Res Gestae - May 2024

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE

COUNTY BAR ASSOCIATION

ALSO INSIDE: Law Week

Event Schedule

UNCOVERING THE CORPORATE TRANSPARENCY ACT

MENTALHEALTHMATTERS

Randall L. Spivey:

Board Certified by The Florida Bar as a specialist in Civil Trial law (2001 – present)

Rated AV Preeminent by Martindale Hubbell

Selected to Florida Super Lawyers

Client Distinction Award and Gold Client Champion by Martindale Hubbell

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.

More Than Enough

May is National Mental Health Awareness Month. This year, the National Alliance on Mental Illness (NAMI) is celebrating with the More Than Enough campaign! NAMI has been the loudest voice advocating for the rights of individuals living with mental illness since 1979, and their message is simple. If you or someone you love is experiencing a mental health crisis, you don’t need to have all the answers. Just being there is #MoreThanEnough.

Mental health affects ALL of us. One in five adults in the U.S. experience mental illness each year and less than half receive any form of treatment. 55 percent of U.S. counties do not have a single practicing psychiatrist! And, Florida ranks consistently at 48th or 49th in the U.S. for access to mental health care.

National Mental Health Awareness Month plays a pivotal role in building a community that values and prioritizes mental health. By dedicating an entire month to the cause, we can become a more informed community as we teach individuals to recognize symptoms, understand the importance of seeking help and learn how to better support friends, family or colleagues who may be experiencing mental health challenges.

LCBA is doing its part this year to support our colleagues. The LCBA has officially launched our Attorney Mental Health and Wellness Mission to assist our colleagues experiencing a mental health crisis by offering peer-to-peer mental health first aid, in addition to six completely confidential and free counseling sessions with a licensed counselor.

The other critical piece of our LCBA wellness mission is an emphasis on self-care! We will host many events prioritizing mental well-being through activities such as mindfulness, exercise and stress management. This contributes to building resilience and coping skills, leading to better mental health!

The wellness mission will be funded solely through donations from generous supporters in our legal community. We sincerely hope we can count on you!!

ADMINISTRATION

LEE COUNTY BAR ASSOCIATION

Executive Director

Lauren Baugh Administrative Assistant Mairelis Tamayo

EXECUTIVE COUNCIL

President

Hon. Kathy Smith

Vice President

John Miller III, Esq.

YLD President

Joseph Coleman, Esq.

BOARD MEMBERS

Erin Casey, Esq.

Jerry Olivo, Esq.

Megan Strayhorn, Esq.

Doug Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

TBA

Health and Wellness

Hon. Kimberly Davis Bocelli

Ashley Kogan-Weed, Esq.

John Miller III, Esq.

History

Hon. Jenna Persons-Mulicka

E. Bruce Strayhorn, Esq.

Megan Strayhorn, Esq

Law-Related Education

T. 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.

Amy McGarry, Esq.

Family Law

Kayla Richmond, Esq.

Danielle Seitz, Esq.

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

General Civil and Business Litigation

Joel Hyatt, Esq.

Kara Jursinski Murphy, Esq.

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.

Peter Dennis, Esq.

Mental Health Initiative Committee

Holly Cosby, Esq

Dawn Maselli, Esq.

Immigration law

Pablo Hurtado, Esq.

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 Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

Happy May 2024!

May is always one of our busiest months at LCBA, thanks to Law Week! Turn to page 18 to learn more about the upcoming Law Week Blood Drive (donors needed!), LCAWL Judicial Reception and, of course, our coveted Law Week Awards Luncheon!

We kicked off in April with our annual Law in the Mall clinic at the United Way Concourse HQ in South Fort Myers. This event allows LCBA members to network while helping the community by providing local residents with pro bono legal advice. Thank you to Katherine Camadeco for supporting LCBA with that venture.

The awards luncheon is my favorite part of Law Week, because it honors our four local law enforcement agencies. Law Week Chair Judge Carlin, his judicial assistant Beth, LCBA President Kathy Smith, the Board and myself have worked hard to put together a great event. We hope to see you at this special annual luncheon. Many thanks to our 2024 Law Week Award Sponsors. You’ll find a full list of these rockstars on page 27.

The Foundation also hosts its annual Charity Golf Tourney this month. It takes place on a Friday, so you won’t have to miss your Saturday plans to support! Sponsorships and foursomes are available at https://leebarfoundation.org/event.

We all know that summer is coming and will arrive quickly. Check out the calendar on page 10 for LCBA’s upcoming events that you will not want to miss!

Another favorite event of mine is Mother’s Day. Each May, I get to celebrate my mother and my daughter. I hope all the mothers out there have the best and most relaxing day!

With the School District of Lee County letting out in May, we are all surely planning for summer. Sign up for summer camps early, as they are all filling up quickly. Looking for a recommendation? The Fort Myers YMCA has a great summer camp program!

Lastly, LCBA has a thriving Lawyer Referral Services (LRS) program, but need YOU to make it a success. If you are interested in helping us expand our attorney database, please reach out!

