The Orange County Bar Association- The Briefs - February 2023

2023

Inside this Issue: OCBA Message Meet the OCBA Officers

Professionalism Committee An Inclusive Legal Profession Starts With You

Adam Duh, Esq.

The OCBA Officers

Civil Rights Committee

What is Qualified Immunity in Police Excessive Force Cases?

Benjamin C. Garcia, Esq.

Diversity & Inclusion Committee

Diversity & Inclusion Certification Program

Kenway Wong, Esq.

USE OF SCIENTIFIC EVIDENCE AND EXPERTS IN LITIGATION

OBJECTIVE: Review and update established capabilities, existing limitations, controversies, and emerging issues at the interface of science and the litigation process.

TOPICS: Expert Testimony, Demonstrative Exhibits, Fingerprint Evidence, Firearm-Toolmark Evidence, Trace Evidence, Forensic Biology and DNA Evidence, Forensic Toxicology, and Controlled Substance Analysis.

Presented by Jack Snyder, MD, JD, PhD, FCLM Past President, ACLM

Thursday, February 23, 2023

Hyatt Regency Grand Cypress Resort Orlando, Florida

Information/Registration:

https://www.aclm.org/event/63rd-annual-conference/

Inquiries: conference@aclm.org

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior

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.

the Briefs

Editor

John M. Hunt

Associate Editors

Karen L. Middlekauff & Lauren Brusca

Hearsay Columnist

Michael V. Andriano

YLS on the Move

Vaughn Glinton SideBar

Alena V. Baker

OFFICERS

Karen L. Persis, President

Amber N. Davis, President-Elect

Arti Ajit Hirani, Treasurer

Keshara Cowans, Secretary

EXECUTIVE COUNCIL

Michael Barber

Chris Carmody

Euribiades Cerrud, II

Lisa Gong Guerrero

Kate T. Hollis

Kristopher J. Kest

Bruce Mount

Alisia Adamson Profit

Rafael O. Rodriguez

C. Andrew Roy

Jessica A. Travis

Brandon M. Sapp

Eric C. Reed, Ex-Officio

Stephanie Alcalde, YLS President

EXECUTIVE DIRECTOR

Rob Garay

Advertising & Sponsorship Manager

Ursla Gallagher

Marketing & Communications Coordinator

Kirstyn Scerri

OCBAMessage

February 2023

Meet the OCBA Officers

his year OCBA history was made as 4 women were elected as the Officers of the OCBA Executive Council. We asked Karen Persis, President, Amber Davis, President-Elect, Arti Hirani, Treasurer, and Keshara Cowans, Secretary to give some words of wisdom on becoming a leader and overcoming adversity. Behind every successful woman is a group of other successful women. At times, they are pushing her forward, and maybe, at times, throttling her back. They are her cheering section, but also the shoulders to cry on. They are the sounding boards for frustration and anger, and the tough love that motivates her to keep moving. They range from her MVPs to her pinch hitters and everything in between. Get yourself some good girlfriends. Not colleagues. Not co-workers. Not acquaintances. Some seriously loyal people who will not only celebrate life’s victories, but also support you during the tough, uncertain times. Find yourself some friends who are not afraid to tell you when you are wrong. And when they do, listen.

I recommend that your pack of ladies be women you admire in some way. And not necessarily in some crazy, alpha-female superhero way. Sure, it can be that. But also love them for the way they think, care, create, laugh, share, and give. Learn from them. Study the best pieces of them and make those pieces part of you. If we all do this, not only will we continue to grow exponentially throughout our lives, but we will also develop lasting relationships, the bonds of which cannot be broken.

Karen L. Persis, Esq., owner of Karen Persis, P.A., practices surrogacy law, gamete donation, and adoption. She has been a member of the OCBA since 2005.

The number one thing that has been helpful to me in becoming both a successful leader and attorney is learning that I cannot do everything. While I was YLS President, I had just made partner at my firm and had two young children. The demands of my job, leadership role, and roles as both a mother and wife at home were starting to cripple me. I was experiencing anxiety at a level I had never experienced before and was feeling as if I could not devote the time necessary to master any of my roles. Then, finally, after hearing this very advice from Judge Scriven of the Middle District at a luncheon, I realized that it is okay to ask for help. There were so many amazing committee chairs and board members of YLS that were chomping at the bit to get more involved, so I let them. I had associates and paralegals at work that were fully qualified to

Tassist more with my cases, so I let them. At home, my husband is more than capable to help with the kids and chores around the house, so I let him. Do not try to do it all yourself. You will end up exhausted, stressed out, short tempered and mediocre at each of your roles. I do not strive for mediocrity, and you shouldn’t either. To be the best mom, attorney, and leader that I can be, I ask for help. You should too.

Amber Davis, Esq., Managing Partner at Wolter Van Dyke Davis, PLLC, specializes in IP litigation. She has been a member of the OCBA since 2007. Follow me. These are words you may think a leader would tell her/ his group. However, it is actually the opposite. To me, these are the two most powerful words of leadership. A leader needs to be gregarious, honest, goal-oriented, and inspirational. They need to have a vision, yet they also need to be able to follow. If you look up the word leader, awe inspiring quotes usually follow. However, if you look up follower, there are many negative connotations. This is far from the actual truth. A leader only arises in a situation where a group needs someone. And for every leader you must have someone follow. So, to be a good leader, you must also be able to follow. Follow the group, you cannot be individualistic, but follow the mentality of what your organization wants and needs. So, to be a good leader, you must also be able to follow them.

Arti Hirani, Esq., Partner at GrayRobinson, P.A., specializes in estate planning and taxation. She has been a member of the OCBA since 2013.

The art of communication is the language of leadership.

– James Humes

Great leadership begins with the ability to connect and communicate with different kinds of people. Effective communication is critical for successful leadership. When I was young, I observed how those in leadership positions interacted and motivated their team to accomplish the organization’s goals. Observing different leaders enabled me to learn to be an active listener. Leadership is not only about what you say and what you do, in large part, leadership involves listening to others. Listening to those you lead provides insight and allows you to be more mindful of their circumstances. As a woman in leadership, I have always been cognizant of my audience, recognizing there is true value in asking for feedback and seeking opinions. Listening and effectively communicating allows leaders to build trust and create transparency amongst the team.

Keshara Cowans, Esq., staff attorney at Orange County Public Schools, serves as the Equal Employment Opportunity (EEO) Officer, Equity Officer, and Title IX Officer. She has been a member of the OCBA since 2008.

At the Orange County Bar Association, diversity and inclusion are part of everything we do. Our strength is in our mission to provide for diverse and inclusive bar that encourages, supports, and celebrates our members and connects us closer to the communities we serve.

Clerk’sCorner County Court Jurisdictional Changes

Iwant to make sure you all are aware of some important updates that went into effect concerning civil filings at the beginning of the year. You may remember that for the first time in 28 years, the Florida Legislature agreed to update a key “amount-in-controversy” monetary threshold that divides the workload between county civil and circuit civil courts in 2020.

As part of those legislative changes, at the beginning of this year new limits on amounts in dispute for civil cases heard in Florida county courts have increased from $30,000 to $50,000.

Other implemented changes will remain the same. Filing fees do not change with the updates to dollar amounts in dispute. The limit established in 2020 of $8,000 on amounts in dispute for small claims cases is unchanged. Civil cover sheets are still required. Filers must still include a civil cover sheet declaring how much money is at stake in disputes exceeding $8,000.

This all began when House Bill (HB 337) was passed unanimously raising the county court threshold to $30,000 on January 1, 2020. This change had its origins in the Supreme Court’s Workgroup on County Court Jurisdiction.

