author handles a series of last-minute revelations with a good deal of control.
A taut, effective Florida crime thriller.
(Silver winner from Florida Authors & Publishers Association for Adult Fiction 2016)
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
October is the time of year when we celebrate lawyers who channel their inner Robin Hood to offer free legal services. I want to sincerely thank every one of you who gave your time and expertise to those in need.
As a Public Defender of 34 years, I can tell you firsthand that pro bono legal work has numerous benefits for both the community and the lawyers themselves. First and foremost, it ensures access to justice for individuals who cannot afford legal representation. This helps level the playing field, allowing marginalized or disadvantaged people |to navigate the legal system while protecting their rights.
For lawyers, pro bono work offers a chance to give back to the community and to make a tangible difference in people’s lives. It’s an opportunity to work on cases that they might not typically encounter in their regular practice, which can broaden their skills and experience. And, every lawyer can benefit from learning a few new legal tricks once in a while!
Additionally, handling pro bono cases can be personally fulfilling and help lawyers find greater meaning in their work. As the OGs of the pro bono world, Public Defenders can attest to the fact that nothing warms the heart quite like knowing you’ve helped someone get their life back on track.
Law firms can also reap rewards from a robust pro bono program. A strong commitment to pro bono work can enhance the firm’s reputation by demonstrating a commitment to social responsibility and community service. This can attract clients who appreciate ethical practices and new hires who want to make a difference in the world. It’s a win-win—doing good while looking good!
Last, but certainly not least, let’s not forget the benefit to the clients. For them, pro bono lawyers are like knights in shining armor. They provide hope and a voice to those who might otherwise be silenced by circumstance. Pro bono lawyers are true legal superheroes in the lives of those who need it most, minus the cape. But then again, it is October, so this could be a great look for Halloween!
ADMINISTRATION
Executive Director
Lauren Baugh
EXECUTIVE COUNCIL
President
Hon. Kathy Smith
Vice President
John Miller III, Esq.
YLD President
Joseph Coleman, Esq.
Erin Casey, Esq.
Jerry Olivo, Esq.
Megan Strayhorn, Esq.
Doug Szabo, Esq.
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
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
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.
Hon. Kathy Smith, LCBA President kathleens@pd20.org | 239.533.2911
Joel Hyatt, Esq.
Kara Jursinski Murphy, Esq.
So far, it has been a really great year, and we are going to keep that vibe going into October and throughout the remainder of the year! October is when we start rolling out our 2025 programs, sponsorships, membership renewals and all the year-end fun.
We have some amazing and fun events coming up soon, such as a new take on our Pro Bono Awards Ceremony. Join us for the first-of-its-kind LCBA Pro Bono Awards Happy Hour at Bay Street Yard on October 17! We will recognize the Pro Bono Superstars in our membership who were nominated by their peers. These awards are sponsored by Florida Rural Legal Services and Lee County Legal Aid Society, both of which are always seeking attorneys to offer pro bono assistance to their clients. For more information, please contact each respective agency. We also have the LCBA Bench Bar Gala, themed “Under the Stars,” which will be held at The Veranda – or as we like call it, “Courtroom V”, where we will celebrate our 75th anniversary! This event will have limited tickets available, so get with me or go online and book your tickets. You do not want to miss this event! If you have been previously, you know there are always a few surprises in store!
We are so thankful to our sponsors and supporters of this event each year. For a complete list of this year’s sponsors, please see page 33 or check out the LCBA on Facebook. If you would like to be a sponsor, we still have areas of need. Please let me know!
Also, don’t forget that we have started our Mental Health and Wellness Mission and would love to have your support. Please consider a sponsorship! Any amount is helpful and goes directly to mental health support for you and your peers. Do not miss out! The best way to stay informed is to make sure you are getting LCBA’s regular membership emails. If you are not, please let me know, and we will get you on the list. You do not want to miss out on all of the LCBA information!
Have an idea for a 2025 speaker or program? Let me know! Questions about sponsorship for the LCBA and our many events? Reach out! Take care, and here’s to celebrating with each of you soon.
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
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Elise Rose
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Kathy Becker
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Hon. Kathleen Smith
Lauren Baugh
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Christi Finger
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Lynsey Gill
Contributing Writers
Andrew Banyai
Amanda Levy-Reis
Lauren Baugh
Lauren Bernaldo, APR, CPRC
Noelle Branning
Henry Lee Paul, Esq.
Hon. Gilberto Perez
Cameron Sadighi
Hon. Kathy Smith
Kristianna Soto, Esq.
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.
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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
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.
3 Rosh Hashanah – LCBA and courts closed
11 RPPTL Virtual Brown Bag CLE
Time: 12:00 p.m. to 1:00 p.m.
Location: Zoom
Topic: Wrongful Death and Estates
Speaker: Kenny Kemp, Esq. and Carlos Cavenago, Esq.