The LRS calendar runs from June 1 to May 31 each year. LCBA Members cost $150, while non-LCBA Members are $400!

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

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

Lauren Baugh

Kati Cook, Esq.

Holly Cosby, Esq.

Kenneth E. Kemp, II, Esq.

Dawn Maselli, Esq.

Hon. Michael McHugh

Henry Lee Paul, Esq.

Hon. Kathy Smith

T. Rankin Terry, Jr., JD, LL.M

Contributing Photographer

Jim Jett Photography

Allyssa Walker

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.

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M e d i a t i o n . A r b i t r a t i o n .

V i r t u a l o r I n - P e r s o n .

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

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.

MAY 2024

2 LCBA Law Week Blood Drive

Time: 8 a.m. to noon

Location: Miller Griffin Memorial Kiwanis Park

Please RSVP: Email LBaugh@leebar.org to sign up in advance.

2 LCAWL Judicial Appreciation Reception

Time: 5:30 to 7:30 p.m.

Location: The Wine Room in Downtown Fort Myers

Honored Jurist: The Honorable Kimberly Davis Bocelli Cost: $25 LCAWL members $30 for NON LCAWL members

3 Law Week Awards Luncheon

Time: 11:30 a.m. – 1:00 p.m.

Location: Riverside Community Center

Cost: LCBA Members $25, non-members $30

See page 11 for full details.

10 RPPTL Virtual Brown Bag

Time: 12 to 1 p.m.

Location: Microsoft Teams

Topic: Planning Disasters

Speaker: Scott Johns, Esq.

17 LCBA Foundation Annual Charity Golf Tournament

Time: 7 a.m. check-in, 8:30 a.m. shotgun start

Location: The Forest Country Club

Cost varies. Visit leebarfoundation.org for additional information.

21 LCBA Criminal Law Lunch and CLE

Time: 12 to 1 p.m.

Location: Lee County Justice Center, CR 5B

Topic: Fentanyl: What it is, and what you should know!

Speaker: Roger Handberg, Esq.

Sponsor: Wilbur Smith, Attorneys at Law

27 Memorial Day - LCBA and courts closed

JUNE 2024

27 YLD Burritos with the Bench at the Lee County Justice Center Please see page 26 for full details

JULY 2024

4 Independence Day – LCBA and courts closed

5 LCBA and courts closed

AUGUST 2024

1 Baseball with the Bar

2 YLD Junk Food with the Judges at the Lee County Justice Center

16 LCBA Luncheon with FL Bar President-Elect Sia Baker-Barnes

SEPTEMBER 2024

2 Labor Day – LCBA and courts closed

OCTOBER 2024

3 Rosh Hashanah – LCBA and courts closed

18 Pro Bono Awards Luncheon at The Edison

TITLE SPONSOR:

GOLF LCBAF CHARITY

T O U R N A M E N T

J O I N U S :

Friday, May 17th

THE FOREST COUNTRY CLUB

6100 CLUB BLVD

FORT MYERS, FL 33908

Four Player Scramble

Check-in: 7:00am

Shotgun starts: 8:30am

For Tickets, Wristbands, and Available Sponsorships:

50/50 Raffle, Silent, and Live Auction Items

Light Breakfast & Buffet Lunch !

VIP Wristbands ($100+ value)

Questions?

Email VanessaFernandez@PaveseLaw.com for

Proceeds benefit the Lee County Bar Association Foundation, Inc., a 501(c) (3) organization, for the upcoming grant cycle that awards grants to other local

Supreme Court Gives Guidance Regarding Discipline

The Florida Supreme Court disbarred a lawyer for numerous instances of misconduct in The Florida Bar v. Schwartz SC19-0913 and SC21-0484 (Schwartz cases). In reversing the recommended discipline of non-rehabilitative suspensions by the referees in both cases, the Court provided important guidance on how it determines an appropriate sanction for lawyer misconduct.

The Court’s opinion addressed the application of Florida’s Standards for Imposing Lawyer Sanctions (Standards). The Standards provide a comprehensive structure of recommended discipline that is to be considered by all parties to the disciplinary system. The Standards articulate the purpose to be accomplished by discipline and recommends the presumptive discipline for various types of misconduct. The Standards also identify various types of mitigating and aggravating factors that should be considered in determining an appropriate sanction.

The reports of referee in the Schwartz cases identified the applicable Standards on which the referees relied and applied them to support their recommendations of discipline. In review, the Supreme Court rejected the application of many of these recommended Standards. Although the opinion is significant in many respects, I will address the Court’s treatment of mitigating factors as a basis for the appropriate discipline.

In reversing the recommended discipline as too lenient, the Court found that the application of mitigating factor 3.3(b)(2) (Absence of Dishonest or Selfish Motive) was not appropriate. The Court recognized that financial interest is a consideration appropriate for the application of this mitigating factor. However, in the opinion, the Court expanded the scope of conduct to be considered in relation to this factor by stating that concern for reputation, in addition to financial concerns, can support a finding of selfish or

dishonest motive. In rejecting the application of this Standard, the Court wrote that respondent’s “overzealous representation was intended to benefit his professional reputation.”

