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FEBRUARY 2018

THE ONE BIG THING What each LCBA leader wants to get done in 2018

Tax? Relax!

The Lee County Tax Collector's Office is out to make paying taxes easier

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

Congratulations

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Contents

features

AD DIRECTORY

18 Professionalism Summit

Civil Rights and Civil Liberties

Boyle & Leonard, P.A.

by David Seitz

Brad Jessen, Edward Jones

20 Not so taxing

Lee County Tax Collector strives to create convenience

by Chuck Myron

25 Eyes on the future

LCBA leaders aim high

by Chuck Myron

Calvo & Calvo Attorneys at Law

Cheffy Passidomo, P.A.

CONRIC PR & Marketing | Publishing

Copy IT

CopyLady IFC DeMine Immigration Law Firm

Denise Kennedy

FineMark National Bank

9 BC 7

First Florida Investigations

Fort Myers Court Reporting

Garvin Law Firm

Get Smart Bail Bonds

Henderson, Franklin, Starnes & Holt, P.A. 23

by Dan Endrizal, Esq.

Letter from the Executive Director by David A. Seitz

10 Calendar of Events 12

Law Firm of Scott T. Moorey

Law Offices of Dennis L. Webb

Leonard P. Reina

Real Estate Council

Leslea Ellis, LLC

by Sean Ellis, Esq.

Livingston Loeffler, P.A.

Ethically Speaking

YLD Spotlight Legal Lens

LCBA Swearing In Ceramony LCBA Swearing In Ceramony

29 100 Club/New Members

The Saloon

Jennifer Gutmore, Esq.

36 LCBA Members Care Erin Houck-Toll, Esq.

38 In The News RES GESTAEâ€‚ | February 2018

Panther Printing

Real Estate Advisory Services, LLC

Roetzel & Andress

Sheldon E. Finman, P.A.

Veranda Restaurant

Honorable Elizabeth Krier

On the cover: Lee County Tax Collector Larry Hart and General Counsel Noelle Branning Photo credit: Jim Jett Photography

North Law Firm, P.A.

Total QuickBooks Solutions

34 LCBA Members Care

Spivey Law Firm, P.A.

32 LCBA Judges Care

Merit Court Reporting, Inc.

Simon M. Harrison

30 The Dish

McHale, P.A. Musca Law Office, Inc.

24 Legal Lens

IBC 36

by Joel Hyatt, Esq.

Joe Viacava Law Firm Kushner & Kushner Attorneys

by Henry Lee Paul, Esq.

Edison National Bank

Letter from the President

Business Observer

Donna Tisch

departments

7 5 13 7

Von Ahn & Associates

William DeForest Thompson Jr., LLC

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Letter from the president Feb. 14 is celebrated as (Saint) Valentine's Day, and it is certainly one of the most widely observed unofficial holidays around the world. But February also marks many memorable moments in history. We all appreciate Presidents Day to celebrate the birthdays of two of our most important presidents, George Washington and Abraham Lincoln. But it is also the birth month of our 40th President Ronald Reagan and our 9th President William Henry Harrison who died only 31 days after his inauguration, developing pneumonia from the cold during his inaugural ceremonies. Our very own Thomas Alva Edison was born in February. He was best known for his quote, “Genius is 1 percent inspiration and 99 percent perspiration,” and life-changing inventions to include the incandescent light bulb, phonograph and motion picture camera. Other notable scientists with February birthdays include astronomer and physicist Galileo Galilei, astronomer Nicolaus Copernicus and naturalist Charles Robert Darwin. Literary greats Henry Wadsworth Longfellow and Charles Dickens, as well as illustrator Norman Rockwell, were all born in February. For the sports fans, February touts the birth of legendary baseball player George Herman “Babe” Ruth. Great ladies Susan B. Anthony, who played a pivotal role in the women’s suffrage movement, and our first female elected U.S. Senator, Hattie Caraway, were both born in February. Great military commanders born in February include Union Civil War Gen. William Tecumseh Sherman and Adm. Chester Nimitz, who commanded Allied naval, land and air forces in the South Pacific during World War II. As for my personal favorite, this February marks the 108th birthday of The Boy Scouts of America, founded by William Boyce. I believe many of these young men (and soon young women too) will become our future law enforcement, military and first responders. Out of respect and gratitude for all the great experiences I appreciated scouting as a boy, I am sponsoring our local Pack #11 in February. This pack, which consists of 38 young boys in Lee County, has been working diligently toward obtaining a much-needed new trailer. I will be presenting them with a check so that they may complete this acquisition before their next big scouting event. In February, I would welcome and encourage all members to share any thoughts or ideas about ways we as an organization can reach out and give back to our local law enforcement officers, firemen, veterans and other first responders in 2018! Daniel Endrizal, Esq. Daniel.Endrizal@earthlink.net | 239.728.8555

RES GESTAE | February 2018

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ David Seitz Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL

President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Secretary ~ Blake Hampton, Esq. Treasurer ~ Matt Roepstorff, Esq. Board Members: Kathleen Smith, Esq. • Tiffany Pereira, Esq. Alina Gonzalez-Dockery, Esq. President Emeritus ~ Kelly L. Fayer, Esq. YLD President ~ Joel Hyatt, Esq.

