Orange County Bar Association - The Briefs - March 2020 by Orange Co Bar Association Orlando

A Publication of the Orange County

Bar Association

Keshara D. Cowans, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award The Honorable Karen S. Jennemann James G. Glazebrook Memorial Bar Service Award N. Diane Holmes, Esq. William Trickel, Jr. Professionalism Award

Inside Insidethis thisIssue: Issue: President’s President’s Message Message AThe Somber butofPerhaps Well-Needed Courage an Unpopular Voice Creates a Human Rights Champion… Reminder of an Important Life Lesson and He Lives in Our Anthony F. Sos, Esq. Backyard Anthony F. Sos, Esq.

March 2020 Vol. 88 No. 3

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Labor & Employment Professionalism Committee Law Committee Florida’s Public Whistleblower Act Our Reputation Precedes Us Gets Emotional Robert W. Borr, Esq. Christopher A. Pace, Esq.

Diversity Inclusion Committee Lauren&R. Robertson, Esq. Words Unspoken Legal Society Ahmad S. Aid El-Gendi, Esq.News

Professionalism Committee Cold Toes and Warm Hearts Annual Breakfast of Champions OCBA 2020 Professionalism Award Recipients 12thDonna A. Haynes

Your Medical Malpractice Attorneys Contact us for co-counsel opportunities

SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Orlando 407 841 9866 theBriefs March 2020 Vol. 88 No. 3

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Fort Lauderdale 954 523 9922

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the Briefs

Contents 3

President’s Message A Somber but Perhaps Well-Needed Reminder of an Important Life Lesson Anthony F. Sos, Esq.

Editor Kate T. Hollis

OCBA's Got Talent

18-19

Associate Editors Karen L. Middlekauff & Robyn M. Kramer

OCBA January Luncheon

Hearsay Columnist Linnea M. Eberhart

In Memoriam Catherine A. Tucker, Esq.

SideBar Alena V. Baker

Clerk’s Corner Marsy's Law Notice of Confidentiality The Honorable Tiffany Moore Russell

Voluntary Bar News SideBar Alena V. Baker, Esq.

Professionalism Committee OCBA 2020 Professionalism Awards Recipients

w OFFICERS Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Karen L. Persis, Secretary

OCBA April Luncheon Your Vote, Your Voice, Our Democracy: The 19th Amendment

Chief’s Column Leadership in the Court – Be in the Know! The Honorable Donald A. Myers, Jr.

Elder Law Committee Complying with SSA's New SNT Fee Approval Rule Christian N. Horde, Esq., LL.M.

Labor & Employment Law Committee Florida's Public Whistleblower Act Gets Emotional Christopher A. Pace, Esq. Lauren R. Robertson, Esq.

Special Mary Ann Etzler, Esq., Receives Florida Supreme Court's 2020 Tobias Simon Pro Bono Service Award OCBA Member News Hearsay Linnea M. Eberhart, Esq.

The Florida Bar News Court Moves to Approve Rulemaking Process

Paralegal Post OCBA Paralegals Help New Hope for Kids! Christopher S. Tribbey, Esq.

New Members

Events & Seminars Classifieds

Calendar

Legal Aid Society News Cold Toes and Warm Hearts Donna A. Haynes

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication 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 photo: Flo Boehm, Boehm & Boehm Forensic Media Consultants ISSN 1947-3968

w EXECUTIVE COUNCIL Jared A. Brooks Euribiades Cerrud, II Keshara D. Cowans Amber N. Davis Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Fermin Lopez Gary S. Salzman Jessica A. Travis William D. Umansky M. Ryan Williams Richard S. Dellinger, Ex-officio C. Andrew Roy, YLS President

Legal Aid Society Teaching Tips Taxes Make a Difference Laura M. Gutierrez, Esq.

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YLS on the Move Andrew P. Irvin

Young Lawyers Section News YLS on the Move Andrew P. Irvin, Esq.

www.orangecountybar.org

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

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

March 2020 T

A Somber but Perhaps Well-Needed Reminder of an Important Life Lesson

he inspiration of this message follows two tragic events: the unexpected passing of my father on Christmas Eve, and the helicopter crash that took the life of Kobe Bryant, his daughter, and seven others. I wasn’t planning to write about my father’s death in this column. But I was moved to do so when I heard Shaquille O’Neal’s tearful tribute to Kobe Bryant. It reminded me of the importance of that obvious but Anthony F. Sos, Esq. quickly forgotten lesson we are taught each time we witness or endure unexpected tragedy. Once you read this, it will have been about a month and a half after the incident that took the lives of not only Kobe and Gianna Bryant, but the seven other individuals on board. The deaths of those fathers, daughters, mothers, and coaches have left many in California and across the globe heartbroken. In the following days and weeks, many contemporaries have strived to pay proper tribute to the legend and person who was Kobe Bryant. I watched the tears that streamed down the face of 7’1”, largerthan-life basketball superstar O’Neal as he confessed this life lesson: We up here, we work a lot. And a lot of times we take stuff for granted. Like, I don’t talk to you guys as much as I need to. . . . It definitely changes me. Because I work a lot, you guys know what I do. I work more than the average guy but I really have to take time to call and say “I love you.” … So I’m going to try to do a better job of reaching out and talking to people. Because you never know. My take away from O’Neal’s tribute: A reminder that it doesn’t matter how busy we are or how hard we work, we should make the time to connect with the people we love and care most about. Losing my father unexpectedly on Christmas Eve was tough. I know many of my friends and colleagues have endured similar losses. It’s never easy. And as many of you appreciate, life doesn’t have a hold button. The demands of work remain even as we try to sort affairs, comfort family members, and manage our own grief. I have taken particular solace, though, in one of the final, beautiful moments I was blessed to share with my dad. Of course, I didn’t know then that he would pass away less than six hours later. I have a large family, and we try to spend a lot of time together. Many occasions are boisterous, loud, and happy. Consequently, although I reached out to my dad often, there weren’t many opportunities where just the two of us had a lot of one-on-one time. But the night before his passing, I stopped by with the intention of only staying for a brief 15-minute visit. He asked me to sit out on the patio for a while with him to spend some time together. That brief visit ended up turning into a much longer one than expected. We had a real heart-to-heart talk, and I felt more connected with him than I ever had. When I left, he told me he loved me. This was not something my dad said lightly or often. Indeed, although I always felt his love, he rarely expressed it in this theBriefs March 2020 Vol. 88 No. 3

way. I had noticed, though, that he had been saying it with more frequency of late. I responded in kind, and we hugged. I enjoyed our time together so much that I actually told my family once I got home what a great night I had with my dad. Hours later, I would get that unexpected call. As hard as the experience was, I did have a measure of peace because our last visit was so meaningful. You may not be the type of person who is comfortable saying “I love you.” That’s okay. There are other ways to “reach out” as O’Neal put it. Perhaps a heartwarming, poetic example of this was one of Kobe’s last acts on earth, when he himself reached out to a young per– Shaquille O’Neal son whom Kobe suspected could perhaps benefit from a random act of kindness. That person was none other than O’Neal’s son, Shareef. Shareef had recently announced his intention to leave the UCLA Basketball program. Anticipating that Shareef may have been struggling with that life change or the publicity surrounding it, Kobe sent a text to Shareef just to make sure he was okay. Despite the time demands placed on someone with his fame, Kobe nevertheless made the time to reach out to Shareef – a small gesture made only hours before the helicopter crash that took his life. This extension undoubtedly meant a great deal to both O’Neal and his son. Your own “reach out” does not have to coincide with someone else’s life-changing event. The time and attention we give is what matters. It might be that you genuinely want to see how someone is doing, or that you want to spend time with them for no specific reason at all. I am not suggesting every time we talk to someone we have to approach it as if it might be the last. I’m simply observing that grief is hard enough without the regrets that so often closely follow. I have often commented on how busy our lives are and how much we juggle. Lawyers are not alone in this. To varying degrees, everyone struggles under worldly demands. But in the midst of the crazy hustle and bustle, my hope is that we all do better in staying connected with the people we care most about. In many “President Messages” I have tried to share uplifting and inspiring stories. What does this message have to do with the law and our profession? Perhaps not squarely on point, but we are human and we share these raw emotions of life together. This bar is like a family. We’ve celebrated together; we’ve mourned together. Let’s also, from time to time, remind each other of what truly matters.

“Because I work a lot, you guys know what I do. I work more than the average guy but I really have to take time to call and say ‘I love you.’… So I’m going to try to do a better job of reaching out… Because you never know.”

Anthony F. Sos, Esq., is a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. He has been a member of the OCBA since 2005.

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Clerk’sCorner Marsy’s Law Notice of Confidentiality

n November 2018, Florida voters passed Amendment 6, also known as Marsy’s Law for Florida (“Marsy’s Law”), which created a constitutional right for victims of crimes to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family. However, Marsy’s Law did not include any additional legislative guidance on implementation. Consequently, counties and circuits across the state have resorted to the development of local solutions to ensure victim information and records are maintained in compliance with Marsy’s Law. To develop a local solution for Orange County, my office has collaborated with the Office of the State Attorney for the Ninth Judicial Circuit and several local law

enforcement agencies to develop a process to prevent the disclosure of information and records of victims who have exercised their rights pursuant to Marsy’s Law in Orange County. Whether a request to invoke Marsy’s Law comes from an attorney, law enforcement, or a victim, a Victim Request for Confidentiality Form can be filed in the case. Once filed, my office will only make documents in the case available upon request. If a deputy clerk receives a request to view documents included within the victim’s case, the requested documents will be manually redacted first before being made available for viewing by the public. This process can be completed at any of the five Clerk of Courts locations, or by filing the Notice to Determine Confidentiality form through the E-portal. I hope you will find this process efficient and effective. In the meantime, my office will be monitoring the developments of the Rules of Judicial Administration Committee and any decisions made by the Florida Supreme Court that may impact this local solution for Orange County. The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.