Here is a breakdown of the current civil filings’ thresholds:

• Small Claims: $0 – $8,000

• County Civil: $8,001 – $50,000

• Circuit Civil: $50,001+

The claim amount is a required field on the civil cover sheet that you will see in the Florida Courts E-filing portal. On the case information tab for new civil case filings, the filer will be required to enter the claim amount.

Remember you can stay up to date with all the latest information from my office by visiting www.MyOrangeClerk.com and there you can subscribe to receive our “Center Court” newsletter to have information delivered directly to your inbox. If you’re looking for more details about jurisdictional changes, go to www. FlCourts.gov.

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

OCBA Luncheon Thursday, February 23, 2023

Deborah Enix-Ross, a senior adviser to the International Dispute Resolution Group of Debevoise & Plimpton in New York City, is president of the American Bar Association, the world’s largest voluntary association of lawyers, judges, and other legal professionals.

Enix-Ross served as chair of the ABA’s policymaking House of Delegates and as chair of the ABA Center for Human Rights. As chair of the ABA International Law Section, she co-founded the Women’s Interest Network and worked with the International Bar Association to create its Women’s Interest Group. She also led an international legal exchange delegation to Liberia, Sierra Leone, and Ghana, where she delivered an address commemorating the country’s 50th anniversary of independence.

Enix-Ross is a fellow of the American Bar Foundation and has served as vice president of the World Justice Project, chair of the ABA Section Officers Conference, vice chair of the International Bar Association’s Bar Issues Commission, and ABA

Title Sponsor:

representative to the IBA. She is a member of the American Law Institute.

Enix-Ross joined Debevoise & Plimpton in 2002. Previously, she served as senior legal officer with the World Intellectual Property Organization Arbitration and Mediation Center in Geneva, Switzerland. She also was a director of international litigation with Price Waterhouse and the American representative to the International Chamber of Commerce International Court of Arbitration. She started her legal career with MFY Legal Services in New York City.

Enix-Ross was appointed by the U.S. Departments of Commerce and State as one of the original eight U.S. members of the trilateral NAFTA Advisory Committee on Private Commercial Disputes. She is a member of the Advisory Committee of the New York Law School Alternative Dispute Resolution Skills Program. She is also a former member of the advisory board of the Institute for Transnational Arbitration, the ADR Advisory Board of the International Law Institute, and the Board of Directors of the American Arbitration Association.

Enix-Ross earned a B.A. in broadcast journalism from the University of Miami and J.D. from the University of Miami School of Law. She also received a diploma in comparative law from the Parker School of Foreign and Comparative Law of Columbia University and a certificate in international law from the London School of Economics.

OCBA February Luncheon

Embassy Suites by Hilton Downtown Orlando

Thursday, February 23, 2023

11:30 a.m. – 1:00 p.m.

191 East Pine Street, Orlando, Florida 32801

Supporting Sponsors:

Crossroads Investigations

Milestone Reporting

Rosenfield and Company

Universal Property & Casualty Insurance

Veritext

Withum+

Please RSVP by Monday, February 20, 2023

RSVPs will not be accepted after February 20, 2023 www.orangecountybar.org/store

Cancellations must be received no later than February 20, 2023.

Deborah Enix-Ross, Esq. ABA President

ProfessionalismCommittee

An Inclusive Legal Profession Starts With You

s I write this, the World Cup is finishing its quarterfinals, and Morocco just pulled a surprise upset win over Portugal. Seeing the spectacle of thousands of fans from all around the world cheering for their countries is a sight we have missed since the COVID-19 Pandemic began almost three years ago. The values of these worldwide events, whether the World Cup, the Olympics, or the 24 Hours of Le Mans, lay beyond what the scoreboard reads when the event ends. It lies within the ability of people of different countries, ethnicities, ages, languages, and cultures to come together and experience a moment together. These events allow people from around the world to share an exchange of fellowship.

Most people will never attend one of those significant global gatherings. As attorneys, we are generally in a better position than most to get the opportunity to attend, but there is still something that most will not experience. There are untold gains in having a diverse group of people coming together. Although we may not experience those grandiose sporting events firsthand, those ideals can occur in our daily lives. We have the opportunity to join in fellowship right here in Orange County. Experiencing groups that are different from you yields benefits beyond just learning a different viewpoint. It also allows you to share your perspectives with others. This synergism has excellent benefits for both our personal and professional lives. With only a bit of relative effort and time, we can all take action to widen and better our worldview as legal practitioners.

Practicing attorneys cannot be islands unto ourselves. Whether it is interactions with other attorneys, co-workers, clients, support staff, or the public, our profession involves working with others. We owe it to ourselves to ensure those interactions are as strong and beneficial as possible. Florida and Orlando remain destinations where people from around the country and the world want to move. The population and, by effect, the people we work with will continue to grow in diversity as the years pass. Taking steps to understand the area’s diverse population better will ensure that the area’s attorneys can fully meet that population’s needs. That involves us putting ourselves in positions to hear and learn from those who are different from us. Diversity is not merely the apparent signs. It encapsulates our experiences and personal history. We can only learn by connecting with others. We become better at representing and working with the residents of where we live when we connect.

Yet too often, people do not take the extra step. We are resigned to taking an obligatory CLE on biases as the minimum of effort.

AMore is possible, and we are lucky enough to have a plethora of options in Orange County to take advantage of. The Orange County Bar Association has the Diversity and Inclusion Committee that provides excellent programming on many topics. Multiple voluntary bar associations in and around the county offer opportunities to learn fresh perspectives that we may not know about otherwise. Memberships in these groups are not restricted to those these groups advocate on behalf of. They are open to all interested in their values. Why then do we not take advantage of these opportunities?

This is a question I’ve thought about since law school. I was a member of my school’s black law association. That was the association the other black students were a part of, and it seemed natural to join. Friends joined other associations that catered to the groups they felt they belonged to. Effectively my classmates and I were segmenting ourselves as the number of people willing to join groups different from themselves was minuscule, even though the associations welcomed anyone who wanted to join.

At the time, I could have come up with multiple excuses for not joining different associations. Now, I can look back and can say there was one overarching impediment I couldn’t overcome. Uncomfortable. It was an uncomfortable feeling that I should be a part of groups different from me. It was an uncomfortable idea that others would judge me for being a part of a group that I didn’t look like I should belong to. I cannot say whether that is the reason for others, however, I know that the result was the same for whatever excuses or reasons we have. It was a missed opportunity. If law students cannot take that extra step, how can it be expected for practicing attorneys? We have time constraints and greater responsibilities for those we advocate for. Adding another meeting that requires time out of our busy schedules does not seem worth it. But it is, because we are attorneys that owe it to ourselves and to the profession to take steps to continue improving the legal profession.

It is cliché to say, “a thousand-mile journey begins with one step,” but it is a cliché that is true. We owe it to ourselves and our profession to make the Orange County area legal community as strong as possible. That requires us all to leave our comfort zones and make small sacrifices of our time. The World Cup and the Olympics are coming to the United States in the upcoming years. I’m sure some of us are already making plans to attend. When those events occur, it would be a wonderful thing to be able to look back at the steps we’ve taken to make ourselves more inclusive.

Adam Duh, Esq., is a Senior Attorney in the Florida Department of Revenue’s Technical Assistance and Dispute Resolution department. He has been a member of the OCBA since 2020.

Adam Duh, Esq.

SUCCESSFULLY RESOLVING CONFLICT SINCE 1988

LARRY WATSON • FOUNDING PRINCIPAL • MEDIATOR • ARBITRATOR

Larry wrote the book on mediating complex multi-party construction disputes. He led the task force that developed Florida’s Rules for Certified and Court Appointed Mediators, and was in the first class of civil trial mediators certified by the Florida Supreme Court.

Put your client’s case in the hands of a mediator with unparalleled experience and achievement. Learn more about Larry and the entire mediation team by visiting our website at UWW-ADR.com or calling 800.863.1462.

