Res Gestae - June 2022

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • JUNE 2022

DeMine New Ad

United We Stand...

For the Accused

All Criminal Charges, Felonies and Misdemeanors, State & Federal

Aggressive Criminal Defense

Over 150 Years of Combined Experience

239.277.5297 MuscaLaw.com Attorney John Musca 21 Year Veteran Defense Attorney

2200 Martin Luther King Blvd.

Fort Myers, FL 33901

table of contents on the cover

20

Building a Better Community

ad directory

Professionalism. Diversity.

Inclusion Keith Grossman, Esq.

special features

24

ABA's New Diversity CLE Policy Keith Grossman, Esq.

ON PAGE 20 On the cover: Photo composition of Professionalism, Diversity & Inclusion seminar speakers Composition by April Bordeaux

departments 6 8

Letter from the President

Tiffany Pereira, Esq.

Letter from the Executive Director Lauren Baugh

10 Calendar of Events 12 Ethically Speaking Henry Lee Paul, Esq.

14 Practice Section Appellate Law

18 Guest Attorney

All Florida Employers are required to report new hires and more

Christina Harris Schwinn, Esq.

26 Community Connection

28 Legal Lens Law Week

30 The Dish

Tijuana Flats

Lauren Baugh

32 Legal Lens

LCAWL Law Week 2022 Judicial Appreciation Reception

33 100 Club 35 New Members 36 5 Things You Don't Know About Me

Carolann Swanson, Esq.

38 In The News

Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Donna Tisch Edison National Bank Frank Piazza, P.A. Jones & Co. Realty Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Lee County Bar Assocation Lee County Bar Assocation Lee County Bar Association Lee County Bar Assocation Lee County Bar Assocation McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Ringsmuth Roetzel & Andress Roetzel & Andress Senior Advocacy Group Sheldon E. Finman, P.A. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A.

19 IBC 13 35 11 33 27 13 15 IFC 19 BC 15 19 9 36 11 11 16 27 33 17 37 3 9 17 38 25 23 5 27 9

Featuring Judge Leigh Frizzell Hayes and Sawyer Smith, Esq.

Ann Dalton, Esq.

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability, or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the executive director of the Lee County Bar Association, Lauren Baugh at lbaugh@ leebar.org or 239-334-0047.

ON PAGE 30

4

RES GESTAE

LeeBar.org

Spivey revised ad

Maximum Referral Fees Paid

Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents Wrongful Death

239-337-7483 www.SpiveyLaw.com Main Office

13400 Parker Commons Blvd Fort Myers, FL 33912

Serving ALL of Florida

Randall L. Spivey

Attorney Randall L. Spivey Board Certified Civil Trial Attorney

president's letter It’s summertime! The year is flying, and May was no exception.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

I thank everyone who participated in Law Week, whether it was giving blood at the Blood Drive, giving legal advice at Law in the Mall, or simply joining us for the LCAWL Judicial Reception or the Law Week Awards Lunch.

executive council

VICE PRESIDENT

TREASURER

Spencer Cordell, Esq.

Hon. Kathleen Smith

BOARD MEMBERS

Travis Russell, Esq. John Miller, III, Esq. BENCH-BAR GALA

LAW WEEK

Diana "Dawn" Maselli, Esq.

Hon. John S. Carlin

DIVERSITY AND INCLUSION

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

Kelly L. Fayer, Esq. and Ita Neymotin, Esq.

Volunteering for the tournament and joining the committee was one of the first things I did when I became an attorney six-and-some-years ago. If you are looking for a FUN way to get involved, I definitely recommend it! The committee starts meeting in the fall, but really picks up work when the new year hits. There is always room for more people, so consider joining the committee and reach out to Shannon Puopolo for information.

HEALTH AND WELLNESS

John Miller, Esq. and Hon. Kimberly Davis Bocelli HISTORY

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.

MOCK TRIAL

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PARALEGAL

Rich Haberle PRO BONO

T. Rankin Terry, Esq.

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Alex Brockmeyer, Esq.

INTELLECTUAL PROPERTY

CORPORATE LAW

Mark Nieds, Esq. and Holly McFall, Esq.

Alicia Olivo, Esq. CRIMINAL LAW

Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq. ELDER LAW

Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW

Kayla Richmond Miller, Esq. and Danielle Seitz, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

LAND USE AND GOVERNMENTAL LAW

Sarah Spector, Esq. and Erica Woods, Esq. REAL PROPERTY, PROBATE AND TRUST LAW

Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq. SOLO & SMALL FIRM

Jarred Duke, Esq., John Webb, Esq. and Robin Merriman, Esq. TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com RES GESTAE

Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.

LAW RELATED EDUCATION

Carlos Kelly, Esq. and George Knott, Esq.

6

Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq.

committee chairs

On the heels of Law Week was the LCBA Foundation’s Annual Charity Golf Tournament, held at The Forest. Over 30 volunteers joined the Golf Tournament Committee to make the event possible, and what a success it was!

As for me, I am headed off to the Florida Bar’s Annual Convention at the end of the month. I am looking forward to another year of meeting and working with other voluntary bar leaders and attorneys from around the state. While we are there, we are taking our kids to Disney for the first time! With a threeyear-old, a one-year-old, and a baby on the way, I’m sure it will be an adventure. Wish us luck!

SECRETARY

Peter Knize, Esq.

YLD President - Katherine Camadeco, Esq. President Emeritus - Blake Hampton, Esq.

You may not know that this was Executive Director Lauren Baugh’s first in-person Law Week with us! There is so much coordinating, planning, and behindthe-scenes work that is required, so congratulations Lauren for pulling it off without a hitch!

Our event this month is the Professionalism and Diversity and Inclusion Seminar held in conjunction with Honorable Ita M. Neymotin, Regional Counsel. Have you SEEN the line-up for this event? It will be held from 9:15 a.m. to 4:10 p.m. on Friday, June 17th, 2022, at the Crowne Plaza at Belltower. This is your opportunity to hear from a Supreme Court Justice, Florida Senate President-Designate, the President-Elect of the Florida Bar, as well as the President-Elect Designate, our Sheriff, the City of Fort Myers Mayor and more. The list is truly amazing, and I thank Ms. Neymotin’s staff for their work putting this together.

What an opportunity!

PRESIDENT

Tiffany Pereira, Esq.

LeeBar.org

Criminal Defense Lawyers upholding our reputation for success and defending the Constitution for a combined 100 years.

