THE POWER OF HEMP
Its impact on Florida and the legal community
Is your website accessible?
How to avoid a lawsuit
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • FEBRUARY 2020
contents xx on the cover
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ad directory
The power of hemp and what it will mean for Florida
Boy, Agnew, Potanovic
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Business Observer
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Calvo & Calvo Attorneys at Law
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by Tom Hayden
CONRIC PR & Marketing
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Accessible website important for avoiding lawsuits
DeMine Immigration Law Firm
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20 Cover photo credit: Matthew Brodeur
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special feature
Hurtado Immigration Law Firm
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Law Firm of Scott T. Moorey
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Law Offices of Dennis L. Webb
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Markham Norton Mosteller Wright & Company PA
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McHale, P.A.
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Men's Rights Law Firm
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Merit Court Reporting, Inc.
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Mock trial competition puts Lee County kids in the courtroom by Tom Hayden
16 departments 6
Letter from the President
Matt Roepstorff, Esq.
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Letter from the Executive Director
Lauren Baugh
10 Calendar of Events 12 Ethically Speaking
Henry Lee Paul, Esq.
14 Practice Section
32 5 Things You Don't Know
About Me
Honorable Zachary Gill
34 5 Things You Don't Know
About Me
Eric Feichthaler
36 100 Club 38 In The News
Health and Wellness
16 YLD Spotlight
Tiffany Pereira, Esq.
26 Guest Attorney
A veteran's success story
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First Watch
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Steve Niehaus, Edison Business Advisors
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The North Law Firm, P.A.
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Wright Mediation
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xx president's letter It was a thrill and a pleasure to see so many friends, returning Bar members, and more than a few new faces at our January swearing-in luncheon. Your attendance reemphasizes the enthusiasm and commitment to the Bar, its mission and ideals. I hope everyone was able to gather a strong perspective and excitement for our 2020 calendar and events. February is our first opportunity to present a comprehensive review and discussion from our 2020 list of topics, starting with the hemp industry. Since Florida’s early history, agriculture has been a staple of our state’s economy. In particular, citrus has been the dominant crop in our agricultural landscape. However, with the passage of the Agricultural Improvement Act of 2018 - or the “2018 Farm Bill" - hemp has moved into position to overtake dwindling citrus production.
LEE COUNTY BAR ASSOCIATION administration Executive Director - Lauren Baugh
executive council
We’re also proud to feature local panelists such as Cole Peacock, who was appointed to the inaugural statewide Florida Hemp Advisory Committee by Florida Commissioner of Agriculture and Consumer Services Nikki Fried. He was also named vice chair by the committee. Cole is also a local business owner of the Seed & Bean Market in downtown Fort Myers, which retails CBD products. For those among us representing farmers, manufacturers, retailers and regulatory agencies, this is a luncheon you won’t want to miss. This luncheon is free to LCBA members and will also be open to non-members for a $25 fee.
SECRETARY
Kathy Smith, Esq.
VICE PRESIDENT
TREASURER
Blake Hampton, Esq.
Tiffany Pereira, Esq.
YLD President - Tiffany Pereira, Esq. President Emeritus - John Webb, Esq. BOARD MEMBERS
Spencer Cordell, Esq. Peter Knize, Esq.
Michael-Anthony Pica, Esq. John Miller, Esq.
committee chairs
practice section chairs
BENCH-BAR GALA
Danielle Butler, Esq.
ALTERNATIVE DISPUTE RESOLUTION
DIVERSITY AND INCLUSION
Anne Dalton, Esq. and Bill Merchant, Esq.
Ita Neymotin, Esq. and Kelly L. Fayer, Esq. HEALTH AND WELLNESS
The federal Farm Bill legalized the industrial use of hemp and removed it from the U.S. Drug Enforcement Agency’s list of controlled substances. Coupled with Florida’s 2019 Hemp Program (SB 1020), Florida is now ready to industrialize and commercialize hemp cultivation, manufacturing and sale as a major economic driver. Our February luncheon will introduce state and local experts who will walk us through the myriad of new regulatory and legal impacts of the hemp industry. For example: what are the differences between hemp, marijuana and CBD? Do hemp and CBD sales require a license? Can hemp and CBD retailers deposit funds in state or federally-chartered banks? Who are the regulatory bodies for hemp and CBD in Florida?
PRESIDENT
Matt Roepstorff, Esq.
John Miller, Esq. and Joel Hyatt, Esq. HISTORY
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. #KINDLEE
Amanda Bartley, Esq. and Kelly L. Fayer, Esq. LAW RELATED EDUCATION
T. Rankin Terry, Esq. LAW WEEK
Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT
Shannon Puopolo, Esq. and Kenneth A. Jones, Esq. MOCK TRIAL
Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO
Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.
APPELLATE LAW
Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW
Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq. ELDER LAW
Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW
Christina Holly, Esq. and Malany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION
George Knott, Esq. and Carlos Kelly, Esq. LAND USE AND GOVERNMENTAL LAW
Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW
Kenneth Kemp, Esq., Jennifer Hammond, Esq. and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM
Conor Foley, Esq. TORT LITIGATION
Dawn Maselli, Esq.
Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936
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xx executive director's letter As we move into what promises to be an exciting and busy 2020, I see my role as trying to get deeper into the community. I want to draw in people who may not normally be involved, especially for our very informative luncheons as well as other events.
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
239.334.0047 resgestae@leebar.org
staff PUBLISHER
Connie Ramos-Williams | 239.690.9840
I want people to know what the Lee County Bar Association does and that we are trying to build relationships with other professions in our community. We want to get the community involved, as well as educating people as to what our attorneys do in town, not just from a philanthropic standpoint but also professionally. I also believe I have the responsibility of being that liaison between the Florida Bar, our executive council and our members.
