The Orange County Bar Assocation - The Briefs - August 2020

A Publication of the Orange County

Inside this Issue: President’s Message To Try, or Not to Try LaShawnda K. Jackson, Esq.

August 2020 Vol. 88 No. 7

Legal Aid Society GAL Teaching Tips Special Services for Special Children Mexcye C. Roberts, Esq.

Bar Association

Constuction Law Committee Unbundling Rights: An Overview of TDR B. Nax Joye, Esq. Christopher S. Tribbey, Esq. Estate, Guardianship & Trust Committee Probate Avoidance Primer Joseph M. Percopo, Esq., LL.M.

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theBriefs August 2020 Vol. 88 No. 7

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the Briefs

Contents 3

19

President’s Message To Try, or Not to Try LaShawnda K. Jackson, Esq.

Editor Robyn M. Kramer

Voluntary Bar News SideBar Alena V. Baker, Esq.

4

Clerk’s Corner Clerk of Court Services in Our New Normal The Honorable Tiffany Moore Russell

5

OCBA August Luncheon 2020-2021 Installation of Officers and Awards Luncheon

6

Associate Editors Karen L. Middlekauff & John M. Hunt

20

Hearsay Columnist Linnea M. Eberhart

Estate, Guardianship & Trust Committee Probate Avoidance Primer Joseph M. Percopo, Esq., LL.M.

YLS on the Move Kimberlee A. Martin

23

SideBar Alena V. Baker

Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.

w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary

27

Professionalism Committee The Year Ahead in Professionalism Lisa Ann Thomas, Esq.

Paralegal Post Introduction to the 2020-2021 Paralegal Section Board Tina Farrington, FRP

9

Legal Aid Society Teaching Tips U Visas for Victims of Crime Create Community Heroes Ana Bernal Roberts, Esq.

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Legal Aid Society GAL Teaching Tips Special Services for Special Children Mexcye C. Roberts, Esq.

w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President

28

New Members

30

Classifieds

32 Calendar

12

Construction Law Committee Unbundling Rights: An Overview of TDR B. Nax Joye, Esq. Christopher S. Tribbey, Esq.

14

Guest Column A Message to Young Lawyers: Ten Things About the Practice of Law Somebody Should Have Told Me Thirty Years Ago David W. Henry, Esq.

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Peggy Storch

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2020 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover illustration: Adobe Stock ISSN 1947-3968

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©2020

www.orangecountybar.org

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

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President’sMessage

August 2020

To Try, or Not to Try

W

ell, we are almost a quarter into the bar year, and I’m still here and the OCBA is still standing. Thanks to all of you who renewed your membership and encouraged others to join.

I would also like to say a special thanks to the OCBA staff who has worked tirelessly to make sure that the OCBA continues to function during the pandemic.

LaShawnda K. Jackson, Esq. They took on additional roles and continued to work behind the scenes to provide the services our members, committees, and Executive Council have come to expect. So a big thank you to Mildred Rivera Artau (director of accounting and administration); Candice Maull (director of public programs); Olivia Ramos (mediation program manager); Stephanie Sadi (events and seminars coordinator); Ursla Gallagher (advertising and sponsorship manager); Caroline Cochrane (member service specialist); Manny Restrepo (lawyer referral counselor); and Johnmichael Fernandez (lawyer referral counselor). Your hard work and dedication to the Orange County Bar Association has not gone unnoticed.

One of the hardest jobs of the presidency is coming up with material for the “President’s Message.” (If only the OCBA had a speech/message writer on staff. LOL.) It seems like such an easy task, but it is not. So, thank you to those who have reached out to me with comments on my first two messages and those of you who have given me ideas for future messages. Your thoughts and ideas are truly appreciated.

For this month’s message, I’m going to take the opportunity to talk about the relationship between the OCBA and our judiciary.

At the end of May many of you tuned in to a Judicial Town Hall with Chief Judge Donald Myers, where he announced that the Ninth Circuit was moving to Phase 2 at the Orange and Osceola courthouses. Many of you may have been disappointed to hear in June that we were moving back to Phase 1 due to the increased number of positive COVID-19 tests in Central Florida and other concerns. What you may not realize is all of the hard work and planning that went into those decisions.

There was a coordinated effort by Judge Myers and all of those involved in the operation and functioning of the court system. I so much appreciate Judge Myers for keeping the OCBA and me involved in this process. One of the critical issues discussed during meetings was the communication to the public and attorneys who use the courthouses. Clerk of Courts Tiffany Moore Russell was instrumental in getting messaging out to the OCBA membership about the services and means to access services provided by her office during these unprecedented times.

With the movement from Phase 2 back to Phase 1 of the courthouse reopening came the pause button on the Ninth theBriefs August 2020 Vol. 88 No. 7

Circuit’s Jury Trial Pilot Program because the program depended on bringing jurors into the courthouse for pad troops of the virtual trial. Prior to the suspension of the program, I made a call to Judge Lisa Munyon’s chambers. She called me back within 24 hours to address concerns and questions I had gotten from other lawyers about the program. Judge Munyon was very excited about the prospect of the Ninth Circuit participating in this pilot program. Because of Judge Munyon, I was well-informed about the program when I got a call from the Orlando Sentinel to give comments. As I said then and I will say now, we have to give the program a chance.

I had the opportunity to watch some of the virtual jury selection for Miami-Dade County’s first virtual trial in the pilot program that was streamed on YouTube. Kudos to Judge Beatrice Butchko, who presided over the jury trial, the attorneys who participated, and the clients who let them do it. I also noticed that there were law students watching and commenting about the jury selection, and it dawned on me that this could be a great teaching tool for law students and young lawyers.

What was different. For the most part, the jurors appeared from their homes or offices using their own computer or device. The various panels were smaller than they typically would be for initial questioning. In addition to the juror’s number, the juror’s name appeared below his or her video. Therefore, the attorneys did not have to refer back to a list to address jurors by name. Judge Butchko was able to use a breakout room to speak to the attorneys and/ or potential jurors privately with the click of a button instead of clearing the courtroom or taking a potential juror into chambers.

What was the same. Judge Butchko and the attorneys asked the potential jurors the same type of questions that are asked during a typical jury selection. Surprisingly, not many of the jurors I saw had concerns about going to the courthouse for part of the virtual trial proceedings. Like any panel, there were jurors with stories of hardship. Some mentioned finally being called back to work after being furloughed and now potentially having to miss work for a trial. There was even some humor thrown in when the judge mentioned that she would typically ask jurors about any travel plans and then stated, “We’re pretty much not going anywhere these days” to laughter.

There is an ongoing debate as to whether or not parties should participate in the virtual pilot program. Is it a perfect system?

No. Could this work? Absolutely. There is work to be done to make this process better and evaluate whether it is a viable solution during these unprecedented times. What Judge Munyon and other judges need is people to help shape this program and explore ways to improve the judicial system. I encourage all of you to work with our judiciary to find a way to get our clients’ access to jury trials. Ask questions. Give comments. Participate. We’ve been given an opportunity to write history and perhaps reshape the legal system. Let’s make the most of this opportunity.

LaShawnda K. Jackson, Esq., is a partner at Rumberger, Kirk & Caldwell, P.A., practicing in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

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Clerk’sCorner Clerk of Court Services in Our New Normal

T

his new normal we all have had to adapt to is also shifting the way my office is working to best serve our community and customers during the coronavirus pandemic. While my office has expanded services during this reopening phase, I know it is important to also limit capacity in lobbies as much as possible. That’s why my office has now expanded appointments for the following services and locations: • Marriage License & Ceremonies – Downtown Courthouse, Winter Park, Apopka, Ocoee • Passport Applications – Downtown Courthouse, Winter Park, Apopka, Ocoee • Self-Help Center Virtual Attorney Appointments – Downtown Courthouse My office is going to great lengths to protect our customers and our staff. Appointments are a great way to limit capacity while offering more services.

In order to better protect everyone, the Clerk’s Office is requiring as much processing as possible virtually. When couples apply for a marriage license, applicants must complete the eMarriage application prior to their appointment. The application can be filled out on our website. Customers can walk in to complete a marriage license and passport application.

We are continuing our partnership with the OCBA for the downtown Self-Help Center by using video teleconferencing to provide low-cost attorney consultations. Customers are able to schedule appointments in advance for consultations on all family law, small claims, and residential landlord/tenant cases.

To further enhance social distancing standards, we are also limiting the number of customers in our Self-Help Center. One way we are doing this is by providing appointments, which can be made in advance with deputy clerks who assist self-represented litigants with their filings.

I still recommend customers conduct business with us online where possible. Many of our services are available anytime and anywhere from our website, including the ability for attorneys to file cases electronically via the Florida Courts E-filing Portal. Remember to go to www.myorangelcerk.com for more details about all of our changes and enhanced services.

The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.

From Math to P.E., our sponsors will make sure you graduate with all A’s when visiting them throughout the day. They will be awarding some straight-A students at a special drawing before virtual school is dismissed.

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The Orange County Bar Association has scheduled a make-up installation luncheon on Thursday, August 27, 2020 from 11:30 a.m. to 1:00 p.m. at the Embassy Suites by Hilton Downtown Orlando. Due to COVID-19, the event may be canceled and replaced with an alternate virtual program on that date. Please continue to check the OCBA website for updated information or to RSVP.