ROH ad

Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States

Some of our achievements: Former 20th Judicial Circuit

Elected State Attorney Former President of the Lee County Bar Association Former Chair of the Florida Bar Grievance Committee 20th Judicial Circuit Former City Attorney of Fort Myers Original Master and Founding Member of the Calusa Inn of Court Voted 2017 Lawyer of Distinction-Top 10% in the United States Former Lee County Court Division Chief of the State Attorney’s Office Founding Member of National DUI College Thompson Reuters Super Lawyer AVVO “10” Rating by Reviews Death Qualified for Death Penalty Cases “AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards Former Head of the Hendry/Glades County State Attorney’s Office All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated Collier County Lion of the Law Judicial Award for Professionalism Former Lee County Circuit Court Division Chief of the State Attorney’s Office 2020 Top 40 Under 40 National Trial Lawyers Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit Current Board Member of the City of Fort Myers Police Citizen Review Board All Partners were Former SWFL Prosecutors Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit Voted one of Gulfshore Life’s Top Lawyers in SWFL Media appearances on Dateline, NBC, Fox, CNN, Dr. Drew, News-Press, Naples Daily News and USA Today. ◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

◆

Ringsmuth, Day & O’Halloran, pllc ◆

◆

◆

c r i m i n a l

d e f e n s e

◆

◆

◆

Free Consultation ◆ Call Anytime 239-332-2500 ◆ 239-245-8646 ◆ SWFLjustice.com 2215 First Street, Fort Myers, FL 33901

executive director's letter It’s been a busy first half of the year. I pack in as much as I can for our members!

We are always providing a variety of programming each of you can take part in and enjoy. If you would like to see something, email or call me, and let’s talk about it. Let’s see if we can make it happen!

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 Ext. 1001

A while back, I sent out a survey asking for opinions.

Many responded asking for more socials, so we partnered with FineMark National Bank & Trust and offered an in-person social networking event, which was amazing. If you were not able to attend, you missed out, and we look forward to offering that event again, as well as more events like it. If you are interested in hosting a social, let me know!

EDITORS-IN-LAW

Tiffany Pereira, Esq. and Hon. Kathleen A. Smith

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

You also requested more CLEs, so we are working on that as well. If you would like to put on a CLE, we are always looking for stellar speakers to educate our members.

Keith Grossman, Esq.

CONTRIBUTING WRITERS

Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Alexander Brockmeyer, Esq. Christina Harris Schwinn, Esq. Anne Dalton, Esq. Carolann Swanson, Esq.

On June 1, YLD will partner with Waterman Broadcasting on a one-hour marketing tell all.

Tiffany Pereira and Chief Judge Michael McHugh arranged for a new event, “Burritos with the Bench”. All LCBA members can come together, get to know each other, ask questions, and the like, while feasting on food from one of my favorite spots, Tijuana Flats. Did you know they have a 501c3 under their corporate umbrella, called the “Just in Queso Foundation”?!

"Burritos with the Bench" will be held on June 1 from 12:00 pm to 1:00 pm. The promo ad in the Res Gestae on page 11 has full details. Not a member and still want to attend? Joining LCBA is easy-peasy. Go to our website, select membership, and click renew or join in the dropdown menu. Then, you can take it from there. Not a fan of joining via the web? Not a problem; call or email me, and I will get you signed up.

Have you checked out our new CLE CDs we have available?

While we have several more on back order with the Florida Bar, we have several to offer now. Call Mairelis at 239.334.0047 to see what we have in stock and ready to lend to you.

Check out our website for a full listing of events. We have another big event on June 17 with our Diversity & Inclusion Committee that you won’t want to miss. The speaker line up is unbelievable!

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.

Copyright©2022 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

8

RES GESTAE

5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | Info@ConricPR.com LeeBar.org

Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements

Maximum Referral Fees

Joe North has been helping clients with injury cases and death cases for 30 years.

TheNorthLawFirm.com

Attorney Joe North

14241 Metro Parkway, Suite 200 Fort Myers

THE LAW FIRM OF SCOTT T. MOOREY is pleased to announce

JILL A. PRENGER has joined the firm.

CRIMINAL DEFENSE ATTORNEYS

Scott T. Moorey, Esq. Lance W. Dunford, Esq. Jill A. Prenger, Esq. Scott T. Moorey ATTORNEY AT LAW

239-275-5552 1430 Royal Palm Square Blvd.

Ft. Myers, FL 33919

Jill A. Prenger ATTORNEY AT LAW

Good People Do Get Arrested.com June 2022

RES GESTAE

9

calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!

1

LCBA Presents "Burritos with The Bench"

Noon – 1 p.m.

A Social Luncheon Event for Lawyers, Paralegals, JAs and our Judiciary Location: Lee County Justice Center, Courtroom 5J FREE for all LCBA Members Register: LeeBar.org

2

LCAWL YLD "Marketing Magic...The Man Behind the Curtain Tells All!"

Noon – 1 p.m.

Speaker: Matthew Bernaldo, Waterman Broadcasting Location: Lee County Justice Center, Courtroom 5B Register: Leebar.org

10

LCBA RPPTL Virtual Meeting

Noon – 1 p.m.

Topic: Legislative Updates Speaker: Travis Hayes, Esq. Location: Microsoft Teams Register: LeeBar.org

June

HELLO

17

LCBA and Office of Criminal Conflict, Civil Regional Counsel, 2nd DCA “Diversity and Inclusion” Seminar

9 a.m. – 4 p.m.

Location: Crowne Plaza LCBA Members $25 NON LCBA Members $35 (Registration Includes Lunch) Please see the website for full details Register: LeeBar.org

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 2022 Annual Sponsors

10

RES GESTAE

LeeBar.org

Mediation. Arbitration.

Virtual or In-Person.

Board Certified in Civil Trial Law by The Florida Bar Represented Plaintiffs and Defendants Former Plaintiff-side Personal Injury Attorney Former Medical Malpractice Defense Attorney Southwest Florida Resident Since 2005

Chad T. Brazzeal, Esquire

Chad@BrazzealMediation.com

Office in Collier County, Florida

(239) 821-0069

BrazzealMediation.com

June 2022

Schedule Online

RES GESTAE

11

ethically speaking

Bar alleges global settlement creates unwaivable conflict by henry lee paul, esq.

T

he Florida Supreme Court suspended a lawyer for 91 days for agreeing to a global settlement in a first party insurance property claim. The settlement was agreed to by the lawyer without adequate communication or consent of the clients. In The Florida Bar v. Saldamando, SC20-844, the Court found a violation of Rules 4-1.2 (Scope of Representation), 4-1.4 (Communication) and 4-1.7 (Conflict of Interest). The order was entered without opinion.

In this case, the clients gave authority to settle a case if they received $65.000.00.

This authority was based on a global settlement amount of $100,000.00. Mr. Saldamando was able to increase the settlement amount to $157,000.00, and failed to inform his clients of this increase.

When the clients learned of the additional settlement amount and objected to the proposed division of settlement funds, Mr. Saldamando maintained the fee agreement allowed him to exempt the additional funds from the contingency.