COMMITTEES

History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Mock Trial Shaina Zuppke, Esq. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan, II, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Stephanie Russell, Esq. Elder Law Blake Hampton, Esq. & Amy McGarry, Esq. Family Law Magistrate Gilberto Perez & Kati Calvo, Esq. General Civil & Business Litigation George Knott, Esq. & Carlos Kelly, Esq. Land Use & Governmental Law Amanda Brock, Esq. & Erica Woods, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Matthew Linde, Esq. Solo and Small Practice Section Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

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February 2018 | RES GESTAE

Letter from the executive director A new year always brings about big changes, and I am excited to announce I will be stepping down from the position of Executive Director of the LCBA. I will be working with Aloia, Roland, Lubell and Morgan, PLLC as their senior business Swiss Army Knife. I think an apt comparison would be to the fresh graduate who works for the government for a few years, then moves on into private practice. I’ve had a fantastic two years here at the Bar Association and will definitely continue to participate with the Young Lawyers and on event committees. As you read this, the County and Circuit High School Mock Trial Competitions are either in the can or wrapping up. I hope my alma mater Fort Myers High School represented well. The Circuit Competition is on Feb. 16 and 17 in the Charlotte County Courthouse, and they are still in need of volunteer judges as I write this. If you would like to participate, please email Maria Berrette at maria@b-zlaw. com. We’ll be taking the Shrimp Boil and Bar-B-Q to the Alliance for the Arts on March 24, with the Honorable Chef Judges Branning and Lundy squaring off to see which is more loved — surf or turf. We’re still looking for sponsors, and we’ve put together a variety of ways to support the event. Reach out to Lisa at admin@leebar.org for the latest info. The LCBA Foundation Golf Tournament will be held at the Plantation Golf Course on Saturday, May 19, with proceeds going to the LCBA Foundation to provide grants to a variety of community organizations. Please reach out to Shannon Puopolo at Shannon.puopolo@henlaw.com if you would like to participate in the planning (I’ll be there). You can already register your golfers and sign up as sponsors on Leebar.org.

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 ASSOCIATE EDITOR Chuck Myron CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Dan Endrizal, Esq. David Seitz Henry Lee Paul, Esq. Sean Ellis, Esq. Joel Hyatt, Esq. Hon. Elizabeth Krier Jennifer Gutmore, Esq. Erin Houck-Toll, Esq. Chuck Myron

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org. 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 our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.

I’m also excited to report that Lisa Poulin will be stepping up to a new leadership role with the bar as executive director. Thank you for your support of this magazine and all the events and programs we’ve put together in my time here. I’m excited to see how the LCBA grows with her and our new Executive Council at the helm. Good luck, and thank you.

Copyright© 2018. 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 of the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047

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RES GESTAE | February 2018

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February 2018 | RES GESTAE

calendar of events Some dates for 2018 Section Meetings have not been confirmed - Check leebar.org for details!

February 2

March 24

Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.

Noon-4 p.m., Alliance for the Arts, 10091 McGregor Blvd., Fort Myers. For more information and registration, visit www.leebar.org.

LCBA Young Lawyers Division Lunch Meeting

February 2 and 3

Lee County High School Mock Trial Competition

Annual Bench Bar-B-Q & Shrimp Boil

March 30

For attorney volunteers, please contact Shaina Zuppke at shaina@b-zlaw.com or Maria Berrette at maria@b-zlaw.com.

Good Friday

February 14

LAW WEEK EVENTS

Alternative Dispute Resolution Practice Section Meeting

Noon-1 p.m. with Judge Laboda in Hearing Room 4-O, Lee County Justice Center, 1700 Monroe St., Fort Myers.

February 15

Family Law Section Brown Bag Lunch

11:30 a.m.-1:30 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe St., Fort Myers.

February 16 and 17 Circuit Mock Trial Competition

Charlotte County Justice Center, 350 E. Marion Ave., Punta Gorda.

March 2

LCBA Young Lawyers Division Lunch Meeting

Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.

LCBA office and courts closed.

April 28-May 4

Hon. John S. Carlin, Law Week chairman, would like to personally thank all the attorneys who are volunteering their time to ensure another successful Law Week in Lee County. If there are any activities that you would like to participate in, please contact any of the committee members for assistance.

April 28

Law in the Mall

10 a.m.-2 p.m., Edison Mall, Fort Myers. Attorney volunteers please contact Ryan O’Halloran at 239-334-7212 or ryan@ohalloranfamilylaw.com.

April 30

Law Week Blood Drive

8 a.m-3 p.m., Lee Health Blood Mobile, southeast corner of Monroe St. and Dr. Martin Luther King Jr. Blvd., Fort Myers. Contact Luis Rivera at 239-344-1323 or luis.rivera@henlaw.com.

May 3

The Bar and Judiciary Appreciation Reception

p.m. Location TBA. Cost is $20 for Lee County Association for Women Laywers members and $25 for non-members. Judges are admitted for free. RSVP to Dawn Jezik at ddj@blslawyers.com.

May 4

Second DCA Oral Arguments and Students’ Q&A with Second District Court Judges 8:30 a.m., courtroom TBA, Lee County Justice Center, 1700 Monroe St., Fort Myers

May 4

Law Week Awards Luncheon

11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Awards include Law Enforcement Officers of the Year for Fort Myers, Cape Coral, Sanibel and Lee County; Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education; Liberty Bell Award. Cost is $25 for LCBA members and $35 for non-members. Judges are admitted for free. RSVP and pay online at www.leebar.org or 239334-0047.

May 19

LCBA Foundation Charity Golf Tournament

Registration 7:00 a.m., The Plantation Golf & Country Club, 10500 Dartington Drive, Fort Myers.

June 1

LCBA Young Lawyers Division Lunch Meeting

Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.

Cocktail hour 4-5 p.m., reception 5-7

Visit us online at leebar.org to see the entire LCBA Annual Calendar. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2017

RES GESTAE | February 2018

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February 2018 | RES GESTAE

Ethically speaking BY HENRY LEE PAUL, ESQ.

Florida Bar opposes would-be rule changes favored by members

ozens of members of The Florida Bar are at odds with the organization’s board of governors over a petition that sits before the Florida Supreme Court.