Orange County Bar Association Executive Council

Orange County Bar Association Foundation

LaShawnda K. Jackson, President Eric C. Reed, President-Elect Karen L. Persis, Treasurer Amber N. Davis, Secretary Euribiades “Euri” Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Brandon M. Sapp, YLS President Jennifer Smith Thomas Anthony F. Sos, Ex Officio Jessica A. Travis William D. Umansky M. Ryan Williams

Alisia Adamson Profit, President Hon. Andrew L. Cameron, President-Elect Karen L. Persis, Treasurer Hon. Jeanette Dejuras Bigney, Secretary Jessica A. Travis, Immediate Past President Onchantho Am Michael V. Andriano Euribiades “Euri” Cerrud, II Keshara D. Cowans Hon. Eric J. Eisnaugle Hon. Steve Jewett Kafi Kennedy Swanson Scott D. Leitner Fermin Lopez Brett R. Renton Ana “Ani” Rodriguez-Newbern

Paralegal Section of the Orange County Bar Association

Legal Aid Society of the Orange County Bar Association Kristopher J. Kest, President Deborah L. Moskowitz, President-Elect Jay W. Small, Treasurer Camila Pachon Silva, Secretary Kimberly E. Hosley, Immediate Past President Michael V. Andriano Euribiades “Euri” Cerrud, II Thomas B. Feiter Annie P. Kwong Chris Pantano Eric C. Reed Rafael O. Rodriguez Kirtus Bocox Kathleen Downs Suzanne E. Gilbert Katherine E. McGinnis Belvin Perry, Jr. Terry M. Sanks Ana “Ani” Rodriguez-Newbern Karl Watson

Title Sponsor:

Tina M. Farrington, President / Communications April Phillips, President-Elect / Publications Brittney A. Bogan, Secretary/Treasurer Cori L. Maldonado, Immediate Past President Shannon E. Hager Paul Pelton Karyna Lavrova Shannon M. Rush

Young Lawyers Section of the Orange County Bar Association Brandon M. Sapp, President Michael D. Barber, President-Elect Stephanie N. Alcalde, Treasurer Brian C. Lawrence, Secretary Kimberlee A. Martin, Communications Coordinator C. Andrew Roy, Immediate Past President Joey M. Chindamo Arti Ajit Hirani Annie P. Kwong Lauren M. Reynolds Celia Thacker Dorn Connor S. Kelly Heather M. Meglino Jacob J. Schumer Kristen Trucco

Supporting Sponsors: Florida Lawyers Mutual Insurance Company (FLMIC) LexisNexis Orange Legal a Veritext Company Seacoast Bank Special Counsel Universal Property & Casualty Insurance

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ProfessionalismCommittee The Year Ahead in Professionalism

G

reetings, fellow members, and welcome to a new year.

I am honored to serve as the chair of the Orange County Bar Association’s Professionalism Committee for the 2020-2021 term, along with my vice chair, Lauren Heatwole.

By way of background, I graduated with my undergraduate degree from the University of Florida in 2006. Ten years later, Lisa Ann Thomas, Esq. I graduated from Florida A&M University College of Law and began practicing in complex litigation. Today, I focus my practice on workers’ compensation defense at Cole, Scott and Kissane, P.A. Lauren graduated with her undergraduate degree from the University of Florida in 2000. In 2003, she graduated from the University of Florida Levin College of Law, and she was admitted to practice. She focuses her practice on family law and commercial litigation as the sole proprietor of Heatwole Law Firm, P.A. The Professionalism Committee has developed three goals for this year. First, the committee initiated a “Pass the Hat” campaign to collect funds to support the Legal Aid Society of the Orange County Bar Association, Inc. Each year, the Professionalism Committee sponsors a table at the Breakfast of Champions event.

We want to make this the most successful committee contribution year yet. Various members of our committee have already pledged to match funds raised by the entire committee to various dollar amounts. Currently, there are approximately 125 members on the Professionalism Committee. If each of these members contributed a suggested donation of $25.00, we could raise $3,125.00 before the matching commitments are factored. We will be collecting donations at each of our meetings leading up to the Breakfast of Champions. If you are a member of the committee, please be on the lookout for an email with additional information on where to send in your donations if you would like to participate and are not able to physically attend a meeting.

As many practice social distancing, our second goal is to facilitate connectivity. One way we will accomplish this is through offering continuing legal education courses that celebrate the diversity in our community. As part of this goal, we will strive to develop topics that will encourage professionalism with all members of our community. Social distancing has also created the need to offer courses and host our monthly meetings over various platforms, including by webinars and Zoom. We are also sensitive to the fact that a monthly lunch meeting may not be feasible for all members.

In an effort to increase participation, we will now host every other meeting as a morning meeting.

This year has brought unprecedented challenges for the legal profession. We must adapt to serve our clients and preserve our profession and our families. Our homes have become offices, courtrooms, schools, and playgrounds. Although many of us have adapted to working in unconventional environments and less formal settings, professionalism remains critical to our daily interactions with clients, the court, other litigants, and the community as a whole.

The Preamble to the Rules of Professional Conduct directs: Difficult ethical problems may arise from a conflict between a lawyer’s responsibility to a client and the lawyer’s own sense of personal honor, including obligations to society and the legal profession. The Rules of Professional Conduct often prescribe terms for resolving these conflicts. Within the framework of these rules, however, many difficult issues of professional discretion can arise. These issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the rules. These principles include the lawyer’s obligation to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous, and civil attitude toward all persons involved in the legal system.

The Rules create a framework for maintaining professionalism in our profession. Even though proceedings, such as depositions and hearings, may be primarily conducted by telephone and other electronic platforms during this time, our duty to comply with the Rules remains. Our communications with other parties must continue to be courteous. We must demonstrate a level of understanding regarding parties’ limitations while working to move our cases forward in a timely matter. We must also be conscious of how our messages will be received as we prescribe to electronic means to communicate.

A mentor can be a great resource to develop your individual professionalism and keep you in check. This brings me to our third committee goal: Develop a community of mentors and mentees. Each year the Professionalism Committee pairs young lawyers with more experienced lawyers to mentor them on various practice areas, career goals, and networking skills. The pairs are encouraged to meet at least once a month. Having been through the program, I can tell you I benefited from the wisdom and guidance of my mentor, Peggy Smith Bush.

The Professionalism Committee looks forward to your participation with the Legal Aid Society fundraiser, our upcoming CLEs, and our mentor program.

Lisa Ann Thomas, Esq., is an associate at Cole, Scott & Kissane, P.A.’s Orlando office, and she focuses her practice on workers’ compensation defense. She has been a member of the OCBA since 2013.

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WHERE RESOLUTION HAPPENS

We don’t need to cancel, reschedule or defer bringing a dispute to mediation. When we can’t meet face to face, videoconferencing brings us together to create a timely resolution.

The time is right for Online Dispute Resolution with Zoom Upchurch Watson White & Max Mediation Group leads once again in making the dispute resolution process as seamless online as it is in our offices. Our 44 mediators, based in nine offices in Florida and

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Legal Aid SocietyTeaching Tips U Visas for Victims of Crime Create Community Heroes

M

illy has lived in the United States since she was six years old. She loved every bit of life, sharing her optimism, inquisitive nature, and hearty appetite for adventure with everyone. By the age of 14, she found herself keeping a secret that she could no longer hold in. A 32-year-old family friend would regularly sexually abuse her. She was living a nightmare, and she was too afraid to tell anyone because her perpeAna Bernal Roberts, Esq. trator threatened that many bad things – unspeakable things – would happen if others found out.

Milly painfully recalled vivid feelings of extreme anxiety when she anticipated an encounter with her perpetrator. Even as an adult, she expressed the muscle memory of feeling dirty and worthless and the need to take long showers after each instance of victimization to scour away the pain.

Milly’s parents had separated, and she was living with her mother at the time. She wanted to tell her mother what was happening, but like so many other victims, she was scared that her mother would not believe her or, even worse, blame her. No longer the happy-go-lucky young girl she raised, her mother sensed that something was wrong and began asking Milly questions. One day, Milly finally found the courage to open up to her mother and disclosed the abuse. To Milly’s relief, her mother immediately believed her. In fact, she felt a strong sense of guilt for not having been able to protect her daughter.

Her mother immediately called the police to report the crime. She wanted Milly’s perpetrator to pay for having abused her daughter in such a horrible way. He was eventually arrested, and both Milly and her mother cooperated with the State Attorney’s Office’s investigation and prosecution of the perpetrator. As a result, Milly’s abuser was found guilty and sentenced to prison for several years.

Milly now sees a path back to the bright life she previously loved.

The U Visa is set aside for the “Millys” of the world: victims of certain crimes who have suffered substantial physical or mental abuse and who are helpful to law enforcement in the investigation or prosecution of the crime. It encourages all victims, regardless of their immigration status, to report crimes.

Qualifying victimization includes the following crimes: • abduction • fraud in foreign labor • abusive sexual contact contracting • incest • being held hostage • involuntary servitude • blackmail • kidnapping or unlawful • domestic violence

criminal restraint • extortion • manslaughter • false imprisonment • murder • felonious assault • female genital mutilation • obstruction of justice theBriefs August 2020 Vol. 88 No. 7

• peonage

• perjury • prostitution • rape • sexual assault/sexual exploitation • slave trade

• solicitation to commit any of the named crimes • stalking • torture • trafficking • witness tampering

Victims of these crimes need to know they will be offered the help they deserve so they may move on with their lives and bring perpetrators to justice. U nonimmigrant status allows victims to obtain a work permit and, after three years, become eligible to adjust their status to that of legal permanent residents.

Milly and her mother came to the Legal Aid Society seeking legal assistance. Legal Aid evaluated the case, determined that Milly qualified for U nonimmigrant status, and obtained a certification from law enforcement, which is required to proceed with this type of immigration case. Without it, a U Visa case cannot move forward. Legal Aid filed an application for U nonimmigrant status with the U.S. Citizenship and Immigration Services. An application for Milly’s mother, as a derivative beneficiary, was also filed.

The U Visa process takes many years, as only 10,000 cases can be approved in the entire country every year. Milly and her mother were finally granted U nonimmigrant status, and they were able to obtain work permits as a result. This is what they desperately needed. Milly’s mother was able to find legal employment, while Milly was able to get a part-time job and continue to attend school. They finally had the opportunity to become financially self-sustaining. Both Milly and her mother attended counseling and therapy sessions to help them process the emotional damage caused by the heinous crime.

Milly’s Mom stated, “I will be forever grateful for the help that Legal Aid has given us, and I know that all the good you do will be returned to you!”

The Legal Aid Society will eventually assist Milly and her mother with their applications for legal permanent residence. In the meantime, Milly will continue with her schooling and plans to attend college to become a contributing member of society. By removing a violent sexual predator from our community, Milly has already contributed to our community’s safety in an incredibly significant manner.