The fee agreement provided for a contingency as well statutory fees in accordance with F.S. 627.428. The lawyer claimed the additional funds were not subject to the contingency because

12

RES GESTAE

they were fees agreed to pursuant to the statute and therefore exempt from the contingency. In offering the settlement, the insurance company did not distinguish between what amount was attributed to property damage as opposed to statutory fees.

The Court reversed the referee’s recommendation of a public reprimand based on a violation of only Rule 4-1.4.

The Court also imposed a finding of violation of Rules 4-1.2 and 4-1.7.

However, in so doing, the Court gave no guidance as to whether it adopted the position taken by The Florida Bar that a contingency fee agreement in a first party claim may create an unwaivable conflict when there is a global settlement and the contingency is not applied to the entire settlement.

The Bar argued “The omission of a contingency percentage means that Mr. Saldamando gets paid more if the client gets paid less. His agreement gives him an incentive to negotiate his own client down to a lower settlement in order to increase his own payment. It contains an unwaivable conflict from the moment the lawsuit is filed.” The Bar asserted that such global settlements are a “setup for LeeBar.org

disaster” and “a minefield after minefield.”

Although the Bar takes the position the mixed contingency fee, in these circumstances, creates an unwaivable conflict, the Court did not clearly adopt this position. By refusing to accept the Bar’s allegation that the fee agreement violated Rule 4-1.5 (Fees and Costs for Legal Services), there remains some uncertainty as to what terms are appropriate in a first party property claim fee agreement.

All attorneys who practice in the area of first party property insurance claims should closely review the pleadings and briefs in this disciplinary case, along with F.S. 627.428, as recently amended, and recently enacted F.S. 627.70152. It can at least provide some guidance to help navigate through this legal minefield.

Henry Lee Paul, Esq. 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.

Discover something special.

For specialists, discovering a diamond comes easy. With over a century of combined expertise guiding our hand in medical malpractice, we’ve uncovered gems for our clients against hospitals and physicians. With over a century of combined expertise guiding our hand in medical malpractice, we've uncovered gems for our clients against hospitals and physicians.

Call us at (877) 644-5122 to discuss your client’s potential case.

BRANDING

+

DIGITAL MARKETING

+

GRAPHIC DESIGN

+

PUBLIC RELATIONS

+

WEBSITE DEVELOPMENT

+

ADVERTISING

Experience the POWER of an award-winning full-service agency.

CONRICpr.com 239.690.9840 June 2022

RES GESTAE

13

appellate law practice section

HOW TO PREPARE FOR THE DCA REALIGNMENT

by alexander brockmeyer, esq.

O

n November 24th of last year, a majority of the Florida Supreme Court adopted the recommendations of the District Court of Appeal Workload and Jurisdiction Assessment Committee.1 The Court certified the Committee’s recommendation that: 1) a Sixth District Court of Appeals be formed; 2) seven2 new judgeships be added to the appellate courts; and 3) the districts be re-aligned. Legislation to enact the certified Committee recommendations is now in conference in Tallahassee.

Why is there going to be a realignment?

The Supreme Court believes “that public trust and confidence will be enhanced by the creation of a sixth district court.”1 The concern about public trust and confidence stemmed from the underrepresentation of the Fourth Judicial Circuit in the district court judiciary.1 “Under the current configuration of district courts, the Fourth Judicial Circuit generates 29 percent of the filings of the First District Court, but only two judges—constituting 13 percent of the judges on the First District Court— are from the Fourth Judicial Circuit.”1 In order to rectify (or at least temper) this underrepresentation, the Fourth Judicial Circuit will be realigned to fall

14

RES GESTAE

into the Fifth District. Further, all but one of the new judgeships proposed by the Court will be in the newly realigned Fifth District.

What do Florida lawyers need to do to prepare for the changes?

Practitioners should determine whether their practice will be affected at all. If you regularly practice in Clay, Duval, Nassau, Orange, or Osceola Counties, you likely have a bit of work to do. You should determine whether or not there are any conflicts with regard to the precedents of the former district and the new one. Next, you will need to update the citations you regularly use to reflect the law of the District your Judicial Circuit now resides in. Practitioners in Pasco, Pinellas, DeSoto, Manatee, Sarasota, and Hillsborough Counties will have significantly less work to do. These counties will form the new Sixth District, but all used to be in the Second District.

Because the Sixth District will be comprised of judges who used to sit in the Second District, practitioners should continue to cite to Second District law at both the Circuit and District Court level, at least until opinions are handed down by the Sixth District that are “on-point.”

While differences will undoubtably arise over time, for the years to come at least, LeeBar.org

the Sixth District’s law will be closely tied to that of the Second. In fact, I suspect the Sixth District will adopt the former Second District precedent, just like the Eleventh Circuit Court of Appeals did when it was split from the old Fifth Circuit Court of Appeals.

For Lee County practitioners, not much will change. Over the years, the unofficial home of the Second District has been Tampa. With the creation of the Sixth District, the Second District’s home will return (unofficially and officially) to Lakeland.

In re: Redefinition of App. Dist. and Cert. of Need for Add’l App. J., Case No. SC21-1543, 2021 WL 5504715 (Fla. Nov. 24, 2021) [hereinafter “SC Opinion”].

1

The Court initially certified a need for six new seats, but issued a supplemental opinion in December of 2021 amending the certification to add a seventh.

2

Alexander Brockmeyer is a partner at Boyle, Leonard & Anderson, P.A., in Fort Myers, Florida. He focuses his practice in appellate and original proceedings in both state and federal courts.

ructuring / Bankruptcy | Business Law | Commercial Litigation

KNOWLEDGE. INTEGRITY. RESULTS. Mike Dal Lago, Esq.

www.dallagolaw.com

999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108

Mike Dal Lago, Esq. Christian Haman, Esq. Jennifer Duffy, Esq.

239-571-6877

BUSINESS g: Naples, Ft. Myers, Sarasota, Tampa & Orlando LAW Accolades include:

BUSINESS RESTRUCTURING BUSINESS BANKRUPTCY • Business Formation • Corporate Governance

• Bankruptcy Reorganization

Serving Naples, Ft. Myers, Sarasota & Tampa 999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108 4972 Royal Gulf Circle Fort Myers, FL 33966

• Insolvency Matters

• Chapter 7, Chapter 11 And Subchapter V Bankruptcy Cases

• Out-Of-Court Restructuring

• General Corporate Counseling

(239) 571-6877

• Fiduciary Duties

www.dallagolaw.com

Naples Illustrated

frank piazza new ad

June 2022

RES GESTAE

15

June 2022

RES GESTAE

17

guest attorney

All Florida employers are required to report all new hires and more by christina harris schwinn, esq.