EDITOR-IN-LAW
Tiffany Pereira, Esq.
MANAGING EDITOR Tom Hayden
CREATIVE DIRECTOR April Bordeaux
ADVERTISING DIRECTOR Linda Fiore | 239.690.9840
FEATURE WRITER Tom Hayden
This has been an interesting educational ride for me as well. When I first came on board last year, it was all about getting things moving forward. Now that I know more about how attorneys work and how the association works, I can roll with it and go out in the community and help people understand what we do and why we do it. Also, I want to inform people as to why it is important to have an attorney and their resources, especially when it comes to starting a business, how to run a business, how to keep employees happy and making sure you have guidelines in place. We truly want to educate the community on a variety of issues new president Matt Roepstorff will be addressing through our series of LCBA lunches this year. They are important, hard-hitting issues, like the emerging industry of hemp and its legal ramifications. We will discuss smoking and vaping issues, felon voting rights and many other important topics. Some lunches will be free for our members and they also will be open to the public for a small cost. We want our attorneys and the public to know how all these key issues impact the legal community and eliminate any confusion that may exist, especially in a crucial election year. It is up to us, and myself, to educate our Bar and the community, and that will be a big part of what I do, through our lunches, other events and the many networking opportunities that are ahead. I hope you will join us on this exciting journey.
CONTRIBUTING WRITERS Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Tiffany Pereira, Esq. Christina Harris Schwinn Shanthy Balachanthiran Hon. Zachary Gill Eric Feichthaler
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
BILLING INQUIRIES 239.334.0047
Res Gestae is an award-winning magazine published monthly by CONRIC PR & Marketing 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 PR & Marketing. CopyrightŠ2020 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 the Lee County Bar Association at info@LeeBar.org.
Lauren Baugh, Executive Director lbaugh@LeeBar.org | 239.334.0047 Ext. 102
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6216 Whiskey Creek Drive, Suite B | Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com Leebar.org
xx calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!
FEBRUARY
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New Year, New You: Cooking with Carey! 5:30 to 8 p.m. Hope Clubhouse, 3602 Broadway, Fort Myers. Healthy Cooking with Carey Ralston of Hope Clubhouse. $40 includes meal, beer, wine and networking, please register at leebar.org.
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LCBA Mock Trial Competition Volunteers Needed. Event location: Lee County Justice Center, 1700 Monroe St., various courtrooms, Fort Myers. LCBA RPPTL Lunch Meeting Noon to 1 p.m. Lee County Justice Center, Courtroom 5G, 1700 Monroe St., Fort Myers. Speaker: Michael Sneeringer. Topic: Heckerling update.
LCBA Hemp Panel Luncheon Noon to 1 p.m. Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Free to members, $25 for non-members. Please register at leebar.org LCBA Circuit Mock Trial Competition Volunteers Needed. Event location: Lee County Justice Center, 1700 Monroe St., various courtrooms, Fort Myers
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LCBA Land Use Section Lunch
Meeting Noon to 1 p.m. Lee County Public Works, 1500 Monroe St., Fort Myers
Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events. Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.
Thank You to Our 2020 Annual Sponsors
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ethically speaking
THE FLORIDA BAR PROPOSES RULE TO REGISTER NONLAWYER ONLINE SERVICE PROVIDERS by henry lee paul, esq.
The Florida Bar has endorsed a growing nationwide trend in support of greater non-lawyer involvement in the provision of legal services. On Dec. 12, The Florida Bar filed a proposed amendment to The Rules Regulating The Florida Bar (SC19-2077). The petition requests the Supreme Court to adopt a new Chapter 23. The proposed chapter is identified as the Registered Online Service Provider Program. The program seeks to authorize individuals or companies that provide legal forms and related services to the public, provided they comply with the requirements of proposed Chapter 23. Many of the individuals or companies are non-lawyers. The stated purpose of the proposed program “is to allow the voluntary registration of online service providers to provide greater access to legal services and the legal system and greater protection of the public.” The new chapter would allow a “registered online service provider to advertise, charge, and collect fees as provided elsewhere in this rule and is not required to file advertisements with The Florida Bar for review.” It is proposed that a registered provider may advertise that they are “Registered With The Florida Bar.” The proposed chapter addresses the possibility a registered provider
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may also be a lawyer referral service sanctioned by Rule 4-7.22 (Lawyer Referral Services). In such a case, the provider must comply with the more stringent requirements of Rule 4-7.22. The proposal expands the ability of a non-lawyer to provide Supreme Court approved legal forms. It would allow a non-lawyer to market “a form consistent with current Florida Law that has been reviewed and approved by a member of The Florida Bar eligible to practice law in Florida.” The provisions allowing nonlawyers to advertise, without further regulation, that they provide legal services and in certain circumstances to collect fees on behalf of a lawyer, are certain to be controversial. Comment has already been provided to the Supreme Court objecting to the advertising provision. The provision allowing the collection of fees to be paid to non-lawyers appears to be a significant change in policy by The Florida Bar, which has generally been aggressive in enforcing the prohibition against the division of fees with a non-lawyer. Such policy was articulated in the bar’s Petition Against the Unlicensed Practice of Law against TIKD and its founder Christopher Riley in SC18149. I discussed important issues in the TIKD case involving the regulation of the Unlicensed Practice of Law Leebar.org