Each of us can and must work together to identify, report, and prevent these types of crimes. One way to assist is by handling a pro bono immigration case. If you are unfamiliar with immigration law, we will train you. If you are interested, please contact Janis Mason at jmason@legalaidocba.org.

For more information about this topic, please contact me at aroberts@legalaidocba.org. If you would like to donate to the Legal Aid Society, please contact our development director, Donna Haynes, at dhaynes@legalaidocba.org.

Ana Bernal Roberts, Esq., is an immigration attorney with the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2001.

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Legal Aid SocietyGAL Teaching Tips Special Services for Special Children

O

ne of the most rewarding experiences in my life has been assisting with the care of my brother, a person with both intellectual and physical disabilities. Growing up, I watched as my parents loved, protected, and advocated for him. Now that they are in heaven, I have the privilege of assisting with his care and serving as his guardian advocate. Life has come full circle because in my role as the Legal Aid Society deMexcye C. Roberts, Esq. velopmental disabilities attorney, my personal knowledge provides insight and understanding into the needs of the children I represent in the guardian ad litem department. I am humbled every day, though, by how much more there is to learn.

More Than Just Cases As GALs, we know that there is no shortage of cases with children who need our help. Day-to-day management of high-volume caseloads can be challenging. Our goal in serving as GALs is to ensure that personalized supports and services are provided to the children we represent. Our advocacy is designed to identify the issues that led to the dependency, provide services and assistance to fix the problems, strengthen the family to move forward, and close out the case, thus enabling the child and family to live as an intact family. Fortunately, most cases proceed along this path, and our efforts put families on the path to success.

Periodically a child enters the dependency system with a complex medical history or developmental disability requiring more than the traditional approach to advocacy. Due to the complex nature of their conditions, being sensitive to the child’s special needs is a must. Services and supports must be specifically tailored to the child as they are vital to the child’s well-being and survival.

Knowledge is Power! Services Are Essential and Available! Education is the Key to Success!

In representing children with complex medical conditions, it is important to know that, unfortunately, these sweet, special children too often become victims of medical neglect. Children with pervasive medical disabilities are over-represented in the dependency system for many reasons, including a caregiver’s inability to meet their complex medical needs. Parents routinely substitute their judgment for sound medical advice. For example, I have represented children with G-tubes whose parents have used improper feeding procedures that result in serious injury to the children.

The parents’ actions ultimately led to the child’s removal from the parental home. Once removed from their parents, these children are typically placed in medical foster homes while the dependency case proceeds through the court system. Medical foster homes are just one of the many services available to assist children with special needs, and GALs are the key to taking full advantage of them.

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Medical Foster Care The Medical Foster Care (“MFC”) Program offers home-based care that allows a foster child with a chronic medical condition to receive care within a family setting. The program offers comprehensive services to the children, their birth families, and medical foster parents. The majority of these children require specialized medical support and generally receive around-the-clock care. The MFC Program offers medical support both during the initial placement and throughout the child’s stay with their foster parents. This support includes: • A team of healthcare providers, including a pediatrician, nurse, and social worker to coordinate care for the children with medical specialists, hospitals, equipment providers, therapists, health facilities, schools, foster care staff, and families.

• 24-hour on-call medical support line.

• Home and community visits for assessment and support.

• Referrals for needed resources.

In addition to medical foster homes, the following programs and services are available to the GAL child with special needs we hope you will soon represent.

Children’s Medical Services The Division of Children’s Medical Services is a collection of programs that serves children with special health care needs. Each program provides family-centered care using statewide networks of specially qualified doctors, nurses, and other healthcare professionals. For more information, see Children’s Medical Services on the Florida Department of Health website.

Prescribed Pediatric Extended Care Once a child’s condition is stabilized and it is appropriate to do so, medical caregivers may send the child to school. There are specially designed schools for children with special needs. One such school is Prescribed Pediatric Extended Care (“PPEC”).

Children First PPECs are medical day care centers dedicated to the excellent care of medically fragile infants and children. These centers are specifically designed to optimize the development of each child’s independence while helping them reach their full potential. Daily care at PPEC centers involves clinical interventions, therapy services, and educational activities. For more information, see the ChildrenFirst Health Care System website.

I have visited clients at PPEC centers and the work they do is amazing! These centers provide children with various therapies, including occupational, speech, and physical while incorporating education tailored to the child’s unique needs and abilities.

Not all children with complex medical conditions, however, can leave the home to attend school. In those circumstances, school can come to the child! The Hospital Homebound Program provides in-home educational services based on the child’s needs.

Hospital Homebound A homebound or hospitalized student is a student who has a medically diagnosed physical or psychiatric condition that is acute or

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Construction LawCommittee Unbundling Rights: An Overview of TDR

T B. Nax Joye, Esq.

ransfer of Development Rights (“TDR”) programs are beneficial programs that are not typically well known or understood but may impact property owners and development plans in many ways. Thus, attorneys and paralegals of all disciplines should be aware of how TDR programs work and stand to benefit or otherwise impact property-owner clients.

TDR programs are government programs that facilitate the free exchange of development rights in discrete areas without the exchange of real property. Typically, TDR programs are instituted to protect natural resource areas, coastal lands, and historic landmarks, but they are also used to influence development and curb government liability for takings claims arising from downzoning or other restrictive efforts.1

TDR programs, in their most basic form, involve the designation of “Sending” and “Receiving” Zones within a given area. While Sending Zones tend to be proChristopher S. Tribbey, Jr., Esq. tected areas where development is more restricted by local government, development tends to be encouraged in Receiving Zones. Under a TDR program, the owner of a Sending Zone parcel may elect to grant an easement—generally a conservation easement—to the government in exchange for Transfer Development Credits (“TDR Credits”). Such easements typically result in a permanent adjustment to height limits or density thresholds. TDR Credits may then be purchased by property owners in Receiving Zones who can use the TDR Credits to augment the development potential of their own land.

The manner in which a Receiving Zone parcel is impacted by a TDR transaction, such as the one described above, varies among TDR programs but commonly includes: reduction of height limits or setback requirements, frontage or environmental waivers, increased or decreased density thresholds, exceptions to residential or commercial zoning, or elimination of impact fees.2 While some TDR programs use a straightforward method of allowing TDR Credits to be applied to Receiving Zone parcels as a matter of right, other TDR programs require committee hearings, evaluations, and other processes prior to the augmentation of development rights.

A hypothetical TDR transaction in which TDR Credits are exchanged for a reduction in the Sending Zone parcel’s density cap, resulting in PAGE 12

the eventual increase in the density cap of a Receiving Zone parcel, is shown here: SENDING AND RECEIVING AREAS In this example, IN A HYPOTHETICAL TDR PROGRAM the base density AREA S BASE DENSITY: cap in the Sending 10 houses allowed on 100 acres Zone is ten homes AREA R BASE DENSITY: Up to 3 houses allowed on 3 acres per 100 acres. This is contrasted by the density cap in the Receiving Zone of three homes per three acres. The IF TDR CREDITS USED IN AREA R: Up to 12 houses allowed on 3 acres owner of a 100CREDITS SOLD FROM AREA S: acre Sending Zone IF TDR 1 house allowed on 100 acres parcel who has a single home on his or her land may liquidate his or her “unused” development rights by exchanging them for TDR Credits, thereby decreasing the parcel’s density cap to one home per 100 acres. The owner of a three-acre Receiving Zone parcel may then increase his or her development rights by purchasing those same TDR Credits and applying them to the Receiving Zone parcel.

Notably, the TDR Credits exchanged here increase the density cap of the Receiving Zone parcel at a one-to-one ratio. In other TDR programs, density caps may be reduced to provide for larger properties on which to build a single structure or altered further by way of right-to-credit transfer ratios. Thus, TDR programs are a useful tool for developers and municipalities who seek to alter development prospects in a particular area and also prove useful for property owners who can liquidate rights they do not intend to use.

TDR Programs in Florida Florida’s Land Development Regulations statute not only permits, but encourages, municipalities to develop TDR programs.3 Florida courts consistently uphold TDR programs as a legitimate exercise of governmental authority.4 Orange County, Florida, implemented a TDR program relating to the 23,000-acre Horizon West planning area, located in southwest Orange County, north of the International Drive corridor.

Generally, Horizon West is planned to be comprised of many communities, each surrounded by a preserved greenbelt. Thus, the greenbelt parcels are subject to conservation easements when sold and are packaged with development rights, not for purposes of physical development, but for purposes of participation in the TDR program. In addition, the TDR program is used to preserve lands that are valuable to Florida’s aquifer system. Ultimately, the Horizon West TDR program permits developers to use TDR Credits to augment their development rights and build above or below density designations within Receiving Zones. 5 The value of a TDR program and related credits tend to fluctuate with real estate trends. For example, market preferences relating to lot sizes and the related supply and demand of the same change over time may curb a developer’s need to utilize the program as initially contemplated, depending on whether TDR Credits are intended to maximize or reduce density thresholds.

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theBriefs August 2020 Vol. 88 No. 7

How TDR Programs Stand to Impact Property Owners For owners of Sending Zone parcels, a TDR transfer may permit the exchange of development potential for cash—thereby allowing the owner to maximize the benefits of his or her interest without forfeiting ownership or possession. This cash may also be used to renovate properties or further develop nearby areas, rejuvenating local economies as buildings become more attractive to individuals and families. In some instances, a TDR transfer and its resulting easement could have the complimentary effect of reducing the tax burden of a property post-transfer—for instance, where the restriction imposed by a TDR transfer limits the highest and best use of the land, this may have the effect of reducing the value of the land (and, in some jurisdictions, its tax-assessed value).6 For owners of Receiving Zone parcels, TDR Credits represent a cost-effective way to augment the development potential of land. This strategy serves to aid owners’ present development efforts and secure increased potential (and the corresponding increase in value) for future development.

For municipalities and other government entities, TDR programs can be a useful tool in reshaping the local landscape.