InMemoriam

e pay special tribute to the recently retired OCBA Legal Aid Society Deputy Director and Pro Bono Coordinator, Cathy Tucker, who passed away peacefully on January 25, 2020. Cathy served the Legal Aid Society for nearly 33 years. Cathy propelled our county’s pro bono program from less than one-third participation to nearly full-member participation. She accomplished this feat by building relationships with OCBA membership, ultimately increasing the number of available pro bono programs based on our community’s needs and the commitment of thousands of dedicated attorneys. She also kept Legal Aid on the cusp of tech-

Anthony F. Sos, Esq. President Orange County Bar Association

nological advancement, transitioning Legal Aid from paper to an entirely electronic system. As Mary Anne DePetrillo, recently retired Legal Aid Society executive director and long-time friend of Cathy said, “Cathy’s legacy in building pro bono was a great gift to our community and bar members.” Anyone who worked with Cathy knows how passionate she was about her service to the Legal Aid Society and the clients we serve. Cathy was a true cat lover, loyal Florida Gator, scrapbooker, and all-around sports nut, Serena Williams and the New York Yankees among her favorites. While Cathy’s departure leaves a noticeable void, her memory leaves us with an overwhelming determination to always push for more, for ourselves and for our community. Cathy is survived by her sister, Irene Hutchinson and her husband, Fred Hutchinson, her niece, Rebecca Hernandez, and her niece’s husband, Jose Hernandez. We offer our sincerest condolences to Cathy’s family and the entire Legal Aid Society community.

Bethanie A. Barber, Esq. Executive Director Legal Aid Society of the Orange County Bar Association, Inc.

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ProfessionalismCommittee

OCBA 2020 Professionalism Awards Recipients

he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, writing articles for The Briefs, and reaching out to local law schools, elementary, middle, and high schools and the community with activities that promote the profession and our system of justice. Through our annual professionalism awards, we recognize three members of the legal community whose practice, service, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate. The following individuals are this year’s awards recipients. The Honorable Karen S. Jennemann

N. Diane Holmes, Esq.

2020 James G. Glazebrook Memorial Bar Service Award The Honorable Karen S. Jennemann was appointed to the United States Bankruptcy Court for the Middle District of Florida, Orlando Division, in November 1993 and served as chief judge from October 1, 2011 until September 30, 2015. She continues to serve in the bankruptcy court. Prior to her appointment, Judge Jennemann was a shareholder in the law firm of Mahoney Adams & Criser, P.A., Jacksonville, Florida, where she specialized in bankruptcy law, and an associate at Smith Hulsey & Busey, Jacksonville, Florida. She also served as a law clerk to the Honorable

2020 William Trickel, Jr. Professionalism Award N. Diane Holmes, Esq., began her career as a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc., where her primary responsibility was to implement and expand the Guardian ad Litem program. Later, she was an associate in a small law firm before opening her own practice more than 35 years ago. She achieved board certification in marital and family law and is a Fellow of the American Academy of Matrimonial Lawyers. Ms. Holmes excels in and promotes excellence in the practice of family law. She was introduced to the process of collaborative

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Orange County Bar Association 2020 Professionalism Awards Presentation & Reception Thursday, March 26, 2020  3:00 p.m. - 5:00 p.m.

Orange County Courthouse Jury Assembly Room 425 N. Orange Ave., Orlando, Florida 32801 Please join us in honoring the recipients of this year’s professionalism awards Keshara D. Cowans, Esq.  Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award N. Diane Holmes, Esq.  William Trickel, Jr. Professionalism Award The Honorable Karen S. Jennemann  James G. Glazebrook Memorial Bar Service Award Keynote Speaker: Dori Foster-Morales, Esq., The Florida Bar President-Elect Each of the recipients will be giving brief remarks, and a reception will follow. We invite all OCBA members and their guests to attend this special event at no charge. Attendance during the remarks provides 1.0 CLE, including 1.0 ethics, pending.

RSVPs are required by March 23, 2020 Register at the OCBA Store (Reminder: There will be no OCBA Luncheon in March.)

Keshara D. Cowans, Esq.

2020 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award From 2008 to 2019, Keshara D. Cowans, Esq., served as counsel for The Florida Bar, where she was responsible for the investigation of complaints against attorneys accused of violating the Rules Regulating the Florida Bar. She handled all phases of the disciplinary trial, including filing appellate briefs with the Florida Supreme Court. Ms. Cowans recently accepted a position as the EEO/Equity and Title IX Officer at Orange County Public Schools, where, among other things, she is responsible for OCPS’ compliance with all state and federal equal employment legislation and regulations, Title IX regulations, and education equity regulations. She also serves as the legal advisor to the OCPS District Police. Ms. Cowans serves or has served the profession in various capacities, including the OCBA Executive Council; president of the OCBA Young Lawyers Section; Board of Trustees of the Legal Aid Society of the OCBA; Paul C. Perkins Bar Association; and Board of Directors of the Central Florida Association for Women Lawyers. Her pro bono involvement includes work on the Teen Parent Education Program. Her honors include receiving the OCBA Presidential Leadership award; the Florida Association for Women Lawyers Leader in the Law award; the Florida State Alumni Association Thirty Leaders under 30 award; and the National Bar Association Nations Best Advocates 40 Lawyers Under 40 award. In nominating Ms. Cowans, Wayne Helsby, Esq., a member of The Florida Bar Board of Governors who oversaw two Ninth Circuit grievance committees, finds continued page 8

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EMPLOYMENT MEDIATION

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OCBA LuncheonThursday, April 23, 2020 Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100

n 2019-2020, the United States is commemorating the centennial of the transformative constitutional amendment that guaranteed the right of citizens to vote would not be denied or abridged by the United States or any state on account of sex. American women fought for, and won, the vote through their voice and action. The women’s suffrage movement forever changed America, expanding representative democracy and inspiring other popular movements for constitutional change and reform. Yet, honest

reflection on the suffrage movement reveals complexity and tensions over race and class that remain part of the ongoing story of the Nineteenth Amendment and its legacies. Please join us as we acknowledge the work of outstanding students, parents, and community leaders during our annual Law Week Luncheon, hosted by the OCBA’s Law Week Committee. Law Week at the OCBA spans several months and includes Big Bad Wolf Mock Trials, Pathways in Law, A Day in the Life of a Judge, a Poster and Speech Contest, the presentation of the Liberty Bell Award to a community leader, the Liberty Shield Award to a first responder, and the Liberty Apple Award to a teacher, and a Naturalization Ceremony.

Embassy Suites by Hilton Downtown Orlando Thursday, April 23, 2020

Supporting Sponsors: Florida Lawyers Mutual Insurance Company LexisNexis Orange Legal –A Veritext Company Seacoast Bank Special Counsel The Tyson Smith Group of Raymond James Universal Property & Casualty Insurance Company

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11:30 a.m. – 1:00 p.m. 191 E. Pine St., Orlando, FL 32801 Co-host: OCBA Law Week Committee Please RSVP by Monday, April 20, 2020 www.orangecountybar.org/store RSVPs and CANCELLATIONS will not be accepted after April 20. To cancel, contact Stephanie Sadi at stephanies@ocbanet.org

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ProfessionalismCommittee

N. Diane Holmes, Esq.

continued from page 5

The Honorable Karen S. Jennemann

2020 James G. Glazebrook Memorial Bar Service Award (continued) Robert Doumar, United States District Court for the Eastern District of Virginia, Norfolk Division. Ryan E. Davis, Esq., a member of the selection committee, notes that Judge Jennemann is an “exemplary jurist with a steady, calm temperament, whose tenure has been defined by her devotion to the legal community and commitment to professionalism. She regularly volunteers to speak at luncheons, the annual seminar for the local bankruptcy law association, the OCBA Bench Bar Conference, and the annual View from the Bench seminar in Tampa, among other events. She’s even hosted family days at the courthouse, highlighted by mock trials for the local bankruptcy bar and their children.” Jules S. Cohen, Esq., remarks that “Judge Jennemann brings to the bench a keen intellect and an ability to get to the heart of matters and is respectful to attorneys, parties, witnesses, and court staff. When she was [appointed] chief judge of the Middle District, the first thing she did was go on a ‘listening tour.’ She visited with judges, clerks, bankruptcy trustees, and the U.S. Trustee in all of the divisions to listen to how the court was functioning, what the problems were, and ideas people had for solutions.” Mr. Davis states that Judge Jennemann implemented a “vision of uniformity, which has absolutely enhanced the practice for bankruptcy attorneys throughout the Middle District... Her vision has led to ‘The Source,’ which is a comprehensive online resource guide for bankruptcy practitioners, including a procedures manual, forms, case digest, and a style guide, among other things.” Mr. Cohen also remarks on Judge Jennemann’s vision, noting that her “work in bringing about uniformity of practice in the Middle District was truly revolutionary.” Jason W. Johnson, Esq., lauds Judge Jennemann, saying that she has “consistently gone above and beyond to provide service and support to the legal profession. She was instrumental in the creation and fostering of the Middle District of Florida Bankruptcy Pro Se Assistance Clinic, and BLES, the Bankruptcy Law Educational Series Foundation, Inc., a 501(c)(3), which promotes bankruptcy legal education and funds pro se and other public service projects related to bankruptcy.” Judge Jennemann’s accomplishments as a judge were recognized in 2014 when she was elected to membership in the American College of Bankruptcy. Additionally, she is the 2020 recipient of the Chief Justice’s Distinguished Federal Judicial Service Award, awarded by the Florida Supreme Court. Judge Jennemann received her juris doctor degree from the Marshall Wythe School of Law at the College of William and Mary, Williamsburg, Virginia, a master’s degree in liberal studies from Rollins College, and received her undergraduate degree from Northern Arizona University in Flagstaff, Arizona.