in my November 2019 article. Oral argument in the TIKD case is now scheduled for March 4. The Florida Bar has been subject to much criticism for resisting the nationwide trend to allow greater participation of non-lawyers in the provision of legal services. It is likely The Florida Bar will also be subject to criticism in relation to the petition. However, The Florida Bar has recognized, as stated in the comment to Rule 4-6.1 (Pro Bono Public Service), that there are “vast unmet legal needs of the poor in Florida.” This change in policy is based, in part, on the desire to expand legal services available to the poor. The legal profession is in the midst of challenges and change from non-legal service providers. In what appears to be a shift in policy, The Florida Bar is now embracing the future expansion of the provision of legal services by non-lawyers. The Florida Bar has requested oral argument and the Court is receiving comments. It is unknown when the Court will rule on the petition. 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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health and wellness
A SUCCESSFUL 2019 LEADS TO AN EVEN BIGGER
2020
T
he Health & Wellness Committee of the Lee County Bar Association is looking forward to an exciting second year in 2020! Co-Chairs Joel Hyatt and John Miller have some exciting plans to build on the successes of the committee from 2019. One of the first events of 2020 will be a healthy cooking event called “New Year, New You: Cooking with Carey.” At this event, Carey Ralston of Hope Clubhouse will teach attendees how to cook delicious and super healthy options for each meal of the day, including dessert. This event is scheduled for Thursday, February 6 from 5:30 to 8 p.m. at Hope Clubhouse. Tickets are $40 and includes the entire package of meals. Guests will be able to sample the food. Beer and wine will be supplied. Please come join the Health & Wellness Committee and the LCBA at this fantastic event. The committee will also conduct a number of fitness-related events. In 2019, the committee held a free yoga class at Soni Yoga and a free Orange
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Theory Fitness event. Be on the lookout for similar fitness themed health and wellness events in 2020. If you have any suggestions regarding event ideas, contact Joel Hyatt or John Miller. The committee also plans to build on the success of the first annual Downtown Dash. This event was a huge success as 175 people raced/walked through the streets of downtown Fort Myers. The Downtown Dash finished in the middle of music walk with a special live performance by Deb and The Dynamics. The Downtown Dash was a partnership between the LCBA and the River District Alliance. Many thanks to the River District Alliance and to all the sponsors, including Sanibel Captiva Community Bank. The Downtown Dash looks to be even bigger this year and planning is already underway. Health and wellness is not all about physical health and wellness. Mental well-being is equally important. In 2020, the Health & Wellness Committee looks to promote mental health and wellness. The committee plans to invite more great speakers to provide wellness tips to bar association members. The Health & Wellness Committee looks forward to serving its members in 2020 and we hope you’ll join us at all of our events.
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xx spotlight YLD
State conference awards grant for our Pro Bono Challenge by tiffany pereira, esq.
L
ast month, I attended the 2020 Florida Bar Young Lawyers Division Affiliate Outreach Conference in St. Petersburg. At this conference, 38 YLD affiliates from throughout the state presented grant proposals that were astounding. It is amazing to see what other service projects and charities the affiliates are supporting throughout the state. This year over $117,000 was requested with only $40,000 to give out. This breaks down to about $1,050 per affiliate if distributed equally. I am so honored to let you know we received $2,000 to put towards our Pro Bono
Challenge. This is huge. The challenge is this: young versus vintage attorneys. We are challenging you to attend free CLE trainings, learn basic knowledge in a variety of practice areas and volunteer at a variety of pro bono events throughout the year. Essentially all pro bono events hosted by the LCBA Pro Bono Committee, Florida Rural Legal Services, Lee County Legal Aid and more will count towards this challenge, in addition to events put on by the LCBA YLD. Additionally, volunteer hours spent in the LCLA weekly clinic at the self-help desk in the courthouse will count. We will host several “Law in the Mall” type clinics where anyone can come in and receive free legal advice. What’s in it for you? We will be keeping track of
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your hours performed. All you have to do is attend events, sign-in, and let us know you are participating in the challenge. We will formally announce incentives and levels soon, but are looking at prizes such as custom portfolios, beach towels, and more for each level. Email me now to let me know you are participating and I will add you to our participant list and start tracking your hours. With all of these great things planned, we will be seeking sponsors. This is the first year the LCBA YLD will be asking for the help of sustaining sponsors. Please help support our efforts and events in any way you can. We would be delighted to have you or your business support us. The sponsorship levels are: Pro Bono Challenge Swag sponsor Cost: $100. We are challenging all Lee County attorneys to perform pro bono hours through a series of training and events. Your name or logo will go on all 2020 YLD Pro Bono Challenge prizes: beach towels, padfolios, umbrellas, t-shirts, whatever items we purchase to distribute.
sponsor spotlight on our Facebook and Instagram and promote your business or law firm. You will be invited to table at our events and other exclusive opportunities. Event sponsor Cost: Varies. YLD is looking into several options this year including socials, trivia, drag queen bingo, holiday party, etc. We would love to have you. Contact us to discuss your ideas. Holidays in July sponsor Cost: $150. This sponsor helps fund our annual Holidays in July event. During this event, we partner with the Children’s Network of Southwest Florida to provide gifts and a fun day for foster children. We will happily accept donations of gifts as well, with a wishlist being provided closer to the event. Your logo will be placed on the Holidays in July T-shirt and all promotional posts, e-mails, and communications about the event.
Lunch sponsor Cost: $200 or at cost if you purchase and provide the meal. This sponsorship is for one of our free CLE luncheons. You may provide a speaker on a specific topic, speak about your business or services or offer to provide lunch for one of our selected speakers. Annual sponsor Cost: $250. Your name will go on all YLD emails and communications for the next 12 months. We will post a
Contact Tiffany Pereira at tiffany@ thepereiralawfirm.com for more information and proposals. In-kind sponsorships are available as well.