The Court also rejected the application of mitigating factor 3.3(b)(3) (Personal or Emotional Problems). The Court found respondent’s misconduct “persistently involves varying degrees of dishonesty and deceit” and stated that the misconduct was instead a result of “a lifelong personality characteristic as opposed to an acute emotional impairment.”

The Court also rejected mitigating factor 3.3(b) (12) (Remorse). Although respondent expressed acceptance of responsibility for his misconduct, the Court did not consider this to be mitigating. The Court stated that remorse was not applicable because respondent “blamed The Bar for his troubles” during his testimony.

The Court also opined that the referee confused motive with intent by relying on respondent’s assertion he intended to benefit his client. The Court stated that “a lawyer’s asserted motive or the purpose in acting is not determinative of whether a rule was violated and is not a factor in determining the appropriate sanction to impose.” The Court made the point that good motive is, as asserted by respondent, not a defense to misconduct and does not support application of the mitigating factor of remorse.

Finally, the Court pointed out that the referees “neither cited nor applied our recent case law imposing more severe sanctions for lawyer misconduct…or that cumulative misconduct warrants more severe discipline.”

This opinion leaves little doubt that the Supreme Court continues on a course of imposing harsher discipline through a stricter application of the Standards.

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.

By Kenneth E. Kemp, II, Esq., LL.M

CORPORATE TRANSPARENCY ACT:

DO LAWYERS NEED TO REPORT?

President of Patrone, Kemp, Bentley & Mace, P.A., Kenneth E. Kemp II, Jr., Esq., LL.M concentrates in wills, trusts, estates, guardianship and tax exempt organizations. He is co-chair of the wills, trusts, estates and real property section of the Lee County Bar, a board member of the Southwest Florida Guardianship Association, and on the grievance committee for The Florida Bar.

In 2021, Congress enacted the Corporate Transparency Act (CTA). The Act became effective however, on January 1, 2024. The new law is far-reaching and affects most businesses and our clients.

The CTA is a reporting requirement, and now requires you to report your business to the federal government. It affects foreign and most domestic businesses operating in the United States. This article provides a survey of the importance of the Act.

The purpose of the CTA is an effort to curb financial crimes and money laundering. It is part of the Department of Treasury. The CTA applies to businesses of all sizes, even small privately owned businesses as well as certain owners and principals. The CTA will apply to entities formed on or after January 1, 2024, and to those entities in existence prior to January 1, 2024.

The CTA reporting requirements apply to individuals and companies. Although there are 23 exceptions or exempt entities – such as public entities, banks, tax-exempt entities, or Securities

exchange or clearing agencies – the CTA requires you to report your company if one or more of the following apply:

REPORTING COMPANIES

Reporting companies are entities formed in the United States, as well as foreign entities registered to do business in the United States. This requirement affects most companies that our clients own.

BENEFICIAL OWNERS

These are individuals who either exercise “substantial control” over a reporting company, or own or control at least 25 percent of the “ownership interests” of the reporting company. Lawyers, be careful. If you are a lawyer for a client of an entity who holds the position of general counsel in a reporting company, you may be considered by the CTA as a “senior officer” of that company and, therefore, a beneficial owner and subject to report. Special attention must be given to who is considered a beneficial owner.

COMPANY APPLICANTS

These are individuals who sign and submit the documents necessary to form an entity in the United States or register a foreign entity to do business in the United States on or after January 1, 2024. Does this requirement apply to lawyers? Absolutely. A lawyer could be a company applicant and subject to report depending on their role in filing the document that creates or registers the company. For example, a lawyer (or even a paralegal) may be a company applicant, if they directly filed the document that created or registered the company.

The deadline for reporting an entity to the IRS varies. For entities formed before January 1, 2024, you have until January 1, 2025. If an entity was formed January 1, 2024, through December 31, 2024, you must file the report within 90 days from formation. Lastly, if the entity was formed on or after January 1, 2025, the report must be filed within 30 days of formation or registration.

The CTA requires the reporting of Beneficial Ownership Information, known as BOI. BOI contains information about the individuals who directly or indirectly own or control a company. There is no fee for filing. The reporting of BOI is accomplished through FinCEN.

FinCEN launched the BOI E-Filing website for reporting BOI. The site has forms and instructions on how to report. For reporting a company’s BOI, you will need to go to: https://boiefiling.fincen.gov. The best guide for determining if your entity is required to report is whether the entity was required to file a paper with the Department of State of a particular state. If so, then most likely, the entity will need to report.

If a report needs to be updated with changes, the individual or entity has 30 days to make a change to its report. If the report was inaccurate when filed, then the reporting company must file a corrected report within 30 calendar days after the date on which the reporting company becomes aware or has reason to know of the inaccuracy.