Florida Bar member Thomas O. Wells filed the petition on behalf of himself and 50 other members proposing amendments to The Rules Regulating The Florida Bar in SC171965. The changes would encourage professionalism, deter frivolous claims, encourage withdrawal of frivolous claims and prevent disparate enforcement of the rules, according to the petition’s stated goals. The proposal seeks to amend the comment to Rule 4-3.1 (Meritorious Claims and Contentions) and require that a final decision of the Florida Supreme Court, a Florida appellate court, or a federal appellate court determining prosecution of a frivolous claim or defense pursuant to F.S. 57.105 (Sanctions for Raising Unsupported Claims or Defenses) be considered a “conclusive determination of a violation of Rule 4-3.1.” Similar provisions such as Rule 11, Fed. R. Civ. P., and Rule 9.410, Fla. R. App. P. are also included in the proposed amendment. The Petition for Amendment included related proposed amendments to Rule 3-4.3 (Misconduct and Minor Misconduct) and Rule 3-5.3 (Diversion) that are designed to further codify the per se nature of a violation of the Rules and to impose a self-reporting requirement. The proposed amendment would allow a diversion to be imposed for violation of the rule. The board of governors voted unanimously Dec. 8 to oppose the proposed amendments, according to a response filed Dec. 29 by The Florida Bar, which objected to the absence of discretion under the would-be amendments. The Florida Bar expressed the desire to retain discretion

RES GESTAE | February 2018

for grievance committees to evaluate the entirety of the circumstances of the relevant conduct. In an affirmation of the importance of the review of conduct by a committee of peers, The Florida Bar gave a strong vote of confidence to the importance of the grievance committee process. The Florida Bar took the position that the proposed amendment “bypasses a grievance committee entirely, violates due process rights of defendants, and undermines the entire bar review process.” The Florida Bar also explained that the evidentiary standard for a violation F.S. 57.105 is less than the clear and convincing standard required by The Rules Regulating The Florida Bar. The response by The Florida Bar is an important endorsement of the grievance committee process. It is unfortunate that The Florida Bar, on a regular basis in certain branches, has minimized the input of the grievance committee in the disciplinary process. This minimization is shown by the refusal to appoint a grievance committee member as the investigating member of a matter before it. Instead, The Florida Bar will often appoint Bar Counsel as the investigating member. Such a practice risks depriving the respondent and counsel of the ability to have direct communication with the committee, absent a live hearing. It is unknown when the Supreme Court will issue a ruling. ⚖ Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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February 2018 | RES GESTAE

Real Estate Council BY SEAN ELLIS, ESQ.

Real estate councils help attorneys better serve clients

preholiday gathering provided a glimpse of the possibilities the newly rejuvenated Southwest Florida Attorney’s Real Estate Council harbors for local attorneys. The council’s mission is rooted in a belief that real estate attorneys are uniquely qualified to better protect the public in real estate transactions. Therefore, not only is the Attorney’s Real Estate Councils of Florida, or Florida ARECs, committed to leadership and education like at the recent gathering organized by the Southwest Florida chapter, it’s also committed to promoting Florida real estate attorneys. Florida ARECs is a coalition of 21 local real estate councils across the state, representing more than 1,100 Florida real estate attorneys. The Southwest Florida council encompasses Lee and Charlotte counties. Florida ARECS has previously collaborated with the RPPTL section of the Florida Bar and is supported operationally by The Fund, which provided Jay St. Lawrence as a speaker at the gathering. St. Lawrence gave a well-timed and enlightening one-hour continuing legal education lecture on cyber fraud, and the collegial gathering expanded into an exchange of personal experiences and potential solutions by the attendees. Transactional real estate attorneys face a marketplace where consumers increasingly rely on non-attorney title companies to handle closings. Just four in every 10 real estate transactions are closed by a real estate attorney. But when attorneys, Real Estate Councils like your SWFL REC, and real estate professionals all work together, we can better represent and improve outcomes for all involved. So a major focus — and success — of ARECs across the state has been hosting events that bring together real estate attorneys, real estate agents, lenders and other industry professionals, such as the Annual Law Symposiums in Orlando, Palm Beach and Fort Lauderdale, which attract

RES GESTAE | February 2018

over 400 real estate agents each year. These efforts to promote your practice distinguish the Real Estate Councils, and a group of local attorneys has spent the last year working to replicate that success here in Southwest Florida. If your practice touches real estate in any way, please check us out. SWFL ARECs members meet as a group roughly each quarter. The next meeting is planned for Feb. 27 from 5:30-7 pm. Representatives from the Royal Palm Coast Realtor Association — including 2018 President Donna Guido, Chief Operating Officer Karen Swanbeck, and Director of Public Policy Chris Lopez — will present to the group. Call SWFL ARECs President Joseph M. Madden at 239-332-2100 or email jmadden@myfloridaattorney.com to learn more about the meeting. Members also have access to resources and tools you can use in your day-to-day practice, as well as educational publications and a steady stream of industry news and updates. The Board of Directors for the Southwest Florida Real Estate Council consists of President Madden of the Madden Law Firm, LLC; President-Elect Sean M. Ellis of Roetzel & Andress, LPA; Treasurer Michael P. Lehnert of Henderson, Franklin, Starnes & Holt, P.A.; Edward Canterbury of Henderson, Franklin, Starnes & Holt, P.A.; Roger Miller III of the Farr Law Firm; and Charles B. Capps of the Pavese Law Firm. For more information about membership, please reach out to any of these folks, or visit http://flarecs.com/local-recs/southwest-florida. ⚖

Sean Ellis, Roetzel & Andress partner, focuses his practice on condominium and community association law, assisting both residential and commercial associations in all aspects of the operations, including collections, interpretation of governing documents and drafting amendments to documents, covenant enforcement, and compliance with Florida statutes and regulations.