Tiffany L. Pereira is a solo practitioner who concentrates her practice on transactional business and agricultural law. In addition to serving as the YLD President, Tiffany is a member of the LCBA Executive Council and is the statewide representative for the Lee County Association for Women Lawyers.
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xx special feature
MOCK TRIAL COMPETITION PUTS LEE COUNTY STUDENTS IN THE COURTROOM
by tom hayden
L
ee County students will have the opportunity to experience life as prosecutors and defense attorneys during February’s Mock Trial competition. Eight teams from area high schools will compete for the right to advance to the Circuit Competition later in the month and to a state competition. Local attorney Shaina Zuppke is the lead organizer for the event, which will take place Friday, Feb. 7, and Saturday, Feb. 8, at the Lee County Justice Center, 1700 Monroe St. in Fort Myers. The students – some appearing multiple times in this annual competition – will test their skills in a pre-established criminal matter, involving an arson case. The teams will compete against each other over four rounds Feb. 21, with each team member experiencing the roles of a prosecutor and defense attorney twice. The top two scorers – based on scoring from three volunteer judges - from the teams will advance to the final round on Feb. 22. Five courtrooms inside the justice
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center will be used during the twoday competition. The winner advances to the Circuit Competition Feb. 21-22, also at the justice center, against the winning teams from Charlotte and Collier counties. The circuit winner advances to the statewide competition with the possibility of earning a berth in a national competition. Zuppke has been the lead organizer the past two years after working with the students in earlier competitions. “I like giving back to the community and this is a really fun way to give back,” said Zuppke, who graduated from Ave Maria School of Law in 2012, served as an assistant attorney for the Office of Criminal Conflict and Civil Regional Counsel from 2012-2017 and then founded Shaina Zuppke Attorney at Law, LLC. Each of the eight- to 12-member teams receive a set of rules about the competition, facts about the case and list of exhibits – including photos – that can be used in presentations, as Leebar.org
well as list of witnesses and witness affidavits. Each team receives fiveminute opening and five-minute closing statements and both the prosecution and defense teams receive a total of 45 minutes each to call witnesses and conduct cross examinations. There is a two-hour time slot for each case during the two days. At the end of each case, the judges offer feedback to the students on where they can strengthen their respective cases. The judges will not know which school is represented by a certain team. They will only be judging and providing scores based on the merits of what is presented from each of the team members. Zuppke says each competition reveals strong teams from the start, but she likes the teams that make noticeable improvements during each round. “One of the teams I witnessed had a rough start, but by the end of the day they were one of the better teams,” she said. “They didn’t go on, but you could see the confidence was there and they had learned from their
mistakes. That is really the point of the competition.� Assisting Zuppke with event organization is attorney Eunice G. Linot with Lee County Legal Aid. Over 50 volunteers will be used as judges during the competition. Attorneys interested in volunteering can contact Zuppke at shaina@zuppkelawfl.com or Linot at Eunice@Leecountylegalaid. org.
Photo above: 1st place mock trial winners
Photo left: 2019 mock trial participants.
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by tom hayden
Hemp. It’s a misunderstood product that is emerging as a potential financial powerhouse for the agricultural industry. The ramifications within the legal community will also be significant. That’s why new Lee County Bar Association president Matt Roepstorff wants to discuss hemp’s place in Florida and what it will mean for the legal profession. That discussion among experts in the field will take place during the LCBA luncheon on Friday, Feb. 21. “You are going to see a lot of people try to be an early entrant into the market,” Roepstorff said. “You will see a lot of hemp CBD sales at specialty shops, holistic shops, gas stations, general retailers.” How it is grown, how it is sold, how it is regulated and how attorneys, judges and other stakeholders come to grips with it puts hemp in the hot-button category as 2020 rolls into a crucial election year. Hemp could prove to be a valuable crop for Florida farmers, struggling from losses of their citrus crop due to greening and canker and tomato crop losses because of the hot market for the vegetable in Mexico. Hemp provides an
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economic solution that could be worth billions. The plant is known to grow well in the Florida panhandle, but seed testing continues in southwest and south Florida to determine how well it will grow in this region. Hemp has thousands of uses, but the money is in CBD, which stands for Cannabidiol and is a compound extracted from the hemp plant. CBD is known to promote health and is showing up more frequently in a variety of retail stores. The federal farm bill, passed a year ago, provided a regulatory framework for states to follow for the cultivation and selling of hemp. Florida created its list of regulatory policies and they were approved by the federal government. Cole Peacock, a Fort Myers resident, was named to the inaugural Florida Hemp Advisory Committee by Nikki Fried, who is Florida Commissioner of Agriculture and Consumer Services. Peacock and that committee developed the regulatory guidelines that are now being implemented. Only pilot programs at various universities throughout the state are able to grow hemp at this point. The pilot programs will help determine the best seed growing patterns in different regions of Florida. The University of Florida’s Institute of Food and Agricultural Leebar.org
Services has planted over 46 varieties of industrial hemp at four locations throughout the state. Other universities providing testing include Florida State University and Florida A&M University. There is also the possibility Florida Gulf Coast University and Florida Atlantic University may get involved. Testing and regulatory monitoring will be essential as the demand for the product grows. State reports indicate there could be as many as 8,000 applicants for state-approved cultivation permits, with about 3,000 farm operations qualifying. “We haven’t seen this type of excitement in agriculture in decades,” Fried said in an interview. “Hemp is going to be a tremendous marketplace for Florida – $20 billion to $30 billion.” Although growing and selling of hempbased products has the potential to become a lucrative industry for the state, Peacock cautions “this may not be the gold rush people are hoping for, but it could become one of the largest agricultural commodities in the state.” The cautionary forecast is because there are too many unknowns at this point as to who will want to grow the product, what the consumer demand might be and if growing hemp is limited because of Florida’s climate.