17 ADR Virtual Lunch & Learn CLE
Time: 12:00 p.m. to 1:00 p.m.
Location: Zoom
Topic: Ethics
Speaker: Henry Lee Paul, Esq.
17 Pro Bono Awards Happy Hour
Time: 5:30 p.m. to 7 p.m.
Location: Bay Street Yard
Sponsors: Florida Rural Legal Services, Lee County Legal Aid Society
See page 20 for more details.
26 LCBA Bench Bar Gala
Time: 6 p.m. to 9 p.m.
Location: The Veranda
See page 32 for more information
6 LCBA Foundation Annual Wine Tasting Fundraiser
Time: 5:30 p.m. to 7:30 p.m.
Location: Finemark Bank & Trust
See page 17 for more details
8 LCBA YLD Community Project & Lunch
Time: 9:30 a.m. to 1:30 p.m.
Location: TBA
11 Veterans Day – LCBA and courts closed
14 ADR Virtual Lunch & Learn CLE
Time: 12:00 p.m. to 1:00 p.m.
Location: Zoom
19 Fam Law CLE and Happy Hour
Time: 4:00 p.m. to 6:00 p.m.
Location: Downtown Social House
28-29 Thanksgiving – LCBA and courts closed
6 LCBA and YLD Holiday Party at Millennial Brewing
24-26 Christmas Eve & Christmas – LCBA and courts closed
The Florida Supreme Court once again has imposed serious discipline for misconduct by a lawyer during the disciplinary proceedings.
The opinion in The Florida Bar v. Mirabal (SC21-1469) came on the heels of the opinion in the Greico case, which was the subject of my Sept. 2024 article, which also dealt with misconduct during the disciplinary process.
In Mirabal, the Court imposed disbarment for conduct including dishonesty, conduct prejudicial to the administration of justice and making false statements about a judge. These false statements were made in various forums, including in response to a bar complaint.
Mirabal was investigated by The Florida Bar for making false statements in a failed judicial election and an unsuccessful application for appointment as a judge through the Judicial Nominating Commission (JNC) process. The false statements by Mirabal included failure to disclose the pending bar complaint and failure to disclose or mischaracterization of prior litigation. Mirabal also made false statements on campaign finance reports.
However, I will focus on the misconduct by Mirabal in the disciplinary proceedings. The Bar investigation was initiated with a complaint filed by a judicial campaign opponent after the successful conclusion of the opponent’s campaign against Mirabal. Mirabal made false statements about the complaining judge in response to the bar complaint.
Mirabal falsely alleged that the complaining judge had filed a frivolous lawsuit against a different opponent in a previous judicial race. This allegation was false, and no such lawsuit had been filed. In addition, Mirabal’s response stated, “My client is deeply concerned about the motives underlying this grievance and, if necessary, is able to relay a series of troubling events which occurred during and after the campaign… We do not want to escalate this matter any further...”
Although the response was written by experienced defense counsel, Mirabal was held responsible for its contents. The statement was found to be more than an effort to undermine the credibility of the complainant. The Court considered the response as a threat to make troubling accusations against the complainant intended to intimidate or silence her. The Court enhanced the sanction because of conduct in the disciplinary process. The Court stated disbarment was appropriate “when Mirabal’s dishonesty in the judicial selection process is considered alongside his misconduct during the Bar’s investigation.”
The severe sanctions recently imposed by the Court in Greico and Mirabal should be instructive to lawyers responding to a bar complaint. I have had clients whose first reaction is to disparage and threaten a complainant. Such a knee-jerk reaction is often ill advised. It is suggested that a response to a bar complaint be made with candor. A response should most certainly not threaten the complainant.
The response to a bar complaint may define the issues in a disciplinary case. Care should be taken to avoid causing additional discipline as a result of a threatening or dishonest response. The Court emphasized, “In the end, Mirabal exhibited basic, fundamental dishonesty with his conduct in this case, and we have repeatedly made plain that such a serious flaw ‘cannot be tolerated by a profession that relies on the truthfulness of its members.’”
legal practice matters.
represents applicants in all matters before The Florida Board of Bar Examiners.
By Kristianna Soto
Kristianna Soto, Esq. was admitted to the Florida Bar in 2009 and manages The Law Office of Kristianna Soto, P.A., practicing family, juvenile and criminal law. She enjoys empowering clients to take full ownership of their lives. Kristianna is also a proud woman of faith, wife, mother, volunteer and photographer.
When it comes to pro bono service, ”Let’s spend precious time helping those in need!” is always shouted and touted to be our privilege as attorneys. But let’s be honest, we struggle helping others when we struggle ourselves.
How many times have we been in positions where we have told ourselves that we do not need to help another because they caused their own issues? I was an Assistant Public Defender for over 11 years, and under immense stress, so it was easy to be judgmental.