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2020 William Trickel, Jr. Professionalism Award (continued) family law through her involve- a client to me who had no ability ment in the American Bar Asso- to pay legal fees. Without fanfare, ciation Family Law Section and Diane paid them.” became a founding member of the Wendy L. Aikin, Esq., notes that Collaborative Family Law Group Ms. Holmes “always works for of Central Florida. Additionally, the benefit of her clients and their she was a member of the Ninth families... you will not ever find Judicial Circuit Commission on her taking advantage of a ‘gotcha’ Domestic Relations Courts and moment.” She continues: “Many was the driving force behind estab- among us are satisfied to be good lishing the Central Florida Family lawyers. For Diane, that is just a Inns of Court. baseline to excel.” A two-time breast cancer survi- CFAWL members agree that Ms. vor, Ms. Holmes volunteers with Holmes “loves the practice of the local chapter of the American law, loves what she does, and has Cancer Society Reach to Recovery boundless energy to encourage program, which provides support young lawyers, providing internand training to individuals who ship opportunities to local law stuare coping with breast cancer. She dents.” She further supports law participates in fundraising events students and attorneys with stress and even appears at runs with her and addiction problems through trademark pink hair. Attorneys her work with the Florida Lawyers who nominated Ms. Holmes re- Assistance Program, one of the marked that her passion for breast most rewarding commitments of cancer awareness and fundrais- her career. ing is “unparalleled” and that her service has been “nothing short of Among other boards and associations, Ms. Holmes sits on the extraordinary.” Seminole County Family Law Ms. Holmes was nominated by Advisory Group, the American the Central Florida Association for Cancer Society Volunteer LeaderWomen Lawyers, an association of ship Council – Central Florida, which Ms. Holmes was a founding and was selected a 2012 Summit member. Colleague Ava K. Dop- Award recipient by The Central pelt, Esq., says it best: “In my expe- Florida Women’s Resource Center. rience, Diane is generous, enthusiastic, kind, and knowledgeable, all Ms. Holmes is a 1979 graduate of hallmarks of professionalism.” She the University of Florida Fredric recalls one demonstration of these G. Levin College of Law. qualities, saying “Diane referred Keshara D. Cowans, Esq.

2020 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award (continued) Ms. Cowans to be “very thorough every accused attorney with “courin her knowledge... and extremely tesy and respect, regardless of the professional in her approach.” He underlying circumstances or benotes that she is “not only excep- havior.” tionally bright, but a delightful Tad Yates, Esq., comments on person.” Ms. Cowans’ work ethic and good Patricia Savitz, Esq., who often judgment, noting that she is “alserved as co-counsel with Ms. ways prepared, thoughtful, and Cowans at The Florida Bar, notes conscientious.” that Ms. Cowans is an “outstand- Ms. Cowans received her bachelor ing example of a young lawyer who of science degree in criminology consistently handles all aspects of from Florida State University in her practice with the utmost pro- 2004 and her juris doctor from fessionalism and courtesy.” She Florida State University College of remarks that Ms. Cowans was “al- Law in 2007. ways mindful of the humanity in each and every case” and treated

www.orangecountybar.org

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Chief’sColumn Leadership in the Court – Be in the Know!

onnecting with the legal community has been one of the best outcomes of the Ninth Circuit’s foray into social media. Sharing the work of the courts, the successes of the circuit, and our impact on the community has allowed us to cultivate connections and conversations that would have been impossible before the advent of these platforms. The Honorable I was surprised to learn that one of our most successful social Donald A. Myers, Jr. media posts at the start of this Chief Judge year was the announcement of Ninth Judicial Circuit Court the 2020 administrative judges. However, its success made me wonder just how many members of our legal community missed this announcement because they are not following the Ninth Circuit on Facebook or Twitter. Social media is designed precisely to help keep us connected and to disseminate pertinent information. Knowing that many of you may have missed the opportunity to learn about our administrative judges online, I decided to make the announcement again on this analog platform. As many of you know, Rule 2.215 of the Florida Rules of Judicial Administration allows the chief judge to “designate a judge in

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any court or court division of circuit or county as administrative judge of any court or division to assist with the administrative supervision of the court or division… The designee…shall have the power and duty to carry out all the responsibilities assigned by the chief judge.” Taking on an administrative role is a genuine expression of commitment to the courts and the law. I have the deepest appreciation for all these judges, and the judges before them, for stepping up to this role. There is no added compensation or benefit. It is pure passion for the administration of justice in our community. And, the success of the social media announcement reminded me of how important our shared commitment to law is and how social media allows us the opportunity to celebrate that commitment. If you haven’t already taken the opportunity to get to know this year’s administrative judges, I invite you to visit their pages on the Ninth Circuit’s website – www.nithcircuit.org. And if you aren’t following the circuit on social media, I invite you to do so. Find us on Facebook and/or Twitter @NinthCircuitFL and cultivate connections with the courts and legal community. The Honorable Donald A. Myers, Jr., is the chief judge of the Ninth Judicial Circuit. He was elected to the Circuit Court for Orange and Osceola counties in 2010 and served in many capacities in the circuit, most recently as a circuit court judge assigned to the domestic division and as the administrative judge for appeals to the circuit court. He has been a member of the OCBA since 1980.

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Elder LawCommittee Complying with SSA's New SNT Fee Approval Rule Author’s Note: Following submission of this article, the SSA archived the new POMS GN 03920.007. However, concern still remains that SSA’s position that services unrelated to direct work before the agency by non-representatives, such as attorneys drafting SNTs, will require fee approval. The SSA is expected to meet with concerned organizations, such as NAELA, to discuss the issues raised with these new POMS. It appears Christian N. Horde, Esq., LL.M. that the SSA does plan to go back to the drawing board, given the concerns and confusion raised about the examples. Until then, attorneys should be prepared for further updates as these rules may come back in a new form, for better or for worse. The following explains the rules that were briefly in effect, the many ongoing concerns the legal community has with them, and what the future may hold.

n June 25, 2019, the Social Security Administration (“SSA”) issued a new rule under the Program Operations Manual System (“POMS”), effective the same date. The rule is found under POMS GN 03920.007 and is titled “Legal and Specialized Services Not Subject to Fee Authorization.”1 Generally, the SSA must authorize a representative’s fee when the representative’s services are performed “in connection with” a claim before the agency.2 This new POMS rule is designed to address what services might be considered “in connection with a claim.” Paragraph B lists types of services that may not (or may) require fee authorization, which includes “establishing a trust account.”3 Paragraph C lists services that generally require SSA to authorize fees, but does not mention trusts. This new rule, however, has caused alarm in the legal community for several reasons: (1) confusion to which trusts it applies to and their connections to a claim, (2) the time it will take for fee agreements to be approved, and (3) what attorneys need to do with fees until fee approval. Specifically, it was the examples in the new POMS that gave alarm that the SSA may require attorneys to submit fee authorization requests when special needs trusts (“SNTs”) are drafted or amended “for the purpose of affecting clients’ eligibility for benefits.”4 The new examples appear to apply the fee authorization rule to those who simply consult with a person with a disability, draft an SNT, and potentially include attorneys who prepare a third-party SNT for a child who may one day be eligible to receive Supplemental Security Income (“SSI”). Historically, the SSA did not require attorneys to submit fee authorizations for drafting SNTs. More importantly, the violation of the SSA’s fee authorization process can result in a misdemeanor conviction for the attorney with a $500.00 fine and up to one year in jail for each occurrence.5 Depending on how the SSA interprets this new rule, this can greatly affect many attorneys’ practices that include SNT planning. PAGE 10

The POMS Examples In Paragraph D, it is the first three examples that expressly include an attorney performing SNT drafting services, and it is those three examples that raise the difficulty in assessing when an attorney must comply with the SSA fee authorization process. The remaining four examples cover separate issues that do not involve SNT drafting. Example 1 Mary Smith, a woman whom we have found disabled under title II and allowed monthly disability benefits, hires an attorney, Ms. Roberts, to establish a trust with $10,000 in assets. We do not need to authorize Ms. Roberts’ fee for the services provided to establish the trust. Explanation: An attorney may establish a trust for an individual who is already receiving benefits without the need of our authorization of the fee he or she seeks, so long as the trust was not established to protect continuation of SSI eligibility.6 The first example is a simple start. Mary starts receiving Title II Social Security Disability Insurance (“SSDI”) benefits, which is not means tested,7 therefore no fee authorization is required for the trust established. In other words, because no trust affects these benefits, the SSA does not have to authorize the fee. However, the reverse is also true. If Mary’s trust is established in connection with SSI eligibility (e.g,. to protect continuation of SSI or create eligibility before applying), then fee authorization is required. Prima facie, this phrase reads that every SNT, whether first party, third party, or pooled, for an SSI recipient is established in part to protect continuation of SSI eligibility. Could this mean that whenever an attorney establishes an SNT for an SSI recipient, they must request fee authorization to the SSA? In all likelihood, no. Taking the entire scope of the POMS rules concerning SSA fee authorization into consideration, fee authorization is not required unless the SNT is established “in connection with a claim.”8 But if SSA takes the position that the monthly resource test for SSI is a claim, then does the drafting of the SNT require fee authorization? There is no definitive answer because the law, regulations, and policies are too vague. The following example does not make things any clearer. Example 2 Sometime later, Ms. Smith applies for SSI. She also asks Ms. Roberts to revise her trust because she has changed her name. The attorney can again collect a fee for the services provided on the trust due to the name change without our authorization. A month later, we notify Ms. Roberts that the trust language needs to be revised again because, as drafted, it does not meet our requirements for exception to resource counting. She discusses the issue with the claims representative (“CR”), amends the trust, and submits the amended trust to the agency. The services related to amending the trust and communication with the agency are performed in direct connection with Ms. Smith’s pending SSI claim, and fees for those services require our authorization.