Continued on page 22 February 2020
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Continued from page 21 Industrial hemp is a multi-faced product with more than 25,000 uses, experts say, but its medical and therapeutic values are what attract customers. It is often confused with another part of cannabis, which produces the marijuana plant and THC. The plants look almost identical. Although marijuana plants also contain CBD, it is the predominant THC that offers the “high” sensation to users. Peacock is the co-founder of the state’s first cannabis cafe, called the Seed and Bean Market, in downtown Fort Myers. The market sells CBD, which can be infused in food, used as a protein and also as flour for baked goods. The market also sells coffee.
The legal ramifications will impact law firms. “At this point, we are not up to speed and that is not because of a lack of effort. When the rules first came out from the regulatory body on how the hemp program would be implemented and how it was going to take shape created a steep learning curve. I think you are going to see some departments, some firms create practice sections dedicated to hemp, especially on implementing the licensing requirements from small businesses who want to carry it to the large, industrial cultivators and manufacturers who want to deal in large quantities.”
LCBA LUNCHEON
Among hemp’s other uses are in personal care products, for industrial use in making rope, as well as textiles and supplements. In 2017, retail sales of hemp were estimated at $820 million, with 23 percent of those sales in CBD products.
“Hemp: The legal and economic ramifications”
But understanding the guidelines of this emerging industry will be critical, Peacock said. “We have to have a clear understanding of what we can and can’t do with the guidelines set forth by the feds,” he added.
Cost: Event is free to LCBA members, $25 for non-members. Go to leebar.org to register.
THE LEGAL RAMIF ICATIONS It is unclear how the legal community will be fully impacted by this untapped marketplace. There will be education needed for several professions, including law enforcement, on telling the difference between hemp and marijuana during a traffic stop and how people will be tested. Certain medical marijuana is legal in Florida and CBD is no longer a prohibited substance in any state. There is also the matter of accurately testing someone who may be impaired because of the use of marijuana, which is not considered a high enforcement priority for most law enforcement agencies.
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When: 11:30 a.m. to 1 p.m. Friday, February 21 Where: Sidney & Berne Davis Art Center, Fort Myers
THE PANEL Cole Peacock: Peacock was appointed to the first Florida Hemp Advisory Committee by Nikki Fried, Commissioner of Agriculture and Consumer Services. He also is president of RC Peacock Consulting LLC and cofounder of Seed and Bean Market, as well as CE Investment Group USA LLC. Chris Marrie: He is principal in the Naples office of HBK CPAs & Consultants. He also is director of the firm’s Cannabis Leebar.org
Industry Group in the southern tier of the firm’s service region. Marrie has been instrumental in the growth of HBK’s cannabis specialty. He has worked extensively with clients in all facets of the cannabis industry. Scheril Murray Powell, Esq.: She is president of the cannabis consulting firm Green Sustainable Strong, LLC and managing partner at Scheril Murray Powell, P.A. She also is general counsel for Minorities for Medical Marijuana and general counsel for Patience with Patients. She serves as in-house counsel for the EOP Foundation’s Medical Cannabinoid Research and Policy Institute. Michelle Suarez, Esq.: She is a partner in the firm Odroniec Suarez, P.A., located in Fort Lauderdale. The firm helps entrepreneurs, serial entrepreneurs and small to mid-sized businesses in all aspects of their corporate needs from business consulting and corporate drafting of documents to contract review/negotiation and commercial litigation. Holly Bell: She is Director of Cannabis for the Florida Department of Agriculture and Consumer Services. Bell oversees the Florida Hemp Program created under Florida Senate Bill 1020. She also assists the Florida Department of Health with the edibles portion of the Medical Cannabis Program.
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February 2020
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ACCESSIBLE WEBSITES IMPORTANT FOR AVOIDING LAWSUITS by christina harris schwinn, esq.
Your clients should be concerned about the possibility of a website accessibility lawsuit. Recent developments relating to website accessibility under Title III of the ADA and the cross-over impact Title III has on housing providers under the FHA should be a concern for entities hosting websites that offer services to the public or any housing provider that uses a website to advertise rental housing or sales. Websites are all the rage in both the housing and retail markets. More and more activities of daily life are being driven towards the use of websites for retail shopping and to secure housing, especially in the rental market. Many times, websites are designed, implemented and go live with little attention being paid to two very important federal laws: the Americans With Disabilities Act of 1990 and the Fair Housing Act of 1968. Regardless of your target audience, the website designer and establisher must first determine what law applies before creating and launching a website. The ADA applies to both government and private businesses, while the FHA applies to housing providers. Even though the two laws target
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different constituencies, the goal of both is to make available the same rights of access to the disabled, whether it be to employment, housing or a place of business, as it would be to a person not facing those challenges. When enacted, the primary concern of lawmakers under the ADA was accessibility to brick-and-mortar facilities and reducing barriers to employment by the disabled. As a result, not much attention was paid on accessibility on anything other than brick and mortar and employment. Now, fast-forward to website accessibility and there is a new and “rich” battleground for plaintiffs lawyers and advocacy groups. Website providers, whether business, community association or merchant, should be aware of a fast growing legal trend, i.e. lawsuits under both the ADA and the FHA, targeting entities with inaccessible websites to the disabled. In both instances, a plaintiff (many times funded by a lawyer or advocacy group) threatens a lawsuit seeking an injunction to force the website provider to make the provider’s website accessible to the disabled and to recover attorney fees for the law firm or advocacy group that filed the lawsuit. Leebar.org
For now, the primary focus appears to be website accessibility for the visually impaired, but that, too, should change. For the visually impaired, the advocates primarily enlist “testers” to assist them in determining website accessibility, e.g. whether a screen reader such as JAWS (Job Access With Speech) can read the information on the provider’s website to the visually impaired individual. If the provider’s website is not accessible, then the website provider could be the target of a lawsuit. In summary, the ADA and the FHA website accessibility lawsuits are being fueled, in part, by the United States Supreme Court’s decision not to hear the Domino’s Pizza case appealed from the United States Ninth Circuit Court of Appeals by Domino’s Pizza. The Supreme Court’s cert denial left intact the United States Ninth Circuit Court of Appeals decision, where the court basically hammered the Domino’s Pizza lawyers on the fact that Domino’s Pizza should not be surprised about the legal requirement to make its website accessible given the ADA has been law since 1990. The most important takeaway from the Domino’s Pizza litigation is the
there existed no promulgated standard under the ADA, and therefore, it shouldn’t be liable. Domino’s Pizza’s excuse for not complying with the ADA was weak because a private standard does exist that is widely known. The standard is known as WCAG (pronounced “WikAg”) developed by W3C.9. No one should be surprised by this development as this is not the first time a private organization has stepped in to fill a void. WCAG is here to stay as the leader.