SEEKING NOMINATIONS

for the

2023 Liberty Bell, Liberty Shield & Liberty Apple Awards

LAW DAY 2023

ALL AWARDS HONOR INDIVIDUALS WHO:

CORNERSTONES of Democracy

CIVICS

CIVILITY COLLABORATION

The Liberty Bell Award recognizes a person or organization in our community, outside of the legal profession, who demonstrates a deep commitment to the rule of law and has worked to promote civil responsibility among our citizen.

The Liberty Shield Award recognizes a first responder who demonstrates exemplary service to the health or safety of our community.

Promote a better understanding of the rule of law;

Encourage a greater respect for law and the courts;

Stimulate a sense of civic responsibility; and

Contribute to good government in the community

The Liberty Apple Award recognizes a teacher who demonstrates exemplary service to the education of students in our community.

Please submit a 1-2 page nomination letter that explains the ways in which the nominee exemplifies the qualities above. Email your submission to onchantho@gmail.com before March 10, 2023.

Recipients will be honored April 27, 2023.

The People’s Court

County court is often referred to as “the people’s court” because of the number of self-represented litigants appearing in county cases and non-jury trials conducted by county court judges. Orange County’s 19 judges do their best every day to serve the people of this county in court and in the community.

All Florida counties have a county court. The number of judges assigned to each county is dependent on population size and caseload. In Orange County, there are 19 county court judges serving over 1.4 million residents and all of its visitors. County court judges preside over misdemeanor criminal cases, violations of municipal and county ordinances, and civil cases where the amount in controversy is less than $50,000.

Orange County divides the work of the county judges into three divisions: civil, criminal, and domestic violence. One judge is assigned to serve exclusively in the domestic violence division, presiding over misdemeanor domestic violence charges, as well as dating violence cases. Nine judges serve in the civil division, and the remaining nine serve in the criminal division. The criminal division judges rotate for arraignments at the main courthouse and the three branch courthouses (Ocoee, Apopka, and Winter Park) and preside over initial appearances at the jail.

The jurisdictional limits of county court are changing and impacting the civil caseloads. Beginning in 2030, percentage changes in the Consumer Price Index will adjust and increase the amount in controversy for civil cases every 10 years. Prior to 2020, the amount in controversy for civil cases had not been adjusted since 1992. The current $50,000 jurisdictional amount went into effect January 1, 2023. The impact of this increase will not be known for several months; however, considering costs associated with recent and frequent hurricanes, we are preparing for significant increased case filings. The chart to the right details Orange County new case filings from 2017 through 2021:

Small claims rules govern civil cases with an amount in controversy under $8,000 and make up a large portion of the civil cases. Cases are required to have a pretrial conference scheduled within 50 days of the case filing. In Orange County, we are extremely fortunate to have a general magistrate who assists the county court judges with small claims pretrial conferences, discovery disputes, and non-jury trials. Because of this assistance, county civil judges are able to schedule more hearings and comply with the active case management requirements for civil cases implemented by the Florida Supreme Court in April 2021.

During the pandemic, many hearings went virtual. Online court proceedings work well for the attorneys and self-represented litigants. Many county court cases involve credit card defaults. And, prior to virtual hearings, defendants shouldered the burden of taking a day off work, possibly losing a day’s pay, and then needing to pay for parking. Virtual hearings eliminated those issues, as well the need to navigate security and wait for hearing time. The process continues to be enhanced. Virtual mediations will soon be held immediately following the small claims pretrial conference as needed. Along with the small claims pretrials, most non-evidentiary civil hearings continue to occur virtually, as well as some criminal matters. The courtrooms and hearing rooms are equipped for hybrid proceedings so those appearing in person or virtual can see and hear the same things.

Beyond the bench and heavy caseloads, county judges are very active in their legal and local communities. A county judge chairs the county’s Canvassing Board for oversight and certification of the electoral process. Several judges serve as officers and on committees for the statewide Conference of County Court Judges of Florida. Many judges teach at the Judicial College, local law schools, and the University of Central Florida. They serve on the boards of the voluntary bar associations and Florida Bar standing committees. Most of the county judges volunteer for high school, collegiate, and law school moot and mock trial competitions. They mentor attorneys and students. All of the county judges serve the local community.

The Honorable Tina L. Caraballo, Administrative Judge, Orange County Court. She was elected in 2015 and has presided over civil and criminal divisions and veterans court.

The Honorable Tina L. Caraballo Orange County Court Judge Ninth Judicial Circuit Court

The courtrooms and hearing rooms are equipped for hybrid proceedings so those appearing in person or virtual can see and hear the same things.

Family LawCommittee

HIPAA and Party-Opponent Medical Records in Family Law Cases

party’s medical or therapy records arguably may be relevant to an issue in a divorce or paternity action. The party to whom the records belong often objects to disclosure based on the Health Insurance Portability and Accountability Act (“HIPAA”) or Florida law. However, these laws do not prevent disclosure of a party-opponent’s medical records if disclosure is pursuant to a duly issued subpoena or court order under Florida law, and any necessary “satisfactory assurances” under HIPAA are made.

Preemption

The typical scenario involving medical records in family law cases is where a party seeks a party opponent’s (i) treatment records pursuant to a request to produce or a non-party subpoena or (ii) forensic records generated as a result of a court-ordered examination or evaluation.

HIPAA’s Privacy Rule, 45 CFR Parts 160 and 164, is the federal law that governs disclosure of protected health information. Various provisions in Florida’s Constitution, statutes, and rules of procedure govern medical record disclosure and doctor-patient confidentiality.1 HIPAA preempts less stringent state law.2

Disclosure of Treatment Records Pursuant to Subpoena

HIPAA and Florida law include the same general level of protection for a party’s medical and therapy records that are requested pursuant to a subpoena in a divorce or paternity action. Both HIPAA and Florida law allow for disclosure if the party is provided with notice and the opportunity to object.3 There is no “federal” family law. Florida statutes, family law rules of procedure, and interpreting case law establish the substantive requirements for compelled disclosure, as well as the procedural method for issuance of an enforceable subpoena. Therefore, Florida4 law is generally more stringent than HIPAA in the context of compelled disclosure of treatment records pursuant to a request to produce or subpoena.5

AHIPAA’s “Satisfactory Assurances”

Notwithstanding the foregoing, one aspect of HIPAA appears more stringent than Florida law.

HIPAA requires that a subpoena to a non-party medical provider be accompanied by “satisfactory assurances” that the individual was provided notice and an opportunity to object, and either no timely objections were made or were resolved by the court.10

HIPAA requires that a court order served on a non-party provider be accompanied by “satisfactory assurances” that the requesting party sought a “qualified” court order.11 A “qualified” court order includes language that prohibits the use or disclosure of records for any purpose other than the instant litigation and requires their return or destruction at the conclusion of the proceeding.12

The requirement to provide “satisfactory assurances” is more stringent than Florida law, which does not require the subpoena recipient be provided “satisfactory assurances” in addition to the subpoena, nor require a moving party to provide “satisfactory assurances” that certain conditions were requested for inclusion in the court order.13

HIPAA’s “satisfactory assurances” requirement seems redundant, or at least superfluous, in the context of party-opponent record requests, as party-opponents necessarily receive notice and opportunity to object under Florida’s procedural rules. The requirement is likely intended to provide protection to non-party individuals who may be less likely than party-opponents to receive notice and opportunity to be heard. However, HIPAA does not make a distinction, and so “satisfactory assurances” are required for requests for party-opponent medical records as well as the medical records of non-party individuals.