So many people come to attorneys in serious debacles. A lot of us, with our egos and pride, approach these people first in judgment. However, this is the exact scenario where we can master the skills of humility, understanding and grace (H.U.G.).
Pro bono puts us in our place. “Worry about your own self” is the best advice given to me by my three-year-old child. Shocker, but we in fact do not know it all. We have too much to work on personally to leave space to judge another.
Pro bono can help us learn more about the law and be in community. I have served in the Lee County Legal Aid Society pro bono clinics, held on Zoom Monday mornings and Tuesday
afternoons. They are fun and highly educational. A lot of pro bono service is fielding basic questions and merely providing resources to the overwhelmed in our community. It truly can be as simple as that.
I have also had the opportunity to lead a pro bono clinic with Florida Rural Legal Services. They have a variety of opportunities to serve as well as get together, including clinics, local events and seminars that educate as well as celebrate pro bono service.
Pro bono provides a safe space to practice grace. We are all broken and suffer. When speaking to someone, it is best to presume they have been through the wringer. As attorneys, people seem to think we are immune to this. We are perfectionists, and we have to learn that we need grace most of all. We cannot give that to ourselves and others if we have not mastered this skill.
Our time is extremely precious and limited. We all need to put first things first and be intentional and protective with our time. The most minimal pro bono service can help another in the community know what is in fact true about their case, assist them in helping themselves, and prevent people from harming others in the community. And, doesn’t that alone serve us all?
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By the Honorable Gilberto Perez, Chair of the 20th Circuit Pro Bono Committee
I could wax poetic this entire article about the moral and ethical reasons why lawyers should do pro bono work to assist the poor in accessing justice.
20 years before taking the bench were bookended by pro bono work. My first job out of law school was assessing the legal claims of low income clients and then recruiting attorneys willing to accept their case through the Miami-Dade County Bar Association pro bono program, Put Something Back.
My last appearance in court, three days before taking the bench, was as a pro bono attorney ad litem for a child in dependency court. In those twenty years, plus, some of my most interesting and rewarding advocacy was done at no cost to my client. I accepted the chair of the Twentieth Circuit Pro Bono Committee because of my experience and passion for pro bono work.
Rather than extolling my experiences or reminding you that the Florida Supreme Court expects lawyers to do pro bono work as part of their moral, ethical and professional obligations to our practice and to our community, I would like to take a different approach to this issue—how pro bono can benefit your practice.
I’m not so far removed from my time as a litigator that I have forgotten how frustrating it can be for you and your client when you can’t get into court. Pro se litigation takes up a substantial amount of both in-court and out-of-court judicial time. When
scheduling matters for pro se litigants, a judge has to allot more time than what we would set aside for matters involving attorneys. Preparing for and conducting the hearing takes significantly more time, as does drafting the order or judgment. Therefore, fewer self-represented litigants will result in more available court time for all of your clients.
Obtaining clients is a necessity in private practice. Whether you are a solo-practitioner or a part of a law firm, an inescapable critical aspect of expanding your client base is promoting or marketing your business. Think for a minute about the number of referrals for new clients you get from current and former clients, from attorneys on the opposite side as you, and from other professionals you meet around town in various organizations.
Your pro bono clients might have friends or family who can afford to pay for legal services. Additionally, accepting pro bono cases provides an opportunity for networking with more lawyers and collaborating with other professionals, who may ultimately become referral sources as well.
Engaging in pro bono work may even provide you an opportunity to develop your skills or explore a new or different area of practice you may be interested in learning about. For law firms, pro bono work provides crucial training for newer associates, giving them the experience to represent a client and conduct court hearings without the pressure of generating billable hours.
You know more than you think you do and are capable of more than you think you are. More than one out of every ten Lee County residents lives in poverty. That means one out of every ten people in our community lacks the knowledge or financial means to access justice from our system. The only way they can access the justice system is if people like you decide to make a difference to that one human being. You’ll feel good about yourself at the end of the day. Also, we’ll give you a plaque.
–Andrew Banyai, Esq. Executive Director Lee County Legal Aid Society
Many of the country’s top law schools instill an obligation to do pro bono work in their graduating attorneys – perhaps fueled by the movement over the past several decades in the state bar associations. They also show them how to research firms that have demonstrated a commitment to providing legal representation to the disadvantaged. Your commitment to a law firm pro bono program will help in recruiting talent.
Locally, many attorneys are doing pro bono work, but are not taking these cases through a legal aid organization. Doing pro bono work through an organized legal aid program has numerous practical benefits. The agency tracks the number of cases, attorneys participating and number of hours spent on the matter when you accept the pro bono referral. This assistance makes it easier to complete your annual reporting to The Florida Bar. The agency uses these statistics to apply for grants, which can bring much needed funds and resources to our community.