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February 2018 | RES GESTAE

YLD spotlight BY JOEL HYATT, ESQ.

2018 Florida Bar Young Lawyers Division Affiliate Outreach Conference

wo local representatives garnered a wealth of great resources and ideas for the Lee County Bar Association’s young lawyers from the 2018 Florida Bar Young Lawyers Division Affiliate Outreach Conference. The conference, which took place January 12 and 13 in St. Petersburg, was attended by representatives from young lawyers affiliates from across the state of Florida, including LCBA YLD President Joel Hyatt and Treasurer Shirlarian Williams. Hyatt and Williams presented a grant application during the conference for the YLD’s Literacy Initiative, a year-long project focused on inspiring disadvantaged area children to enhance their reading, writing, and communication skills. Each year, the Florida Bar Young Lawyers Division awards more than $40,000 to fund affiliate projects across the state. Grants were to be awarded on or before January 31. Hyatt and Williams left the conference feeling confident about the LCBA’s chances. The importance of community involvement was an emphasis in the keynote address from Tampa Bay Rays General Counsel John Higgins, who also detailed his career path as he spoke to the general assembly.

questions they do not feel comfortable asking other practitioners. Legal Accelerator can be found at https:// www.legalaccelerator.org.

Following the keynote address, 2018 Florida Bar Young Lawyers Division President Zack Zuroweste highlighted mentoring services such as Lawyers Advising Lawyers and the newly launched Legal Accelerator as he presented a multitude of services available to young lawyers across the state.

Another highlight of the conference was the “Leadership Roundtable,” where leaders from young lawyers affiliates across the state participated in small-group roundtable discussions. The discussions focused on exchanging ideas that could benefit local young lawyers divisions and local bar associations.

Lawyers Advising Lawyers is a service where a lawyer identifies a legal issue on which he or she needs advice. The inquiring lawyer is paired with an attorney adviser who provides assistance. Each adviser is required to have at least five years of experience in their respective field. The program consists of more than 300 volunteer attorney advisers in over 50 areas of law. Lawyers Advising Lawyers can be found at http://lawyersadvisinglawyers.com.

The LCBA YLD hopes to see you at our next general membership meeting, where these resources and ideas will be discussed in greater detail. Additional information is available on the LCBA YLD’s Facebook page, which can be found at https://www.facebook.com/LeeBarYLD. ⚖

Legal Accelerator seeks to provide virtual mentoring to Florida’s young lawyers. Legal Acceleator is advertised as a “one-stop hub for the most common questions affecting lawyers today, in an easily searchable database of videos, articles and blog posts.” The site seeks to assist young lawyers who struggle to find a mentor or have tough

RES GESTAE | February 2018

Joel W. Hyatt is an associate in Hahn Loeser & Parks LLP’s Fort Myers office. Joel concentrates his practice in the areas of commercial, construction, real estate, and community association litigation. Prior to practicing law, Joel taught English at Immokalee High School. In addition to serving as President of the LCBA YLD, Joel serves on the Twentieth Judicial Circuit Pro Bono Committee.

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February 2018 | RES GESTAE

Guest column BY DAVID SEITZ

Attorneys must defend civil rights for all

ou missed out on a powerful series of speakers if you weren’t at the 2017 Professionalism Summit at the Crowne Plaza on Dec. 15. Civil Rights and Civil Liberties was the focus of the event, and Frank Abernathy, the nephew of Ralph Abernathy, a close confidant of Martin Luther King Jr., delivered the keynote address. Ralph Abernathy was also a preacher whose church served as the first gathering place of the Montgomery Bus Boycott after Rosa Parks famously took her seat. His nephew presented a driving narrative, characterizing attorneys as the front line of defending the civil rights of all Americans (and in fact all people). He drew attention that the path is as important as the destination, and our democracy today is where it is because of the 240 years of blood, sweat, and tears that have gone into it. The problems faced by our society will always be nuanced and complex, and may only get more so. Mr. Abernathy only reiterated that as attorneys, the most important goal is to help society navigate these problems. Fort Myers Mayor Randy Henderson shared some stories from when the Occupy movement took up residence in Centennial Park downtown. He had constituents calling for him to have the protestors removed, but as a personal policy he was not going to use force against someone exercising their civil liberty to protest. He met one-onone with a number of folks during the protest, and those meetings were great examples of how a civil movement brings people together who otherwise would not know each other. The mayor also spoke about the response in the wake of Irma, and he told of how he would be leaving that night to bring a key to the City of Fort Myers to his hometown in North Carolina in gratitude for the tractortrailer full of supplies that they sent down to us. Congressman Francis Rooney told us how the freshmen legislators got together and formed the first ever “Civility Caucus” in the U.S. House to try and bring down the level of vitriol that has plagued Washington. The caucus now boasts over 240 members subscribed. The congressman echoed his concerns on the deficit going forward, and he discussed some tactical opinions in a question-and-answer format. In response to a question about Lake Okeechobee, he reiterated that the cornerstone of his platform was to