There are civil and criminal penalties for failure to comply with the law. It is unlawful for a company to willfully fail to report a complete or updated beneficial ownership information to FinCEN or willfully provide false or fraudulent information. There are civil penalties of up to $500 for each day the violation continues. There are also criminal fines of up to $10,000, imprisonment for up to two years, or both. The CTA also imposes penalties for an unauthorized disclosure of information

TERRY'S

By T. Rankin Terry, Jr., JD, LLM

Clearing up the Latest CTA NEWS

Hopefully, with the guidance of Tax Collector Noelle Branning, Esq. one of my future columns will discuss the “Tag Office,” which is the lobby in which more estate planning probably goes on than in all the county’s law offices!

T. Rankin Terry, Jr. is a longtime Southwest Florida practitioner. Board certified in civil trial for 35 years, he has been a certified mediator for 40 years. His bachelor’s degree in mechanical engineering was obtained from the University of Kentucky, followed by his juris doctor from Washington University in St. Louis. He also earned an LLM in tax from the University of Florida.

Today, I deal with the Corporate Transparency Act (CTA), 31 U.S. C. Sec. 5336. A good analysis is Corporate Transparency Act Reporting Rules Finalized, But Will Access Issues Cause Delay by lawyer Jason Warner. It can be found in the September-October issue of The Florida Bar Journal in 2023, beginning on page 26.

In my view, this is not going to be a well-received statute. First, virtually every still-active entity that you have filed – or will file in the future – with a Secretary of State filing officer will have to file under CTA. Plus, every owner, beneficial owner or important decision maker (whoever that is!) of those entities will have to file. No handwritten or printed version of the filing form, called the Beneficial Ownership Information Report (BOI Report), will be permitted – only online filing!

The BOI Report’s Privacy Act and Paperwork Reduction Act Notice is 18 lines of very small type. It estimates various scenarios to collect data and file from 10 to 650 minutes. To get a usable copy of the BOI form, you must use Acrobat Reader, thus, triggering Adobe’s solicitations.

And, entities with over 20 full-time employees, over $5 million in gross sales and an operating presence and physical office in the United States do not have to file. CTA is aimed squarely at individuals and small businesses, however defined.

Here’s an overview of the substance of CTA. Broadly, any active entity filed before Jan. 1, 2024 has until December 31, 2024 to file. Any filed since December 31, 2023 have 30 days to file. And, all filings will have to be updated within 30 days of any address changes using an identifying document such as a driver’s license or passport and including expirations, identifying document number changes and the like.

My admonition is that we, as lawyers, stay out of this. Let the accountants do it. We have no practical way of knowing who an entity’s owners or beneficial owners are at any given time, much less Important decision makers. Clients must sign many documents, mostly IRS documents, certifying this and that for their accountants. We don’t routinely have that. Also, we don’t want to make the call that a client’s “significant other” or “otherwise” is an important decisionmaker with respect to an entity.

Don’t get your hopes up, but in mid-March, a federal judge in Alabama ruled that CTA was unconstitutional. Stay tuned to see what follows.

YOUR PREVIEW OF LAW WEEK 2024

Calling all Legal Eagles for Law Week 2024, a series of special events hosted by the Lee County Bar Association (LCBA) in tandem with many local partners. The LCBA is most appreciative of Judge Carlin for serving as Law Week chair for over 30 years!

The tradition centers around Law Day, which started in 1957 and is observed annually in the United States on May 1. According to the American Bar Association (ABA), it provides the opportunity to understand how law and the legal process protect liberty, strive to achieve justice and contribute to the freedoms that all Americans share. The goal is to celebrate the role of law and uphold the legal profession within our modern society.

According to the ABA, the 2024 theme for Law Day is Voices of Democracy. This theme encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process; discussing issues in honest and civil ways; turning out to vote; and, finally, helping to move the country forward after free and fair elections. In this way, Americans can ensure that their government remains responsive to the wishes of the people.

Building around Law Day, the LCBA has prepared a week filled with programs for Lee County attorneys and honorable guests to enjoy. In fact, Law Week 2024 already kicked off with Law in the Mall, held on Saturday, April 27 at the United Way of Lee, Hendry and Glades office in South Fort Myers. During the free legal clinic, representatives from Lee County Legal Aid Society, Florida Rural Legal Services, the Lee

County Tax Collector, Lee County Elections and the Clerk of the Court answered questions from members of the public.

On May 2, the annual LCBA Blood Drive will be hosted at Miller Griffin Memorial Kiwanis Park in Fort Myers, from 8 a.m. to noon. The need is great, so please donate if you are able. For more information, contact LCBA Executive Director Lauren Baugh at LBaugh@leebar.org.

Additionally on May 3, the Lee County Association for Women Lawyers (LCAWL) will host its Annual Judicial Appreciation Reception at The Wine Room from 5:30 to 7:30 p.m. The event honors a local judge, and LCAWL will also be presenting a scholarship to a deserving applicant. For more information and tickets, contact Maria Alaimo at LeeWomenLawyers@gmail.com.