W

hy are employers required to report newly hired (rehired) employees and independent contractors? The obvious reason is so that the State of Florida can determine whether unemployment taxes are being paid on the wages paid to the employees.

However, there is another reason that many employers are not aware of, i.e., enforcement of child support orders.

The reporting of newly hired or rehired employees creates a depository of information that assists the Department of Revenue Child Support Program (“Program”) to ensure that child support obligations are timely paid. How? Simply put, if the Program has a child support order on file it can match it up to its databases of employers and employees and then it can facilitate and direct the collection of child support payments.

Child support obligations are legal obligations of the parent, but, note that the collection and payment thereof becomes the obligation of the employer paying wages to an employee once the employer receives written notice of a child support order. Do not ignore a child support order—or any other wage garnishment order for that matter. Why? Because ignoring such orders could lead to strict financial liability for the employer. If an employer fails to comply with the child support or garnishment order, the employer can be liable for the payments that the employer failed to withhold from the garnished employee’s wages. Monitoring child support and garnishment orders should be a priority of every organization.

Why does the new law include the reporting of payments to independent

18

RES GESTAE

contractors who are paid $600 or more?

First, note that the requirement does not include independent contractor relationships with established businesses.

Rather, the law targets misclassified individual independent contractors who should have been treated as an employee to begin with. The reporting requirement is triggered as of the hire date of either the employee or the independent contractor and submission of the report is required within 20 days.

As of October 1, 2021, the new hire reporting requirements were extended to cover all employers employing employees regardless of the number of employees employed.1 Employing one employee triggers the reporting requirement. The law also requires employers or any business entity to report any payment to an independent contractor of $600 or more.

Penalties / National Registry Currently, § 409.2576 imposes no monetary penalties for failure to file the new hire/independent contractor report.

If the State of Florida amends its statute, federal law limits the penalty, and it may not exceed $25 per unreported person.

The State of Florida shares the information collected on the new hire reports with other states. The information is collected in a National Registry. The stated goal is to ensure enforcement, primarily, of child support orders.

Independent Contractor Classification Whether the information reported by businesses regarding the payments of $600 or more to independent contractors (generally self-employed ones) will lead to more enforcement actions against LeeBar.org

employers that misclassify employees as independent contractors remains to be seen.

If your business has not already done so, now is a good time to review pay practices for employees and independent contractors to ensure compliance with these new reporting requirements. If your business contracts with a payroll service or professional employer organization, be sure to inquire about how the company ensures compliance with the new hire reporting requirements.

Caution! Don’t forget about independent contractors. Unless your company has specifically contracted with its payroll processing service or other service provider specifically for the processing of payments to independent contractors, do not assume that the information regarding them is being reported.

For more information on the new hire/independent contractor reporting requirements, visit https:// servicesforemployers.floridarevenue. com/Pages/home.aspx.

Prior to the amendment to § 409.2576, Fla. Stat., only employers with 250 or more employees had to report new hires and there was no requirement to report independent contractors.

1

Questions regarding the content of this article may be e-mailed to Christina Harris Schwinn at christinaschwinn@paveselaw. com. Ms. Schwinn is a partner and an experienced employment and real estate attorney with the Pavese Law Firm, 1833 Hendry Street, Fort Myers, FL 33901; Telephone: (239) 336-6228; Fax: (239) 332-2243. To view past articles written by Ms. Schwinn please visit the firm’s website at www.paveselaw.com.

Your

a d i r o l F t s e w h t u o S Realtor

Don’t Like Dependency?

I Do.

®

Christina Mehta, GRI, RSPS

Waterfront Specialist

David T. Agoston, Esq. Practice limited to DCF and TPR Defense

Affiliate Member of the Lee County Bar Association

27 years of experience

(239) 313-7581

Call Today! 239.470.4204

Email: Christina.Mehta.realtor@gmail.com 1342 Colonial Blvd • Unit H-59 • Fort Myers, FL 33907

dtalawfirm@aol.com

www.ChristinaMehtaRealtor.com

June 2022

RES GESTAE

19

Building a Bett

professionalism  d

by keith grossman, esq.

D

r. Peter Ndiang’ui, Adjunct Professor at Florida Gulf Coast University, was born during the war for Kenya’s independence. He says, “The atrocities meted by the colonizers and their collaborators against my parents and all of us necessitated that we hate everything British. But my mother taught us of the futility of hate. From early times in my life, the Buddha quote that ‘holding onto anger is like drinking poison and expecting the other person to die’ acquired reality in the teachings of my mama. My mother also reminded us that goodness or badness was not unique to any one group of people. She reminded us that good and bad people are right here with us, and good and bad people are out there as well. I am therefore driven by her words and these words from Abraham Lincoln: ‘I do not like that person. I must get to know them better.’”

20 RES GESTAE

Ndiang’ui’s personal experiences and perspective reminds us of the importance of “Diversity & Inclusion”. Diversity reminds us of our differences and the positive aspects that brings to an organization. Inclusion is creating a sense of belonging and support from the organization. Together, they create an environment of value and respect.

On June 17, 2022, the Lee County Bar Association, and Ita M. Neymotin, Regional Conflict Counsel of the Office of Criminal Conflict & Civil Regional Counsel, Second District Court of Appeal, are sponsoring a “Professionalism and ‘Diversity and Inclusion’ Seminar”. Topics related to professionalism and “Diversity and Inclusion” will be presented by a host of speakers.

CLE credits are being offered, and you can register at the LCBA website.

Neymotin, who is also co-Chair of the LCBA Diversity & Inclusion

LeeBar.org

ter Community

diversity  inclusion Committee, says, “Having immigrated from Kazakhstan many years ago, I have first-hand experience on the importance of diversity and inclusion. When parties of different ethnic backgrounds listen to and genuinely include one another by understanding and embracing our differences, we become wiser, more inclusive, and better as a community.”

the contemplation of his beloved.’ And finally, Paul’s letter to Corinthians constantly reminds me that ‘Love never fails’.

Ndiang’ui also says, “In the last decade, I have become a scholar of Viktor Frankl and his search for meaning in every situation.

This quote helps me to find meaning particularly in situations in which I feel discriminated against for whatever reason. Faced by such circumstances that would tempt one to return hate for hate, I am empowered by this quote from Viktor Frankl: ‘The truth that love is the ultimate and highest goal to which man can aspire, I understood how a man who has nothing left in this world still may know bliss, be it only for a brief moment, in

In May 2010, the Florida Bar recognized the need to show leadership on the topic of diversity & inclusion. Following recommendations from the Program Evaluation Committee, the Florida Bar overhauled its diversity efforts and created the Diversity and Inclusion Committee. In addition to creating the committee, the Bar also created a Bar staff role regarding diversity and inclusion.