RES GESTAE | February 2018

help find the resources to support the Everglades Restoration Project. He mentioned a few pieces of construction that are in progress, and he discussed the need to extend the moratorium on oil drilling off the Gulf Coast. Regional Counsel Ita Neymotin took us back to her roots as she described her family’s hardships and eventual migration to America from the USSR. She used her history to illustrate how the principles of professionalism are essential to a free and civil society. She would later return to the Ukraine to help establish professionalism guidelines for their judicial system. Since becoming the youngest and first female Regional Counsel, she has been able to make great strides in advancing professionalism here in Southwest Florida as well. Our own LCBA President Kelly L. Fayer, Esq. gave a presentation highlighting this year’s accomplishments and the role the LCBA plays in promoting civility and professionalism here in Lee County. The Bench Bar Exchange initiative we started back in January of 2017 was one focal point, and by providing an avenue for two-way feedback and communication between the Judiciary and the bar, we have been able to incrementally improve how our courthouse and our citizens pursue justice. This year we laid the foundation for a Guardian Ad Litem program for the Family Courts, and we introduced some new FAQ type literature for the DV courts. Kelly might have mentioned the #KindLee program once or twice too. Other speakers included Allan Abramowitz, Executive Director of the Statewide Guardian Ad Litem program; Rip Colvin, executive director of the Justice Administrative Commission; Special Counsel of the Labor and Employment Section of the Office of the Attorney General Glen A. Bassett; Dean Tawia Ansah from FIU’s College of Law in Miami; Dean J. Preston Jones from Nova Southeastern University; Chardean Hill, Bar Counsel for Lawyer Regulation out of the Florida Bar’s Tampa office; and Henry Lee Paul, Res Gestae columnist and ex-officio member of the Supreme Court Commission on Professionalism. Over lunch, we were entertained by representatives from the Gulf Coast Symphony. Special thanks to Ms. Neymotin and Mr. Paul for partnering with us for this powerful CLE. ⚖

Legal Lens

LCBA Luncheon Swearing In Ceremony LCBA leadership officially changed hands Jan. 12 at the annual swearing-in luncheon, where new president Dan Endrizal presented outgoing president Kelly Fayer with a beautiful wall-hanging to commemorate her spearheading of the #KindLee project.

4 1. 2. 3. 4. 5.

Kelly Fayer David Seitz John Webb, Hon. Josephine Gagliardi Magistrate Carolyn Swift, Hon. Mary Evans Kelly Fayer, Dan Endrizal

5 Photo credit: Jim Jett Photography

February 2018 | RES GESTAE

Lee County Tax Collector Larry Hart and General Counsel Noelle Branning

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NOT SO TAXING: Lee County Tax Collector strives to create convenience

Change is hard.

Anyone who’s had to try to figure out this year’s federal tax changes understands that all too well. But in Lee County, the only changes for 2018 aren’t in the tax code ‒ they’re in the ways taxes are becoming easier to pay. Lee County Tax Collector Larry Hart is expressing a commitment to upgrading service to county residents – or as Hart calls them, his customers.

“We want to be able to provide the best public service that we possibly can because we have a responsibility to them,” Hart said. “We are the only place they can go. So, if we don’t take our customers seriously, then they’re going to be frustrated with us. We need to be able to provide it quickly.”

Hart is implementing new technology to streamline processes and partnering with companies and other agencies to save time and money. Case in point is Hart’s plan to put LCTC staff in the Fort Myers AAA office on 2516 Colonial Blvd. starting in March, a move that will essentially make it the seventh LCTC branch location. “The facility already exists. We’re not asking taxpayers to build a new facility,” Hart said. “We’re taking advantage of an existing opportunity.” LCTC General Counsel Noelle Branning is working to see that Hart’s vision of responsiveness serves local attorneys as well. She heads up a six-person February 2018 | RES GESTAE

Organizational Compliance team that Hart sees as critical to the operation he runs more like a business than an arm of the government. “I don’t know how you would function without it,” Hart said. “We are a major corporation. We make major decisions each and every day. We want to make sure that those decisions are in the best interests of the taxpayers of Lee County. “We can’t afford to have mistakes made when we’re dealing with bankruptcy, when we may take a loss on something. This is taxpayer money. So in order to safeguard that, you need a good legal team in place to make sure we’re doing the right thing.” The members of that team, including paralegal Cathy Silverthorn, have specific areas of expertise, from tangible property, to bankruptcy, to contracts and renewals. And the LCTC call center, which handles thousands of calls a day, is staffed with operators trained to put attorneys in touch with the right team member, Hart said. Many in the legal profession aren’t aware of exactly what the LCTC does, Branning said. “If they could familiarize themselves with what we provide, that might be the best resource for their clients who may either be new to the area or are in need of some of the documents that our office can actually provide them,” she said. The services are detailed on www.leetc.com. Hart is proud of the website, and his office has worked to make it mobile-friendly and introduce new features like TagsToday, which injects convenience into the annual hassle of renewing vehicle registration. Residents can use the website to renew and, rather than waiting for the renewal sticker to be mailed, pick it up at the nearest LCTC location — without waiting in line. “They can walk in, they can pick it up and they can walk out the door,” Hart said. It’s a perk afforded only to Lee County residents, but Hart expressed interest in expanding it so Collier County residents who commute to Lee for work could also take advantage. Attorneys should also know the rules on tangible personal property taxes, Branning said. That’s an especially pressing issue right now, since the window to file tangible personal property tax returns with the property appraiser’s office is Jan. 1 to April 1 each year. Significant tangible personal property tax exemptions are available. Years ago, the exemptions rolled over each year, regardless of whether a filing was made. Now you have to file every year, Branning said. Failing to file is like issuing a blank check to the