Finally, you will not want to miss the 2024 LCBA Law Week Awards Luncheon, held at Riverside Community Center in Fort Myers on Friday, May 3 at 11:30 a.m. Join your fellow LCBA members and representatives from local law enforcement to honor this year’s outstanding honorees. Awards will include the Lee County Officer of the Year Award and the Dr. James Adams Lee County Teacher of the Year Award, as well as the prestigious LCBA Liberty Bell Award. For tickets and RSVPs,

2024 Bench Bar-B-Q & Shrimp Boil MAKES A SPLASH

The LCBA recently hosted its annual Bench Bar-B-Q & Shrimp Boil on March 23, 2024, which served up mouthwatering barbecue alongside a simmering pot of seafood. More than 100 attendees took the bait and swam over to Alliance for the Arts to enjoy the familyfriendly event, which featured a bounce house, sweet treats, face painting, a live DJ and more Many thanks to the Hon. Robert Branning and Jerry VonGruben for making a boatload of delicious surf and turf!

1. Judge Robert Branning, Jerry VonGruben, Judge John McGowan

2. Hon. Kathy Smith

3. Brian Riley and Puppy

4. Andrew Banyai and Daughter

5. Ryan Downey and Sons

6. Blake Rizzolo and Mike Raheb

7. Mykisha Atisele and family with Hon. Kathy Smith

8. Hon. Kimberly Davis Bocelli and Husband

9. Hon. Kathy Smith, Joey Coleman and Wife, Lauren Baugh and Hon. Kevin Karnes

10. Michael Mummert and Girlfriend

11. Ryan Downey, Katherine Camadeco, Sarah Spector and Husband

12. Hon. Kathy Smith and Husband, Michael Anthony Pica and Lauren Baugh

Mission forMental Health On a

By Diana “Dawn” Maselli, Esq., and Holly Cosby, Esq. Co-Chairs of the LCBA Mental Health and Wellness Mission

Let’s be honest, our profession is stressful.

Each and every one of us is bound together by the honor of having taken the Oath of Admission to The Florida Bar. When a client depends on us, they are putting their very lives and their families’ lives in our hands. In our offices and in the courtroom, we help our clients solve problems and we help them buy their first homes or adopt their first child.

But, we also see death, divorce, suffering and sadness. We see good people at their worst and bad people at their best. And, that’s just during our “9 to 5.” What about the rest of our days and lives? We are building families, we are building careers and we are buying our first homes, but we may also be going through a divorce, watching a loved one suffer or going through our own financial hardships.

Not only are our jobs stressful, but our lives are stressful. Some of us are able to cope without outside help, but some of us cope with substances or in other harmful ways. We may need help. We may need to talk to someone. We may feel so alone or so ashamed that we have no idea how or where to seek the help we need.

That help will soon be available.

Making Mental Health Moves

Welcome to the Lee County Bar Association’s Mental Health and Wellness Mission (MHWM), led by the Honorable Kathy Smith, LCBA president and public defender for the Twentieth Circuit, attorneys and co-chairs Dawn Maselli and Holly Cosby, and LCBA Executive Director Lauren Baugh.

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. These will take place with either Dr. Steven Cohen or Dr. Laura Streyffeler.

The MHWM also provides attorneys with an opportunity to talk to a network of Lee Health-trained peer liaisons. What is a peer liaison? These individuals are local attorneys and judges who have committed to attending training sessions through Lee Health to learn about helping their peers. There are still a few spaces left for the Lee Health training held on

May 28. Any interested judge or attorney can fill one of those spaces by sending an email to Lauren Baugh at lbaugh@leebar.org.

Possible Through Generous Support

While the therapy sessions are free to any active Florida Bar attorney practicing in Lee County, Dr. Cohen and Dr. Streyffeler are charging for their services. The services are paid for through the help and generosity of several individuals who have donated to support this vitally important mission. Associates and Bruce L. Scheiner is championing this initiative at the $10,000 Diamond Sponsor level, along with the Hon. Kathy Smith with $2,500 and Holly Cosby with $3,000.

“Stress and anxiety are enormously corrosive to our physical and emotional wellbeing, as well as to the effective practice of law. Supporting a program that helps members of our bar better manage stress and anxiety - thereby improving mental health and overall wellness - is a chance to help improve the practice of law and raise the bar for everyone in our community,” said Preston J. Scheiner, a trial attorney at Associates and Bruce L. Scheiner.

Funding the MHWM is crucial to building the mission and making it a success, and we need your help! There are many sponsorship levels and opportunities. Any amount will be accepted and will certainly be helpful. Please contact Lauren Baugh if you are interested in sponsoring this program.

As Maya Angelou once said, “[T]he idea of overcoming is always fascinating to me. It’s fascinating because few of us realize how much energy we have expended just to be here today. I don’t think we give ourselves enough credit for the overcoming.”