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Explanation: If a representative assists a claimant or recipient to alter an established trust for reasons such as a name change or the death of a parent, we do not need to authorize the fee because the legal service is not performed in connection with a pending claim or future claim and the parties have not submitted a fee agreement or a fee petition. However, the second transaction affects whether the assets in Ms. Smith’s trust are countable resources for SSI purposes, and therefore her potential eligibility for benefits, so we must authorize the fee the representative may seek for the preparation of documents or conducting business with us.9 Regarding the name change, no fee authorization is required because Ms. Roberts changing her name does not affect her SSI claim. But the second transaction affects whether the assets in Ms. Smith’s trust are countable resources for SSI purposes, and therefore her potential eligibility for benefits, so the SSA must authorize the fee the attorney may seek for the preparation of the trust documents or conducting work with SSA. The language in the SSA’s explanation, however, could be interpreted that fee authorization is required any time an attorney prepares trusts that affect whether the claimant’s assets are countable for SSI purposes even if the attorney’s services only affect the claimant’s pending or future claim for benefits. If that reasoning is followed in other matters, then almost all attorneys who draft an SNT must submit SSA fee authorization, even when there was no intent by the attorney to ever represent the person before the SSA. The final example only adds to the confusion. Example 3 Clara Waters, a grandmother, establishes a trust for Rainbow, her granddaughter through Mr. Johnson, an attorney. Generally, we would not need to authorize Mr. Johnson’s fee so long as the trust was not established for the purpose of affecting his clients’ eligibility for benefits. Explanation: An attorney may establish a trust for a minor child for many reasons. If a trust is prepared in order to affect someone’s eligibility for benefits, we must authorize the representative’s fee for preparation of the trust. However, if a trust is prepared for a reason unrelated to a claim for benefits, we may not need to authorize the fee charged for preparing the theBriefs March 2020 Vol. 88 No. 3

trust. Depending on the information in a claims file, we may need to obtain an explanation from the representative or claimant if there is a question about the purpose of the trust, or about why it was established. If a trust is prepared not in connection with a claim, but the parents later apply for benefits and enlist the assistance of an appointed representative (the same attorney or someone else) to prepare or provide information to us, we would authorize fees for only those services provided in connection with a matter before us.10 Who is the attorney’s client in this example? It does not say. Usually, the grandmother and attorney would enter into a fee agreement to prepare an SNT for the granddaughter to be funded with the grandmother’s assets. If the attorney represented Rainbow, then the example could make more sense. However, it is unusual for an attorney to represent the granddaughter in a situation when the money funding the trust is coming from the grandmother or parent. If the client is the grandmother, it is uncertain how the grandmother’s benefits would be affected by the establishment of a third-party SNT for her granddaughter. It is standard that unfunded third-party SNTs are established for the purpose of securing potential future benefits. Is this kind of drafting subject to fee approval? The answer here is no. The SSA has stated in the POMS they do not want unfunded third-party SNTs sent in for review.11 What about funded third-party trusts? Some attorneys agree it is reasonable to conclude that they must be reviewed only if Rainbow is currently on SSI benefits. Some are not so sure. Furthermore, what if the attorney has no idea a claim was presented? What if the granddaughter’s parents submit a claim for SSI while the grandmother’s attorney is drafting the SNT for the granddaughter? What if the attorney does not submit

fee authorization to the SSA and there is a pending claim for benefits by the granddaughter? Is the attorney being fined or going to jail? The SSA still does not properly explain the situation because it states, “we would authorize fees for only those services provided in connection with a matter before us.”12 What Now? Attorneys and groups, such as the National Academy of Elder Law Attorneys (“NAELA”), are now working to clarify these issues with SSA. In the meantime, if you are drafting special needs trusts that require (or you believe SSA may require) fee authorization, you should familiarize yourself with the SSA’s fee petition process outlined below in preparation of the future. This is not to be confused with SSA’s fee agreement process for attorneys representing applicants for benefits in front of SSA, which is an entirely different agreement. Fee Petition Process It is advisable that legal fees be held in your firm’s trust account until SSA approves the fee petition. Remember to have a separate fee agreement for your client in writing. Keep billable time records even if you only charge a flat rate. Understand that the SSA can take more than a year before they approve your fee petition. • Use the SSA-1560 Fee Petition form.13 This form will include dates of service, time, amount sought, and amount held in your trust account pending SSA fee approval. • Both your signature and the client’s are required. Attach all supporting documentation, including your written fee agreement. • The form and supporting documentation are filed when services are completed at the local SSA office for matters concluded below the ALJ hearing level. continued page 28

Maria E. Espinosa, Esq. Schedule at:

407-733-3662 espiesq@aol.com

Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015

Direct: 407-733-3662 espiesq@aol.com

Bilingual English/Spanish

www.orangecountybar.org

PAGE 11

Labor & Employment LawCommittee Florida's Public Whistleblower Act Gets Emotional

I Christopher A. Pace, Esq.

n Florida, and throughout the United States, an employee who reports wrongdoing by his or her employer is referred to as a whistleblower. Florida’s statutory framework provides for two types of whistleblower claims, private or public. A recent Third District Court of Appeal (“Third District”) opinion confirmed that compensatory (emotional) damages are an available remedy to successful public sector litigants.1

The Florida Public Whistleblower Act (“FPWA”),2 enacted in 1986, serves to protect public employees from adverse personnel action, including retaliation, after reporting, among others, violations or suspected violations of law, provided they “create a substantial and specific danger to the public’s health, safety, or welfare.”3 Through the FPWA, a private cause of action was created for an affected public employee. Several years later the protections of the FPWA were extended to private employees in a “firm, partnership, institution, corporaLauren R. Robertson, Esq. tion, or association that employs ten or more persons.”4 What would become the Florida Private Whistleblower Act (the “Private Sector Act”)5 was introduced as Senate Bill 74 and enacted into law during the 1991 session. Accordingly, the Private Sector Act was born as a result of an amendment to the FPWA. Thus, it stands to reason that Florida courts would analyze them similarly, particularly as it relates to available damages. However, that has frequently not been the case due, in large part, to a lack of continuity between the monetary damages language contained within the FPWA and the Private Sector Act. Successful litigants under both the FPWA and the Private Sector Act are entitled to various forms of relief, including monetary damages. A prevailing private sector litigant is entitled to compensation for lost wages, compensatory damages, attorney’s fees, reinstatement and an injunction restraining continued violations of the act.6 For a prevailing public sector employee, the FPWA provides for “[c]ompensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action,” without specifically referencing “compensatory damages.”7 As a result, it is generally argued that such damages are not available to a public sector litigant. However, the Third District recently clarified and confirmed their inclusion and availability, which is appropriate given the tremendous emotional toll typically experienced by whistleblowers following reports of wrongdoing.8 PAGE 12

In Iglesias v. City of Hialeah, a public sector whistleblower, Iglesias, appealed a trial court’s final judgment denying recovery of noneconomic damages under the FPWA.9 Iglesias, a police officer with the City of Hialeah’s (the “City”) police department, objected in writing to both Hialeah’s police chief and mayor regarding the police department’s continued practice of enforcing ticket quotas, which had been banned by the Florida legislature.10 Iglesias received a disciplinary notice for not meeting “traffic enforcement standards.”11 Later, after he received other disciplinary notices for the same purported issue, he again objected in writing to the police chief and mayor.12 Despite this, the mayor approved discipline against Iglesias.13 In turn, Iglesias sued the City pursuant to the FPWA, alleging he suffered adverse personnel action following his objections regarding the continuance of ticket quotas.14 As Iglesias’s trial was underway, the presiding judge ruled that Iglesias would not be permitted to seek compensatory damages.15 A final judgment was ultimately entered awarding Iglesias $305.75 in lost wages.16 Iglesias appealed the court’s prior ruling not allowing compensatory damages.17 As an initial matter, the Third District, citing Irven v. Dep’t of Health & Rehab. Servs., 790 So. 2d 403, 405 (Fla. 2001), explained that a remedial statute like the FPWA should be construed liberally in favor of the party seeking relief.18 After analyzing its remedies section, the appellate court determined that the FPWA’s “language is a floor, rather than a ceiling, on the types of relief that . . . a party can seek.”19 Citing a First District Court of Appeal opinion, the Third District explained, “The [FPWA] provides that relief ‘must include’ the remedies set out in the statute, but does not limit relief to those remedies,” thus dismissing the City’s argument that inclusion of compensatory damages would require “judicial engrafting” to the FPWA.20 In its rejection of this argument, the Third District rationalized that the City’s position would also require judicial engrafting to the FPWA to add the words “must only include– [compensation for lost wages, benefits or other lost remuneration]” to the statute.21 The Third District, with a unanimous panel of three judges, concluded: the FPWA mandates that an award include the remedies explicitly identified within the statute, but does not expressly exclude other recoverable damages, thereby allowing other forms of relief as may be appropriate under applicable law.22 Accordingly, the matter was remanded for a trial on Iglesias’s compensatory damages.23 Although there will certainly be continued challenges to the applicability of compensatory damages in a FPWA suit, it is almost a certainty that a whistleblower, whether public or private, will experience humiliation, embarrassment, and mental pain and suffering following complaints of an employer’s wrongdoing. Thus, the Iglesias opinion highlights an important aspect of damages necessarily afforded to FPWA whistleblowers. Indeed, compensatory damages are a powerful element of relief to compensate those who have been adversely affected following violations or suspected violations of law, that are ultimately proven to “create a substantial and specific danger to the public’s health, safety, or welfare.”