For instance, TDR programs may be used to conserve land7 without resorting to eminent domain or downzoning—strategies which are often prohibitively expensive, politically unpopular, and vulnerable to legal challenge. Alternatively, TDR programs present revenue raising opportunities where a government entity owns properties which are not intended to be fully developed.8

Bascom Nax Joye, Esq. of Moye, O’Brien, Pickert, Dillon & Masterson, LLP, is an associate attorney who practices construction law and commercial litigation. He has been a member of the OCBA since 2018.

Christopher S. Tribbey, Jr., Esq., is an associate with Moye, O'Brien, Pickert, Dillon & Masterson, LLP, and enjoys a construction-focused practice.

He is a board member with local non-profit New Hope for Kids and advocates for dependent youth as a guardian ad litem through the OCBA's Legal Aid program. He has been a member of the OCBA Since 2017.

A municipality may insulate its downzoning actions from a takings challenge through the award of TDR Credits, which may support a finding that the property owners were justly compensated. See Penn Cent. Transp.

Co. v. City of New York, 438 U.S. 104, 151 (1978) (discussing taking principles that apply when the government imposes use restrictions on real property).

1

See Robert A. Johnston & Mary E. Madison, From Landmarks to Landscapes: A Review of Current Practices in the Transfer of Development Rights, 63 J. Am. Planning Ass’n 365, 365-78 (1997).

2

§ 163.3202(3), Fla. Stat. (2019) (“This section shall be construed to encourage the use of innovative land development regulations which include provisions such as transfer of development rights[.]”).

3

See City of Hollywood v. Hollywood, Inc., 432 So. 2d 1332 (Fla. 4th DCA 1983) (upholding a TDR program meant to preserve beachfront property as a valid, non-arbitrary use of the city’s police powers in furtherance of a legitimate public purpose); see also Glisson v.

Alachua Cty., 558 So. 2d 1030, 1037 (Fla. 1st DCA 1990) (affirming dismissal of the plaintiffs’ eminent domain claims, in part, “because the [new land use] regulations permit most existing uses of the property, and provide a mechanism whereby individual landowners may obtain a variance or a transfer of development rights, the regulations on their face do not deny individual landowners all economically viable uses of their property” (emphasis added)).

4

Orange Cty., Fla., Municipal Code § 30-725, et seq.

For a more detailed review of the Horizon West planning area, see the case study, Horizon West: Managing Rural-to-Urban Transition in Orange County, Florida, by American Institute Certified Planners Alissa Barber Torres and Chris Testerman (2008).

5

6 See Margaret Walls & Virginia McConnel, Transfer of Development Rights in U.S. Communities: Evaluating Program Design, Implementation, and Outcomes, Resources for the Future, 53-54 (Sept. 2007); John J. Costonis, Development Rights Transfer: An Exploratory Essay, 83 Yale L. J. 75, 86 (1973).

In addition to conservancy efforts, TDR programs are commonly used to reduce urban sprawl; incentivize development of low-income housing; preserve historic sites; or raise funds for the municipality.

7

Costonis, 83 Yale L. J. at 97-99.

8

Maria E. Espinosa, Esq. Schedule at:

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PAGE 13

GuestColumn

S

A Message to Young Lawyers: Ten Things About the Practice of Law Somebody Should Have Told Me Thirty Years Ago

ome time ago, I was asked to speak to the Young Lawyers Section of the Orange County Bar Association. I called the talk, “Ten Things I Wish Someone Would Have Told Me Thirty Years Ago.” This article flows from that presentation.

Balancing work, family, personal interests, fitness, and other commitments is hard, and most commentators now suggest “balance” David W. Henry, Esq. is probably the wrong word. My own experience for thirty years in practice was only as a litigator and now civil mediator, so my perspective is necessarily through that lens. I think litigators have a tougher time than most because they are at the mercy of court-imposed deadlines and must react to often frustrating or problematic conduct by others, resulting in constantly changing work-related priorities. My thoughts are intended to be of some modest help to newer attorneys in any practice area—although some of this material could apply to lawyers at any stage of their career.

1. Play when you play and work when you work. Being absolutely focused in every moment is one of the biggest challenges. Be present for spouses and children. Litigation and the law—in an age of cell phones and tablets—is far too attention-grabbing and fixating. Manage your client’s expectations. Immediate responses are not required except for medical emergencies and fires. Stop checking email constantly. Limiting your after-hours phone calls to true emergencies is not a sign of mental illness nor is it rude.

We practiced law and made a living without smart phones and instantaneous responses for decades. The clients were fine. We made money. Constant electronic stimuli lead to shallow thinking and stress; you must get off the hamster wheel.

2. The “staff” matters. Serial abusers of staff pay the price. Make your staff part of the sales equation. Hire quality people, pay a decent wage, and pay attention to their needs.

3. Continue to look for work that pays better and that you enjoy.

It sounds simple, but you never know what you might like until you try it. Only after you look around should you then focus on becoming intellectually expert in something that people will pay for. Having expertise is attractive to clients, and leveraging expertise is enjoyable and usually profitable. Chasing low-dollar high-volume work is very hard and so is trying to know it all.

4. Stay fit and healthy. It is a marathon not a sprint. Clients normally do not want to hire hire out-of-shape lumps of clay who smoke cigarettes, and your family deserves better, too. You had to work hard to become a lawyer, and your station warrants better care of yourself.

5. For goodness sake, read something other than advance sheets and bar news, and listen to something other than podcasts about serial killers. There is a ton of good content available through PAGE 14

podcasts, and used bookstores are an amazing repository of great books you cannot find on Kindle. My podcast subscriptions include Hidden Brain, This American Life, Freakonomics Radio, Against the Rules, and anything by Malcolm Gladwell.

6. If you are representing new clients, and particularly those of modest means, get a retainer and do not finance the client’s legal needs or litigation. It is better to decline work than accept a sketchy client; that leads to an uncollectible bill. You must know when to say “no.” There are also clients who present with a strange problem outside your skill set for which you should occasionally decline representation. Giving a referral of work that lies outside your skill set might lead to a reciprocal referral of a matter that is within your wheelhouse.

7. If you have corporate or institutional clients, go and meet the people you represent (when COVID wanes). Email introductions are a poor substitute for face time. Everybody likes professionals who make “house calls” no matter what kind. It is hard to get new business or referrals if you have never met in person. You are more likely to get paid if the client sees you as a person and not just as an email address.

8. Watch out for those who think success at a firm is a zero-sum game and that there is only so much success that can be shared.

The rising tide lifts all boats. Beware of those who think they cannot share the limelight lest their own luster be diminished. Most every firm has one of those people.

9. Get out of dysfunctional law firms and companies quickly. Almost no one who ever left said they made a mistake leaving early.

Talk to other professionals if you have concerns so you can get some perspective on your situation. Loyalty is important but so is leaving organizations that lack vision and are poorly managed.

On the flip side, be careful about moving to a new position just to chase a few more dollars.

10. Keep your monthly living expenses or footprint to a minimum and, in return for a frugal lifestyle, treat yourself, spouse, or family to occasional special events or trips. You or a spouse will likely want to change jobs at some point, and one of you may need to take a pay cut in the short term. A small footprint gives you flexibility and freedom. Avoid high-end automobiles and car payments like the plague. A car is transportation not a reflection of self-worth. If you someday plan a trip on a cruise ship, always book a room with an outside balcony. If you cannot afford a balcony, do not go. Interior staterooms on a boat reflect no light—only bad judgment.

In addition to these specific thoughts, I have always believed that law is a collegial endeavor and I never wanted to practice law alone. If you do not have one or more colleagues, find someone who does what you do or at least understands it. Utilize available mentorships and get as many informal advisors as you can. It helps to have another set of eyes on your path, plans, and problems, or you can do what I did and marry a smart, kind, and insightful person who happens to be a lawyer.

David W. Henry, Esq., Henry Mediation P.A., has been a member of the OCBA since 1995.

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PAGE 17

PhotoOps CFAWL

Kimberly Hosley, FAWL President (center)

YLS & CFAWL

Jamie Billotte Moses, Kimberly Hosley

Jennifer Smith Thomas

George C. Young American Inn of Court

N. Diane Holmes, recipient of the George C. Young American Inn of Court’s Hon. James G. Glazebrook Professionalism Award, with Hon. Bob LeBlanc and Hon. Margaret Schreiber

PAGE 18

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Voluntary BarNews SideBar

V

oluntary bars are at their best when they face the challenges of the day and continue to perform services and provide activities that are a credit to their association and their members.

Here’s what a few of our kindred bars have been up to recently!

GOAABA

On June 23, 2020, the Greater Orlando Asian American Bar Association hosted its Past PresAlena V. Baker, Esq. ident’s Dinner via Zoom. It was a very different but still heart-warming event to extend well-wishes to incoming president, Onchantho Am. GOAABA members are looking forward to learning more about the creative and ambitious ideas Onchantho has in store for them this year. Please stay tuned for all of the fun and informative events to come!

CFAWL

To kick off the 2020-2021 membership year, the Central Florida Association for Women Lawyers hosted its first-ever virtual Pass-the-Gavel Luncheon, celebrating the conclusion of an amazing year with outgoing president, Jamie Billotte Moses, and welcoming incoming president, Mary Walter, and the new CFAWL board.

In addition to that excitement, three CFAWL members were sworn in to leadership positions with the Florida Association for Women Lawyers (“FAWL”), including Kimberly Hosley as the new FAWL president. Other CFAWL members sworn in as officers include Jessica Thomas (FAWL Journal editor) and Mariane Dorris (public relations director). A hearty congratulations to all!

In June, CFAWL spearheaded a project chaired by Jessica De La Cruz called Harbor House Paws for Peace. Thanks to a generous

grant from the Florida Bar YLD, CFAWL members were able to donate supplies, dog houses, and pet food to the Paws for Peace kennel to ensure that they can continue helping victims with pets.

CFAWL always has been and always will be a partner in the intersectional struggle towards achieving justice for all. To honor its commitment to diversity, CFAWL donated $2,500 in July to the Equal Justice Initiative, an organization that supports racial justice. It also allocated funds specifically dedicated to diversifying membership and programming for this upcoming year.