If you need help with “overcoming,” don’t hesitate to utilize the MHWM program. Success is a state of mind. With this program, we will all be on the road to success! This program gives every attorney practicing in Lee County the ability to achieve mental wellness, and the entire LCBA Health and Wellness Committee is proud and honored to present this opportunity to you.

local organizations such as LCBA and the YLD, Lee County Association for Women Lawyers, and Tort Litigation Section. She is the chair of the 20th Judicial Circuit Grievance Committee “C” and a Calusa Inns of Court member.

Attorney Holly Cosby practices in the areas of property owner and landlord representation for leasing and evictions. She also proudly represents the Value Adjustment Boards of Lee, Hendry, Glades, Collier, and Hernando Counties. Holly is a Rotarian, member of Mensa International, and master and past president of the Calusa Chapter of the Inns of Court.

A personal injury lawyer at Associates & Bruce L. Scheiner, Dawn Maselli has distinguished herself as a leader in

An associate at Boy Agnew Potanovic Miller, Kati practices in the field of labor and employment law. She obtained a bachelor’s from Florida Gulf Coast University before pursuing her law degree at Ave Maria School of Law. Kati interned with the Office of the Attorney General for the State of Florida as well as at Henderson Franklin in Fort Myers.

Kati Cook, Esq.

BURRITOS WITH THE BENCH - JUNE 27 SAVE THE DATE

Last year, the Young Lawyers Division of the Lee County Bar Association (YLD) held the second annual Burritos with the Bench event. Burritos with the Bench is an annual event that takes place at the Lee County Courthouse, and as expected, it comes with delicious burritos, tacos and a fully catered lunch.

It is always one of the more well-attended and successful events of the year for the YLD. Burritos with the Bench gives a chance for the young lawyers and other local lawyers (there is no age limit!) to meet and mingle with the 20th Judicial Circuit and County judges and magistrates.

Burritos with the Bench is a great opportunity for lawyers and the Court to gather together in an informal environment and have open discussions. Over the past two years, the YLD has been blessed with a supportive judiciary, who have come out for the event. In addition,

it is generally attended by some of our court administration and personnel. It is also the perfect event for young lawyers who may not have attended prior YLD events or have not attended our events recently.

As in previous years, this event will be hosted at the Lee County Justice Center in Courtroom 4A. It will once again feature burritos (of course!), tacos, and other lunch items from Tijuana Flats. This event is made possible by grant funds awarded by The Florida Bar’s Young Lawyers Division. Thanks to these grant funds, this event is completely free!

Please mark your calendar for June 27, 2024 at 12 p.m. and be on the lookout for emails with information regarding registration. If you have any questions about the Burritos with the Bench event or general questions about the YLD, feel free to reach out to me at kati@bapfirm.com, or ask any YLD board member.

Please join Lee County Bar Association in welcoming these newest additions to our membership rolls.

KURTIS JOHNSON, ESQ.

Kubicki Draper

JASON MIKES, ESQ.

Hamilton Mikes, P.A.

SAMUEL SENDROW, ESQ.

Fried and Fried, P.A.

Providing the mental and behavioral healthcare needed for our community has been our highest priority since Hurricane Ian.

–Stacey Cook, CEO of

“ “SalusCare

A Culture of Caring and Compassion

Two long-standing mental and behavioral health agencies, Southwest Florida Addiction Services and Lee Mental Health, merged in 2013 to form the largest nonprofit mental health and substance abuse treatment agency in Southwest Florida.

SalusCare, named for Latin roots of “Salus,” (pronounced “Sail-us”) meaning health, prosperity and safety, continues to reflect that focus 10 years later. Today, the mental health and substance abuse provider is committed to improving the full continuum of behavioral health care for children and adults. It employs more than 300 people who bring hope and recovery to nearly 16,000 adults and children from six locations in Lee County.

The organization is working to address the growing need for mental, behavioral and addiction services, which has been on the

rise in the past few years and is expected to triple in the next five to 10 years. This includes envisioning new ways to embrace technology and telehealth. At the Crisis Stabilization Unit, where some of the area’s most urgent and severe mental health crises are treated, the team has been working with data and training to reduce the use of seclusion and restraint. The result has been decreases in injuries and increases in patient and staff satisfaction.

The organization also wants to remain agile and at the forefront of promising treatments. All substance abuse programs and most mental health services are accredited by CARF International, an independent, nonprofit accreditor of health and human services.

For information, visit saluscareflorida.org or call 239-275-3222.

Walk-in Psychiatric Services for Children and Adults

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Lauren Baugh

CARBS CARBS CARBS at

Let’s talk carbs – and pasta, specifically.

Out of all of the carbs, savory and sweet, admittedly my favorite is pasta! Candidly, I am not that picky about the sauce or toppings that adorn said pasta, but I do love a great quality pasta! I love bread, and truly could not give it up, but pasta is just the sauce for me. See what I did there?