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Legal Aid SocietyTeaching Tips Taxes Make a Difference

ax season can be a stressful time, especially when there have been recent changes to the existing tax law. The good news is that the Legal Aid Society of the Orange County Bar Association, Inc., has pro bono tax experts to help. I began my involvement with the Volunteer Income Tax Assistance Program (“VITA”) in 2015 as a volunteer at Legal Aid and now work as an attorney site coordinator for the Laura M. Gutierrez, Esq. program. The VITA tax clinic is a partnership between Heart of Florida United Way and the Internal Revenue Service that assists low-income individuals with their tax returns at no cost. The program is run solely by volunteers at more than 20 tax sites during the tax season. Legal Aid is one of the many tax sites available for this service. Most of my tax clients are people who rely on their return to meet life’s essentials, such as food, rent, and car repairs. Preparing someone’s taxes is not as emotionless or scary as people may think. Pro bono attorney Jane Callahan is one of our amazing tax volunteer angels. Apart from her hefty workload as a shareholder at Dean Mead, Jane has assisted low-income individuals with their taxes for more than 20 years through her VITA tax clinic service. As a graduate of the University of Florida, Jane has not only given her time to the community but has also put her efforts into training new VITA volunteers. At Legal Aid’s January 7, 2020 lunch and learn, she shared her vast knowledge of tax law with pro bono attorneys and lay persons who will volunteer their time during the 2020 VITA tax season. The new tax updates are simple to understand. This article will clarify some of the provisions that will impact the low-income community during the 2020 tax season. First, it is important to note that most of the provisions in the new tax law expire at the end of 2025. What does that mean for taxpayers? It means that once we finally begin to understand the new provisions, they might change again unless the legislature acts before the expiration period. One of the biggest changes that will affect many low-income individuals is the new standard deduction amount schedule. Under the new law, if taxpayers are filing as married filing jointly, their new standard deduction is $24,000; head of household’s new deduction is $18,000; and single filers changed to $12,000. This will limit the number of taxpayers who can itemize. Personal exemptions have also been eliminated.

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Apart from changes to the amount of standard deduction, the new tax law changes what you can claim under itemized deductions. Those who are not taking the standard deduction and are itemizing can no longer claim home equity interest, home office deductions, or license fees for self-employed taxpayers. Additionally, another noteworthy change to the tax law, which will not only affect taxpayers but many family law clients as well, is tax implications regarding alimony. Alimony is no longer deductible for taxpayers. Alimony is now taxed like child support payments. This applies to agreements executed in 2019. Prior law continues to apply to agreements executed on or before December 31, 2018. However, it could affect agreements being modified after this cutoff date. This is an important change for family law practitioners, who should advise their clients of this modification before entering into an alimony agreement. In addition to alimony changes, the child tax credit amount has also changed. The credit has increased from $1,000 to $2,000 per child, where $1,400 of the $2,000 is considered a refundable credit. There is also a new $500 credit for dependents who are not qualifying children. The amount of child tax credit is determined by a taxpayer’s income and filing status. The Affordable Care Act tax liability has been eliminated. This means taxpayers will no longer be mandated to have health insurance when filing taxes, and they will no longer be penalized for not having insurance. The Affordable Care Act provision does not expire in 2025. This is one of the tax updates that will continue past the expiration period of the new tax law. I know you are probably reading this and thinking tax season is not fun. On the contrary, tax season is not only fun but rewarding. I see the life changes that pro bono attorneys make during our VITA tax clinic. Often, this act of kindness happens without expectation of anything in return. Sometimes a tax refund helps a grandmother to buy a Christmas gift for her grandchild, or a single mother to keep a roof over her child’s head. Legal Aid has many cases to pick from, and we provide training! We hope you will consider joining us in the tax clinic – it is fun, and it changes lives. If you would like to volunteer with our tax clinic, please contact Laura Gutierrez at lgutierrez@legalaidocba.org. Should you wish to become a financial donor, or help with our fundraising efforts, please contact Donna Haynes, development director, at dhaynes@ legalaidocba.org, or 407-515-1850. Laura M. Gutierrez, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2018.

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Legal Aid SocietyNews Cold Toes and Warm Hearts

n November 21, 2019, from 7:00 a.m. to 9:00 a.m., more than 650 lawyers, judges, and, as Nick Shannin says, “the movers and shakers” in the legal industry, attended the 12th Annual Breakfast of Champions at the Amway Center. Kimberly Hosley, Legal Aid Society board president and event host, spoke to attendees as they braved the temperature of the 13-inches-thick Polar Bear hockey team ice floor. Toes may Donna A. Haynes have been cold, but hearts were warm. Attendees dug deep into their pockets to support the Legal Aid Society. Donations exceeded $200,000. Every dollar donated is immediately invested in the Legal Aid Society to provide free, quality legal services to our community’s most needy. We appreciate our supporters regardless of how they donate – with time, money, or talent – as well as the contributions from our attorney bakers, who go the extra mile by donating cookies to our signature events. Each of you makes our program the community gem it is today. Here is a story shared at the Breakfast of Champions by attorney Camy Schwam-Wilcox. Having practiced in this community for nearly 20 years, I have the good fortune of a strong professional network, a healthy business, and an amazing family… all of which provide me with the opportunity to give back. Additionally, central to my faith are the concepts of tzedakah (charitable giving) and tzedek (justice). Those concepts together instruct and compel us to give to charity and treat people who are less fortunate with compassion. The Legal Aid Society shares in the beliefs that those who are less fortunate should be treated with compassion and that they, too, are deserving of justice and protections of the law, which is why I serve as a guardian ad litem and donate to Legal Aid. I am here today to share a story about the work I do in partnership with Legal Aid and encourage you to donate. Not too long ago, I accepted a case involving parents who were struggling with mental health issues, drug abuse, and poverty with three children who needed an advocate. When I first met them, all three of my clients – a 12-year-old, an eight-year-old, and a six-year-old – had full-time jobs. Every day, they were sent out to panhandle in the hot Florida sun, running up to cars and to people right here on the streets of Orange County. These children worked all day in the heat for the hope of getting enough money for a sandwich from 7-Eleven for dinner. As you would expect, the children were hungry, filthy, lacked normal social skills for children their ages, and were years behind in school. In fact, the kids could not remember the last time they attended school. The entire family – mom, dad, and PAGE 14

the three kids – lived in matchbox-sized hotel rooms. They did not know where they would sleep each night, but they knew embarrassment, shame, and hunger. I cannot imagine what the children thought about the world when they entered into foster care. That’s when I met them, shortly after they came into care. At that time, none of the three kids could give me the name of a friend or anyone other than their siblings as someone they trusted. It’s not that they were shy; it’s that they did not think one other person walking the earth actually cared about them. Life got worse before it got better for these children. Their drug-addicted father committed suicide when he found out that their mother was unfaithful. Following the father’s death, the eight-year-old child was so deeply distraught that she stopped speaking about anything of substance. She was a happy-go-lucky child (if you can believe that), and that just changed overnight after the death of her father. The light left from her eyes, and she just seemed to be an empty shell. To make matters even worse, when the children were sent to live with their relatives in Tennessee, while under the supervision of the state, that same child was sexually abused – abused by a relative who had become her caregiver. How does anyone, much less a child, begin to rebound from that type of instability? From that betrayal? From that pain? I patiently worked on regaining the children’s trust. The children kept letting me come over and talk with them, so I kept showing up, and eventually they trusted me and knew that I was someone else on this earth who cared about them. As they opened up to me, I learned their needs; I advocated on their behalves to get those needs met. It was not always easy. The mother continued to make empty promises to the children. She would tell them that they were coming back home to her, which made their transition into care that much harder. Mom could not stay clean, she did not work on her case plan tasks, and she did not show up to most of their scheduled visits. With the help of Legal Aid staff, I was able to secure the medical, mental health, and social services to help the children rebound from their trauma. As part of their therapy, the children met with other survivors of abuse, who helped them to realize that they were not alone and that they, too, could overcome what had happened to them. Slowly, but surely, they started to heal. You’ll be happy to hear that once the children were enrolled back into school, they didn’t just coast along, but they excelled. The youngest child even skipped a grade and was placed into the gifted program. Because of donations to Legal Aid that helped fund the GAL program, these children have literally gone from the streets of Orange County to the head of the class! One of my last acts as their guardian ad litem was to recommend to the court their adoption by a wonderful family. I assisted in the selection process to help ensure that these kids could find a loving forever family that they could trust and love. They are now visible, safe, well-nourished, and happy

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children who today can rattle off a long list of people they know care about them. Instead of sharing a tiny hotel room, they each have their own bedroom in a beautiful home in a great school district with two parents that love them unconditionally and continue to get them the treatment they need to deal with their colorful past. Because of the Legal Aid Society, those children had an attorney and the support of the entire Legal Aid staff of experts to advocate for them and make sure they weren’t forgotten about or continually re-victimized in the system. Now they have bright, productive futures ahead of them. I am here today because their story is not an uncommon one. Poverty, unaddressed mental health needs, and substance abuse are all very common, and it is ramped in our community. These social issues are what lead to dependency cases and children being placed in foster care every day. That is why we seek your financial support. There are still children sitting in foster care who do not believe there is anyone who cares about what happens to them. But I stand here in a room full of people who do care. In order to reach those children and help them heal, please donate today. Thank you. The hearts of our generous supporters were melted after Camy Schwam-Wilcox shared her experience of helping one of our GAL sibling groups. We are fortunate to have many attorneys in our communi-

ty who volunteer on a pro bono basis to help the children who have been abused, abandoned, and neglected in our community. We receive new cases virtually every day and need additional attorneys who are willing to help. If you are available, we have many opportunities for you: • Pro bono cases are always available. See our website www.legalaidocba.org for the 2020 Attorney Preference Form. • Non-lawyers and paralegals: Volunteer Advocates for Children (“VACS”) are always needed. See our website for VAC information and our 2020 Paralegal Preference Form. www.legalaidocba.org • Wish-list items needed: zip lock bags of all sizes, hard candy, individually wrapped pretzels, popcorn (no nuts), and snacks for the juvenile courthouse for dependent youth. • Volunteers to assist with fundraising and development. If you would like to tour Legal Aid or volunteer with our fundraising events, please reach out to Donna Haynes at dhaynes@ legalaidocba.org, or 407-515-1850. The pro bono placement contact is Janis Mason at jmason@legalaidocba.org. Inquiries regarding our Volunteer Advocate program go to Kayla Hancock at KHancock@legalaidocba.org . Donna A. Haynes, development director at the Legal Aid Society of the Orange County Bar Association, Inc., has been a member of the OCBA since 2008.