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property appraiser, according to Hart. “They have no choice but to give you an assessment of what they believe it’s worth,” he said. “So, you can save a lot of money just by filing that tangible return.” The LCTC recently launched a campaign designed to get the word out, putting together a brochure to serve as a business owner’s guide to tangible taxes. That brochure is available on www.leetc.com, with along with a link to a downloadable tangible personal property tax return form. Hart sees the information as especially helpful to any attorney setting up a new practice or firm. Everything in that law office — from the conference table to the computers —is fair game for the property appraiser. “Even if you brought those assets from home, or you previously owned them, they still can be taxed,” Branning said. And it’s crucial for any firm that goes out of business to file the appropriate paperwork with the property appraiser so they don’t keep appearing on the tax roll, she said. Another push for the LCTC is concealed weapon licenses, which tax collector’s offices across the state issue and renew through a partnership with the Florida Department of Agriculture. The LCTC offers convenience — it’s the only place in the county people can go to apply for a permit in-person. Still, attorneys have an obligation to be sure clients interested in getting a concealed weapon license understand that Florida is not an open-carry state, Hart said. “When you use the word concealed, it means concealed,” he said. “That’s what they need to let people know. It is a concealed weapons license, not an exposed weapons license. No one should know that you have a firearm on your body.” Following the rules is important to Hart, an FBI National Academy graduate who spent 22 years in law enforcement, including a six-year run as the first AfricanAmerican chief of the Fort Myers Police Department. Branning has experience working in criminal law. The No. 1 rule for both of them now is to make the LCTC as much of a resource to the citizens of Lee County as it can be. “I’ve been totally blessed to have this opportunity to be voted in by the citizens. It’s just a wonderful opportunity,” Hart said. “And to be able to try to change things for better customer service to ensure that we are working hard to make sure our citizens that are utilizing our services, we do our very best to get them in and out, and provide that technology so they can do a lot of this stuff from home.” ⚖

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LCBA Luncheon Swearing In Ceremony 1. Dan Endrizal with his parents 2. Hon. John Carlin, Hon. Lee Schreiber 3. Leilani Martinez, Tiffany Pereira, Nicole Brunswick 4. Kelly Fayer with her mother 5. Alex Harne, Denise Wright 6. Lisa Poulin 7. Swearing in of 2018 LCBA Executive Council

7 24

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Photo credit: Jim Jett Photography

special Feature BY CHUCK MYRON

EYES ON THE FUTURE:

LCBA leaders aim high Photo credit: Jim Jett Photography

February 2018 | RES GESTAE

We asked each member of the 2018 Lee County Bar Association Executive Committee one question: “What is your goal for the LCBA in 2018?” Their responses are below:

Dan Endrizal, President

Matthew Roepstorff, Treasurer

"Law enforcement, first responders and military — that’s going to be my concentration. I’m trying to support those members of our community and do pro-bono work through the veterans organizations, and also the law enforcement and first responder organizations. They don’t get paid a lot of money to be first responders, law enforcement and military. If we can provide some legal help to them, and some pro-bono work, I’m all for that."

"My goal has remained consistent since accepting a position as Director and Treasurer of the LCBA. We should always place our focus on delivering the greatest resources and opportunities that empower our Members to enhance their practice and provide the best legal representation for Lee County communities and Southwest Florida."

John Webb, Vice President "To garner greater member participation in the Lee County Bar Association, its committees and practice sections, and to build upon the events and resources the Bar Association provides to the members and the community. Through these measures, it is my goal to enhance the membership’s experience with the Lee County Bar Association, while also providing opportunities for our members to provide a proactive voice in serving the legal community and the public."

Blake Hampton, Secretary "In 2018 I would like to help Dan and the Bar have a fantastic year. More specifically, I aim to have quarterly Veterans Clinics with the Pro Bono Committee, launch the new Elder Law Section, establish a committee to revise the LCBA bylaws consisting of member attorneys, Judges and past presidents and help #KindLee continue to thrive in our community." 2018 Executive Council

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Tiffany Pereira, Board Member "In its simplest form, my goal for LCBA in 2018 is to come up with new and innovative ways to give back to our members and the community. I hope to see increased participation in all LCBA events and a renewed excitement about everything the organization has to offer. During my first year, I would really like to get a feel for what the members want and need, both personally and within their practice, so we can direct the organization to better serve them."

Kathy Smith, Board Member "My goal for the LCBA in 2018 is to increase member participation in the various events sponsored by the bar association. With such an array of activities to choose from and a membership with such varied interests and talents, there is literally something for everyone. Together, our members can help build a stronger, more unified community."

2018 YLD Officers

Alina Gonzalez-Dockery, Board Member "My goal is to promote the Bar within the community, to promote equal access to justice, and to promote us as a community leader, because I truly believe that all change throughout history has been because of the law."

Kelly Fayer, President Emeritus "It was a great honor to serve as LCBA President in 2017, but my work is not yet done. This year, I will remain on the Executive Council as President Emeritus. It will be my goal to improve upon the programming in 2017 to facilitate long term planning for the LCBA. Also, I am looking forward to serving as Co-Chair of #KindLee with Amanda Bartley and watching what our committee can accomplish together."

Joel Hyatt, YLD President "My goal for the LCBA in 2018 is to continue the Young Lawyers Division’s tradition of community service benefitting area children. Through the YLD’s Childhood Literacy Initiative, we hope to inspire children to enhance their reading, writing, and communication skills, and to spark an early interest in the legal profession."

Leilani Martinez, YLD President-Elect "I aim to support YLD President Joel Hyatt to ensure that 2018 is a successful year for both our organization and its members. This includes promoting the Lee County YLD Literacy Initiative, actively working to recruit young lawyers, and providing our current members with any support they may need to continue making strides in their legal careers. I believe that together, our executive board will keep on climbing and conquer the goals we have set for ourselves and our community. Cheers to a successful 2018 for our outstanding Lee County YLD!"

Nicole Brunswick, YLD Secretary "As the incoming Secretary for the Lee YLD, my goal is to encourage local young lawyers to participate and become more involved in the Lee YLD, which not only brings lawyers together but also focuses on the objective of giving back to the community. I am excited to assist Lee YLD President, Joel Hyatt, and the rest of the Lee YLD in implementing this year’s child literacy initiative."