The Florida Bar created the following Mission Statement: To increase diversity and inclusion in The Florida Bar so that the Bar will reflect the demographics of the state, to develop opportunities for community involvement, and to make leadership roles within the profession and The Florida Bar accessible to all attorneys, including those who are racially,

June 2022

RES GESTAE

21

The rule of law can only thrive if our profession applies the law with respect for all members of society. The best lawyers are also the most professional lawyers. A lawyer cannot be professional without embracing the concepts of diversity and inclusion.

-Henry Lee Paul

ethnically and culturally diverse, women, members of the LGBTQ community and persons with disabilities.

review and selection process.

The task force’s other recommendations included:

The Florida Bar Board of Governors further defined diversity as follows:

• Review the processes used by JNCs in identifying, recruiting and evaluating nominees for appointment to Florida’s judiciary;

“The term ‘diversity’ has a dynamic meaning that changes as the demographics of Floridians change. Apart from differences in race, color, gender, national origin, religion, age, sexual orientation, citizenship, and geography, to mention a few, the public and our profession will experience changes in thought, culture, and beliefs. These demographics are constantly in flux.

Defining ‘diversity’ based on current differences would limit its application to future changes, and likewise restrict or limit The Florida Bar’s consideration of and response to such changes.”

• Determine whether JNC processes impede recruitment and nomination of applicants diverse in race, ethnicity, gender, color, national origin, sexual orientation, physical disabilities or status as a protected veteran under federal law; • Redirect processes through reforming JNC outreach, interview and evaluation methods; • Address ways to recruit diverse lawyers to apply for JNCs and for judgeships; and

The Florida Bar’s Program Evaluation Committee offered a total of 12 recommendations, which included the following:

• Provide assistance to diverse judges when they first stand for election subsequent to their appointment.

• Diversity grant program for local bars • Outreach program • Increasing communication to sections, committees, divisions, voluntary bar associations, and Bar members about Bar diversity efforts

Florida Bar President-elect Gary Lesser explains the application of those principles. He says, “In our appointments to committees, we take great effort to include diverse backgrounds and experiences.”

• CLEs

Lesser says, “Everyone should have the same opportunities.”

• Having some type of diversity program at each Bar Annual Convention

Lesser is one of the featured speakers at the June 17th seminar. The focus of his presentation will mostly be about professionalism. Lesser explains the Florida Bar’s Committee on Professionalism, which he is co-Chair, is recommending the following changes:

In February 2014, Florida Bar President Eugene Pettis appointed an 11-member task force to determine why diverse candidates were not applying for Judicial Nominating Commission appointment or for judgeships. The task force issued a report in May 2014.

The first recommendation of the task force was to encourage then-Governor Rick Scott to fill the existing 78 vacancies on Judicial Nominating Committees (JNCs) with diverse appointments. The second recommendation was for the Bar to work with the governor to let JNC appointees know diversity matters. Additionally, the report urged the governor not to reject slates of nominees the Bar recommends from its rigorous

22 RES GESTAE

• Improve the way we teach professionalism; • Increase the number of required professionalism CLEs to three (one would be viewing a video produced by the Florida Bar); and • Create uniformity amongst the local professionalism panels.

Attorney Henry Lee Paul is former Bar Counsel in the Tampa Branch of The Florida Bar and former member of the Student

LeeBar.org

Education and Admission to the Bar Committee. He will be speaking at the June 17th seminar. Paul says, “In my practice, I deal with professionalism issues on a daily basis. Professionalism is about respect for others and respect for our legal system.

Professionalism inherently involves acceptance and application of the principles of diversity and inclusion. The rule of law can only thrive if our profession applies the law with respect for all members of society. The best lawyers are also the most professional lawyers. A lawyer cannot be professional without embracing the concepts of diversity and inclusion.”

Katie Young, Assistant Director of the Henry Latimer Center for Professionalism, will also be speaking at the seminar. She says, “Diversity and Inclusion is important to the legal community first and foremost because of public perception—a diverse bar and bench that reflects our society as a whole, creates a greater trust in the rule of law and fosters confidence in our system.”

Attorney Holly Cosby, who is also slated to speak at the seminar, says, “In order to truly achieve diversity, equity, and inclusion, people need to be willing to have regular, uncomfortable discussions. Change occurs when we stop being comfortable and confront difficult issues. For many, this will include doing away with systems that have disproportionate benefits. For many, this will require sacrificing access and entitlement.”

Other speakers at the seminar include:

• Honorable Justice Alan Lawson, Florida Supreme Court; • Honorable Kathleen Passidomo, Senate PresidentDesignate; • Honorable F. Scott Westheimer, President-Elect Designate of the Florida Bar; • Honorable Ed Brodsky, State Attorney for the 12th Judicial Circuit and President of the Florida Prosecuting Attorneys Association; • Honorable Rex Dimmig; Public Defender for the 10th Judicial Circuit and President of the Florida Public Defender Association; • Frank G. Abernathy, Esq., Worldwide Diversity & Inclusion Counselor & Advocate; • Honorable Tiffany Pereira, President of the Lee County Bar Association; • Honorable Carmine Marceno, Lee County Sheriff; • Dr. J. Preston Jones, Professor of Management at Campbellsville University and Retired Dean of Nova Southeastern University, Huizenga College of Business; and • Kelly Fayer, Esq., Past President of the Lee County Bar Association.

The Legacy Continues Helping Save Families since 1971

A respectful approach to divorce.

Client-centered, child-focused, problem-solving transition from marriage.

Divorce does not have to be a destructive process.

Sheldon E. Finman, Esquire | Julia L. Finman, Esquire

239-332-4543 RespectfulDivorces.com 2134 McGregor Blvd., Fort Myers, Fl 33901 June 2022

RES GESTAE

23

special feature

ABA's new diversity CLE policy conforms with Florida Supreme Court ruling by keith grossman, esq.

F

or the last year, the American Bar Association and the Florida Bar have been at odds about Diversity “quotas” for Continuing Legal Education programs. That dispute has now been resolved.

On April 5, 2022, the ABA Board of Governors revised their Diversity policy for CLE programs to be in compliance with an April 2021 ruling issued by the Florida Supreme Court.

The new ABA policy eliminates numeric requirements for panel diversity while requiring organizers to continue to meet the ABA’s objectives to eliminate bias and enhance diversity. The new ABA policy says CLE organizers “will invite and include” moderators and faculty members (“from historically underrepresented communities, e.g., racial and ethnic demographic groups/people of color,

24 RES GESTAE

women, persons with disabilities and LGBTQ+ individuals”) to create panels.

The ABA plans to go back to asking the Florida Bar to accredit the association’s CLE programs based on their new policy.