Inside the Courts is a free, four-week class taught by judges from the Ninth Circuit that gives you a behind-the-scenes look at the court system. It provides the public an upclose examination of the workings of the judicial branch and also addresses some of the more frequently asked questions, such as: • What do judges consider when imposing sentences? • What happens to juveniles who break the law? • Are all individuals who are charged with a crime eligible for bail? • What is a domestic violence injunction? The program will be held on March 24, March 31, April 7, and April 14, from 6:30 p.m.-8:30 p.m., at the Orange County Courthouse Jury Assembly Room. Register online! To rgister, or for information about parking, go to the Ninth Circuit website: www.ninthcircuit.org/about/ programs/inside-the-courts The program varies from year to year, so everyone, including past participants, will learn new material at this year’s program. Participants who complete at least 3 of the 4 sessions will receive a certificate of attendance!

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PAGE 15

OCBA’s Got Talent

LaShawnda Jackson, Karen Persis Anthony F. Sos

January 30, 2020 The Abbey

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Hunter Hagood-James; Brooklyn Rapchick; Ashley McClean, Milestone Reporting; Jody Pralat, Milestone Reporting; Scott Leitner

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Joey Chindamo, Andrew Irvin, C. And rew Roy, Hunter Hagood-James, Stephanie Alca lde, Kimberlee Martin, Brandon Sapp

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Coming to Orlando! The Student Loan Law Workshop April 3 and 4, 2020 Hosted by Joshua Cohen, the Student Loan Lawyer Topics include: • • • • •

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PAGE 17

Legal Aid Society Awards Quintairos, Prieto, Wood & Boyer, P.A. 2020 John R. Hamilton Law Firm Award of Excellence Mark Hernandez Annie Kwong Brian DeGailler Deborah Moskowitz Sonia McDowell Vanessa Braga

PZ Law Firm, P.A. 2020 John R. Hamilton Law Firm Award of Excellence Craig Rolle Ashley Martinez Paul Zeniewicz

C. Andrew Roy, Hon. John Antoon II Hon. John Antoon II, Margaret Kozan

Aaron Hoffman, Barbara Leach, Ava Doppelt, Jamie Billotte Moses, C. Andrew Roy

PAGE 18

www.orangecountybar.org

Dorothy J. McMichen, McMichen, Cinami & Demps, PLL Judge J. C. “Jake” Stone Distinguished Service Award Recipient

Jimmy Singh, Orange Legal - A Veritext Company

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OCBA January Luncheon Hon. John Antoon II

U.S. District Court Middle District of Florida

January 23, 2020 Embassy Suites by Hilton Downtown Orlando Title Sponsor: Orange Legal – A Veritext Company

Hon. Charles Wells, Linda Wells, Bruce Blackwell Hon. Emerson Thompson, Jr., Hon. John Antoon II

Hon. John Antoon II, Anthony F. Sos

Ronald Sims, Thomas Marks, Karl Pearson

Rebecca SmithHameroff Hon. Carly Wish Shannon Laurie Jennie Lippert

Jennifer Morando Jennifer Smith Thomas

Pamela Martini Anthony F. Sos Meenakshi A. Hirani LaShawnda Jackson Jennifer Smith Thomas

PHOTOS: Flo Boehm

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www.orangecountybar.org

PAGE 19

Final Days to Register!

2020 OCBA Bench Bar Conference

Back to School April 3, 2020 Loews Royal Pacific Resort Load up your backpacks & prepare for a fun & educational field trip to the beautiful Loews Royal Pacific Resort. The 2020 OCBA Bench Bar Conference is the extracurricular event of the year! Hear from members of the judiciary from Orange, Osceola, and Seminole counties and esteemed judges from the federal bench.

Individual Registration $ 300 Members • $325 Non-members www.orangecountybar.org/store/ocba-social-events/ individual-registration/

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CFAWL

Debra Ferwerda Hon. Diana Tennis Lyzette SanGermain Lisa Franchina Hon. Tiffany Moore Russell Camy Schwam-Wilcox Suzanne Gilbert

Ava Doppelt Michelle Jernigan Kaye Collie Denise Hammond Hon. Margaret Schreiber

PCPBA

General Body Meeting and Panel Discussion Ashley Wright; Hon. Embry J. Kidd; Roger Johnson; Hon. Alicia L. Latimore; Hon. Gabrielle N. Sanders; Debbie Brown; Hon. Donald A. Myers, Jr. PAGE 22

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Voluntary BarNews SideBar

here is no need to “beware the Ides of March”! Our voluntary bar associations are not the harbingers of ill fortune! Rather, they are hard at work ensuring that this spring season brings forward great programing and comradery for all who wish to participate.

CFAWL

The Central Florida Association for Women Lawyers reAlena V. Baker, Esq. cently held its Mid-Year Meeting and Mimosas retreat hosted by CFAWL president Jamie Billotte Moses. At its February luncheon at the Citrus Club, a panel of five members talked about the challenges and rewards of taking their law degrees and moving in a variety of different career directions. The panel showed attendees that other career paths are possible (and enjoyable) for those with unique interests in the law. CFAWL’s Tables for Eight in February included a Valentin-tiny Tea Party for mommies and daughters hosted by Amber Davis, Melody Lynch, and Mallory Widgren; a couples’ Table for Eight hosted by president-elect Mary Walter and Deborah Cook; and an Evening of Mentoring hosted by Donna Haynes. On February 9, 2020, CFAWL held its Grande Dame tea at the Country Club of Orlando. The event honored women attorneys who have practiced law for 20 years or more. It was a huge success due to the hard work of members Deborah Cook and Valencia Poitier. On March 24, 2020, the association will hold its inaugural Women of Distinction reception to recognize women in lawrelated professions throughout Central Florida. The reception will be held at the Orange County Regional History Center. The association would like to thank all the members who contribute their time and energy to the organization and extend an invitation to those who are interested in supporting women in the legal community to attend the next monthly luncheon, Table for Eight, and other activities. See the CFAWL website for details.

GOAABA

Members of the Greater Orlando Asian American Bar Association are certainly doing their part in helping others to vote in the upcoming 2020 election. On January 26, 2020, members distributed voter registration forms to members of the Asian American community and provided information about how to register to vote. GOAABA extends a warm thank you to president-elect, Onchantho Am, for organizing this event as well as to past president,

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Lisa Gong Guerrero, for all her efforts. In addition, the association would like to thank The Florida Bar Young Lawyers Division for providing a grant to help fund the Voter Initiative Efforts. This grant was secured, in part, through efforts by board members Janis Chón and Onchantho Am after they attended The Florida Bar Young Lawyers Division Affiliate Outreach Conference. In addition, Onchantho Am met with the Honorable Jeanette Bigney, the Honorable David Johnson, and Nick Shannin, general counsel for the Orange County Supervisor of Elections, to learn more about the role and duties of the Orange County Canvassing Board and the Orange County Supervisor of Elections office. GOAABA also would like to highlight member Avita Samaroo of Samaroo Law. Avita is a dedicated lawyer, philanthropist, and role model, and the association is very proud and happy to have her on its team.

“There is no need to ‘beware the Ides of March’! Our voluntary bar associations are not the harbingers of ill fortune! Rather, they are hard at work ensuring that this spring season brings forward great programing and comradery...”

FBA

The Federal Bar Association – Orlando Chapter was busy in January and February with CLEs designed to introduced the bar to the Orlando Chapter’s newest federal judges. On January 24, 2020, the FBA hosted a CLE luncheon titled “Meet the Orlando Division’s Newest Magistrate Judge,” featuring the Honorable Embry J. Kidd. On February 21, 2020, the FBA hosted a similar CLE luncheon, featuring U.S. District judge, the Honorable Wendy W. Berger. In between, on January 31, 2020, the FBA presented a joint CLE with the YLS titled “Primer for the Occasional Federal Practitioner,” featuring U.S. District judges, the Honorable Roy B. Dalton, Jr., the Honorable Wendy W. Berger, and U.S. Magistrate judge, the Honorable Embry J. Kidd. 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.