Disclosure of Records

Generated from Compulsory Forensic Examination or Evaluation

HIPAA and Florida law both allow for compelled, court-ordered physical examinations and nonphysical evaluations (e.g., psychological, mental health, psychiatric, vocational, or substance abuse evaluations) of an opposing party.6 HIPAA does not include an explicit requirement that the party-opponent be given notice or opportunity to object.7 Florida procedural rules and interpreting case law establish the substantive and procedural requirements for obtaining a compelled evaluation, including that the party-opponent be given notice and opportunity to object, as well as requiring the movant to prove the additional elements of “in controversy” and “good cause.”8 Therefore, Florida law is generally more stringent than HIPAA in the context of compelled court-ordered examinations or evaluations.9

Conclusion HIPAA and Florida law generally prohibit disclosure of medical records and therapy records without patient authorization or consent. HIPAA preempts less stringent state law. Both HIPAA and Florida law permit compelled disclosure in open litigation pursuant to subpoena or court order. Florida law is generally “more stringent,” as that term is defined by HIPAA, because Florida law specifies the substantive and procedural requirements for a valid, enforceable request to produce, subpoena, or court order. Therefore, HIPAA does not prevent disclosure of a party-opponent’s medical records in a divorce or paternity action if disclosure is permitted under Florida law, and any necessary “satisfactory assurances” under HIPAA are made.

Michael P. DeVoe, Esq., of DeVoe Law Firm, practices family law in Orlando, Florida, including dissolution of marriage, paternity, child support, injunctions, and dependency. He is a member of the Central Florida Family Law Inns of Court and serves on the OCBA Family Law Executive Committee. He has been an OCBA member since 2006.

1Florida law is clear that a person’s medical records enjoy a confidential status. First, the right 1 to privacy contained in Article I, section 23, of the Florida Constitution has been extended to preclude dissemination of medical records. See State v. Johnson, 814 So. 2d 390, 393 (Fla. 2002). Second, confidential medical records are protected from disclosure as provided in Florida statutory law. See § 456.057(7)(a), Fla. Stat (2022). Section. 90.503(2), Fla. Stat. (2022), provides that under the psychotherapist-patient privilege, a patient has a privilege to refuse to disclose confidential information or records made for the purpose of diagnosis or treatment of mental conditions, including

Michael P. DeVoe, Esq.

any diagnoses made by the psychotherapist. See S.P. ex rel. R.P. V. Vecchio, 162 So. 3d 75, 79 (Fla. 4th DCA 2014).

2See 45 C.F.R. § 160.203(b) (2022). See also 45 C.F.R. § 160.202 (2022) (defining “state law” as “a constitution, statute, regulation, rule, common law, or other state action having the force and effect of law.”) See also 45 C.F.R. §160.202(4) (2022) (defining “more stringent” as “a State law that . . . with respect to the form, substance, or the need for express legal permission from an individual, who is the subject of the individually identifiable health information, for use or disclosure of individually identifiable health information, provides requirements that narrow the scope or duration, increase the privacy protections afforded (such as by expanding the criteria for), or reduce the coercive effect of the circumstances surrounding the express legal permission, as applicable.”). See also Paylan v. Fitzgerald, 223 So. 3d 431 (Fla. 2d DCA 2017) (addressing compelled disclosure of non-party records held by nonparty providers).

3Cf. 45 CFR § 164.512(e)(1)(ii)-(vi) (2022) and § 456.057(7)(a)(3), Fla. Stat. (2022).

4See, e.g., Rule 12.350, Fla. Fam. L. R. P. (providing procedure for production of documents from a party) and Rule 12.351, Fla. Fam. L. R. P. (providing procedure for production of documents from a non-party). Legal objections based on relevance are governed by state law. See § 90.402, Fla. Stat. (2022), and F.S. 90.403, Fla. Stat. (2022). See also e.g. Tanner v. Hart, 313 So. 3d 805 (Fla. 2d DCA 2021) (addressing negligence plaintiff’s relevance-based objection to a request for ten years of medical records). Objections may also be based on privilege, such as the psychotherapist-patient privilege established by § 90.503, Florida Statutes (2022), which is interpreted by statelevel case law. See e.g. Miraglia v. Miraglia, 462 So. 2d 507 (Fla. 4th DCA 1984) (treatment records are privileged from disclosure absent calamitous event); Critchlow v. Critchlow, 347 So. 2d 453 (Fla. 3d DCA 1977) (treatment records are privileged from disclosure

absent calamitous event); Leonard v. Leonard, 673 So. 2d 97 (Fla. 1st DCA 1996) (independent evaluator may not access treatment records absent calamitous event); and Smith v. Smith, 64 So. 3d 169 (Fla. 4th DCA 2011) (privilege is only waived to the extent records relate to calamitous event, in camera review may be necessary to determine which records are discoverable).

5See definition of “more stringent” in note 2, supra.

6See, e.g., 45 CFR §164.512(e)(1)(i) (2022) and § 456.057(7)(a)(2), Fla. Stat. (2022).

7See 45 CFR § 164.512(e)(1)(i) (2022).

8See Rule 12.360, Fla. Fam. L. R. P. Specifically, in the case of physical examinations, the 8 party-opponent has the opportunity to object by filing a motion for protective order. For non-physical evaluations, there must be a prior hearing, at which the party-opponent will have opportunity to object. For both types of examinations and evaluations, the requesting party must satisfy the additional elements of “good cause” and “in controversy,” which are further parsed in Florida caselaw. See Rule 12.360(a)(1), (2), Fla. Fam. L. R. P. See also Oldham v. Green, 263 So.3d 807 (Fla. 1st DCA 2018); Reno v. Reno, 282 So. 3d 163 (Fla. 1st DCA 2019); Zarzaur v. Zarzaur, 213 So. 3d 1115 (Fla. 1st DCA 2017); Koch v. Koch, 961 So. 2d 1134 (Fla. 4th DCA 1994); Leonard v. Leonard, 673 So. 2d 97 (Fla. 1st DCA 1996); and Schouw v. Schouw, 593 So. 2d 1200 (Fla. 2d DCA 1992).

9See definition of “more stringent” in note.2, supra.

10See 45 CFR § 164.512(e)(1)(iii) (202). A copy of the subpoena alone is sufficient if on its face it meets the requirements of 45 CFR 164.512(e)(1)(iii) (2022).

See U.S. Dep’t of Health & Human Servs., Office of Civ. Rights, FAQ 706, https://www.hhs.gov/hipaa/ for-professionals/faq/706/what-satisfactory-assurances-must-a-covered-entityreceive-before-it-responds-to-a-subpoena/index.html and FAQ 708,

py-of-the-subpoena-sufficient/index.html (last visited Dec. 28, 2022). Accordingly, “satisfactory assurances” would be satisfied by serving the subpoena together with the e-filed notice of intent to issue subpoena and the e-filed notice of non-objection, each with a complete certificate of service. Notice to an individual’s attorney constitutes notice to the individual. See U.S. Dep’t of Health & Human Servs., Office of Civ. Rights, FAQ 707, https://www.hhs.gov/hipaa/for-professionals/ faq/707/for-disclosures-forjudicial-proceedings-can-notice-be-provided-to-the-lawyer/index.html (last visited Dec. 28, 2022).

1145 CFR § 164.512(e)(1)(iv) (2022) requires only that the movant sought inclusion of the language. It does not require that the order include the language. There may be valid reasons that the language is not included. See note 12, infra

1245 CFR § 164.512(e)(1)(v) (2022). The requirement to return or destroy protected health information at the conclusion of litigation has received withering criticism. See Subpoenas Duces Tecum vs. HIPAA: Which Wins?, Fla. Bar. J. (Feb. 2005).

13See 45 CFR §164.512(e)(1)(v) (2022); cf. Rule 12.280(d), Fla. Fam. L. R. P.