Throughout the pandemic, CFAWL has continued to host virtual events or Remote Rendezvous. Recent events included practical discussions on childcare during the summer, cooking classes, arts and crafts, and instructional demonstrations, such as the buildyour-own charcuterie board with the OCBA YLS. Be on the lookout for future virtual events and plans throughout the coming year related to incoming president Mary Walter’s theme: Owning Your Story! CFAWL invites you to join them as they continue to support women in the legal community. Registration is open now via the FAWL website. #CFAWLRocks #CFAWLOwnYourStory.

George C. Young American Inn of Court In recognition of her professionalism and service, the George C. Young American Inn of Court recently awarded N. Diane Holmes the Judge James G. Glazebrook Professionalism and Service Award. She is widely noted for her mentorship of young lawyers and her passion for practicing law with honor and integrity. Diane is board certified in marital and family law and is a Fellow of the American Academy of Matrimonial Lawyers. She has been an active and enthusiastic member of the Inn since 1999.

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.

CFAWL

GOAABA Top row: Lisa Gong Guerrero, Gabriel Guerrero, Leia Leitner, Wanda Raes Middle row: Kim Gray, Annie Kwong Onchantho Am Bottom row: Vanessa Brags, Christina Berk

Arts & Crafts Remote Rendezvous theBriefs August 2020 Vol. 88 No. 7

www.orangecountybar.org

PAGE 19

Estate, Guardianship & TrustCommittee Probate Avoidance Primer

P

robate is the process to transfer legal ownership of an individual’s assets upon his or her death to the decedent’s beneficiaries. There are a few different forms of probate in Florida, but the two most common are (1) Summary Administrations and (2) Formal Administrations. A Summary Administration may be used when the non-exempt1 assets of the estate are under $75,000.00 or when the deceJoseph M. Percopo, Esq., LL.M. dent has been deceased for two or more years.2 A Formal Administration is typically used when: 1. the decedent’s non-exempt assets exceed $75,000.00 and the decedent has been deceased for less than two years; 2. there are creditors of the estate; 3. beneficiaries or fiduciaries want to ensure creditor claims are barred before making distributions; or 4. appointment of a personal representative is necessary.3 However, there are pre-planning techniques available that enable most individuals to bypass probate. The traditional methods used to avoid probate in Florida usually involve a combination of beneficiary designations, joint ownership, lady bird deeds, and trusts.4 Beneficiary Designations Perhaps one of the most costly mistakes made by individuals is their failure to add or review beneficiary designations on retirement and other forms of savings accounts. Using a valid beneficiary designation5 allows an asset to bypass probate. It is a best practice for estate planners and their clients to review all of the assets and beneficiary designations thereon. However, for those opting not to review, if a designation is not made, is not setup properly, or if the wrong person is named as a beneficiary, there may be an unintended deviation from the estate plan the client had envisioned. The typical assets that beneficiary designation planning applies to include annuities, life insurance, IRAs, 401(k)s, and 529 plans.6 Additionally, many financial institutions (banks, credit unions, investment custodians, etc.) allow beneficiaries to be designated on accounts.7 Any asset with a valid beneficiary designation will pass outside of probate and directly to the intended beneficiaries.8 A client may name any individual or entity, living trust, or testamentary trust as the designated beneficiary.9 If the client chooses to use a trust, he or she may also name the trust a beneficiary of assets on a contingent or even primary level.10

bate because the interest owned by a deceased individual does not transfer at death, instead it becomes part of his or her estate. By contrast, JTWROS and TBE accounts are forms of joint ownership where the interest in the asset passes to the other co-owner(s) automatically by operation of law upon the death of a co-owner, thereby avoiding inclusion in the probate estate of the deceased and bypassing probate.13 Despite the complex rules surrounding devises and decent of Florida homestead property, if owned as JTWROS or TBE it passes to the co-owner(s) without running afoul (triggering) the Florida Constitution’s restrictions.14 Another form of joint ownership is a “life estate interest.” When a life estate is created there are two elements: (1) the life tenant(s) and (2) the remaindermen.15 Upon the death of all the life tenants, the property ownership passes by operation of law to the remaindermen. During the existence of the life estate, each of the life tenants and remaindermen are subject to certain rights and responsibilities: a. Only the life tenant has the right of exclusive possession16 of the property and is able to maintain the homestead creditor protection and tax exemptions. 17 The remaindermen do not have any possessory rights until the death of the life tenant.18 b. The life tenant is responsible for ordinary expenses, which include mortgage interest, general repairs and upkeep, as well as HOA fees, and insurance.19 c. The life tenant is permitted to rent the home and keep the rental income. d. The life tenant is liable for common law waste to the property.20 e. Most notably, the ability to sell or encumber the property requires the consent of the life tenant and remaindermen.21 f. The remaindermen are responsible for principal payments on a secured debt, expenses concerning the title to the property, environmental matters (such as hurricane damage), and extraordinary repairs.22 Lady Bird Deed The Lady Bird Deed (“LBD”) is technically an “Enhanced Life Estate Deed” because it is a life estate deed that also includes a special reservation of powers. The LBD permits the life tenant(s) (the “Grantor”) to retain control over the property while living, but upon death of all life tenants the property will pass automatically to the remaindermen without any probate.23 The reservation of powers is intended to allow the Grantor to maintain absolute control, specifically including the ability to re-convey the real property without the joinder of any remaindermen and even change the identities of the remaindermen.24

Joint Ownership There are several forms of joint ownership available for assets, Other benefits of the LBD, in addition to the Grantor maintainwhich include tenants in common (“TIC”), joint Nancy tenantsWeber with • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr ing control, include: 11 rights of survivorship (“JTWROS”), tenants by the entirety Juna Pulayya • Lorna Truett • Andrew Windle (“TBE”),12 and life estate/remainder interests. TIC is a form of a. Maintaining homestead creditor protection and tax ex• Susan Staggs • Mark joint ownership where two or more people or entities own a Hon. cer- Tesha Ballou emptions for the Grantor.25 O’Mara tain percentage of an asset. However, TIC does not avoid prob. Costs and expenses related to the property are the respontheBriefs August 2020 Vol. 88 No. 7 PAGE 20 www.orangecountybar.org

sibility of the Grantor26 and not the remaindermen. 27 c. Retaining a full step-up in basis upon the Grantor’s death for the real property.28 d. No federal transfer tax liability arises at the time of the transfer.29 e. There is no Medicaid penalty because the Department of Children and Families does not consider a LBD a transfer of an asset.30 f. No documentary stamp tax is due upon recording the LBD.31 However, it is also important to consider the LBD disadvantages: a. They are likely subject to Florida’s Constitutional restriction on devise and descent if it is homestead real property.32 b. If drafted improperly, Grantor may not have actually maintained complete control of the property and may not be able to transfer it without the consent of the remaindermen. c. Even when drafted properly, some title companies will require the remaindermen to sign any re-conveyance by the Grantor before issuing any title insurance.33 d. Lenders may be nervous to lend or refinance real property where a LBD has been recorded.34 Trusts A trust is a legal document established by a settlor with a designated trustee. The trustee holds legal title to administer and manage the settlor’s assets via his or her designated trustee duties. The trustee is subject to the written terms of the trust and any deviation, improper distribution, or failure to properly administer the trust could result in personal liability to the trustee.35 There are many different forms of trusts, but the most common for avoiding probate is a revocable intervivos trust. This trust allows the settlor to benefit during his or her lifetime with the freedom to amend the terms of the trust at any point and for any reason.

Upon the settlor’s death, the assets held in trust avoid probate and are subject to distribution by the trustee in compliance with the terms of the trust. Therefore, it is paramount that clients using trusts take the time to re-title assets and/or name the trust as a beneficiary of their accounts.

Conclusion A probate is not necessarily a bad thing and, sometimes regardless of the pre-planning done, a probate may be necessary or theBriefs August 2020 Vol. 88 No. 7

best for the estate or beneficiaries. However, with proper pre-planning, most individuals can avoid probate altogether by using a combination of the techniques discussed above.

Joseph M. Percopo, Esq., LL.M., Mateer & Harbert, P.A., practices estate and trust planning, estate and trust administration, asset protection, business, and tax law. He is a graduate of the Florida State University College of Law with highest honors and earned his Master of Laws (LL.M.) in taxation from the University of Florida Levin College of Law Graduate Tax Program. He has been a member of the OCBA since 2012.

1 Exempt assets do not count against the Summary Administration asset cap, so technically it is still possible to have a summary administration even when the actual value of all the estate assets exceed $75,000.00. See Fla. Const. art. X §§(a)-(b) (homestead exemption), Fla. Stat. §732.402 (exempt property) and. Fla. Stat. §732.403.

2 Fla. Stat. §735.201; see also Fla. Stat. §733.710 (The statue of repose bars creditor claims after two years from the decedent’s death, except for claims properly and timely filed within two years of decedent’s death).

3 For example, to file a wrongful death suit there must be a personal representative of the estate. Another example may be trying to access digital assets/accounts or trying to get information from custodians and financial institutions concerning accounts.

4 Please note even though the asset avoids probate it will likely still be part of the deceased’s gross estate for federal estate and gift tax purposes.

5 A “beneficiary designation” usually encompasses an account holder specifying an individual, trust, charity, and/or entity to be the recipient of an account upon the holder’s death. For a beneficiary designation to be “valid” it must be made in compliance with the requirements of the custodian of the account. For example, if a custodian requires the beneficiary designation form to be notarized and the account holder fails to do so, such beneficiary designation likely will not be considered valid.

6 The SECURE act was recently enacted with new rules pertaining to qualified retirement accounts. A discussion of the Act is beyond the scope of this article, but it should be taken into consideration with the overall planning.

Also known and referred to as “pay-on-death” or “transfer-on-death” designations. See Fla. Stat. §655.82.

8 It is important the client understand even if they have a will or a trust which makes a specific gift of an asset, where there is a beneficiary designation it will control over the will or the trust.