In response to the ABA’s change in policy, Jennifer Krell Davis, a spokeswoman for the Florida Bar, says, “The Florida Bar has reviewed the ABA’s revised Diversity, Equity and Inclusion CLE Policy, and it appears to comply with Rules Regulating the Florida Bar 6-10.3(d).” Rule 6-10.3(d) governs course approval for continuing legal education.

Florida Bar President-Elect, Gary Lesser, says the Florida Supreme Court offered an opinion that the language is now acceptable. He says, “The Florida Bar is looking forward to giving credits for ABA programs going forward.”

On April 15, 2021, the Florida Supreme LeeBar.org

Court, on its own motion, ruled 6-1 to amend Rule 6-10.3(d) and strike down a policy that had been recently adopted by The Florida Bar’s Business Law Section. The Business Law Section’s policy had followed a guideline established by the American Bar Association in 2017.

The Section’s policy regulated the composition of faculty at CLE programs sponsored by the Business Law Section.

The policy imposed quotas requiring a minimum number of “diverse” faculty, depending on the number of faculty teaching the course and with some exceptions. The policy defined diversity in terms of membership in “groups based upon race, ethnicity, gender, sexual orientation, gender identity, disability, and multiculturalism.” The stated goals of the policy were “eliminating bias, increasing diversity and implementing tactics

aimed at recruiting and retaining diverse attorneys.”

to give course credit to lawyers taking ABA CLE programs.

In reference to the ABA guideline the Business Law Section adopted, ABA President Patricia Lee Refo had explained, “We don’t exclude anybody from participating in the panels. What we do, where necessary, is to expand the size of the panel to include nontraditional voices.”

Many ABA courses are highly specialized, and ABA members can take them for free or at reduced rates. According to a court document, the ABA sponsored 2,893 CLE programs in Florida from March 2017 through April 2021.

The Supreme Court’s ruling in April 2021 was unusual in that the Court issued its ruling without anyone bringing the issue before them and the Court accepted no input.

In its ruling, the Supreme Court said, “Quotas based on characteristics like the ones in this policy are antithetical to basic American principles of nondiscrimination. ... It is essential that The Florida Bar withhold its approval from continuing legal education programs that are tainted by such discrimination.”

Many lawyers, special-interest lawyer

The Florida Bar is looking forward to giving credits for ABA programs going forward.

groups and 85 law school deans commented after the ruling, and in doing so, asked the court to reconsider and reverse its ruling.

Of course, Continuing Legal Education is important for all attorneys licensed with the Florida Bar. To maintain a law license in Florida, a lawyer must complete at least 33 hours of approved courses every three years. In response to the Court’s ruling, regulators at the Florida Bar had refused

Referring to the ABA’s new policy, ABA President Reginald Turner said, “With the policy the ABA Board of Governors approved today, the ABA’s commitment to diversity and inclusion will be showcased in every CLE program it makes available to lawyers. Our nation and our profession are blessed with a great diversity of people from every conceivable background. The ABA has long supported equal opportunities for all. Everyone benefits when participation in ABA programs, including our CLE panels, is maximized.”

Protecting the well-being, safety and independence of Florida’s seniors

Life Care Management

Fiduciary Services

Healthcare Planning • Insurance Management Housing Coordination • Exploitation Prevention

Power of Attorney • Healthcare Surrogate Independent Trustee • Personal Representative

www.senioragroup.com

www.trustnaples.com

2390 Tamiami Trail North, Suite 202, Naples, FL 34103 I 239-206-1203 June 2022

RES GESTAE

25

community connection

by anne dalton, esq.

R

iddle: what does a Circuit Court Judge with a distinguished career of public service have in common with an attorney-scion of a family dedicated for over 50 years to the community? Answer: Post-Civil War, their families started the first two hardware stores in Fort Myers!

Now, the Honorable Leigh Frizzell Hayes, Circuit Court Judge, and Sawyer Smith, Owner and Managing Partner of Wilbur Smith LLC, are linked through their volunteer Board service to the Alliance for the Arts. Judge Hayes’ involvement there is both longstanding and deep, starting in the 1970s when her father, Architect William R. Frizzell, led the effort to dedicate the land where the Alliance now sits.

Judge Hayes felt the need to carry forward the arts legacy of Margaret and William Frizzell by continuing to breathe new life into the organization. Over time, that need became a passion. She commented “under (former Executive Director) Lydia Black, the community became involved.

Our Mission Statement is to ‘transform lives and improve our community through the arts.’ We’ve moved from just 2-D painting to writing, belly dancing, copyright and art law classes, original plays and much more. Molly Dechert is bringing us into another new era.”

26 RES GESTAE

turning to substance abuse, turn from the chaos of today towards the arts and get involved.”

To Sawyer Smith, the Alliance’s Mission dovetails exactly with his firm’s Mission “to use its collective talents to make sure that those in our community are just, enriched and whole. We endeavor to maintain a culture defined by these core values: adaptable; creative; authentic; and inspired by the Constitution.” Sawyer further elucidated, “the Alliance is the epicenter of the arts in Fort Myers, a true and full community center representative of our city. It’s not just an event center.”

Through her work on the Bench, especially in Drug Court, Judge Hayes sees the benefits of an arts connection: “Our world is absolutely chaotic right now, just crazy. I’ve learned through my years as a judge that people do not handle adversity very well. Instead of LeeBar.org

Why volunteer, when our lives are so busy? Judge Hayes opined, “It is important for us all to do something different than the law. We need to get away mentally and physically and do something else for our well-being.

We would stress out if we didn’t. I would hope everyone would volunteer someplace that reaches into their souls and talks to them, so that they can make a difference in their communities. It could be arts, children or hunger, something to make a difference.”

Sawyer Smith opined, “In any industry, you have to give back to your community in order for your community to thrive. If you live isolated from your surroundings, you are not going to have a place to call home. When choosing a place to give back to, choose what your interests are. If you don’t like where you are giving, you won’t do it well.”

Anne Dalton, Esquire, mediator and arbitrator, volunteers in teaching art law workshops at the Alliance.

Lee County Bar Association Nomination Form for two 2023 - 2024 Executive Council Member-at-Large I, _____________________________ nominate the following LCBA member in good standing for the position of 2023 - 2024 Executive Council Member-atLarge: Date: _______________________________________ Nominee’s Name: _______________________________________ Law Firm: _______________________________________ Comments: _______________________________________ _______________________________________ _______________________________________ Complete electronic nomination form online at www.leebar.org or E-mail to: Fax to: Mail to:

LBaugh@leebar.org (239) 334-0523 LCBA PO Box 1387 Fort Myers, FL 33902-1387

*Candidate Nominations will be accepted until close of business day on Thursday, September 15, 2022.

BALLOTS will be e-mailed by Friday, October 14, 2022.

VOTING CLOSES Tuesday, November 15, 2022 at 5:00 p.m.