OCBAFoundation

The deadline for our annual scholarship for a student in the UCF Legal Studies or Valencia Paralegal Program is March 3, 2023, at 11:59 p.m.! http://www.orangecountybar.org/about/foundation!

Follow us on Instagram at ocba foundation or Facebook at Orange County Bar Association Foundation!

The Orange County Bar Association Foundation had the opportunity to speak with FAMU Law 1L students on November 14th! The speakers shared their experiences in law school, practicing law, and the importance of finding a mentor!

If you need help with any of your legal education programming be sure to check out our Grants opportunities at www. orangecountybar.org/about/ foundation!

Orange County Bar Association Election Notice

The names of nominees for the following offices will be posted on the OCBA website.

• OCBA President-Elect

• OCBA Treasurer

• OCBA Secretary

• OCBA Executive Council Members

• Legal Aid Society Board of Trustees

• Young Lawyers Section At-Large Board Members

Voting shall be conducted ONLY BY SECRET BALLOT. Each voting member will receive secure access to the ONLINE BALLOT via an EMAIL sent to the member’s EMAIL ADDRESS listed in the BUSINESS EMAIL ADDRESS LINE of the member’s membership record.

Voting will begin on Monday, February 13, 2023, through Friday, February 24, 2023.

The election is being conducted on behalf of the OCBA by Balloteer, an independent election services provider. All voted ballots will be certified by the Secretary of the OCBA.

If you have any questions, please contact: Carolyn Cochrane at 407-422-4551 ext. 245, or carolync@ocbanet.org

The Space You Need –When and Where You Need It

Civil Rights LawCommittee

What is Qualified Immunity in Police Excessive Force Cases?

Tified immunity reinforces rising tensions and distrust between the public and police agencies. Individuals who are the first to file a lawsuit for a specific harm they allegedly experienced are often out of luck in the courtroom. With no prior case dealing with almost similar accusations or details, the court will likely rule that the rights the plaintiff claims were violated were not “clearly established.” The widespread sentiment that officers are not held accountable is reflected in the steady decrease in public confidence in the police. Data measuring public confidence in police from 2004 shows a steady decrease of 16 percent, with public confidence falling below 50 percent for the first time.3

Benjamin C. Garcia, Esq.

he topic of excessive police force continues to gain attention in light of increased publicity surrounding cases where officer conduct is called into question. The use of unreasonable or excessive force is not a new phenomenon; however, the challenges posed by qualified immunity to plaintiffs have shed light on its impact on the judicial process. The presence of qualified immunity in cases where police are accused of violating people’s constitutional rights provides protection from liability – even in instances where rights are proven to be violated. As a defense, qualified immunity is available to federal and state public officials who are sued by someone claiming the public official violated their federally protected statutory or constitutional rights.

Citizens intending to sue police for excessive force on behalf of themselves or family are likely to face two challenges. In addition to establishing that their protected rights were violated, they must also identify a prior case involving nearly identical facts to demonstrate that those rights were clearly established when the violation occurred. In cases where the plaintiff is unable to do both, the defendant receives qualified immunity, preventing the lawsuit against them from proceeding.1

Where we can see the most significant impact of qualified immunity is in instances where a civil violation has been established but fails to “clearly establish” those rights. For officers sued for excessive force, the defense of qualified immunity juxtaposed with the lack of clearly established rights has generally meant that while a police officer did break the law, the law lacks enough clarity for them to be held liable to the plaintiff.2

Since the late 1960s, when the doctrine was developed by the Supreme Court, arguments in favor of qualified immunity claim the doctrine allows law enforcement to make difficult, split-second decisions required in the field without fear of being sued. Other arguments in favor of qualified immunity claim that without the defense, prospective police officers would be deterred from donning the uniform. Arguments against the doctrine claim qual-

While there are police excessive force cases that proceed, the satisfaction of the two-step inquiry does not guarantee or suggest a suit will be successful. Prominent police excessive force cases including State v. Chauvin, 955 N.W.2d 684 (Minn. Ct. App. 2021) and Yanez v. Minnesota, 562 F.3d 958 (8th Cir. 2009) are recent examples of inconsistent outcomes even though the plaintiff was successful in both establishing that a federal or statutory right was violated and that the right was “clearly established.” As the topic of police misconduct remains at the forefront of American conversation, data from the Cato Institute and Pew Research Center shows 63 to 66 percent of Americans support repealing qualified immunity.4

While the challenges qualified immunity present for plaintiffs in cases of excessive police force are not new, continued visibility and public awareness of the defense and its acute and widespread impacts can serve as a catalyst for legislative or judicial action.

Benjamin C. Garcia, Esq., is a personal injury attorney at Osborne & Francis PLLC, an executive board member of the Virgil Hawkins Florida Chapter National Bar Association, and the Immediate Past President of the Paul C. Perkins Bar Association. He has been an OCBA member since 2013.

1Cato Institute, Unlawful Shield, https://www.unlawfulshield.com/frequently-asked-questions-about-qualified-immunity/ (last visited Dec. 16, 2022).

2Cato Institute, Unlawful Shield, https://www.unlawfulshield.com/frequently-asked-questions-about-qualified-immunity/ (last visited Dec. 16, 2022).

3James Craven, Jay Schweikert, & Clark Neily, How Qualified Immunity Hurts Law Enforcement, Cato Institute, https://www.cato.org/study/how-qualified-immunity-hurts-law-enforcement (last visited Dec. 16, 2022).

4James Craven, Jay Schweikert, & Clark Neily, How Qualified Immunity Hurts Law Enforcement, Cato Institute, https://www.cato.org/study/how-qualified-immunity-hurts-law-enforcement (last visited Dec. 16, 2022).

Diversity & InclusionCommittee

Diversity & Inclusion Certification Program

tarting this spring, the Diversity and Inclusion Committee of the OCBA is launching its Diversity & Inclusion Certification Program. The program’s overarching concept was designed by Karen Persis, President of the OCBA. The intended programing is a series of six 3-hour sessions (18 CLE hours) consisting of both training and dialogue on the following topics:

• Part I: Sex Discrimination Issues

• Part II: Black Community Discrimination & Racism Issues

• Part III: Asian American Community Discrimination & Racism Issues

• Part IV: Hispanic Community Discrimination & Racism Issues

• Part V: Differently-Abled Community Discrimination Issues

• Part VI: LGBTQ+ Community Discrimination Issues

Overview

At a high level, the goal of the program is to have participants more informed about issues surrounding diversity and inclusion and their own personal implicit biases. As described further below, each session will feature a moderator and panel of individuals both inside and outside the legal profession, including leaders from each represented community and the broader Central Florida community. Participants will be able to register for each session individually or participate in at least five (5) of the six (6) courses to earn an OCBA Certificate in Diversity & Inclusion Awareness. Individuals who complete the certification program will be able to display a certification seal/logo on their law firm website as an indicator that they are dedicated to acceptance, allyship, and personal growth in order to better serve a broad range of diverse clientele. This is the first time the OCBA will be hosting this program.

Implicit Bias

How you solve a problem depends on how you define it. In our context, implicit bias is the involuntary association of a given perspective or stereotype with a particular group or groups of people. By definition, implicit biases are not accessible through conscious means – instead, they “function automatically, often in ways we would not approve of if we were conscious of how they work.” See (Ret.) Hon. Mark W. Bennett, Introduction to Implicit (Unconscious) Bias, 89 The Advoc. 35, 35 (2019).

It’s a concept most of us are probably familiar with at this point, and one with growing acceptance in literature, mainstream culture, and, increasingly, the courts. But familiarity is hardly enough and breaking bad habits can be tough – particularly ones that we, by definition, aren’t aware of. We’ve seen it before. Someone makes a judgment call or decision that you felt

Sexcluded from. Someone seemingly treats you differently for a reason you can’t quite understand. Someone associates you with a group of people you might not feel connected to yourself. But how does that someone change? How do you convince someone to take actionable measures to combat unconscious prejudices they’re not even aware of? Or more difficult yet, how do you get someone to acknowledge that they may be subject to latent influences potentially out of their control? We’ve long held on to the dogmatic belief that our innate “gut feeling” is something to be trusted – to depart from that instinct is a direct challenge to the reliability of intuition.