Shirlarian Williams, YLD Treasurer "My goal for the LCBA’s YLD this year is to secure enough funds to support the many programs and activities that we have planned throughout the year." ⚖

February 2018 | RES GESTAE

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the dish BY CHELLE KOSTER WALTON

Flash back to the Old West without all that lawlessness at The Saloon -

The new Saloon Wood Fired Grill at Coconut Point is all about comfort. It starts with the setting. From the moment I walked in the door, warmth embraced me. It’s hard to imagine that sleek and open Blue Water Bistro once inhabited this space. Now it feels cozy and a teensy bit racy. “It’s like a man cave,” said Skip Quillen, owner of Saloon, the late Blue Water Bistro, and four other Southwest Florida restaurants under the Culinary Concepts umbrella. “That’s kind of what I was going for.” Sure, if your idea of a man cave includes fine, framed Western art and a library motif. The red velvet booths, fragrant wood, and female bartenders in Old West bustiers fit the fantasy. The art and antique bar further the wild west illusion (cue Matt Dillon and Miss Kitty), as does barbecue’s dominance on the menu. That’s how pulled pork comes to be a topping for a classic Italian dish. For the ultimate

RES GESTAE | February 2018

barbecue experience, order The Combo: beef brisket, pulled pork, a smoked chicken quarter, and a quarterrack of St. Louis ribs with sides, all for $24.50. There ought to be a law against that one. Four flavors of house-bottled sauces populate a condiment compartment at each worn-wood table.

Barbecue is big at The Saloon, but it’s only a fraction of what the dinner menu covers. From its wood-fired grill, wonderful steaks and seafood come out at prices that please as much as the flavors. Go ahead, add a quarter rack of ribs to that steak. Or opt for the Lonesome Cowboy – a grilled 6-ounce sirloin topped with brisket and pulled pork. Or defect entirely from the barbecue lure. Settle in with the Cocktail Book, a bit of heavy reading on the art of craft libations. Take the Gone Girl, a signature craft cocktail, for instance: Served in a retrostemmed coupe glass rimmed in pearl essence, it takes cosmos to a new level with Fonseco port. The description of Curse of the Leprechaun had me at roasted jalapeño syrup. I like some spice in my cocktail, especially where tequila is involved. Fresh homemade strawberry shrub, hellfire bitters, and muddled mint

Gone Girl, Signature Craft Cocktail

Photo credit: Michael Owen Photography

nvision the perfect storm of comfort foods. Would it look something like this: a sweetly sauced mound of pulled pork atop velvety fettucine Alfredo? And if that doesn’t give you comfort, look at the price: only $16.90.

the dish

added dimension, poured from a cut glass pitcher. So much elegance, and for the craft cocktails you do pay in the double-digit range. On the other hand, you can take advantage of a well pour cocktail during all-evening happy hour for only $3.95.

End of the Rainbow

But, back to the food. You’ve still got some studying to do. “Something for everyone” doesn’t begin to describe it, so you’ll know it’s perfect for dinners that mean business and pleasing clients.

Wood-grilled grapes garnish this craft cocktail

We started with a snack of deviled eggs, three for $4.50. They were pretty much textbook but for the pop of flavor from a shard of pecan bacon. Also for starters, upon the recommendation of our ever-so-helpful server, we tried the Swimps — highly original, chilled gulf shrimp cuddled atop a bed of avocado and mango in Faygo orange and tomato jus. Our three wood-grilled oysters arrived on a mound of salt, topped with white wine, bacon, guajillo chile and cheese for an appetite-whetter as tasty as it sounds. I grudgingly skipped over the taco selection, many of which star barbecued meats in one form or another. Next time! The salads intrigued, and we were able to incorporate a couple of them into our entrees, as I’ll explain. Just note that staff is extremely complicit in customizing to your whims. When I’m in a “lite” mood, I will definitely order the Avocado Smash sandwich with citrus hummus and kale from the Handhelds section. And, of course, there are barbecue sandwiches. Burgers apply the same craft standards as the cocktail menu to the old beef patty. Sriracha along with Kimchi and Korean pulled beef with jalapeño-infused pineapple top the Lil Kim burger, for instance. The only resemblance to Blue Water Bistro appears when the kitchen prepares a menu of fish you don’t often find in these parts — clear springs trout and haddock, for two — over a hickory and applewood The Everything Burger fire.

We went for that crazy BBQ Alfredo — crazy wonderful — with an organic kale Caesar salad perfectly dressed. And, as a barometer of kitchen know-how, my 6-ounce filet was done perfectly to the degree of rare-medium rare I requested. It hardly required chewing. Its Berries + Blue side dish paired a medley of fresh fruit with greens and blue cheese.

Wood-Grilled Oysters

Start the meal with cheesy, bacon flavors

Bacon Deviled Eggs with Pecan one of the "snacks" offerings

Pot roast, ramen, shrimp scampi, bone-in strip steak, and, for dessert, an unforgettable warm pecan BBQ Alfredo A Saloon signature dish tops an Italian sweet potato pie: class with sweet and saucy pulled pork ic Saloon slings comfort on so many levels, you’re sure to impress any clients or other guests you invite along. ⚖

Coconut Point Mall, Estero 239-949-2583 • www.thesaloon.net Hours: Monday - Saturday 4-9:30 p.m. Sunday 4-8 p.m.

Chelle Koster Walton has been dining her way around Southwest Florida for more than 30 years. She writes about food for USA Today 10Best.com and Florida Weekly and was formerly a food editor and restaurant reviewer for Naples Illustrated and Naples News. She lives on Sanibel Island.