June 2022

RES GESTAE

27

legal lens

1

2

3

5

6

8 28 RES GESTAE

Law in the Mall 1. Mayor Kevin Anderson, Tiffany Pereira, Lee County Tax Collector Noelle Branning, Lauren Baugh, Katherine Camadeco, Clerk of Courts and Comptroller Kevin Karnes 2. Clerk of Courts and Comptroller Kevin Karnes, Michael Raheb 3. Lee County Tax Collector Noelle Branning, Ryan O'Halloran 4. Wesley Randolph and Paul Liles consult with an attendee Law Week Awards Program and Luncheon 5. Chené Thompson, son Nicholas, Judge Nicholas Thompson 6. Lauren Baugh, Fort Myers PD Deputy Randa Pepitone, Cape Coral PD Deputy Chief Michael Catania, Public Defender Kathy Smith, State Attorney Amira Fox, Lee County Sheriff Carmine Marceno, Kelly Fayer, Tiffany Pereira, Sanibel PD Chief William Dalton 7. Liberty Bell Award recipient, Judge James R. Thompson presented by his son, Judge Nicholas Thompson 8. Lee County Commissioner Brian Hamman, Judge Tara Paluck, Judge Archie Hayward 9. Deputy T. Ward, Lee County Sheriff Carmine Marceno 10. Blake Hampton. Ita Neymotin, State Attorney Amira Fox

4

7

9

10 LeeBar.org

Photos courtesy of Jim Jett Photography

In celebration of Law Week, the Lee County Bar Association partnered with the Lee County Tax Collector and Lee County Clerk of Courts along with many local attorneys to give free legal advice to the community at Law in the Mall on April 30th at the Edison Mall. The Law Week Awards Program and Luncheon sponsored by Kelly L. Fayer was held at The Edison Restaurant on May 6 to honor officers from local law enforcement agencies and teachers.

legal lens xx

11

14

12

13

15

16

17

18

19

20 11.

12.

13.

14.

15.

16.

21

Lee County Sheriff's Office Outstanding Officer of the Year Detective Christian Buchhofer, State Attorney Amira Fox Cape Coral Police Department Outstanding Officer of the Year Officer Coby Palmer, State Attorney Amira Fox Fort Myers Police Department Outstanding Officer of the Year Detective Nicholas Ursitti, State Attorney Amira Fox Sanibel Police Department Outstanding Officer of the Year Detective John Eicher, State Attorney Amira Fox The Dr. James A, Adams Lee County Teacher of the Year for Law-Related Education recipient Kaisha Louis, Kelly Fayer The Dr. James A, Adams Lee County Teacher of the Year for Law-Related Education recipient Yvonne "Bonnie" Cunard, Kelly Fayer 17 -21. Group photos of award recipients For more pics, check out the gallery at LeeBar.org

June 2022

RES GESTAE

29

the dish

Tijuana Flats serves up fresh food and a wonderful community partnership

by lauren baugh

M

any of you may not know this about me, but I am a selfproclaimed queso connoisseur. I have tried queso all over the county and have found I have two favorites. One I am sharing with you now. You will have to wait for another month’s edition of Res Gestae to hear about the other one.

Tijuana Flat’s queso is of the yellow variety with a hint of smoke and has a complex flavor profile. You have two size options for this queso: small and large. If you are eating alone, the small is acceptable; if you are planning to share, the large is the only way to go.

Not only do you get the queso, but you get the fresh, hot and salted chips, which are amazing on their own! We had Tijuana Flats cater a few events, and they are professional and budget friendly. The quality and flavor, though, are what make Tijuana Flats over-the-top worthy of this article.

They have a variety of specialty items on their menu regularly changing, and the staples are just as amazing. I am a creature of habit and tend to stick to the “Chicken Tinga Soft Tacos”. I have also tried many other items off their menu and have yet to have a complaint. Tiffany and I often have our meetings at Tijuana

tacos

30 RES GESTAE

flautas

Flats, as it is centrally located and offers a variety of food that even the pickiest of eaters can eat.

We partnered with Tijuana Flats and their “Just in Queso” Foundation a few years ago to collect toys for ACT for our YLD Holiday Party Toy Drive.

That experience made me appreciate that while they are not a locally-owned chain, they care about the community they are in, and that is hard to find among larger chains. The staff are always so polite, which is always a great sentiment to be greeted with.

Tijuana Flats has over 130 restaurants in Florida, Georgia, North Carolina, Virginia, and Indiana, so we are one of the lucky states to say we have this delectable delight available to eat. They are headquartered in Maitland, which is near Orlando.

One thing they are known for is the Taco Tuesday deal, which is truly an amazing deal.

smokin' chipotle chicken burrito

LeeBar.org

chimichanga

Photos above left to right: Taco with chips, Tijuana Chimichanga, Chicken Tinga Soft Tacos

You get two tacos, chips and a drink for $7.99. The average cost of lunch is approximately $10.00, so you could be saving money by going to Tijuana Flats for lunch.

Another thing quite unique is their sauce bar. They have about 15 different sauces to use, anything from sweet chili sauce to triple x hot ghost pepper sauce. You can buy bottles of some of these sauces, and I will tell you the “Smack My Sweet Ass and Call Me Sally” Sweet Chili Sauce is amazing on anything and also makes a great marinade.

If you have never tried Tijuana Flats, I highly encourage you to attend our “Burritos with the Bench” lunch event on June 1 from 12pm to 1pm in the Lee County Justice Center, Courtroom 5J. We will be having a get-to-know-you-better-style event with LCBA Members and the 20th Judicial Circuit Bench. And, of course, we’re serving Tijuana Flats. This event is free and is only being offered to our LCBA members!

Illustrations: TijuanaFlats.com

12640 Cleveland Ave. #203 Fort Myers 239.204.9530 TijuanaFlats.com Tues -Sat 11 a.m. - 9:30 p.m.

Sun-Mon 11 a.m. - 9 p.m.

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org. bangin' chicken burrito

churro bites

June 2022

RES GESTAE

31

legal lens The LCAWL Law Week 2022 Judicial Appreciation Reception honoring Judge Josephine Gagliardi was held on May 5th at The Edison Restaurant.

Diana "Dawn" Maselli and Magistrate Kimberly Davis Bocelli were also recognized as "Leaders in the Law" by the Florida Association for Women Lawyers.

1.

2.

3.

4.

5.

6.

7.

8.

9.

Judge Josephine Gagliardi Lauren Baugh, Blake Hampton, Dan Detrick, Marcy Shaw Travis Russell, Tiffany Pereira, Andrew Banyai, Alexis Barkis Diana "Dawn" Maselli, Tiffany Pereira Joe North, Judge Archie Hayward Christopher Smith, Andrea Pleimling Smith Magistrate Kimberly Davis Bocelli, Tiffany Pereira Judge Josephine Gagliardi and family Chief Judge Michael McHugh, Judge Devin George

1

2

1

For more pics, check out the gallery at LeeBar.org

4

3

6

7

8 32 RES GESTAE

9 LeeBar.org

Photos courtesy of Jim Jett Photography

5

Photo courtesy of Jim Jett Photography

xx 100 club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies.