Of course, there is no perfect solution for harmonizing intuition and bias. And there may very well never be one. But any effort at reconciliation of these competing concepts necessitates a broad recognition that the perceptions and attitudes we hold have the ability (not necessarily tendency) to shape our conscious intentions. There are different ways to get here and to reach this understanding. Some can pick up on underlying patterns and examine the anecdotal evidence in their own lives for support of their implicit biases. Maybe they’ve noticed something about themselves and the way they might sometimes prejudge issues or people. Others will need a helping hand in recognizing these patterns. One such tool is the Implicit Association Test (IAT). Although the IAT is perhaps imperfect in its reliability and predictive validity, it does offer interesting insight into the subconscious mind. The IAT has multiple variations (such as that for race, gender, disability, age, skin-tone, weight, etc.), all of which can be accessed at https://implicit.harvard.edu/implicit/takeatest.html. It’s a worthy exercise in assessing your immediate belief associations.

Regardless of how implicit biases are revealed, however – whether through self-identification or organized discourse – there is marked utility in confronting these biases, particularly if the interest is to play a role in bettering diversity and inclusion. Diversity and inclusion is a good thing. It’s important. But it’s hard to get there without appreciating the differences between us while acknowledging (and addressing) our own subconscious intolerances. As much as this program is about improving the legal profession and our communities, it is a path of personal growth. We hope that you will join us on this journey.

Program Specifics

Each session will first consist of a panel discussion with a Q&A portion, where panelists discuss the target subject broadly to address issues and concerns in the community. The panelists will include in-house counsel, private practitioners, government attorneys, and the like. The second session will be a “Best Practices” segment, where individuals and organizations excelling in incorporating diversity and inclusion practices are spotlighted and invited to share tips and best practices with participants. Following that will be a small group breakout, where participants and panelists alike will break into small groups to discuss topic “icebreakers,” situational awareness, and action steps for ways to meaningfully promote diversity and inclusion in their own professional

continued page 29

Kenway Wong, Esq.

Legal Aid SocietyWhat We Do...

Orange County’s Trusted Legal Aid –Making Better Communities

he 15th Annual Breakfast of Champions friend-raiser and fundraiser to benefit the Legal Aid Society took place November 17. Emmy Award-winning WESH Newscaster Stewart Moore served as Host and Master of Ceremonies. The event included LAS President Jay Small, Orange County Mayor Jerry Demings, Florida Supreme Court Justice Jamie Grosshans, our 2022 LAS video “Making Better Communities” featuring Executive Director Bethanie Barber, pro bono and staff attorneys, and former clients. Special guests included Nick Shannin, Eric Reed and “Baxter,” and Karen Persis. Nick pointed out that “Blowhard Hurricanes Ian and Nicole couldn’t keep the BOC down,” he was so right.

Regardless of COVID-19 or hurricanes, supporters joined us. This year, the BOC was featured on Orange and Spectrum TV, their affiliates, Facebook Live, Eventbrite, YouTube, and the Orange County Government website resulting in our most significant attendance numbers in 15 years. Our client speakers reminded the community of the critical needs we meet. One client, Maria shared her housing struggle. Maria was employed until she lost her job during the pandemic. Maria struggled financially and, in an effort to survive, left her homeowner association fees unpaid, paying her mortgage and other bills instead. Maria did not think that a homeowner association could evict people. In denial, Maria hoped the problem would go away. However, when served with foreclosure court documents, Maria thought, “okay, it’s serious now.” Then, she contacted the Legal Aid Society for help with her foreclosure court case. Legal Aid Attorney Michael Resnick explained to Maria the legal process, procedures, and the seriousness of the legal proceedings, which could lead to Maria losing ownership of her home. After considerable effort, a more reasonable and realistic payment of $236 per month was obtained. This allowed Maria to retain home ownership. The Legal Aid Society does not halt or stall legal actions for insolvent clients. We offer debt counseling and meet clients where they are, shining a light on their options. Homes are preserved, as was Maria’s. If it is impossible for a client to make payments through a repayment plan, clients leave our office armed with the knowledge of what to anticipate.

TOur housing attorney, with over 35 years of experience, conveys the immediate action steps to be taken or helps clients respond emotionally to eviction or relocation planning before it happens. This leaves a realistic understanding of what is headed one’s way. The counsel provided is compassionate, practical, and necessary, leaving clients with the tools to make those critical next-step decisions. Our housing market is challenging at best and non-existent to most with limited or low-income, forcing families to double up or move out of Orange County’s paradise. Maria’s words best convey one client’s feelings “It brings tears to my eyes. I couldn’t thank him enough because I was so close to losing my home. To lose your home over a mortgage is one thing, but homeowners association fees. Who would think that the homeowners association has that much power to take your home?” Other clients shared their experiences, and we invite you to view those at https://www. youtube.com/watch?v=xm1lazzdq80. Our clients come from low-income zip codes and continue to arrive at our door. Respected and trusted, we are honored to provide legal services. It is our life’s vocation to help people and make better communities. Our goal is to secure equitable access to a robust legal system. That costs money. Seventy-five event sponsors contributed a total of $164,000. Please look at our Sponsor list and consider supporting them with your business.

The 15th Annual Breakfast of Champions wrapped with door prizes, including Fat Cat Gourmet Hot Sauces won by Prinett Sharma, Margaret Giacalone and Betsy King. In addition, John & Sally D.M. Kest won the Opera Orlando tickets, and Emerson R. Thompson, Jr., won two tickets to see Bruce Springsteen. The Legal Aid Society clients, staff and Board could not be any more appreciative. We know that we are the program we are today because of people like you! We thank you and share our clients’ gratitude. You continue to lift us higher each year. Together we are Making Better Communities. You indeed continue to be our forever Champions. For more information contact lthatcher@legalaidocba.org for pro bono related matters or dhaynes@legalaidocba.org for Development opportunities.

Donna Haynes is the Development Director for the Legal Aid Society of the OCBA. Haynes responsible for fundraising and development including limited grants. Serves as logistic event coordinator for large and small fundraising events including the annual Breakfast of Champions. She has been an OCBA member since 2008.

Donna Haynes

OCBA MemberNews

Hearsay

Your life unfolds in proportion to your courage.

– Danielle LaPorte, Author

Honors and Awards

The Honorable Keith White was recently appointed by Governor Ron DeSantis to the newly created Sixth District Court of Appeal.

TThe Honorable Joshua A. Mize was recently appointed by Governor Ron DeSantis to the newly created Sixth District Court of Appeal.

Michael V. Andriano, Esq.

his is my last Hearsay column in The Briefs. Thank you for listening to my anecdotes about life and the myriad of ways I think we can improve our lives both personally and professionally; I hope I have not exhausted you all too much with my words of encouragement since the time I was fortunate enough to have this platform. With that said, I want to leave you all with a final word going into 2023. Merriam-Webster defines “courage” as the “mental or moral strength to venture, persevere, and withstand danger, fear or difficulty.” All of us have courage and we all, at some point in our lives, not that we want to use it, but eventually we may need it. And we need courage to hold onto. To be able to find inner strength and to say, “you know what it’s going to be okay, and courage don’t you dare fail me now.” Indeed, life gives you the tools to find your inner strength, to find courage, and to keep going. The beginning of a year new always brings a renewed sense of excitement, anticipation, hope, and even trepidation. Hold onto courage to embrace new opportunities, overcome doubts, and to keep pushing forward in everything that you do. Once you do, I promise your life will unfold before you in amazing ways. So, in all that you do: keep it real, keep it fierce, and keep it moving.