When you take on a pro bono case, you are covered by the organization’s malpractice
insurance. The legal aid agency can also assist you with mentoring if you come across a novel issue. The pro bono referral source will help maintain client communication and reimburse for litigation costs, so you are not out-of-pocket and your disadvantaged client doesn’t have to figure out how to pay court costs. Finally, doing your pro bono work through an organized program will result in your getting well-deserved recognition.
Dating to Shakespearean times, lawyers have been the butt of too many jokes. As lawyers, we have a real opportunity to generate some good will and boost the profession by demonstrating that lawyers are willing to assist the less fortunate in accessing justice, and not only interested in making money.
Lawyers who engage in pro bono work illustrate that they are good community partners and increase their brand name recognition. Therefore, not only are you increasing good will for lawyers in general, but you are improving your personal reputation and fostering good will with the Bench. By improving the life of your pro bono client, you will be getting an immeasurable return.
At Florida Rural Legal Services, Inc., I recruit volunteer attorneys. Attorneys in the private sector have a lot on their plates, so it’s a big ask when trying to recruit you to take pro bono cases. Recognizing this, I put a lot of effort into screening legal aid applicants for our pro bono program and will not ask an attorney to take a case on a pro bono basis that I would not want to take myself. The reward in personal satisfaction from using one’s law degree to help make a difference to another person is immeasurable.
–Amanda Levy-Reis, Esq.
Staff Attorney and Pro Bono Coordinator Florida Rural Legal Services
dependency, juvenile delinquency and related marital and family law matters in
LCBA members gathered at the Lee County Justice Center to hear from a few special guests during the monthly membership meeting and luncheon on Aug.16.
After enjoying box lunches sponsored by Intake Kings, members were treated to a surprise appearance from Florida Bar President Roland Sanchez-Medina, Jr. After saying a few words, he introduced featured speaker and Florida Bar President-Elect Sia Baker-Barnes. Sia spoke about the value of balance while juggling all the hats an attorney must wear – while still remaining present for family and friends but excelling in the office.
Her sentiments led into the official launch of the LCBA’s newest initiative, the Mental Health & Wellness Mission (MHWM). The MHWM is a program that will provide six free, confidential therapy sessions to any and all active Florida Bar attorneys practicing in Lee County. The MHWM also provides attorneys with an opportunity to talk to a network of Lee Health-trained peer liaisons. These services are paid for through the help and generosity of several individuals who have donated to support this vitally important mission.
The program also included speeches from Former 20th Circuit Chief Judge Michael McHugh, current LCBA President and 20th Circuit Public Defender, the Hon. Kathy Smith, and LCBA MHWM Co-Chairs and attorneys Holly Cosby and Dawn Maselli.
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An associate attorney at Aloia, Roland, Lubell & Morgan, PLLC, Cameron Sadighi assists entities and individuals in intricate matters related to real estate and corporate transactional law. As a native of Southwest Florida, Cameron understands the local landscape and utilizes that expertise to diligently represent his clients. He obtained his J.D. from Stetson University College of Law.
By Cameron Sadighi
In the ever-changing legal landscape, new technology continues to be at the forefront of innovation. Video conferencing, especially the application of Zoom, had steadily increased in its usage prior to the start of the COVID-19 pandemic. However, the pandemic resulted in a shockwave throughout the legal community, promoting the current use of video conferencing.
Although in-person conferences are now permitted, this “Zoom” decision opened the door to Zoom’s simplicity, and the practice of law has since been permanently altered.
In analyzing the effects of Zoom, a multitude of benefits are offered by its use. First and foremost, the legal profession has come to the realization that video conferencing can be applied to nearly all situations. Not only can attorneys use Zoom for mediations and arbitrations, but it can also be harnessed to take depositions of witnesses that reside significant distances from an attorney.
These proceedings considerably reduce the cost and time incurred by parties. It also assists in promoting the term “judicial efficiency.”
Furthermore, Zoom is not devoid of the issues that arise out of any and all applications. Issues with Zoom occur when parties do not mute their microphone during proceedings, and when there is a failure in internet connection. During these
proceedings, there are times in which a party’s dog barks, child screams or phone rings, all of which can be heard throughout the call.
Furthermore, if one of the parties is attempting to join a Zoom conference, but their internet connection has failed, significant delays or even a postponement of that previously set court proceeding can transpire. Fortunately, all problems can be resolved with the execution of some outlined solutions.
To avoid the pitfalls that stem from the outlined disadvantages of Zoom, an attorney should always test and troubleshoot their Zoom application prior to the court proceeding. If you cannot ensure that your application is properly functioning, always prepare a backup plan for such instances.