court’s clear message that accessibility to websites by the disabled is not a new concept. The court made short shrift of Domino’s Pizza’s argument that it should not have to comply with the ADA’s accessibility requirements because
As an example of the foothold of the WCAG standard, all one needs to do is look to what is going in federal agencies. For example, all federal agencies (including HUD) that are required to comply with § 504 of the Rehabilitation Act are also required to use the WCAG 2.0 AA Standard for Website Accessibility on all websites. If your entity or organization has
February 2020
a website, make sure it meets the legal standards and is accessible by the disabled. The best time to install accessibility features into the architecture of the website is at inception, and remember that a cheap, quick fix offered on the Internet may not be a “fix.” Note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. Competent legal counsel should be consulted if you have questions regarding compliance with the law. Christina Harris Schwinn is a partner and an experienced employment and real estate attorney with the Pavese Law Firm. For more information on this article, email Schwinn at hristinaschwinn @paveselaw.com. To view past articles from Schwinn, visit the firm’s website at paveselaw.com.
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guest attorney
A VETERAN’S SUCCESS STORY by shanthy balachanthiran, esq.
C
lient Clifford Knight came to the Fort Myers office of Florida Rural Legal Services recently because of a veterans disability pension and Social Security matter. He was referred to FRLS by the Veterans Affairs hospital in Cape Coral. As of mid-August 2019, FRLS partnered with the VA as part of the VA Medical Legal Partnership (MLP) program. The purpose of MLP is to collaborate between medical and legal practitioners in order to provide the veteran with both medical and legal solutions. In Knight’s case, he is a veteran in his 70’s. He served in the Army during the Vietnam War. He received a notice from the VA, stating his pension was going to be drastically reduced because Knight was receiving Social Security benefits while also receiving VA benefits. Knight was invited to meet with attorney Roberto Suarez to discuss the pension issue. Suarez is an accredited VA representative, who
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can legally represent veterans before the U.S. Court of Appeals for veterans claims in Washington D.C. Suarez has assisted numerous veterans with disability claims.
Knight. Given this information, correspondence was sent to the VA, notifying the organization and to prevent it from making the drastic reduction.
Knight’s interview also revealed On behalf of Knight, a telephone call he was living in his personal was initiated to the Social Security vehicle. Since moving out of his last Administration (SSA). After Knight apartment three months ago, Knight and Suarez were properly identified, had nowhere to live because of his Suarez received a detailed account financial situation. Suarez initiated of Knight’s monthly payments. The a call to the Volunteers of America preceding revealed the correct amount of money that was deposited into Knight’s account, which differed from the amount calculated by the VA. Because of the discrepancy, the VA was deducting monies that were in excess of the amount Those who helped veterans with wills, from left, are Peter Knize, Blair DeMinico, Nanci DuBois, Denise received by Wood, event coordinator for the SWFL Military Museum and Library; and Andrew Banyai. Leebar.org
(VofA) in Punta Gorda. The VofA is a nonprofit organization that provides affordable housing for economically challenged and homeless veterans, seniors and people with disabilities. Suarez took Knight to the VofA and introduced him to the facility’s liaison officer, Nancy Ortiz. Knight’s military records were provided, proving he was an eligible veteran. Ortiz conducted a standard intake interview of Knight and was able to successfully find housing for him at the Punta Gorda location. Later, on Oct. 18, 2019, while at the Veterans family fun day in Port Charlotte, Suarez again met with Ortiz, who confirmed Knight was still living in Punta Gorda and doing well – no longer homeless. It is important for legal practitioners to remember to do a thorough intake interview and to ask those difficult
questions that pertain to personal life. If the client seems to have difficulty answering these questions, then change the subject, but later return to the questions. Many times, it is a trust issue that inhibits the interview process; therefore, make it a point to get to know the client before asking personal questions. In Knight’s case, there was a feeling-out process (for the client to feel comfortable) that took almost two hours. Knight talked about life in general. He was asked questions like, “where did you serve” and “what unit were you with.” The extra time to get to know Knight on a personal level, led to the discovery of his homeless situation. The preceding led to the beginning of his new life in a comfortable apartment.
LEE COUNTY LEGAL AID SOCIETY The Lee County Legal Aid Society also provides a valuable service
for veterans through the “Wills for Warriors” program. Last year, more than 20 area attorneys volunteered their time to generate over 50 wills for area veterans during an event at the Southwest Florida Military Museum and Library in Cape Coral. The service was free of charge to the veterans, who sat with the volunteer attorneys who conducted consultations with the vets (and sometimes their spouses) and later provided the will directly to the vet through their offices. The Legal Aid Society is planning a similar event later this year.