New Members

Regular and Government

Kelly CLERVEAU

Anne Marie GENNUSA

Mark A. GLASER

John W. KELLER

Christopher NASSEH

Jason M. RANEW

Marcus Ray STEVERSON

William R. TURNER

Donald VAN DINGENEN

Governor Ron DeSantis recently appointed Jill Jacobs and Lourdes Sancerni to be judges of compensation claims in Orlando, Florida. Along with other judges, they will preside over workers’ compensation claims brought in Orange, Lake, Osceola and Seminole counties.

Olivia Walker, Esq., recently joined the firm of ShuffieldLowman in their litigation section. Prior experience includes serving as a prosecutor for the State Attorney’s Office of the Ninth Judicial Circuit, working to prosecute domestic violence felonies and sex crimes. During this time, she represented Florida in over 40 jury trials and was awarded a Champion of Justice award by the County Court Bureau Chief.

Michael V. Andriano, Esq., recently accepted a position as a Career Law Clerk to the Honorable Keith White who serves on the newly created Sixth District Court of Appeal.

Michael V. Andriano, Esq., is a Career Law Clerk to the Honorable Keith White, Sixth District Court of Appeal. He has been a member of the Orange County Bar Association since 2018.

Affiliate

Laura A. BROWN

Margarita GOMEZ

Law Student

Justin W. THOMAS

April 28-30, 2023

OCBA OCBA Member Member Getaway Getaway

Hyatt Regency Grand Cypress

Discounted member rate of $189 / night

Resort fee of $10 per day includes transfers to Disney Springs, access to miniature golf, racquet ball, bike rentals, rock climbing wall, sailboats, paddleboards, kayaks, paddle boats, 10% discount on retail and cabanas, and more!

I’m not sure why I waited so long

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org

Parenting Apps & Other Social

Media Evidence

Noon –1:30 p.m.

In-Person Location: Orange County Bar Association 880 N Orange Ave, Orlando, FL 32801 | Palm Room

Feb. 7, 2023

VIRTUAL ONLY

Feb. 21, 2023

VIRTUAL ONLY

March 7, 2023

VIRTUAL ONLY

Speaker: Kristopher Kest, Pro Bono Attorney, Kimberly Palmer, Family Law Staff Attorney

Earn a tech credit. Learn how to gather and submit electronic evidence from parenting apps, text messages, and social media platforms.

All Hands On Deck

Speaker: Bruce Clukay, Current VAC & Kamia Taylor, VAC Coordinator

In this multifaceted training you will learn (1) how the GAL Volunteer Advocate for Children (VAC) program helps to progress dependency cases and (2) how GAL staff / PBGAL can work collaboratively with VACs to produce more effective advocacy.

Debt Collection Actions in Florida: The Good, The Bad, and All the Rest

Speaker: Jamos Mobley, Senior Housing & Consumer Attorney

In this introductory seminar you will learn about defending against debt collection lawsuits, judgments, garnishment actions and exemptions to garnishment and much more.

Virtual Sessions: Prerecorded and on our Website: www.legalaidocba.org. Alltrainingswillbeavailableto viewonourwebsite.

Questions: info@legalaidocba.org www.legalaidocba.org

YLS distributing gifts at Washington Shores Elementary

Alexa Mena handing gift to student

YLS Charity Holiday Party chairs Dayna Clark, Alice Burgos, and Alex Mena and YLS President Stephanie Alcalde

YLS Charity Holiday Party

Young Lawyers SectionNews

YLS on the Move

YLSbegan 2023 on a good “note.” On January 12, 2023, YLS “sang” its heart out at the Annual Lip Sync for Lungs Live Battle. Our fearless leader Stephanie Alcalde led us into a lip sync battle. The YLS team took home the Judges’ Choice and Audience Choice awards. We were able to raise funds for the American Lung Association. Thank you to the attendees, volunteers, and sponsors who helped us to reach our fundraising goal.

The next day, on January 13, 2023, YLS held its first luncheon of 2023. Tara Tedrow, Esq., Shareholder at Lowndes, gave an informative presentation on the new cannabis and controlled regulations in Florida. Thank you Tara for such an amazing presentation!

On January 20, 2023, YLS hosted its long-awaited Annual Golf Tournament at the beautiful Omni Orlando Resort at Champions Gate. Players dusted off their clubs and went head-to-head for 18 holes. Awards were given to the winners. The event was amazing! Thank you to chairs Sean Mendez-Catlin, Jacob Schumer, and Ayana Barrow for organizing this incredible event. Special thank you to our sponsors and participants.

Stay tuned to our social media as we have a lot of great spring events for everyone! Be on the look out for Evening With the Judicairy, Great Oaks Village Field Day, health and wellness activities, social events and more!

Don’t forget to follow us on Facebook, Instagram, and Twitter for more updates! If you attend any of our events, tag us @ocbayls and #togetherwegofar.

Upcoming events:

02/10/2023 – Federal Practice for the Occasional Practitioner

CLE with Federal Bar Association

02/11/2023 – Putt Putt Tournament

4/1/2023 & 4/14/2023 – Wills for Heroes

YLS Eboard at Charity Holiday Party

Vaughn G.S. Glinton, Esq., is an attorney with Jackson Lewis P.C., where he practices employment law. He has been a member of OCBA since 2017.

Vaughn Glinton, Esq.

YLS and Paul C. Perkins Eboards with panel at Joint Luncheon

The Orange County Bar Association (OCBA) encourages all members to use 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 Preferred Vendor , contact our Advertising & Sponsorship Department.

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Summary, Medical Records Summary, Contract Lifecycle Management, Multiple Data-Intensive Paralegal Services, and more. OCBA members will get a special 15% discount on the total invoice value of the project. Write us at info@draftncraft.com or call us at +1.646.367.6958 & 6975.

FirmPro – by C&R Insurance Services, LLC helps protect law firms with 1-9 attorneys and offers a discounted rate to attorneys averaging less than 26 billable hours per week. With 17 years of experience, we bring our knowledge and access to Hudson Insurance Group (rated an “A” Excellent admitted carrier) to Florida attorneys. To get a quote, please visit: www.insuringlawyers.com/ get-insurance-quote.

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

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National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. Visit mynpp.com/association/ocba/

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.

For complex immigration matters made simple, this is where you want to

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

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.

Stovash, Case & Tingley

2-9 Members

Anderson & Ferrin, Attorneys at Law, P.A.

Artemis Family Law Group, PLLC

Aust Law Firm

Barrister Law Firm, P.A.

Barry Miller Law

Carr Law Firm, P.A.

Compass Law

Culbertson Law Group

Davey Law Group, P.A.

Debra Wilkinson Botwin, LLC

DeCiccio & Johnson

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Divine & Estes, P.A.

Fassett, Anthony & Taylor, P.A

Flammia Elder Law Firm

Forward Law Firm P.A.

Gasdick Stanton Early, P.A.

GoodBlatt – Leo

Green Family Law, P.A.

Haliczer Pettis & Schwamm Attorneys at Law

Harris Harris Bauerle 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.

Lebron Law PLLC

Marcus & Myers, P.A.

McMichen, Cinami & Demps PLLC

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

N. Diane Holmes, P.A.

O’Mara Law Group

Page & Eichenblatt, P.A.

Perez LaSure, LLC

Rebecca L. Palmer Law Group

Sawyer & Sawyer, P.A.

Schwam-Wilcox & Associates

SeifertMiller, LLC

Shannin Law Firm, P.A.

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 & DeLattre, P.A.

Wilson McCoy, P.A.

Wooten Kimbrough, P.A.