Additionally, attorneys should not consider Zoom proceedings any differently than in-person proceedings. In light of this, attorneys are still required to dress in full professional attire. For example, an attorney should not assume that only their upper body will be shown on camera and by no means should shorts be worn solely because you thought “the judge/other attendees would not see the lower half of my body.”
Finally, as always, be courteous to others on the video call. Just because the parties are not in the same room does not mean that you are allowed to leave your professional courtesy behind the computer screen.
Lauren Baugh
Fort Myers Beach has always been a place close to my heart. It was a place I went often with my mother and sister when I was a child.
I also went to the beach as a teenager with friends. We would walk around and check out the cool shops, coffee shops and restaurants, just enjoying the people watching. As I got older, I explored the local bars and restaurants, meeting so many people from all over the world who also had great memories and experiences at Fort Myers Beach with the distinctive atmosphere so unique to that side of the Matanzas Pass.
The smell of Australian gold sun oil (if you know, you know), the smell of the fresh saltwater, ice-cold watermelon in the cooler, cold-cut sandwiches and chips, ice cream on the beach, the noise of tourists ringing from every direction… I associate all these things and more with Fort Myers Beach.
As someone who grew up here, I can confirm that Fort Myers Beach has faced many challenges over the years. Through economic sufferings, hurricanes and all kinds of construction projects,
it survived. But when Hurricane Ian hit in 2022, our beach was already suffering financially from the rising costs of everything, from food to payroll costs, taxes and all the other expenses associated with owning a business.
It was tough for businesses who depended on tourists to visit and spend money after the storm created such damage. However, it’s been encouraging to watch the area steadily recover as Fort Myers Beach’s newest businesses have created jobs for those who stayed on Fort Myers Beach. For so long, locals like me have thought of Fort Myers Beach as a small town. But to many outsiders, it had big beach town potential.
Within less than one year, Tom Torgerson with TPI Hospitality saw that potential and, following 10 years of previous planning, decided it was time to invest in our beloved FMB community –right when it needed it the most. Earlier this year, Margaritaville Beach Resort Fort Myers Beach opened to locals and tourists alike on tourists alike in December 2023.
I had the pleasure of going to Margaritaville and
Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.
meeting Rhonda Dechard, the new venue’s director of sales and marketing, who provided a private tour of this amazing property. Candidly, I had been worried that the new resort was taking advantage of the region’s recent loss. Now, I have seen that this is just not the case. The owners care, and deeply at that! They are intentionally donating time, money and energy into making Fort Myers Beach an internationally recognized destination again.
Margaritaville Beach Resort Fort Myers Beach has thought of it all. If you have been to any other Margaritaville, be prepared: This one is not like any of the other locations. Here, you’ll find a plethora of dining and drinking options, from casual, sand-clad feet dining or upscale, “date night” dining.
Billed as “the ultimate place to kick back, relax and make a splash,” Margaritaville Beach Resort promises to transport you to a vacation state of mind in a beachfront oasis of luxury and leisure. It complements the beach perfectly and uses its natural landscape to stay true to the laid-back Fort Myers Beach lifestyle. From most of anywhere in the resort area, you can easily look around and see that you are indeed in paradise.
No detail is left unconsidered! Every inch of this location is dedicated to appreciating the locale and, of course, Sir Jimmy Buffet himself. The colors, signage, artwork, smells, furniture, décor... Everything was so well-thought out and coordinated. It truly felt like I was in paradise.
Margaritaville Beach Resort offers day passes through its Fins Up! Beach Club. You can dive into one of the coolest pool areas I have ever seen, featuring a live DJ right in the middle of the
action. There are rentable chairs all over the pool deck, private cabanas for you, your family or even your law firm to rent out and hang out in, and plenty of activities for all ages!
Live music, warm sunshine, island-inspired food and signature cocktails delivered to you from the resort’s five iconic restaurants and bars, and all in your swimsuit? It really does not get much more “Florida” than that!
For those looking for a break from the sun, there’s the St. Somewhere Spa, a tranquil place to enjoy a massage, facial and more. Margaritaville Beach Resort also has space to rent out that could suit a range of events, from a CLE to a wedding. The meeting areas are truly beautiful, and they have all kinds of amazing perks to go along with those packages.
Now as you know, I am undeniably a foodie. But what you may not know is that I love Jimmy Buffet’s music! As this article came
about, I was so excited – so much so that I took the opportunity to dine in one of its restaurants: the JWB Grill. Named after James “Jimmy” William Buffett, the restaurant pays homage to the original Parrot Head himself.
The restaurant offers a relaxed, yet refined, dining experience with stunning views of the Gulf of Mexico. It’s perfect for kicking back and indulging in some seriously delicious cuisine, and it’s known for mixing the best local flavors with global favorites.
Boy, was I in for a treat! I went on the first-ever Jimmy Buffet Day, which the State of Florida formally recognized as an annual celebration on August 30. As a result, the JWB Grill had a special ambiance that night between the menu, music played in the restaurant, beautiful sunset and live entertainment downstairs. On the beach, it was all set to be a perfect evening.