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Charity Putt-Putt Tournament

Brandon Sapp, Lauren Millcarek, Jill Davis, Jake Parton

OCBA’s Got Talent YLS Team YLD Affiliate Outreach Conference

President Santo DiGangi C. Andrew Roy Kimberlee Martin Stephanie Alcalde Jill Davis Brandon Sapp Masimba Mutamba PAGE 24

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Young Lawyers SectionNews YLS on the Move

hanks to a great presentation by our fearless leader, C. Andrew Roy, we won Best Grant Presentation at The Florida Bar’s Affiliate Outreach Conference earlier this year. The grant we received will be used to improve our annual Great Oaks Village Field Day, which will take place later this year. During this field day, we provide a day of fun and friendship to local foster youth. This has been one of the Andrew P. Irvin, Esq. longest-running YLS events, and we are excited to take it to new heights this year! YLS also competed in OCBA’s Got Talent on January 30. Our team was comprised of C. Andrew Roy, Joey Chindamo, Brandon Sapp, Kimberlee Martin, Stephanie Alcalde, Brooklyn Rapchik-Gaughen, Hunter Hagood-James, and myself. We performed a medley that included Broadway music, boy band lipsyncing, a French horn and saxophone duet, drums and children’s instruments, and a dancing Elmo. We brought the house down but, unfortunately, the judges did not favor our performance. I think our eclectic energy was too much for them to handle. Oh well, there’s always next year! Fortunately, we were able to hear from real judges at our February luncheon. Co-hosted with the Greater Orlando Asian American Bar Association, the luncheon featured a panel of our local judiciary. The Honorable Denise Beamer, Honorable Vincent Chiu, and Honorable Jeanette Dejuras Bigney provided an insightful discussion about their various paths to the bench. A special thank you to Tara Tedrow for moderating the discussion. On February 26, we held our annual Evening with the Judiciary at the Orlando Museum of Art. The event co-chairs, John Hunt, Lauren Reynolds, and Kathleen Shea, organized a terrific evening of art, hors d’oeuvres, and conversation. A big thank you to the many judges who attended! We really appreciate the opportunity to interact with our judiciary in a fun social setting. Events such as this foster collegiality and raise the level of professionalism in our local courts.

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Our next luncheon will be on March 20 at the Citrus Club. This will be a joint luncheon with the Paul C. Perkins Bar Association. The luncheon will feature Orange County Mayor Jerry Demings. The cost is only $10 for a three-course meal and is a great way to network with our members. You can RSVP to ocba.yls@gmail. com. Don’t miss our fourth annual Wills for Heroes. The event offers a full day of free estate planning for first responders and veterans. Last year we completed more than 220 estate plans, all on one Saturday! The event will take place on Saturday, April 18 from 10:00 a.m. to 5:00 p.m. at Orange Legal. If you would like to volunteer, please email ocbawillsforheroes@gmail.com. You don’t have to be an estate planner (or a young lawyer) to help as we need many volunteers to assist with logistics and witnessing. If you are an estate planner or notary, please indicate so in your email. Finally, keep an eye out for our other April events, including our Book Fair Happy Hour and Government Attorney Luncheon Roundtable. Our May events will include the Washington Shores Book Fair, a health and wellness event, and our annual dodgeball tournament with an end of the year party. Stay tuned for these upcoming YLS events: Mar. 20 – Joint Luncheon with Paul C. Perkins Bar Association at the Citrus Club. Speaker: Orange County Mayor Jerry Demings Apr. 17 – YLS Luncheon at the Citrus Club. Speaker: Keshara D. Cowans, recipient of the OCBA 2020 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Apr. 18 – Wills for Heroes, 10:00 a.m. to 4:00 p.m. at Orange Legal, 633 E. Colonial Dr., Orlando, FL 32803 May 22 – YLS “Pass the Gavel” Luncheon at the Citrus Club And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Andrew P. Irvin, Esq., of Irvin & Irvin PLLC, pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.

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Special Mary Ann Etzler, Esq., Receives Florida Supreme Court’s 2020 Tobias Simon Pro Bono Service Award

range County Bar Association member Mary Ann Etzler, Esq., was honored by The Florida Supreme Court as the recipient of the 2020 Tobias Simon Pro Bono Service Award for her decades of pro bono service. The award was presented by Chief Justice Charles T. Canady at a ceremony held on January 30, 2020, at the Florida Supreme Court. Mary Ann Etzler, Esq. Since 1995, Mary Ann has provided 1,232 hours of pro bono service to clients of the Legal Aid Society of the Orange County Bar Association, Inc. To date, she is credited with serving 49 victims of child abuse, neglect, and abandonment who were involved in dependency, family, criminal, and delinquency court cases. In addition, she has donated thousands of dollars to indigent clients. The total hours exclude the time she spent training staff and volunteers, communicating with the courts and judiciary to improve the pro bono representation process, and providing consultations to fellow volunteer attorney guardians ad litem on conflict cases, often involving child sexual abuse and parental murder. Her reputation for taking on the tough cases has led judges in the Ninth Judicial Circuit to ask for her by name. In presenting the award, Justice Canady described Mary Ann, a former law enforcement officer of 15 years, as a “trailblazer,” noting that “[g]enerations of lives have been improved with her pro bono efforts... She is literally a life saver.” In her remarks, Mary Ann said she was proud and humbled, and traced her passion for service to growing up in a small northern town where neighbors helped each other. “I can’t tell you how many times my father used his tractor to pull other people’s cars out of a snowbank,” she said. “In a way,” she noted, “serving others is really a way of serving myself… it gives me purpose and inspires a healthier, more meaningful life.” In a recent interview with the Orlando Sentinel, Mary Ann said she hopes that our community will see the many good things our OCBA attorneys do for the Legal Aid Society and, in particular, how important it is for kids who are victims of abuse, abandonment, or neglect to have a guardian ad litem who neutrally represents the kids’ best interests at all legal proceedings, including arguing for issues that may not be popular. Throughout her years of service, Mary Ann received the Judge J. C. "Jake" Stone Award from the Legal Aid Society for lifetime pro bono service, the Outstanding Alumnus of the Year 2010 from Cumberland School of Law, and a Leader in the Law 2010 award from the Florida Association for Women Lawyers. She has been the recipient of pro bono awards and recognition from the Florida Supreme Court for service as a guardian ad litem every year from

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2006 to 2018, and is the recipient of the Legal Aid Society’s 2012 Guardian ad Litem Award of Excellence. The Tobias Simon Pro Bono Service Award commemorates Miami lawyer Tobias Simon, who was a tireless civil rights attorney, a crusader for prison reform and an appellate authority. The award is intended to encourage and recognize extraordinary contributions by Florida lawyers in making legal services available to people who otherwise could not afford them, and to focus public awareness on the substantial voluntary services rendered by Florida lawyers. Excerpted from an article by Jim Ash, The Florida Bar News, January 31, 2020. Reprinted with permission.

Mary Ann Etzler with OCBA past presidents Thomas P. Wert and Wayne L. Helsby

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OCBA MemberNews Hearsay If I’m shinin’, everybody gonna shine (yeah, I’m goals) / I was born like this, don’t even gotta try (now you know). –Lizzo

ello? Is this thing on? Can you hear me? Yes? Great – consider this my official request for you all to start sending me more news! I know you’re all out there being amazing and taking on the Linnea M. Eberhart, Esq. world, but the “Hearsay” column hasn’t been getting enough love lately, which is why you haven’t been seeing it as often. I appreciate that you all are humble on top of being the best voluntary bar association in the U.S. of A., but come on! Spread the good news! There’s nothing wrong with taking a little pride in what you’re doing, especially since it’s a proven fact that we lead (and learn) by example, and you sharing your news invites your colleagues to reach out and explore options they might not have even known were available to them. The news we’re sharing in this month’s issue all came from attorneys, firms, and friends in our community who are out there doing good work, accomplishing great things, and inviting us all to share in their success! So next time you do something awesome, hype yourself up with a little Lizzo, and email me about it!

Honors and Awards

H. Leonard Burke, has earned the National Master Guardian certification, making him one of six Master Guardians in the state of Florida. Mark P. Lang, Esq., has been appointed a Supreme Court Certified Family Law Mediator.

litigation as well as speaking and consulting on inclusivity in the legal profession. Jennifer Smith Thomas, Esq., has joined RumbergerKirk as a partner, focusing on product and premises liability defense. Hallie Zobel, Esq., has joined CPLS, P.A.

In Memoriam

The Honorable Vincent G. Torpy Jr., passed away unexpectedly on December 30, 2019 at the age of 64. Early in his career, he was a police officer and later a sergeant in the City of Indialantic, Florida. He received a bachelor’s degree in allied legal services from the University of Central Florida and his juris doctor from Florida State University, finishing second in his class and serving as editor of the Law Review. He practiced law with Frese, Nash and Torpy, P.A., and was general counsel to the Brevard County Sheriff’s office. In 1999, he was appointed as a circuit judge for the 18th Judicial Circuit before being appointed to the Fifth District Court of Appeal in 2003. Judge Torpy wrote more than 700 majority opinions. His decisions have been upheld by the Florida Supreme Court and the U.S. Supreme Court. We’d love to hear more from you! The “Hearsay” column is here for your news, accomplishments, and announcements, so please share any updates with me at leberhart@losey.law. No news means no column for me to write and that’s just not as fun! Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, practicing in the areas of intellectual property, employment law, and commercial litigation. She has been a member of the OCBA since 2015.

Tad A. Yates, Esq., has been elected without opposition to The Florida Bar Board of Governors and will fill the seat previously held by Wayne L. Helsby, Esq.

Community Involvement

Colin S. Baker, Esq., of Greenberg Traurig, was installed as president of the Orlando chapter of the Federal Bar Association. Marisa Rosen Dorough, Esq., was appointed pro bono committee office chair at Baker Donelson.