9 Fl. Stat. 733.808 (2020).

10 Generally, it is simpler to name an individual for a qualified retirement account. However, where there are young children or beneficiaries who are irresponsible or have substance abuse issues, it may be best to name the trust as the beneficiary and not the individual.

11 It is worth noting it should be explained to a client a JTROS account will pass only to the other account owner(s). This is particularly important where a client has only one of several children on an account because the asset will only pass to the joint child owner and not to any of the child’s siblings. This is seldom the intent, as usually the purposes for adding only one child is for ease of access and assistance to the client, not to cut other children out from benefiting from the asset.

12 This is a form of joint ownership with survivorship rights but only between two married individuals. There are six unities required to form TBE ownership and the details are beyond the scope of this article.

13 See Fla. Stat. §689.15 (pertaining to real and personal property) and §655.79 (creates survivorship presumption for financial accounts); see also Beal Bank, SSB v.

Almand & Associates, 780 So.2d 45 (provides a presumption of TBE for financial accounts where applicable).

14 Fla. Stat. §732.401(5); see also Marger v. De Rosa, 57 So. 3d 866 (Fla. 2d DCA 2011).

15 There can be multiple life tenants and/or remaindermen.

16 Sauls v. Crosby, 258 So. 2d 326, 327 (Fla. 1st DCA 1972).

17 Vandiver v. Vincent, 139 So. 2d 704 (Fla. 2d DCA 1962) (holding an individual “could claim exemption in whatever interest she has in the property as her homestead”); Souther Walls, Inc. v. Stilwell Corp., 810 So. 2d 566, 569 (Fla. 5th DCA 2002) (holding the Florida constitution “does not designate how title to the property is to be held and it does not limit the estate that must be owned, i.e., fee simple, life estate, or some lesser interest”).

18 Therefore, a remaindermen is ineligible to claim homestead and avail himself or herself of its protections until continued page 22 7

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Legal Aid SocietyGAL Teaching Tips continued from page 10

catastrophic in nature, a chronic illness, or a repeated intermittent illness due to a persisting medical problem that confines the student to home or hospital and restricts activities for an extended period of time. Children who meet the criteria receive in-home care with a curriculum designed to meet their specific needs. For information, see Hospital Homebound on the Florida Department of Education website.

These are just a few of the services and programs available to assist medically needy children. I encourage everyone to serve as a guardian ad litem for these extra-special kids.

Just like there is a network of resources available to children, if you decide to serve as GAL for a child with special medical needs, you have a network of resources available to you, too. The GAL program staff and attorneys are always here for you. As the developmental disabilities attorney, it is my distinct privilege to assist you in advocating for your special GAL child’s best interests. After all, our GALs are pretty special, too!

For more information about advocating for children with developmental disabilities, please contact me at mroberts@legalaidocba. org. If you would like to donate to the Legal Aid Society, please contact our development director, Donna Haynes, at dhaynes@ legalaidocba.org.

Mexcye C. Roberts, Esq., is the developmental disabilities attorney with the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2015.

Coun ty of the Orang e A Public ation

Bar Assoc iation

Inside this Issue: President’s Message the Counselors When Clients Enlighten Anthony F. Sos, Esq.

October 2019 Vol. 87 No. 8

Chief ’s Column – Time to Get to Work!

Business Court Reopens A. Myers, Jr. The Honorable Donald

ee Criminal Law CommittCivil Just Injunctions are Not Thomas B. Feiter, Esq. Teaching Tips Legal Aid Society County’s Understanding Orange Crisis Affordable Housing Esq. Hannah N. Farber,

Did you know that when you PASS a case to the Lawyer Referral Service, you not only support OCBA services, but you also help keep membership dues low?

So please keep passing those cases and support the OCBA!

Keep the LRIS number in your playbook:

407-422-4537

Last year proceeds from the Lawyer Referral Program covered the production of six issues of The Briefs.

The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida.

Estate, Guardianship & TrustCommittee continued from page 21

the death of the life tenant. See Aetna Insurance Company v. LaGasse, 223 So. 2d 727 (Fla. 1969).

19 Fla. Stat. 738.801(2)(a); Chapman v. Chapman, 526 So. 2d 131, 135 (Fla. 3d DCA 1988); Schneberger v. Schneberger, 979 So. 2d 981 (Fla. 4th DCA 2008).

20 Sauls v. Crosby, 258 So. 2d 326, 327 (Fla. 1st DCA 1972) (waste includes not paying real property taxes, removal of timber, crops, or minerals, and any destruction to the property).

21 Neither the life tenant nor the remaindermn are able to file a partition action to force sale of the property. See Joseph M. Percopo, The Impact of Co-ownership on Florida Homestead, Fla. B.J., May 2012 (text accompanying FN 47).

22 Fla. Stat. 738.801(2)(b); Schneberger v. Schneberger, 979 So. 2d 981 (Fla. 4th DCA 2008).

23 See Florida Uniform Title Standard 6.10 and 6.11.

24 A traditional life estate requires all of the life tenants and remaindermen to agree upon a transfer of the real property. For a more detailed discussion of Lady Bird Deeds, see Joseph M. Percopo, Lady Bird Deeds: an Inexpensive Probate Avoidance Technique, Florida Bar Real Property Probate and Trust Law ActionLine (Spring 2020).

25 Fla. Stat. §193.155 &193.1554; see also AGO 2001-31 (April 26, 2001).

26 Fla. Stat. §738.801(3) (provides the life estate/remaindermen costs do not apply where inconsistent with the deed).

27 Generally, this means the remaindermen do not have any liability related to the property. However, it is possible the IRS may be able to attach a lien on the remainder interest for a debt of the remaindermen. See Drye v. United States, 120 S. Ct. 474 (1999) (the decedent’s daughter disclaimed a devise, however, the IRS was still successfully able to place a lien on the daughter’s disclaimed interest).

PAGE 22

IRC §2036(a) & §1014 (step-up in basis means the remaindermen will own the property with a basis (amount considered invested in the asset) equal to the fair market value of the real property at the death of the Grantor).

29 However, at the Grantor’s death the value of the property will still be included in the Grantor’s federal gross estate. See footnote 27.

30 ESS Manual 1640.0613.01.

31 Documentary Stamp Tax is traditionally due when a transfer of real property is made for money or other consideration (which includes the value of any mortgage calculated based upon the interest being transferred). See Letter of Technical Advice No. 00B4024 addressed to Fund member, Mike Pyle, Esq (2000).

32 Since the LBD is an incomplete gift it is likely to be considered testamentary disposition to which the homestead restrictions still apply. See Fla. Const. Art. VII, §6 and Fla. Const. Art. X, §§4(a), (b), & (c); see also Fla. Stat. §732.4015(1) & §732.401(1); In re: Estate of Johnson, 397 So. 2d 970 (Fla. 4th DCA 1981); Aronson v. Aronson, 81 So. 3d 515 (Fla. 3d DCA 2012); see also Florida Uniform Title Standard 6.12.

33 Despite the concept being permitted by Ogleby v. Lee, 73 So. 840 (Fla. 1917) and Green v. Barrow, 8 So. 2d 283 (Fla. 1942), title companies are private companies which set their own rules for how and when they will issue a title policy. Should this issue be encountered, the Grantor should consider other title companies that may take a different position on the issue.

34 In this situation, the Grantor could re-convey the property to himself or herself in fee simple, then apply for the loan or refinance, and subsequent to the transaction execute a new LBD. 35 See Fla. Stat. §736.1002(1); see also 31 U.S. Code §3713 (Priority of Government Claims).

28

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theBriefs August 2020 Vol. 88 No. 7

Young Lawyers SectionNews YLS on the Move

W

e are happy to announce that our Wills for Heroes event was a continued success after our May 23 beta test! On Saturday, June 13 our incredible program chairs Amber Williams and Linnea Eberhart, along with their group of dedicated volunteers, came back together at OCBA HQ to prepare over 100 more wills for our Orange County heroes! This event, which started three years ago, is Kimberlee A. Martin, Esq. near and dear to our hearts. We are incredibly thankful to the chairs, their committee members, and the volunteers for not letting COVID-19 prevent us from helping hundreds of our first responders obtain wills and other estate planning documents needed to protect them and their families. We’ve said it before, and we will say again – WE DO MORE! Now, we are not all business. For a little fun, on June 16, 2020, we joined the Central Florida Association for Women Lawyers for a virtual happy hour to learn how to make the perfect charcuterie with teacher extraordinaire, Jennifer Smith Thomas. It was a great time making the boards but an even better time eating our creations!

We also had our first-ever virtual luncheon on June 19 with speaker Dr. Keita Joy, and it was a huge success. Dr. Joy is the CEO of Success Uncensored Coaching as well as a transformational speaker, author, wife, and mother, who channels her infectious energy and drive for life into inspiring others to be intentional about their personal and professional success. Dr. Joy provided

YLS members with insight and tools on how we can deal with the anxiety and stress that comes from our work, especially in these times of uncertainty with COVID-19.

That’s not all! We continued to do more, hosting virtual Wednesday Zoom Happy Hours for a Cause through June and July. We raised money for local organizations such as Big Brothers Big Sisters of Central Florida, IDignity Orlando, and Second Harvest Food Bank of Central Florida. OCBA YLS then matched the amount of donations, up to $250 each week, to help support these wonderful organizations so they could continue to provide valuable services to our community.

On June 27, the OCBA YLS board and committee chairs participated in a virtual business retreat to discuss the upcoming year, plan social and charitable events, and brainstorm ideas that we hope will benefit our favorite people – you! And, if that was not enough, we had a fantastic July 16 luncheon. AS OCBA YLS president Brandon Sapp said, we really want to make YLS the key to your success. So, with that, thank you to everyone for joining in on all the virtual fun, and we sincerely hope it provided some light in these uncertain times. We look forward to seeing you more as the 2020-2021 YLS year continues.

Want to keep up to date on the latest and greatest from YLS? Find us on Facebook, Twitter, and Instagram @ocbayls, and use #ocbayls and #wedomore when posting about the upcoming events for the 2020-2021 year so we can share in the fun with you!