I brought Steve, my now-fiancé, with me, and we were immediately greeted by one of the friendliest servers. Later in the evening, our server shared that he was so happy to work at this property because he was a beach guy – and also the nephew of the
guitarist in the Coral Reef Band! We had some really hilarious conversations and cannot wait to go back and chat with him again.
Given the special holiday, the JWB Grill provided a special, themed menu with some great apps, entrées and, of course, drinks! Now, I am not normally a fancy-and-fruity drink gal, but when in Rome (or rather, on the beach!), one must indulge. I did, with a mango sunset margarita. Let’s just say one was enough! If I’d had another, I would have surely not seen the sunset!
In terms of their special menu items, we chose to try the conch fritters as appetizers, which are a favorite of ours, in general. Then we also chose the wagyu meatballs off the regular menu. Need I explain? We had high hopes for the fritters and thought they would be the fan favorite. But man o’ man, the meatballs were so tender, juicy and full of amazing flavors, like pomodoro, parmigiano reggiano and grilled polenta!
We learned that the kitchen has influences from all over the world, and its head chef is Moroccan. The food was not bland or boring, but truly full of herbs, spices and worldly flavors!
A comfort-food seeker, I usually go for a steak or heavy dish. As I looked at the menu, I saw short rib pasta, and the decision was made! Steve is a huge fan of paella and did not see that on the menu at first glance, so he was going to go with the lomo saltado with its seasoned, stir-fried
wagyu steak. But our new friend, also known as our server, read the specials for the night and bam! Paella was one of them.
When it came out, the entrée’s portion size was HUGE – so much so that they brought a second plate for it. Steve’s paella was indeed amazing, what with all the fresh seafood and perfectly cooked rice!
I love paella, but when my dish came out, I tell you, I could not get a bite quick enough. The pappardelle pasta was so fresh and al dente. The short rib was beyond flavorful and juicy, accompanied by sweet peas and a ragout sauce. It. was. all. AMAZING. I did not share my short rib pasta at all. I took half of it home for my lunch the following day, and it was just as good!
We were full, but chocolate cake was on the menu and, well, I cannot say no. Oh man, it was a huge, shareable piece of scratch-made cake served with vanilla ice cream. It was as rich as I hope to be one day. So decadent!
If you are seeking your lost shaker of salt, it’ll just take one trip over the bridge to Margaritaville Fort Myers Beach Resort, and you will surely find it there! Pop on your flip flops and take a ride down to Margaritaville on Fort Myers Beach.
THIS
SO CLOSE TO WHERE WE LIVE!
In just a couple of weeks, more than 562,000 property tax bills will be mailed to property and business owners in Lee County. Understanding Florida's property tax system is important for attorneys who counsel clients on propertyrelated matters.
Noelle Branning earned a bachelor’s degree from Florida State University in 1998 and a Juris Doctor degree from St. Thomas University School of Law in 2004. She joined the Lee County Tax Collector’s office in 2013 and was elected county-wide as Lee County Tax Collector in 2020.
The Florida property tax cycle begins on January 1, when the Property Appraiser assesses the value of each parcel of property within their respective counties. These assessments are based on the “just value” of the property, reflecting its value on January 1 of the current year. As written in statute, property owners seeking exemptions, like homestead, senior or widow/widower, must apply by March 1 through the Property Appraiser’s Office. Business owners must file a tangible tax return by April 1.
Following the exemption and filing application deadline(s), Property Appraisers certify the values of all properties in the county, sharing this information with taxing authorities. These authorities, including County Commission, City Councils and Fire Districts, use the data to set proposed millage rates.
In August, property owners receive Notices of Proposed Property Taxes (TRIM notices), which detail the property’s value, approved exemptions, Save Our Homes status, land classification and proposed taxes for the current year. It’s essential for attorneys to encourage their clients to review these notices carefully, before the deadline listed on the notice, as they provide an opportunity to talk through any discrepancies with the Property Appraiser before tax bills are issued.
Public hearings on the proposed millage rates take place from September to early October, during which property owners can voice concerns. Attorneys should advise clients who wish to provide feedback regarding millage rates to attend these hearings, as this is an integral stage in the tax process.
Once the public input period concludes, the Property Appraiser certifies the tax rolls and the Tax Collector’s office takes over, issuing the final tax bills in late October or early November.
These bills are based on the following calculation: the property’s value minus any exemptions gives the taxable value, which is then multiplied by the millage rates to determine the ad valorem taxes. Ad valorem taxes and non-ad valorem assessments, like stormwater management or solid waste, are added together to establish the annual tax amount.