Absolute Law, P.A. All Injuries Law Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic Miller, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Che Diaz Law, LLC. Cole Scott & Kissane, P.A. - Fort Myers Freidin & Inglis, P.A.

Garvin Law Firm Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP John Webb Legal Group, P.L. Kagan Law Firm Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey

Lee County Legal Aid Society, Inc. Men's Rights Law Firm Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L.

If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

The Public Notice laws are changing, but working with us is not.

When the new laws* go into effect Jan.1, 2022, the Business Observer will still be in compliance. Which means doing business with us will still be simple, fast, affordable and accurate.

The Business Observer offers: • Electronic invoicing and E-filing capabilities • Professional staff to quickly assist you • Low competitive flat rates • Qualified legal status • All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost To publish your legal notices, call Kristen:

941-906-9386, ext. 323

Email: kboothroyd@BusinessObserverFL.com

BusinessObserverFL.com

*Florida House Bill 35

XNLV19839

June 2022

RES GESTAE

33

legal lens The LCBA hosted the Lee County Clerk of Courts Candidate Forum on April 22 at The Edison Restaurant. Kevin Karnes, Lee County Clerk of Courts and Comptroller, and Liza King, Chief Deputy Court Administrator, Administration Office of the Courts, 20th Judicial Circuit were the speakers.

1. Lee County Clerk of Courts and Comptroller Kevin Karnes, Tiffany Pereira, Lauren Baugh, Liza King 2. Judge Jospehine Gagliardi, Greg Blurton 3. Jennifer Ingole, Judge Robert Branning, Matthew Roepstorff 4. Magistrate Kimberly Davis Bocelli, Blake Hampton, Peter Knize 5. Kelly Fayer 6. Kevn Karnes,Liza King 7. Hon. Kathy Smith, Magistrate Kimberly Davis Bocelli 8. Greg Blurton, Peter Knize, Keith Grossman 9. Paul Thomas, Agnieszka Osowicka, Kathleen Fitzgeorge

1

2

1

5

3

4

6

7

8 34 RES GESTAE

9 LeeBar.org

Photos courtesy of Jim Jett Photography

For more pics, check out the gallery at LeeBar.org

Photo courtesy of Jim Jett Photography

xx new members Joeie Skelly, Esq. Fried & Fried, P.A.

Your business is our business.

Employment ■ Business ■ Government 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.

bapfirm.com ■ 239.208.6500 4415 Metro Parkway, Suite 110 | Fort Myers, FL 33916

June 2022

RES GESTAE

35

member spotlight

Carolann Swanson, Esq.

1. I am a native Floridian, and my favorite season is summer — I love the heat and the rain.

2. My children say I have a very curious and free-ranging mind as evidenced by the ten books on my nightstand.

3. I became a Rotarian because Rotary’s mission is the worldwide eradication of polio, and my beloved aunt was stricken with polio as a young teenager. I will become President of the Rotary Club of Fort Myers on July 1, 2022, and am excited to lead the club during its 101st year.

4. My favorite movie is Local Hero, and I love it because of the poignant characters and because it is hilarious.

5. In my spare time I enjoy growing orchids, working in the yard and taking care of my family.

36 RES GESTAE

LeeBar.org

MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended

Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003

We work to ensure that your legal interests are competently presented throughout your family law matter.

Free Telephone Consultation.

Practicing in Lee, Collier, and Charlotte Counties.

239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904

WANT MORE REFERRALS?

Your fellow LCBA attorneys could be your #1 source.

Advertise Here!

Contact Lisa Doyle-Mitchell 239.851.4729 or advertising@conricpr.com

June 2022

RES GESTAE

37

in the news The Lee County Clerk’s Office of Inspector General recently earned its third accreditation from the Commission for Florida Law Enforcement Accreditation, Inc. The reaccreditation was awarded after the office underwent a rigorous assessment process and board evaluation. The accreditation is achieved by offices that consistently demonstrate conformance to 40 mandatory standards, with each standard having numerous subparts. The department’s staff must attend continuous education on the standards and are given one year to adhere to updates.

Lusk Drasites & Tolisano P.A. welcomes Christopher Stipek to the team. His focus areas will be family law and civil litigation. Stipek is a graduate of Ave Maria School of Law. His prior legal experience includes insurance defense.

Indera DeMine, of DeMine Immigration Law Firm, has been selected as a 2022 finalist for the Distinguished Entrepreneur award by the Florida Gulf Coast University Florida Small Business Development Center. DeMine has also been selected as an honoree in the “On the Rise” category for the 2022 Florida Legal Awards.

850 Park Shore Drive | Trianon Centre, 3rd Floor | Naples, FL 34103

38 RES GESTAE

LeeBar.org

Aloia new ad

Our Dedicated Service Defines Us.

Our personal injury team advocates for the most vulnerable -- individuals who have suffered serious injuries or death. We’re deeply committed to protecting our youth, supporting families and building a safer community for all who call Southwest Florida home.

Ty Roland has been selected to The 2022 Florida Super Lawyers list Super Lawyers Magazine is published by Reuters

Evan Lubell has been selected to The 2020, 2021 & 2022 Florida Super Lawyers lists Super Lawyers Magazine is published by Reuters

Aloia, Roland, Lubell & Morgan, PLLC Practice Areas: +Litigation +Business & Commercial Law +Class Actions & Mass Torts

Discover us for yourself at LawDefined.com.

+Construction Law +Corporate Transactional Law +Family Law +Personal Injury & Wrongful Death

Aloia, Roland, Lubell & Morgan, PLLC is headquartered at 2222 Second Street Fort Myers, Florida 33901 info@lawdefined.com + 239-791-7950

+Property Damage +Real Estate Law +Wills, Trusts, Estates & Probate

Proud Southwest Florida Chapter members June 2022

RES GESTAE

39

P.O. Box 1387 Fort Myers, FL 33902-1387

PRSRT STD U.S. POSTAGE

PAID

(239) 334-0047 Fax (239) 334-0523

FT. MYERS, FL PERMIT NO. 147

LeeBar.org

ENB ad

‘Traditional Customer

“How Do We Provide Customer Service’? We Make it All About the .”

Like Thomas Edison, we believe there is always “a better way.” When you bank with us, you will have a “customer comes first” experience. We consistently go above and beyond your expectations to meet your needs and to provide a better way of banking.

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

Liz Aurensan, Vice President, River District Office Manager

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.