Kimberlee A. Martin, Esq., of Fisher Rushmer, P.A., practices civil litigation, primarily insurance defense. She has been a member of the YLS board since 2019 and an OCBA member since 2013.

YLS Wills for Heroes

Cooper Powell, Amarillis Velez, Amber Williams, Ursula Remy, Jonathan Paul, Marchella McGinnis, Brandon Sapp, Stacey Schwartz, Linnea Eberhart, Crystal Denman, C. Andrew Roy, Philip Wayne, Corinne Huston Not Pictured: Glaucia Jones

theBriefs August 2020 Vol. 88 No. 7

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PAGE 23

Going your separate ways doesn’t have to get ugly.

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The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice. To become a Featured Benefits provider, contact our Advertising & Sponsorship Department.

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• Boehm & Boehm Forensic Media Consulting | Certified Comprehensive Litigation Support Solutions | Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 • 407-405-8483 • florian@ boehmboehm.com • Casetext | A smarter legal research platform that saves attorneys time and money through cutting-edge research tools, including artificial intelligence technology, comprehensive materials, and affordable pricing.

OCBA members receive 15% off after a free 14-day trial at: https://info.casetext.com/orange-county.

• Clio | The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee Clio.com/OCBA. • Cyber Centaurs | Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! Andrew von Ramin Mapp • 39 Skyline Drive, #1009, Lake Mary, FL 32746 • 407-777-4540 • Andrew@cybercentaurs.com • DocuSign NPP | Members are eligible to receive special pricing starting at 10% off new or additional subscriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

• Milestone Reporting Company | is a full-service court reporting firm that can provide court reporters and legal videographers for all of your deposition needs. Milestone is the premier provider of Orlando court reporters and Tampa court reporters. Whether you need a realtime stenographer or a digital court reporter, we will provide a unique solution for your deposition, transcription, and legal video deposition needs.

Schedule Our Services Today! 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-423-9900 • Evelyn@ milestonereporting.com • Smith.ai | A superior virtual receptionist service for phone calls, website chat, and text messages. (Our U.S.-based professionals answer calls and chats; screen and intake clients; schedule appointments; and take payments.) OCBA members get a free trial, $100 off the first month(s) of calls or chats with code OCBA100, 5% off bundled services, and 15% off annual plans paid upfront (otherwise, plans are month-to-month).

Learn more and sign up at https://smith.ai/member-benefits/orange-county-bar-association-fl • Westlaw, a Thomson Reuters business | Westlaw, Legal Products and Services. Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. Jeff Werth • 407-334-8808 • Jeff.Werth@tr.com

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• Seacoast Bank | Your Florida community bank.• Charlene Hotaling, VP – Business Banking Manager • 1031 W. Morse Blvd., Suite 160, Winter Park, FL 32789 • 407-629-9089 • charlene.hotaling@seacoastbank. com • Florida Lawyers Mutual Insurance Company | Created by The Florida Bar, Florida Lawyers Mutual provides high quality professional liability insurance to help protect Florida lawyers and their clients, while providing personal service that no one can match. • 800-633-6458 • BoardroomPR | An Integrated Florida Law Firm Marketing & Communications Agency serving statewide full-service law firms, top specialized boutiques and one- and two-lawyer firms since 1989. Michelle Griffith • 37 N. Orange Avenue, Suite 500, Orlando FL 32801 • 407-973-8555 • mgriffith@boardroompr.com

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Verizon Wireless | Receive significant discounts on wireless calling plans, as well as discounts on accessories, devices and smartphones. Eligibility requirements apply. Visit NPP to learn more and to start saving.

• Office Depot | With more than 16,000 in-stock office supply products, Office Depot has an extensive variety of products and services to meet the needs of all NPP members nationwide. Click here to learn more and enroll in premier Office Depot pricing through NPP. • Level(3) | Toll-free audio conferencing for only 2 cents per minute; no contract, setup or monthly fee.

Additional telecomm solutions available. Enroll with NPP and start saving today!

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• Expedia | Receive a discount on hotels from Expedia. Sign up today at NPP and find your freedom with an additional discount over and above Expedia’s already low prices. Visit NPP to learn more and to start saving.

•1-800-Flowers.com | NPP members save 20% on 1-800-Flowers.com and 1-800-Baskets.com. Enroll with NPP and start saving today!

• DentalPlans | Members can receive a 15% discount, plus 3 months free with :DentalPlans. Choose from over 30 plans from healthcare brands like Cigna and Aetna. Annual dental savings plans range from $79 – $299 and cover over 100,000 dentists nationwide. Visit NPP to learn more and to start saving.

• Skechers | Direct Receive 30% off select Work and Corporate Casual styles including OSHA Compliant footwear and work boots. Enroll with NPP and start saving today!

• Sherwin-Williams | NPP members receive national account contract pricing on paints, coatings, and supplies. Members also receive free services on order planning and specification recommendations. Visit NPP to learn more and to start saving.

The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

PAGE 24 www.orangecountybar.org

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theBriefs August 2020 Vol. 88 No. 7

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PhotoOp Naturalization Ceremony The U.S. District Court, Middle District of Florida / George C. Young U.S. Courthouse found a creative way to conduct its naturalization ceremony despite social distancing.

The court and the U.S. Citizenship and Immigration Services office swore in 100 new citizens in late June. Participating: Hon. Paul. G. Byron; Hon. Roy B. Dalton; Hon. Leslie R. Hoffman; and Hon. Daniel C. Irick.

Judge Dalton and a USCIS representative present the Nationalization Certificate to a new U.S. citizen

Hon. Roy B. Dalton

PAGE 26 www.orangecountybar.org

theBriefs August 2020 Vol. 88 No. 7

ParalegalPost Introduction to the 2020-2021 Paralegal Section Board

I

am thrilled and honored to be chosen as this year’s president of the Paralegal Section of the Orange County Bar Association.

Our mission is to provide leadership, promote the professionalism and certification of paralegals, encourage and acknowledge professional development, promote global affiliations with other professional associations, and provide enriching networking Tina Farrington, FRP opportunities.

The coronavirus pandemic has forced us to rethink operations on all levels. We must adapt in order to succeed. This next year will be challenging considering most of what we will accomplish will be done virtually. This can also be used to our advantage as attendance requires little more than a click of a few buttons. My focus this year is the community and helping those people in need. We will also continue to provide CLE lunch and learns for our members.

I would like to thank our past president, Cori Maldonado. She did an extraordinary job mentoring me. I would also like to introduce you to myself and the board.

My name is Tina Farrington and I will be serving as the OCBA Paralegal Section president this year. I am a Florida registered paralegal at Moye, O’Brien, Pickert, Dillon & Masterson, LLP. I am a graduate of the Seminole State Paralegal Studies Program and have more than 10 years’ experience working in the legal field.

I was born and raised in Orlando and enjoy traveling in my spare time.

Cori Maldonado, FRP, CP, is a senior paralegal on the sales, marketing, and regulatory affairs legal team at Wyndham Destinations. She graduated from the University of Central Florida with a degree in legal studies. In her spare time, Cori enjoys traveling, boating, off-roading, and spending time with her husband and dogs. This term Cori will serve on the board as the immediate past president.

April Phillips, FRP, was born and raised in Orlando, Florida. She attended the University of Central Florida, is a Florida registered paralegal, and is currently working on obtaining her certification to become an advanced certified trial paralegal. April is the senior family law paralegal at Bernal-Mora & Nickolaou, P.A. With nearly 20 years of combined experience working in the family courts, April began her career in court-appointed guardianship for the elderly and disabled and has also worked in the field of criminal law. April has extensive experience in divorce, marital, and family law and is passionate about the work she does with families during difficult and life-changing times.

In her down time, April enjoys spending time by her pool with family and friends, outdoor cooking, such as smoking and barbequing, and watching her 16-year-old son play baseball (he’s a theBriefs August 2020 Vol. 88 No. 7

catcher!). April also enjoys being on stage singing. Fun fact about April: she is a former touring country music artist who recorded two albums in Nashville and toured for years with some of the biggest names in country music! She will serve this year as president-elect.

Brittney Bogan, FRP, is a construction paralegal with the law firm of Holland & Knight LLP. She graduated from the University of Central Florida with a bachelor’s degree in legal studies in 2010.

Brittney has been an active member of the OCBA since 2011 and will serve as the section’s secretary/treasurer.

Shannon Hager, FRP, a litigation paralegal with Greenberg Traurig, P.A., is a past president of the Paralegal Section. She is a graduate of the Valencia College Paralegal Studies Program and is pursuing a bachelor’s degree in legal studies at the University of Central Florida. Shannon has been a member of the OCBA since 2013 and has served on the Paralegal Section Board of Directors since 2015.

Shannon Rush, FRP, studied radiography at the Florida Hospital College of Health Sciences. Shannon works at McDonald Toole Wiggins, P.A., where her main focuses are products liability and insurance defense. She enjoys hiking, biking, and traveling and will serve as a member of the OCBA Paralegal Section Board of Directors.

Paul Pelton, FRP, is a senior litigation paralegal with 30 years of experience in all phases of civil trial work. With an educational background in medical science and paralegal studies, Paul concentrates his practice in high-exposure cases involving medical malpractice, nursing home resident’s rights claims, product liability matters, and complex BI claims. Paul has handled casework for plaintiffs and defendants in state and federal courts throughout Florida from inception through post-trial matters, and in arbitration and mediation proceedings. He is a published author and a CLE provider to national audiences on paralegal practice. Paul was appointed by the Supreme Court of Florida to the Standing Committee on the Unlicensed Practice of Law for The Florida Bar through 2023 and served as the committee’s vice chair through June 2020. In addition, he is a member of the Paralegal Section’s Executive Council, where he currently serves as chair of the mentorship program. Paul served as the 2017-2018 section president and has been a member of the Executive Council since 2015. He is a member of the Valencia College Advisory Council for the Paralegal Studies Program.