Property owners have five months to pay their taxes before becoming delinquent, and the earlier the payment, the greater the discount. Taxes paid in November receive a 4% discount, December is a 3% discount, January is 2% and February is 1%. Tax payments are due by March 31. Payments can be made online at LeeTC.com, over the phone or in person at any of our six locations. Property owners whose taxes are paid through an escrow account should contact their mortgage company for information about its plan for remitting escrowed property tax payments.
Once tax payments are received, the Tax Collector is responsible for distributing the dollars to the taxing and levying authorities to pay for services like fire and rescue, law enforcement protection, schools, roads, utilities and parks.
Payments made after March 31 trigger delinquency, adding additional charges and interest to the tax bill. Should a client’s taxes become delinquent, attorneys should be prepared to guide them through the consequences, including the potential sale of a tax certificate on the property. In part, F.S. 197.122 attributes the responsibility to the taxpayer to know when taxes are due and payable annually, to ascertain the amount of current and delinquent taxes owed and to pay taxes before April 1 of the year following the year of assessment.
In Florida, tax certificate sales are a statutory method for counties to recoup unpaid property taxes. Held online, these sales allow
investors to bid on the tax certificates, which serve as liens against the properties. The interest bidding starts at 18% and can go as low as .25%, with the lowest bidder winning the certificate. Importantly, this process does not transfer property ownership; it merely provides documentation of who the winning bidder is and who is entitled to funds paid when the property owner or someone on their behalf redeems it by paying the owed taxes, interest and fees. If unredeemed after two years from the date of delinquency, the certificate holder may apply for a tax deed, initiating the process to sell the property at a public auction.
Tax deed sales present both opportunities and risks for clients interested in acquiring properties. Potential buyers must conduct thorough due diligence, including researching liens, encumbrances and possible title issues. Given the complex legal landscape surrounding tax deed sales, attorneys play an indispensable role in ensuring their clients navigate these waters effectively.
In summary, Florida's property tax system is worth paying close attention to. By staying informed and proactive, attorneys can help their clients manage their property tax obligations more effectively, ensure compliance with deadlines and provide necessary guidance.
The function of the Coalition was established pursuant to Florida Statute 420.623 to plan, network, coordinate and monitor the delivery of services to the homeless. It reorganized in 2004 under the umbrella of the Lee County Department of Human Services with the intent to develop a broader base of support and then operate again as an independent agency. Thanks to support from the community, that goal was achieved in 2009.
The confusion of navigating multiple agencies for their various needs can be an obstacle for homeless people trying to achieve self-sufficiency. At the same time, homelessness is a complex issue that can overwhelm independent agencies who address specific issues. The Lee County Homeless Coalition (LCHC) is committed to ending homelessness by advocating and working together to provide more efficient services to those who experience homelessness.
This independent 501(c)3 nonprofit organization is an advocacy group made up of community and faith-based service providers, local businesses, people who are currently experiencing or who have experienced
homelessness, and other advocates committed to ending homelessness. Its mission is to advocate, educate and promote awareness of issues and obstacles facing homeless individuals in Lee County through community collaboration, planning and implementing solutions.
Once per year, the Coalition, with the help of many volunteers, conducts a Point in Time (PIT) census to count the homeless and provide data to the U.S. Department of Housing and Urban Development (HUD). The PIT count is also used to gather information that allows local service providers to target services to meet specific needs to help the homeless in Lee County.
WHITNEY BIRD, ESQ. Farah & Farah
CHRISTOPHER BORAN, ESQ Office of Regional Counsel, 2nd Region
ROBERT BOWEN, ESQ Office of the Public Defender, 20C
OKSANA DOGNON Family Mediator, 20th Judicial Circuit
MALCOLM PUROW, ESQ Light Path Law
KRISTIN STOCKS
Goldstein, Buckley, Cechman, Rice & Purtz
MAYRA TALARICO, ESQ. The Law Office of Mayra Talarico, P.A.
FLORENCE UPTON, ESQ. Upton Mediation and Arbitration Services
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
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
Scott T. Moorey
u The Hon. Elizabeth Krier
1. The greatest accomplishment of my career is definitely serving Southwest Florida as a circuit court judge. It is an honor and privilege to do so.
2. I met Harrison Ford in approximately 1983 or 1984. We were vacationing in the Caribbean and overlapped by a day, staying in a friend’s bungalow with the actor and his then-wife. Needless to say, we gave them the bungalow and stayed in a hotel for a night, but enjoyed dinner with them.
3. I grew up in Columbus, Ohio, going to Buckeye football games in the days of Woody Hayes, Rex Kern and Archie Griffin. There’s nothing like a crisp fall day at the Horseshoe! I generally follow football, both college and pro, including the Buckeyes, Chiefs and, recently, the Lions. I also recently began following women’s basketball, both pro and college. I tend to follow the sports’ figures themselves who are skillful and have great heart and courage.