Now in Lee County, there are many Italian or Italian-adjacent spots to hit up, but my favorite

is The Saucy Meatball! Many of us who have been here for several decades know the Basile family. I’ve known this family and their cuisine since I was 4 years old, and the quality and flavor have not changed over time. Their food is as yummy as when the family served pizza right by the Edison Movie Theatre, or years later, at Bell Tower.

In transitioning to The Saucy Meatball, pasta took the limelight away, although they do

Lauren Baugh is the Executive Director at Lee County Bar Association and can

still offer scratch-made pizza. But the carbs clenched the title with good reason.

Everyone has a pasta that they favor. Mine is angel hair pasta! You can wrap a large amount of angel hair on your fork and add a slice of your chicken, and a little bit of that melty mozzarella and it is truly heaven in a bite.

The Saucy Meatball kicks it up a notch or two with some unique favorites. Now if you are like me, you tend to go traditional. The last time I was there, I chose the classic chicken parmigiana with angel hair pasta. The chicken was perfectly fried, not too heavy on the breading, with just a light, crisp crust to complement the delicious sauce all on top of the al dente angel hair.

Now, this Italian restaurant does offer more than just pasta and pizza. They have all the staples one would want and could imagine at

an Italian restaurant, including a large selection of seafood. The Saucy Meatball’s menu has it all, from chicken wings to veggie stromboli –along with a pretty extensive wine list. And, as someone who frequently dines out, I can tell you that they are also very fairly priced.

So there you have it: delicious food, a great wine selection, and fair price. This is somewhere that if you have not yet been to, you must go! Where is it? It is located just east of I-75, in Gateway.

Fun fact: Our LCBA President is known to frequent The Saucy Meatball, along with her husband Mark! Another fun and awesome fact: The Saucy Meatball are one of our very generous Law Week Award Luncheons Sponsors. They are catering, so if you have not yet had a chance to swing out there, attend the Law Week Luncheon to taste-test their food! You will not be disappointed.

HOURS OF OPERATION

Sunday – Thursday 11 a.m. to 9:30 p.m.

Friday – Saturday 11 a.m. to 10 p.m.

Fort Myers, FL 33913

(239) 800-7172

IS YOUR FIRM PART OF THE 100 CLUB?

Any firm with two or more attorneys and 100% membership in LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

Absolute Law, P.A.

All Injuries Law

Aloia, Roland, Lubell & Morgan, PLLC.

Arend & Sisk, P.A.

Associates & Bruce L. Scheiner, P.A.

Banker, Lopez & Gassler

Boy Agnew Potanovic Miller, PLLC.

Boyle & Leonard & Anderson, P.A.

Burandt, Adamski, Feichthaler & Sanchez, PLLC.

Calvo & Calvo, Attorneys at Law

City of Fort Myers Attorney’s Office

Dal Lago Law

Freidin & Inglis, P.A.

Garvin Law Firm

Goldberg, Noone, Abraham

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

GrayRobinson, P.A.

Green, Schoenfeld & Kyle, LLP

Hahn, Loeser & Parks, LLP

Kagan Law Firm

Knott Ebelini Hart

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

Law Offices of Michael M. Raheb, Criminal Lawyer

Law Offices of Scott T. Moorey

Lee County Attorney’s Office

Lee County Legal Aid Society, Inc.

Light Path Law, P.A.

Linde Law Group

Men’s Rights Law Firm

JUDICIAL SPOTLIGHT

THINGS

YOU DON'T KNOW ABOUT ME

Osterhout & McKinney, P.A.

Patrone, Kemp & Bentley, P.A.

Pavese Law Firm

Roetzel & Andress, L.P.A.

Rubinstein & Holz

Scarmozzino / King Trial Lawyers

Sheldon E. Finman, P.A.

Sheppard Law Firm

School District of Lee County

Spivey Law Firm, Personal Injury Attorneys, P.A.

Strayhorn, Persons-Mulicka & Fisher, P.L.

Viles & Beckman, LLC

Wilbur Smith, LLC

Yeslow, Koeppel & Anderson

ZinnLaw, PLLC.

u The Honorable Michael McHugh

1. I am the sixth of seven kids. My oldest sibling is nine years older than me, and my youngest is nine years younger. I loved being in such a large family, and we still get together frequently.

2. I was on a state championship cross country team at Fort Myers High School, then ran at the University of Florida. I began running seriously again when my oldest son started to run for Fort Myers High, and I have run the Boston Marathon twice.

3. Three friends I graduated from high school with and I get together once a year for a trip. We enjoy hiking and climbing 14,000-foot summits. After a near-death experience on the “Deadly Bells” in Colorado, I am a bit more cautious.

4. I have three children – and we’re an entire family of Gators. My two oldest children have graduated from University of Florida (UF) and are now in law school. The third will complete high school this year and is headed to UF for her undergraduate. She’s also planning on law school. My wife also went to UF!

5. When I was 9 years old, I walked door to door for Senior Judge James R. Thompson’s election for County Court. He won that election and I began to think about becoming a judge.