Yergey & Yergey, P.A.

Voluntary BarNews

SideBar

We are now two months into the new year and our voluntary bar associations have been hard at work to make 2023 their best year yet!

The Greater Orlando Asian American Bar Association

On December 14, 2022, the Greater Orlando Asian American Bar Association (GOAABA) attended and sponsored the Asian American Chamber of Commerce’s Holiday Celebration which took place at Orlando International Airport’s Train Station. Then on December 15, 2022, GOAABA hosted a Holiday Party at Hawkers.

The Central Florida Association for Women Lawyers

The Central Florida Association for Women Lawyers (CFAWL) began the new year by hosting their first luncheon of the year on January 6, 2023. The luncheon featured Sara Brady, a former

reporter and current crisis management specialist who serves as a frequent subject matter expert for national news media. She discussed the best practices for lawyers interacting with reporters and spotlighted some of her most interesting stories from high-profile crisis communications work.

Then on January 16, 2023, Judge Tom Young and his husband, Tom Jaeger hosted the first CFAWL Table for 8 of the new year. The evening featured a wonderful Italian dinner featuring Jaeger’s family recipes from the Puglia region of Italy.

The very next day, on January 17, 2023, CFAWL brought back the super popular, “Cooking with the Court” online session. The Honorable Diana Tennis, Heather Pinder Rodriguez, and Barbara Leach hosted a zoom session where they taught attendees how to make a New Years-inspired healthy meal.

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 has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

Alena V. Baker, Esq.

GOAABA AACC Celebration

Diversity & InclusionCommittee

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settings. A large group session will close to discuss findings from the small group breakout session and to address any final remarks.

If you would like to learn more about the Diversity & Inclusion Certification Program or participate in same, please contact Kenway Wong (kenway.wong@akerman. com), Ayana Barrow (ayanakbarrowesq@ gmail.com), and Michael Andriano (andrianom@flcourts.org).

Kenway Wong, Esq., is an attorney at Akerman LLP focusing on commercial, real estate, and international litigation. Wong is chair of the Diversity & Inclusion Committee of the OCBA and a past president of the Greater Orlando Asian American Bar Association (GOAABA). He has been an OCBA member since 2018.

The Legal Limit is the official podcast of the Orange County Bar Association, Inc.

The Legal Limit brings you one-on-one interviews with the people shaping our Central Florida community.

GOAABA Holiday Party

CLASSIFIED ADS

ANNOUNCEMENTS

NEW Category! Place advertising on new partnerships, employee promotions, and thank you listings to exemplary employees, assistants, paralegals, etc.

Contact Ursla Gallagher to place your ad today!

407-422-4551, Ext. 244 or urslag@ocbanet.org

EMPLOYMENT

ATTORNEY WITH ZERO TO FIVE YEARS’ EXPERIENCE NEEDED IMMEDIATELY FOR BUSY WINTER GARDEN LAW FIRM. Primary focus is commercial transactions, litigation and family law. Competitive salary and benefits. Must be a member of the Florida Bar and willing to work on site. Send resume, salary requirements and availability to rsikes@sikeslawgroup.com.

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.

DOWNTOWN ORLANDO LAW

OFFICE SEEKING A 5+ YEAR

FULL-TIME LITIGATION PARALEGAL with experience in insurance defense and/or plaintiff’s personal injury litigation. Benefits and salary are based on experience. E-mail your resume to: dianna@vasko.net

DOWNTOWN ORLANDO LAW

FIRM seeking a BI Insurance Defense trial paralegal. Starting salary of $95,000 annually with a $5,000 signing bonus. All applications will be kept confidential. Please send resumes to mheaberlin@gobelflakes.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

EXPERIENCED COMMERCIAL

LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attorney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstanding opportunity to join growing law firm. Great team environment. Competitive salary and benefits. Email resume to mary@boginmunns.com

EXPERIENCED LITIGATION

ATTORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom. Will be responsible for handling a caseload assigned by the firm, as well as developing their own clients. Attorney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and trying cases. This is a unique opportunity to advance and grow a practice within a practice. Candidate must be a self-starter, motivated, enthusiastic, and creative. We like out-of-the-box thinking when approaching our cases. Salary has unlimited potential because the position is a combination of base pay plus a percentage of fees recovered. The firm offers health insurance, disability insurance, dental, optical and life insurance. 401(k) and profit sharing is also included. Candidate should submit a resume, and cover letter to jbridges@ brehnelaw.com

The Marks Law Firm is seeking an experienced Family Law Paralegal to provide a range of legal support to our Team and Attorneys. We are looking for someone with good communication skills, Client services oriented, and strong attention to detail and accuracy to join our close-knit team. Please check out our website www.markslawfla.com and send resumes to kathy@markslawfla.com.

FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAITLAND, FL is searching for a Legal Assistant. The firm handles first-party property/liability coverage issues. Insurance defense and strong litigation experience preferred. Experience with calendaring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery matters Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

GROWING ORLANDO AV RATED CIVIL LITIGATION FIRM SEEKING TWO ATTORNEYS one with 2-5 years experience and one with 5 to 10 years experience. Prior trial experience is a plus. Excellent salary and benefits. Please send resume in confidence to Gary@vasko.net.

INSURANCE DEFENSE FIRM handling first-party property/ liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/ Mail resume to Office Manager jmccallister@rocklawpa.com , (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

OUR FIRM IS LOOKING FOR A SUPERSTAR TO ADD TO OUR QUICKLY GROWING EMPLOYMENT DEPARTMENT. An ideal candidate is one who has a passion for helping people, especially those who have experienced problems on the job. Our firm is rapidly growing due to the terrific results that we have obtained for our clients. Therefore, we are

in need of an attorney that can litigate negotiate favorable settlements, generate cases, and make clients happy. We are not offering a job, but an opportunity. Email us at: cleach@theleachfirm.com and aosorio@theleachfirm.com why you would be a great addition to the team.

FOR SALE OR RENT

HISTORIC LAKEFRONT BUILDING DOWNTOWN ON LAKE LUCERNE has office spaces/suites available, great parking right outside the office, conference rooms, and shared receptionist available; 407 386 1900 or email inquiries Seichenblatt@ floridalawonline.com/ see photo link: https://bit.ly/OfficeSpacePhotos.

2680 SF OFFICE SPACE AVAILABLE located on beautiful Lake Eola. Fully renovated suite with 5 private offices or conference rooms, 4 secretarial stations, located one block fro the Orange County Courthouse. Amenities include common breakroom and reception services. For further information, please call: (407) 843-2111 or email: Lskinner@fisherlawfirm.com

CLASS A OFFICE SPACE FOR RENT – located in the heart of downtown Orlando at the Plaza building. Furnished for attorneys and assistants. All office amenities included. Great views with balcony. Call 407-999-9955 or email inquiries to jsherris@ sherrislegal.com or receptionist@sherrislegal.com.

SPACE FOR RENT – Colonialtown South, Orlando. Contact Aaron Swiren, 407-898-7303. Immediate availability.

EXECUTIVE SUITE with (or without) secretarial station in downtown Winter Park. Suite includes internet, telephone, copier/scanner, Video Conferencing, reception area, use of two conference rooms and possible referrals. Executive Suite $1,000 per month ($1250 w/secretarial station). Suite and Secretarial station are unfurnished, but may make arrangements to furnish if necessary. Contact cmorrison@winterparklegal.com.

FEBRUARY - MARCH 2023

OCBA February Luncheon

Speaker: Deborah Enix-Ross, ABA President

Thursday, February 23, 2023

11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando 191 E. Pine Street, Orlando 32801

RSVP by February 20 // orangecountybar.org/store

Title Sponsor: Florida Lawyers Mutual Insurance Company

MARCH

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Please note that live OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or canceled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.