4. Having lived in Chicago since 1976, I had experienced plenty of difficult winters. When I graduated from law school there in January 1985, it was 60 degrees below zero with the chill factor… just too much. I didn’t even take the Illinois Bar exam, but rather traveled directly to Florida where I studied for and took the Florida Bar exam. Living and working in Naples and Fort Myers, I was given an opportunity to quickly represent clients in court and on appeals, while my law school friends, working for large firms in big cities, were still stuck doing legal research and reviewing warehouses of discovery.
5. My favorite holiday is Christmas. Not only is it a time of wonderful food, including my world-famous bourbon ball cookies, but it always inspires in me a feeling of hope that the world can be made anew.
During the Lee County primary election, held on Aug. 20, Tracey Redd received 55% of the vote for Circuit Judge - 20th Circuit, Group 6. The Hon. Elizabeth Krier received 51% of the vote for Circuit Judge - 20th Circuit, Group 28. To learn more about Judge Krier, turn to page 37.
The Sanibel Captiva Trust Company recently promoted Peter Knize, J.D., LL.M., AEP® to Chief Fiduciary Officer, leading the Trust and Estate Administration team corporatewide. Knize has over two decades of experience in estate planning, trust and estate administration, guardianship, taxation, corporate law, business succession, real estate, and trust and probate litigation. Licensed to practice in North Carolina and Florida, he obtained his J.D. from Nova Southeastern University and Master of Laws in estate planning from the University of Miami.
Goodwill Industries of Southwest Florida, Inc. recently named Strayhorn, Persons-Mulicka & Fisher as its 2023 Breakthrough Business of the Year. With a rich, local history that dates back to the early 1900s, Strayhorn, PersonsMulicka & Fisher shares Goodwill’s sense of duty to its community. Goodwill recognized the firm’s provision of fantastic legal counsel and the efforts of attorney and counselor-at-law Jennifer L. Fisher in going above and beyond to advocate for and support the organization throughout 2023.
Boy Agnew Potanovic Miller recently welcomed Vee Leonard to its growing team. Having most recently served as FGCU’s long-time general counsel, Leonard brings a wealth of experience in labor and employment, compliance, policy writing and various other aspects of local government law. At BAPM, her practice will focus on workplace investigations, while also assisting clients with employment and government-related issues. Leonard is also a member of the National Association of College and University Attorneys, and the Society of Corporate Compliance and Ethics.
Two LCBA members were recognized as two of Gulfshore Business magazine’s 40 Under 40 honorees for 2024. This annual award celebrates young professionals who have distinguished themselves in their careers and communities.
One of those honored was Florida Bar Board Certified Divorce, Marital and Family Law specialist Kayla Richmond of Henderson, Franklin, Starnes & Holt, P.A. Richmond volunteers with the LCBA, as well as the Lee County Association for Women Lawyers and the Association of Family Law Professionals. She also supports Harry Chapin Food Bank, the Foundation for Lee County Public Schools, the YMCA, PACE Center for Girls and United Way.
The second LCBA member recognized is the Hon. Kevin Karnes, Lee County Clerk of Court and Comptroller. In addition to serving his community in this role, Karnes serves on the board of the United Way of Lee, Hendry and Glades and is active in Big Brothers Big Sisters. He also partnered with the Southwest Florida Leadership Institute at Florida Gulf Coast University to sponsor the development of the “Emerging Leaders in the Public Sector” micro-credential course. 40 40 UNDER
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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.
Chartered on Sanibel Island in 2003, Sanibel Captiva Community Bank began as a small, locally owned and operated community bank, primarily serving the residents and businesses on Sanibel and Captiva Islands. Fast forward to 2024, and we now have eight locations throughout Lee County – and soon to be nine with our newest location coming to Fort Myers Beach in 2026!
Our foundation is built on people and relationships. Our success is based on the recognition and value we place on relationships with each other, customers, and the community. This guides us in finding smart, thoughtful banking, lending, and community solutions where other banks fail. As a local community bank, we believe we must do more for our employees, customers, and community.
For over 20 years, we have pledged to support our customers, team members and community with the same passion and dedication we’ve had since the day we opened our doors. We may be bigger, but we’re still that small, neighborhood island bank at heart.
Monday to Thursday: 9 a.m. to 4 p.m.
Friday: 9 a.m. to 5 p.m.
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.
As the oldest community bank in Lee County, the entire team at Edison National Bank/ Bank of the Islands has a special place in their hearts for Southwest Florida. After hours, that includes supporting local conservation efforts to clean up our beaches and help protect the places where we live and work.
Together, we work diligently to serve as the trusted and responsive banking partner that local customers need, building strong relationships and giving back to the community. Our highly experienced and professional team is standing by to deliver remarkable banking services every day, in every way. We Make Banking About You!