February 2018 | RES GESTAE

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Children's Advocacy Center Family Safety Program The Children’s Advocacy Center Family Safety Program assists custodial parents with advocacy and support and ensures non-custodial parents have the opportunity to interact positively with their children. Supervised visits provide an opportunity to engage parents to build and strengthen their relationships with their children. This program identifies the needs of domestic violence victims and their children and provides critical services during a volatile time in their lives. The 20th Judicial Circuit Court gives referrals to the visitation center and has designated The Honorable Elizabeth Krier to serve on the core partnership committee. The goal of the partnership is to provide an interagency, interdisciplinary strategy to intervene on behalf of the victims of domestic violence, child abuse, sexual assault and stalking crises while holding batterers accountable. Another goal is to further a coordinated approach to allow all disciplines to share their expertise and create a culturally appropriate response to domestic violence, specifically involving families with children. With grant funding, Judge Krier will participate in technical assistance training to design a more trauma-informed court and provide information on evidencebased innovations for families using the court services. Most of the families involved in this project have experienced chronic and severe family violence, leading to poor attachments and relationships. It is imperative that the consequences of domestic violence and abuse are addressed to end the cycle of multigenerational abuse. ⚖

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When Relay For Life began, it was a 24-hour event to raise money for the American Cancer Society. Relay For Life is now the most successful fundraiser and signature event for the organization. There are more than 5,000 Relay For Life events around the world and I am proud to be the event co-lead for the City of Palms Relay For Life in downtown Fort Myers. I have been involved with the Downtown Relay for several years and was very excited when Relay moved to the heart of downtown onto First Street last year. We raised more than $40,000 to fight cancer. I am pleased to announce that Relay For Life will again be held on First Street, this year from 4-10 p.m. on April 7. There are several ways you can become involved with this great cause: •

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Special Equestrians, Inc., volunteer Erin Houck-Toll knows firsthand the kind of bond you can build with a horse. The dual Florida Bar Board-certified health and tax attorney with Henderson, Franklin, Starnes & Holt, P.A. grew up around horses and now has three horses of her own. Her love of those majestic animals led her to join Special Equestrians Inc., a nonprofit United Way Partner Agency offering therapeutic horseback riding classes and equine-assisted activities to children and adults with disabilities. The same bond that Houck-Toll has built with horses helps many Special Equestrians clients. The first word one of them said was his horse’s name. Special Equestrians offers riding and carriage driving programs and is developing occupational therapy services with a licensed OT. The organization is also tailoring a program to veterans. Two major fundraisers are on the horizon: The 27th annual Ride-A-Thon is scheduled for Feb. 10 at Babcock Ranch and the Taste of Love at The Ranch will happen March 11 at The Ranch Concert Hall & Saloon. Visit http://www.specialequestrians.net for more information. Volunteers are always needed. Anyone interested should contact Priscilla Kovalsky at 239-248-4135 or priskovalsky@me.com. ⚖

NAPLES REAL ESTATE LAWYER UNIQUE CAREER OPPORTUNITY Cheffy Passidomo seeks highly qualified real estate transactional and development lawyer. The position requires excellent academic credentials and extensive commercial real estate, loan, condominium, construction, development and leasing experience. Preeminent career opportunity, immediate frontline responsibility, and collegial and supportive work environment. Please reply by email with a confidential cover letter and resume to the Firm’s Chief Operating Officer, Charles E. Mustard at: cemustard@napleslaw.com

RES GESTAE | February 2018

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In The news

Florida Power and Light was ordered to pay $23.75 million to the mother of a San Carlos Park teenager electrocuted in December 2011. Aloia, Roland, Lubell & Morgan, PLLC partners Ty Roland and Evan Lubell represented Trisha Dominguez, whose son was killed while climbing a bamboo stalk in a neighbor’s backyard. FPL’s own inspectors said three years prior that the stalk was too close to power lines and should be cut. Christopher L. Pope has been named a partner at Pavese Law Firm. Pope concentrates his practice in the areas of real estate law, condominium and homeowners association law and construction law. Pope obtained his undergraduate degree in Business Administration from Auburn University, where he majored in Management of Information Systems. He earned his Juris Doctor and Diploma in Civil Law from Louisiana State University. Pope holds a Master of Laws in Taxation from the Boston University School of Law. Real estate attorney Sarah E. Spector is the new president of The South Gulf Coast Chapter of Community Associations Institute (CAI). CAI is made up of volunteers who assist and provide community associations, managers, management companies and their affiliates with educational programs, social networking opportunities and a source of information for related community matters. Spector, of the Fort Myers office of Roetzel & Andress, focuses her practice on community association law. She is a graduate of Florida State University and Florida State University College of Law. Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, has been appointed to The Florida Bar’s Strategic Planning Priority Subgroup. The subgroup is responsible for implementation of the 2017-18 Strategic Planning Priority adopted by The Florida Bar that addresses the Constitutional Revision Commission. Lile, whose Laird A. Lile, PLLC firm offers legal counsel on estate- and trust-related matters, was previously appointed by the Florida Supreme Court to its Judicial Management Council and to a third term on the Florida Courts Technology Commission. Attorney Christina (“Christy”) O’Brien has been elected stockholder of the law firm of Henderson, Franklin, Starnes & Holt, P.A. A member of the firm since 2013, she concentrates her practice solely in the family law arena, handling matters of divorce and dissolution of marriage, custody, paternity, child support, domestic violence injunctions, post-judgment modifications and dependency issues. O'Brien received her law degree from Florida State University in 2000 and serves on the board of directors for the Coalition for a Drug-Free Southwest Florida and for the Fort Myers American Little League. G. Donald Thomson has been named chairman of the Bonita Springs Estero Economic Development Council. The BSEEDC’s mission is to be the local area’s economic development resource partner for promoting business and workforce retention, development and growth. Thomson is the managing attorney of the Henderson, Franklin, Starnes & Holt, P.A. office in Bonita Springs. He concentrates his practice in the areas of residential and commercial real estate and is a Certified Circuit Civil Mediator by the Florida Supreme Court. He received his undergraduate degree from St. Leo College and his law degree from Stetson University.

RES GESTAE | February 2018

In The news

SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

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