Shanthy Balachanthiran is LITC Director & Supervising Associate for Florida Rural Legal Services, Inc.
Family Mediation
Gail Markham is a CPA and CERTIFIED FINANCIAL PLANNER™, and has been certified as a Family Mediator by the Supreme Court of Florida since 1994. She has devoted her entire public accounting career to educating and advising clients about financial issues, whether as a trusted business adviser, qualified expert witness, or family mediator. Her experience in litigation matters and keen understanding for numbers translate into a unique ability to assist parties in exploring settlement alternatives and resolving disputes. Allow Gail to put her experience to work for you.
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xx members new Cassius Borel
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Sheldon E. Finman, Esq.
2134 McGregor Blvd., Fort Myers, Fl 33901 Leebar.org
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Your business is our business. Employment ■ Business ■ Government John Potanovic, Suzanne Boy, and John Agnew
We represent businesses in employment law matters – from hire to termination and everything in between. We provide legal counseling and training to help employers identify legal risks, and collaborate with them to create solutions that work for their workplaces, both private and public sector. While our goal is typically to help clients avoid claims and lawsuits, when litigation cannot be avoided, we are also experienced litigators prepared to defend our clients through trial and appeal.
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the dish
by lauren baugh
n Fort Myers, we have many, many yummy breakfast, brunch and lunch spots around town, but one that is close to home and happens to be one of my favorite spots is First Watch. The restaurant has many locations in our area, but I like to go to the one close to home and work, the downtown Fort Myers location. It seems to be a local hangout for business types and families. The First Watch menu offers a very wide variety of healthy options, as well as indulgent choices. The day I chose to taste their delights and write this article, I met up with a friend to try a few things on the restaurant’s seasonal menu as well as the daily menu. We ordered three entrees and were not able to come close to finishing any of them as the portions are indeed hearty. We ordered the brilliant beet toast with eggs, the vanilla chai latte pancakes and kale tonic off the seasonal menu and the Monterey club sandwich with a cup of hearty vegetable soup off of the daily menu. Each entrÊe was well worth the 10-minute wait for our food. Although it is season in Southwest Florida, the cooks at First Watch have their
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machine so well oiled that we got our food lickety split. Everything was so pretty. It all looked exactly like the pictures online. With each bite of all of these delicious entrees, it became clear, I was not going to leave any room for the sweet tea I also ordered. The bananas and raspberries were so fresh on the pancakes. The service was top notch. We were greeted at the door by the manager, then seated immediately. I cannot ask for more from a restaurant in downtown Fort Myers during season. When I sat down, I noticed a flyer standing up on the table. I looked into it and found that First Watch recently introduced a new coffee program for a great cause. Project Sunrise involves a high-quality coffee grown and harvested by a group of women in the Huila region of Colombia. First Watch is honored to support these women in Huila. As a company, they are choosing to pay Leebar.org
a premium for this quality coffee, which will be paid back to the women farmers in Huila to help improve the quality of life there and facilitate their operations. Such a cool program. They also have an official cookbook for sale where you can get all of their recipes. Many things impress me with First Watch, but one thing that anyone can notice right off the bat is that they are very focused on fresh and quality ingredients, such as cage-free eggs, house-made granola, pico de gallo and house-roasted vegetables. The have a juice menu which has a variety of neat options that they make in-house and fresh each morning. The downtown location was remodeled in early September and
now offers a community table on a first come, first serve basis where you can hold meetings or just accommodate larger parties. The décor is Fort Myers focused and has a really cool mural in front of an older Ford car. Pictured with this is general manager Daniel Newman and regional marketing manager Kelsie Davidson. They were very excited to learn that I was writing an article on their restaurant. Although they are a national chain, each location feels like it is
d regional niel Newman an Da er ag an m l Genera dson. ager Kelsie Davi marketing man
Dr. Virginia E. Harper
the only one. They go out of their way to make sure you have enough to drink and that your food is up to your standard, both rare attributes in today’s world of hustle and bustle.
First Watch Downtown 2059 Altamont Avenue, Fort Myers 239.461.9765 Open Daily: 7am - 2pm FirstWatch.com
Lauren Baugh is executive director of the Lee County Bar Association.
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judge spotlight
Hon. Zachary M. Gill
1. I was born and raised in Lee County. I spent much of my youth participating in local athletics. I grew up playing baseball at Fort Myers American Little League (FMALL). For several years, I played on the FMALL Red Sox, coached by Wilbur C. Smith, Esq. and Hon. Edward J. Volz. 2. I still very much enjoy the game of baseball. I coach Little League Baseball. My oldest, Connor, plays baseball, and coaching his team is the highlight of my spring. In addition, every summer I try to take my sons to a different MLB ballpark. 3. I am an avid woodworker and built most of the furniture in my house. My father is a woodshop teacher at Bishop Verot High School and I grew up with him teaching me his craft. 4. I enjoy outdoor activities and love a good adventure. I recently completed a five-day hike on the Appalachian Trail. Our family vacations typically involve adventures in a national or state park. 5. The majority of my family works in education and public service. My mother, father, mother-in-law and wife are long-time teachers. My youngest son, Max, is named for my great uncle, J. Max Gill, who was a magistrate and sheriff in West Virginia. His well-used gavel and law books are on display in my office.