Scott T. Moorey

Criminal Defense Attorneys

Scott T. Moorey

Lance W. Dunford

Jill A. Prenger

Good People Do Get Arrested

YOU DON'T KNOW ABOUT ME

u Holly Cosby, Esq.

1. I came to Fort Myers for middle and high school, so I am an assimilated native. My husband and his mother were born here. After living in Tallahassee and Miami, and knowing I didn’t want to leave Florida, my husband and I decided this would be the best and safest place to raise a family. We were absolutely right and do not regret it for a second.

2. When Harry Potter World was opening at Universal Studios, I was granted four tickets through a secret promotion for Florida residents. My kids, my husband and I enjoyed Harry Potter World at Universal Studios for two hours with fewer than 200 other people on the day before they opened it up to the world. My kids were the first to ever buy wands at that Olivander’s.

3. My advice to my younger self? Take care of yourself and make time for the things you like to do. Don’t spend so much time rescuing people and solving other people’s problems. Don’t take on clients that try to bargain your fee down during the initial consult. Enjoy the present. Don’t fixate on the past or worry about what’s to come.

4. We have Sabbath dinner at my parents’ house every Friday night, which we have been doing for over 25 years. My parents, my siblings, my children, my nieces and nephews, and often friends, all get together. It’s a wonderful way to end the week and bring in the weekend.

5. If I could share a meal with any famous historic figure, I would choose Eleanor Roosevelt, Oprah Winfrey, Hillary Clinton or Michelle Obama. I would sit at the feet of any woman who has experienced serious growth and change, who has faced heavy adversity, and who has come out the other side having made a difference in the world.

• Business and Commercial Litigation

• Community Association Law

• Construction and Construction Litigation

• Estate Planning

• Financial Services

• Probate Litigation

• Real Estate and Land Use

IN THE NEWS

INVESTED IN LEE COUNTY

On April 5, the Twentieth Circuit Court of Florida celebrated the investiture of Lee County Judge Kimberly Davis Bocelli. During the ceremony, she shared touching words about the support that she has received from family, friends and legal colleagues.

WISE COUNSEL

Henderson, Franklin, Starnes & Holt, P.A. is pleased to announce the addition of Terence Brennan in an Of Counsel role, serving in the firm’s business and tax department. He brings over three decades of invaluable experience in corporate law, intellectual property, and emerging technologies. Known for his attention to detail and pragmatic approach, Terence has served as a trusted advisor to a diverse clientele, spanning from startups to Fortune 100 companies.

NEW PUBLIC RECORDS EXEMPTION

Gov. Ron DeSantis has signed HB 715, which aims to make privacy protections in Florida’s problem-solving courts more uniform. Effective March 22, 2024, the legislation creates a public records exemption for participants in veterans and mental health courts, extending the same privacy protections that apply to other problem-solving courts. With exceptions for the patient’s attorneys and health care providers, the bill shields from public view such things as intake records, drug screenings, and mental health and behavioral evaluations.

EDISON NATIONAL BANK

Founded in 1997, Edison National Bank, and its Bank of the Islands offices, is the oldest locally owned and managed community bank in Lee County. Dedicated to providing genuine personal services and on-site decision making, the company has an undeniable interest in the future growth and well-being of the community it serves.

Like Thomas Edison, the team at Edison National Bank/ Bank of the Islands believes there is always a better way. The banking team models this approach by creating an extraordinary experience of meeting customer needs and exceeding expectations at every encounter. Banking isn’t just about numbers. It’s about people.

This is why Edison National Bank takes the foundations of good banking – personalized services, meaningful relationships, and a smile with each handshake – and builds upon them to create innovative banking solutions for modern users. Customers can bank anytime, anywhere via the Edison National Bank OnLine AnyTime mobile banking app after enrolling at one of the bank’s conveniently located offices.

With more than 27 years in business, Edison National Bank’s professional banking team also proudly provides the community with the additional stability and resources of an FDIC-insured, nationally chartered bank. The bank continues to earn the highest “5-Star Superior” rating by BauerFinancial.

Edison National Bank/Bank of the Islands offices are conveniently located in Fort Myers, Sanibel Island and Captiva Island.

Learn more at EdisonNationalBank.com.

Richard Shera Vice President, Residential & Consumer Loan Officer

Kim Nyberg Vice President, Professional & Executive Banking

Michael Greenhoe Vice President, Commerical Loan Officer

Greg Blurton Vice President, Sr. Commercial Loan Officer

A BETTER WAY TO BORROW

Like Thomas Edison, we believe there is always “a better way.” To us, that means being attentive, invested and involved in the efforts of our community’s business owners and residents as we provide them with lending services that empower them to reach their goals.

As a bank with a 5-Star Superior Rating from Bauer Financial, we are standing strong with money to lend. With a history of long-term stability and resilience, we are absolutely committed to remaining well-positioned to honor our promises and protect our banking customers.