On the Move

Linda S. Brehmer Lanosa, Esq., has accepted a position as an assistant county attorney at the Orange County Attorney’s Office. David W. Henry, Esq., has opened Henry Mediation, P.A., for civil and pre-suit mediation. Karen L. Middlekauff, Esq., has become a partner at Losey PLLC. Richard R. Phelps, Esq., has joined Alvarez, Winthrop, Thompson & Storey, P.A., as a civil litigation associate. Larry D. Smith, Esq., has returned to RumbergerKirk as Of Counsel, focusing on product liability and catastrophic injury theBriefs March 2020 Vol. 88 No. 3

Jennifer Finch, FRP, was recently named the 2019 Paralegal of the Year by the Central Florida Paralegal Association, where she has served in numerous leadership roles, including serving as the organization’s 2017 president. The annual award honors an area paralegal for professionalism, hard work, and outstanding contributions to her or his firm and the legal field as a whole. Jennifer, who has worked in the legal field since the 1980s, is a commercial litigation paralegal with the law firm of Winderweedle, Haines, Ward & Woodman, P.A. L to R: Brandon DeGel, Mya Hatchette, Jennifer Finch, Trippe Cheek, Richard Weinman

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The Florida BarNews Court Moves to Improve Rulemaking Process

o streamline changes to court procedural rules, the Supreme Court has done away with the three-year regularcycle rule amendment filing schedule and directed rules committees to file amendments whenever they are ready. The changes to Rule of Judicial Administration 2.140 came in a February 6 court opinion and are effective June 1. Because the changes were not advertised before the court acted on its own motion, interested parties have 75 days to file comments. Currently, rule amendments from 10 procedural rule committees are filed as regular-cycle reports at three-year intervals, as out-of-cycle reports when those changes meet conditions outlined in Rule 2.140, and as fast-track recommendations, usually

necessary to implement new laws passed by the Legislature before or as those laws become effective. “After discussions with representatives of the Bar and the various rules committees about ways to improve the rulemaking process, the Court has determined that amending subdivision (b) (Schedule for Regular-Cycle Rules Proposals) of rule 2.140 to do away with the set schedule for rules committee reports and allow the committees to file rules proposals with the Court whenever a committee determines rules changes are needed will streamline the process and provide for more expeditious rule making,” the court said in the opinion. “This change also should result in more informative committee reports and responses to comments by helping

continued from page 12

continued from page 11

The Future Two recent Executive Orders15 were signed on October 9, 2019, that may require this new rule to go through the Administrative Procedures Act (“APA”) regulatory process. The SSA may want to quickly redo and publish the POMS GN 03920.007, but they may not have the authority to do so unless they go the APA federal regulation route under these new Orders. The APA process includes a formal notice and comment period with responses from SSA before the final adoption process; however, in our opinion, it would be much more beneficial for the legal community to be able to comment and have its concerns addressed by SSA to lead towards a rule that is better than what was originally published. The future is still uncertain, so stay tuned so you and your practice can be prepared for what is next.

Christian N. Horde, Esq., LL.M., is an associate attorney at The Elder Law Center of Kirson & Fuller located in Orlando, Florida, and is chair of the OCBA Elder Law Committee. He practices in the areas of estate planning, Medicaid planning, and special needs trusts. He received his J.D. and LL.M. in Elder Law from Stetson University College of Law. See https: / /secure.ssa.gov/ a pps10 / poms. nsf /lnx / 0203920007. 2 42 U.S.C. § 406. 3 POMS GN 03920.007C. 4 POMS GN 03920.007D Example 3. 5 42 U.S.C. § 406(a)(5). 6 POMS GN 03920.007D Example 1. 7 42 U.S.C § 423. 8 POMS GN 03920.007A. 9 POMS GN 03920.007D Example 2. 10 POMS GN 03920.007D Example 3. 11 POMS SI 01120.202H.4.b. 12 POMS GN 03920.007D Example 3. 13 See https://www.ssa.gov/forms/ssa-1560. pdf. 14 POMS GN 01050.051B.1. 15 S e e h t t p s : / / w w w. f e d e r a l r e g i s t e r. gov / documents/2019/10/15/2019-22623/ promoting-the-rule-of-law-throughimproved-agency-guidance-documents and https://www.federalregister.gov/ documents/2019/10/15/2019-22624/ promoting-the-rule-of-law-through-transparency-and-fairness-in-civil-administrativeenforcement-and. 1

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The Florida Bar News. February 14, 2020

Labor & Employment LawCommittee

Elder LawCommittee • Your fee petition will be decided by a fee authorizer at one of the six Program Services Centers.14 The petition is evaluated under 20 C.F.R. § 416.1525(b), which lists the standards being reviewed by the fee authorizer.

to ensure that the proposing committee’s chair and a majority of its members were involved in the development of the rules proposals filed with the Court.” The court amended subdivision (e) of Rule 2.140 to eliminate the section on out-ofcycle nonemergency rule amendments. That subdivision now addresses only fasttrack procedures “which are used for rule amendments that warrant expedited consideration or are necessary due to changes in legislation.” The court acted in In Re: Amendments to Florida Rule of Judicial Administration 2.140, Case No. SC 19-2104.

Christopher A. Pace, Esq., is a partner at Jill S. Schwartz & Associates, P.A. practicing labor and employment law. He is currently the chair of the OCBA’s Labor & Employment Law Committee and was formerly the chair of the OCBA’s Business Law Committee. He has been a member of the OCBA since 2003. Lauren R. Robertson, Esq., is an associate at Jill S. Schwartz & Associates, P.A. practicing labor and employment law. She is currently the co-chair of the OCBA’s Labor & Employment Law Committee. She has been active in various committees of the OCBA, including the Young Lawyers Section and Law Week. She has been a member of the OCBA since 2014. Iglesias v. City of Hialeah, No. 167335 (Fla. 3d DCA July 24, 2019). 2 Florida Statute sections 112.3187 through 112.31895. 3 Section 112.3187(2), Fla. Stat. (2019). 4 Section 448.101(3), Fla. Stat. (2019). 5 Florida Statute sections 448.101 through 448.105. 6 Section 448.103(d), Fla. Stat. (2019). 7 Section 112.3187(9)(c), Fla. Stat. (2019). 8 Iglesias v. City of Hialeah, No. 167335 (Fla. 3d DCA July 24, 2019). 9 Id. 1

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Id. Id. 12 Id. 13 Id. 14 Id. 15 Id. 16 Id. 17 Id. at 2-3. 18 Iglesias v. City of Hialeah, No. 167335 (Fla. 3d DCA July 24, 2019), citing Irven v. Dep’t of Health & Rehab. Servs., 790 So. 2d 403, 405 (Fla. 2001). 19 Iglesias v. City of Hialeah, No. 167335 (Fla. 3d DCA July 24, 2019)., citing O’Neal v. Fla. A&M Univ. ex rel. Bd. of Trs. for Fla. A&M Univ., 989 So. 2d 6, 14 n.5 (Fla. 1st DCA 2008). 20 Iglesias v. City of Hialeah, No. 167335 (Fla. 3d DCA July 24, 2019). 21 Id. at 4. 22 Id. 23 As of the date of publication, the compensatory damages trial has not occurred. 10 11

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ParalegalPost OCBA Paralegals Help New Hope for Kids!

ach year, OCBA members proudly support local initiatives that make a difference in our community. This past holiday season, members of the OCBA Paralegal Section, Maitland-based Moye, O’Brien, Pickert, Dillon & Masterson, LLP, and DeLandbased Alexander Appellate Law P.A., rolled up their sleeves and put a fresh coat of paint on much of local non-profit New Hope for Christopher S. Tribbey, Esq. Kids’ Center for Grieving Children. Founded in 1996, New Hope for Kids provides specialized support to children and families grieving the loss of a loved one and grants wishes to children in Central Florida who have lifechallenging illnesses. Every child grieves differently due to age, nature of the death, relationship to the person that died, available support, and family environment. But all children are resilient and able to heal as long as they are provided the opportunity to grieve and the necessary support is in place. If a child does not have an opportunity to

express his or her feelings, those feelings can become suppressed and resurface later in life, causing emotional and psychological issues that often require professional help. New Hope for Kids understands the grieving process and provides the grief support our community’s children (and their caregivers) need in order to return to a normal life. The Center for Grieving Children provides free and supportive services to approximately 235 families annually (approximately 400 children and 315 adults). This incredible impact is made possible by New Hope for Kids’ many volunteers, including nearly 100 trained grief facilitators, who volunteer approximately 19,000 hours annually to support the New Hope for Kids mission. Thanks in part to individuals such as members of the OCBA Paralegal Section and OCBA Construction Law Committee, these children will continue to have a safe and clean place to heal. For more information about New Hope for Kids, please visit http://www.newhopeforkids.org, or call or visit the Center for Grieving Children at 407-331-3059 or 544 Mayo Avenue, Maitland, Florida 32751. Christopher S. Tribbey, Esq., is an attorney at Moye O’Brien Pickert Dillon & Masterson, LLP. He has been a member of the OCBA since 2017.

OCBA Paralegal members, Chris Tribbey, and friends paint their way through New Hope for Kids, giving it a much-needed facelift.

Cori Schlitt, Brittney Bogan, Tina Farrington, Shannon Hager

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Ne w M e mbe rs Attorneys

Law Students

Louis B. BERK Harley C. CLEMENT Rosa M. Diaz VEGA Kelly J. GWIN Nathan Tyler HILL Shauntillia D. HODO Nestor M. IVANOR Brandon A. MONTVILLE Andrea M. ROEBUCK Michael J. STERN Betty E. VERDECIA Edward W. WIMP

Daniel ANDERSON Cristian CANTILLANA Alexus M. DAVENPORT Demi FABELO Sara J. JENSEN Jordan L. KUVEKE-GUYTON Michael A. RUFF Ana P. SANDOVAL-GONZALEZ Ebony WALKER Ashley BAILLARGEON

Tanya and Bob Present... It’s Your Record, So Preserve It Correctly Plus Case Law Update March 9th • Bring your lunch and learn! 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room CLE: pending. Free.

• •

Paralegal Student

RSVPs are requested.

Melody A. HOOVER

Contact: Lynn Harasti at ctjalh1@ocnjcc.org

Affiliate Susie M. UTT-WALLAKER

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. 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. 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 Office of Catherine E. Davey, 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 30 www.orangecountybar.org

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.

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Upchurch Watson White & Max

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