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member spotlight
Eric Feichthaler
1. As a favor, I picked up a friend of a Georgetown University Law classmate from Reagan National Airport. After 24 years, 18 years of marriage, and four kids, my friend clearly did me the favor! 2. I won two round trip airline tickets to Sydney, Australia by bouncing 22 tennis balls from the baseline into a suitcase at net in 60 seconds in 1998 (rumor was this was a record at the time). This eventually led to an 18-month work assignment in Melbourne, Australia, for myself and my wife, departing three days after being married on Captiva Island in 2001. 3. My first concert was Public Enemy in 1989. My last concert was Richard Marx in December. I like nearly every kind of music. 4. I am a proud graduate of Mariner High School in Cape Coral. I attended during its first three years of existence, 1987-1990. 5. My family has visited all 50 states in the past five years, most of which were done through RV relocation programs. Traveling is a love of mine, travelling cheaply for my family of six is an obsession.
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xx club 100 Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies. Absolute Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Banker Lopez Gassler, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boy Agnew Potanovic, PLLC Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Ofc. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Elder Law Firm of Beth A. Prather, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm
Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg | Noone | Abraham Personal Injury Attorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Law Firm of Scott T. Moorey The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group
McQuagge Law Firm Men’s Rights Law Firm The North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Patrone & Kemp, PA Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Sheldon E. Finman, P.A. Sheppard,Brett,Stewart,Hersch,Kinsey&Hill,P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.
If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know. A FULL-SERVICE LAW FIRM WORKING WITH SOUTHWEST FLORIDA’S LEGAL COMMUNITY SINCE 1924
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February 2020
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xxthe news in
Scot Goldberg and Logan Goldberg of Goldberg Noone, LLC, were honored with an appreciation plaque for their commitment and service to the citizens of Southwest Florida during their time at the State Attorney’s Office. Scot and Logan used the same Law Enforcement Badge while working as prosecutors, and State Attorney Amira Fox retired the badge in their honor. Presenting the plaque were State Attorney Amira Fox (pictured), Deputy Chief State Attorney Rich Montecalvo, Homicide Unit Supervisor, Assistant State Attorney Dan Feinberg and Assistant State Attorney David Scuderi, who is acting head of Collier County. Associate Jennifer A. Nichols has been named a shareholder at Roetzel & Andress LPA. Nichols joins three other attorneys who earned shareholder status: Brian T. Bedinghaus of the firm’s Chicago office and Megan M. Millich and David E. Oeschger, Jr., of its Akron office. Nichols focuses her practice on the representation of planned communities including condominiums, homeowners’ associations and country clubs. She represents community associations in all aspects of their day-to-day operations including compliance with federal law, including the Fair Housing Act, and Florida statutes and regulations. She also represents associations in litigation matters.
Attorney John D. Mills of the Law Office of John D. Mills has recently published his eighth novel, entitled “Cayo Costa Cross,” a Pine Island Sound mystery. It is available in paperback and Kindle on Amazon.com. Mills grew up fishing the waters of Pine Island Sound and fishing remains one of his favorite hobbies. His other published books are “Pine Island Gold,” “The Trophy Wife Divorce,” “The Objector,” The Hooker, The Dancer and The Nun,” and “Reasonable and Necessary,” “The Manatee Murders” and “Sworn Jury.”
Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, has been elected without opposition to an eighth consecutive term on the Board of Governors for The Florida Bar. Lile is one of two governors elected by members to represent the 20th Judicial Circuit, which includes Collier, Lee, Charlotte, Hendry and Glades counties. Lile’s eighth term concludes in June 2022. The 52-member Board of Governors represents The Florida Bar’s 107,000 members and has exclusive authority to formulate and adopt matters of policy concerning the activities of The Florida Bar.
The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that attorney Kayla Richmond has been elected stockholder. She began her legal career at the firm as a summer associate in 2012, and then as an associate after graduating Stetson University College of Law in 2013. Richmond handles dissolution of marriage (divorce), custody, paternity, child support and domestic violence cases. Richmond serves as a governor for the 20th Judicial Circuit on the Florida Bar’s Young Lawyers Division Board, is a member of the Harry Chapin Food Bank of Southwest Florida’s Board of Directors and a participant on the Hunger Walk Committee, is a member of the Association of Family Law Professionals, and is a barrister for the Calusa Inn of Court. Richmond previously served as president of the Lee County Association for Women Lawyers and the Lee County Bar Association’s Young Lawyers Division.
Send your news items to resgestae@leebar.org.
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A BETTER LIFE A full-service immigration law firm: • • • • •
Investor Visas (E-2, L-1) Waivers Visa Petitions Abroad U.S. Citizenship Green Cards
• Marriage and Family Petitions • Religious Visas • Removal/Deportation Defense
An empathic approach and a global presence. “We couldn’t have asked for a better team to represent us... They guided us through the lengthy process with the best advice, patience and the utmost professionalism. They really cared about our file and were always there for us along the entire way! When we finally got our E2 visa and visited them at their office they were sincerely happy for us like your own family would be. We highly recommend Pablo and his entire team...” ~Elke and Fredrick
(239) 309-2558 HurtadoLawFirm.com 4461 Camino Real Way • Fort Myers, FL 33966
Pablo Hurtado, Esq.
PRSRT STD U.S. POSTAGE
PAID
FT. MYERS, FL PERMIT NO. 147
P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
WE MAKE BANKING ABOUT YOU!
“A LOAN CAN SPARK ENDLESS POSSIBILITIES,
including a better way of doing business.” — Greg Blurton, Vice President, Commercial Lending
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 leaders as we provide them with commercial lending services that empower them to reach their goals. We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands. Edison National Bank/ Bank of the Islands customers enjoy:
• free online and mobile banking • no-fee access to their account funds at any Publix® Presto! ATM
• free bill pay services for personal account holders
• courier and cash management services for business clients
• streamlined processing for all loans
including commercial and residential mortgage loans
To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800. An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.