Karyna Lavrova, who has been a member of the OCBA since 2018, is a student in the Valencia College Paralegal Studies Program. She is looking forward to serving on the Paralegal Section Board of Directors for the upcoming terms.

Tina Farrington, FRP, is a construction law paralegal at Moye, O’Brien, Pickert, Dillon & Masterson, LLP. She has been a member of the OCBA since 2019.

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PAGE 27

New M e mbe rs

Attorneys

Mohad ABBASS Emily A. ADAMS Christian C. ANDERSON Gilbert R. ARROYO Clancey BOUNDS Tiffany Marie COLON Daniel de PAZ Joshua E. ECKMAN Christian James FLASK Samantha Leigh ELD Jennifer Garcia VINCENTY Amanda L. GOVIN Keith L. HAMMOND

Ashley Thomas HICKS James Matthew HILL James Riley HODDER Adam B. LANDA Nicholas A. LeROY Parama K. LIBERMAN Marie E. MASSON Wilda P. POMALES Dainius Tyler SIMPKINS Aiza E. SKELTON Peterson TAVIL

Paralegal Students Lauren BARRETT Lindsay Joanne BEBEN Arianna L. BENNETT Kimberly J. CHYTRAUS Rose HARRIS Alejandro J. ROMERO Madyline T. SPENCE

Invite your colleagues to join the OCBA today!

Go to:

www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

Law Students Jessamyn A. MORING Evelyn SCHWALB

407-422-4551, ext. 245

Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

2-9 Members Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Aust Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Beshara, P.A. Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. Davey Law Group, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP

Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Perez LaSure, LLC Rebecca L. Palmer Law Group Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A. Flammia Elder Law Firm Forward Law Firm P.A. Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC

PAGE 28 www.orangecountybar.org

theBriefs August 2020 Vol. 88 No. 7

New Lawyer Training Program The virtual New Lawyer Training Program is now September 11 from 9:00 a.m. to 1:00 p.m. and includes access to pre-recordings.

Topics include: Navigating circuit civil, business, domestic, and criminal courts in the Ninth Judicial Circuit | Establishing and building a successful solo practice | Where to find inexpensive practice management resources | The importance of professionalism and ethics in practice | Learn about insurance needs, protecting assets, and trust accounting | 7 CLE credits!

New Pricing!

All attendees are automatically enrolled in the OCBA’s mentoring program!

Student: $50 (includes OCBA membership) OCBA Members: $75 • Non-members: $100 Learn more or register online at https://bit.ly/OCBANLTP

Sponsored by:

Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first-class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.

Grand Cypress

Magnolia

For additional information contact:

Room

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Grand Cypress

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Palm

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Magnolia

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407-422-4551 x 233

The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 theBriefs August 2020 Vol. 88 No. 7

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PAGE 29

CLASSIFIED ADS EMPLOYMENT ASSISTANT PUBLIC DEFENDER. Marion County (Ocala) Recruiting attorney to represent indigent criminal defendants from arrest through trial. Generous State of Florida benefits including health insurance. Call John for details 352742-4270.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com.

ORLANDO CIVIL DEFENSE LAW FIRM IS SEEKING AN EXPERIENCED PERSONAL INJURY LITIGATION PARALEGAL. Candidate must have a minimum of 10 years experience in personal injury, with superior writing, research and communication skills.

Must also be organized, motivated, familiar with medical terminology and proficient in the use of document management and trial

presentation software. Resumes to gmaffey@bellroperlaw.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load.

Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes. com.

SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office.

Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751 HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefit package. Call Jean 407 926 7460.

OFFICE SPACE MAITLAND CENTER OFFICE SPACE Individual offices up to 2,500 square feet suites. Conference room, internet, phones, copiers available. Please contact Damon Weiss 407-234-2005.

LAKE EOLA OFFICE SPACE FOR RENT. Includes bilingual receptionist, gym, free parking for clients, WIFI, conference room, maintenance, secretarial space, for $1,500 a month. For more info please call 407-792-1285 or jleon@ flusalaw.com OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 644-9801 or email brucew@mdwpa.com OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. On-site Free Parking. Three offices with Kitchen, Restroom and Reception. Approx.

1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information.

OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office

suites. Parking included. Call or email: John at 407-425-2907; jkk@ keatlaw.com.

PROFESSIONAL OFFICE SPACE FOR RENT. Kitchen. Ample Parking.

Two conference rooms. Email Kristin at Kstaley@crewsandpesquera.com FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/ kitchen and handicap bathroom.

Plenty of parking. 515 N. Ferncreek.

Jim Sears 407-222-1554 jsearslaw@ gmail.com DOWNTOWN WINTER PARK – 157 E. New England. Private entrance, signage and windows.

2 large and 1 small office, as well as conference room accessibility. $2,000. mo. plus tax – 407-7605330.

SHARED LAW OFFICE SPACE AVAILABLE - Up to three furnished offices for lease. Contact Kristy@ kellyjuris.com.

FOR SALE ELEGANT CARVED CONFERENCE TABLE WITH 8 UPHOLSTERED C H A I R S $2,999 O B O cont a c t : juliepappas@hotmail.com

With With 285 285 employers employers and and 395 395 listed listed jobs jobs in in your your field – you have options! field – you have options!

OCBA OCBA members members have have access access to: to: ❚ Resumé review ❚ Resumé review ❚ Discounted ❚ Discounted job job postings postings ❚ Sign ❚ Sign up up for for auto auto email email alerts alerts of of new new positions available – and so much positions available – and so much more! more!

Go Go to: to: https://orangecountybar-jobs.careerwebsite.com https://orangecountybar-jobs.careerwebsite.com to to seek seek or or post post jobs jobs

Or Or contact contact Ursla Ursla Gallagher Gallagher at: at: 407-422-4551 ext.

407-422-4551 ext. 244 244 for for more more information! information!

PAGE 30 PAGE 30

www.orangecountybar.org www.orangecountybar.org

the 2020 Vol. 88 No. 7 theBrie Brieffss August August 2020 Vol. 88 No. 7

BUSINESS MEDIATI ON THOMAS P. WERT Florida Supreme Court Certified Mediator ■ Certified Federal Court Mediator, Middle District Of Florida ■ 27 Years Experience In Business Litigation ■ Florida Bar Board Certified Specialist In Construction Law ■ Governor, Florida Bar ■

CALL 407-428-5197 OR CONTACT twert@deanmead.com

OFFICES DOWNTOWN ORLANDO

theBriefs August 2020 Vol. 88 No. 7

www.orangecountybar.org

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Installation Luncheon

O C BAUGUST A C- SEPTEMBER alendar

August 27, 2020

AUGUST

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LAS Lunchtime Training GAL Training – A Different Perspective: What Parents’ Attorneys Want the GAL to Know Prerecorded • LAS website

Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 12:00 p.m. • OCBA Center

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LAS Lunchtime Training Nurturing Our Professionalism Newborns: Advocacy in Committee Meeting Early Childhood Court 12:00 p.m. • Virtual Prerecorded • LAS Zoom website Workers’ Compensation Solo & Small Firm Committee Seminar Committee Meeting Workers’ Compensation 12:00 p.m. • OCBA Case Law Update 12:00 p.m. • Live webinar Center Appellate Law Member Perks

Committee Meeting Honorable Gregory 12:00 p.m. • Lowndes Presnell, Senior District Law Judge, U.S. District Court, Middle District of Alternative Florida Dispute Resolution 8:00 a.m. • Zoom Committee Meeting 12:00 p.m. • OCBA Immigration Law Center Committee Meeting 12:00 p.m. • OCBA Family Law Committee Center Seminar Estate, Guardianship & Meet the Honorable John D.W. Beamer Trust Committee 12:00 p.m. • Zoom Seminar

Sponsor: Soberlink Challenging Changes in Florida Guardianship YLS Luncheon 12:00 p.m. • Live webinar 11:30 a.m. • Citrus Club

Sponsor: Fusion Realty Group Social Committee Estate, Guardianship Meeting & Trust Committee 12:00 p.m. • OCBA Meeting Center 12:00 p.m. • Health & Wellness ShuffieldLowman Committee Meeting OCBA Executive 12:00 p.m. • OCBA Council Meeting Center 4:30 p.m. • OCBA OCBA Installation Center Luncheon Civil Rights Law 11:30 a.m. • Embassy Committee Meeting Suites by Hilton 12:00 p.m. • OCBA Downtown Orlando Center

Subject to virtual Family Law Committee presentation Meeting 12:00 p.m. • OCBA Center

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11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando Register by August 24, 2020 Title Sponsor: The Tyson Smith Group of Raymond James Subject to virtual presentation.

SEPTEMBER

1

LAS Lunchtime Training GAL Training - Adoption Subsidy Negotiations: Is That the Best Offer?

Prerecorded • LAS website Professionalism Committee Meeting 8:00 a.m. • OCBA Center Real Property Committee Meeting 12:00 p.m. • OCBA Center

Member Perks Hon. Jose R. Rodriguez 8:00 a.m. • Zoom

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Criminal Law Committee Meeting 12:00 p.m. • OCBA Center Immigration Law Committee Meeting 12:00 p.m. • OCBA Center

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Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • ShuffieldLowman Technology Committee Meeting 12:00 p.m. • Remote

9

Lawyers Literary Society 12:00 p.m. • Zoom Judicial Relations Committee 12:15 p.m. • Orange County Courthouse, 23rd Floor Judicial Conf. Room

10

Civil Rights Law Committee Meeting 12:00 p.m. • OCBA Center Family Law Committee Meeting 12:00 p.m. • OCBA Center

www.orangecountybar.org

Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center

11 15 LAS Lunchtime Training

YLS Luncheon 11:30 a.m. • Citrus Club GAL Training – Committed to the Process?

DJJ Commitment Programs Prerecorded • LAS website Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center

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Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law

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Alternative Dispute Resolution Committee Meeting 12:00 p.m. • OCBA Center

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Social Committee Meeting 12:00 p.m. • OCBA Center

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Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center

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OCBA Luncheon 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando Please note that OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

theBriefs August 2020 Vol. 88 No. 7

880 North Orange Avenue Orlando, Florida 32801

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