The Orange County Bar Assocation - The Briefs - October 2020

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Back Bench to School CLE Cla Bar 2020 ss Sch e r Spre dule ad

Cente

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message Let’s Do More and Talk Less LaShawnda K. Jackson, Esq.

October 2020 Vol. 88 No. 8

Chief ’s Column It’s Time to Lay Down the Heavy Burden The Honorable Donald A. Myers, Jr.

Professionalism Committee Ethical Considerations for Attorneys Regarding the Use of Social Media Lisa Ann Thomas, Esq. Paralegal Post Becoming NALA Certified Tina Farrington, FRP



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President’s Message Let's Do More and Talk Less LaShawnda K. Jackson, Esq.

Editor Robyn M. Kramer

Legal Aid Society GAL Teaching Tips Mind the GAP: An Overview of Florida's Guardianship Assistance Program Jonathan H. Neyer, Esq.

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Clerk’s Corner Helpful Tips When Filing Via the Florida Courts E-Filing Portal The Honorable Tiffany Moore Russell

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Joint OCBA and CFAWL October Luncheon A Centennial Celebration of the Passage of the Nineteenth Amendment

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Professionalism Committee Ethical Considerations for Attorneys Regarding the Use of Social Media Lisa Ann Thomas, Esq.

YLS on the Move Kimberlee A. Martin SideBar Alena V. Baker

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

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

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Voluntary Bar News SideBar Alena V. Baker, Esq.

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Real Property Committee Essential Property Rights for Non-Essential Property Owners: Stay-at-Home Orders and Takings Jay W. Small, Esq.

Hearsay Columnist Linnea M. Eberhart

Legal Aid Society What We Do... Extended GAP: Expanding the Benefits for Dependent Youth Katie M. Pareja, Esq.

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Chief's Column It's Time to Lay Down the Heavy Burden The Honorable Donald A. Myers, Jr.

Associate Editors Karen L. Middlekauff & John M. Hunt

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

OCBA Member News Hearsay Linnea M. Eberhart, Esq. Paralegal Post Becoming NALA Certified Tina Farrington, FRP

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New Members

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Classifieds

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2020 Professionalism Awards Bench Bar Conference 2.0 Back to School, Distance Learning Edition!

©2020

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EXECUTIVE DIRECTOR Jenny Brown

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Veterans Committee Role of a Vocational Expert in a TDIU Claim Devin Lessne, CRC, ABEV Claire Ziegler, CRC, IPEC

Advertising & Sponsorship Manager Ursla Gallagher Publication Services Candice Maull

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

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2020 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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President’sMessage

October 2020

Let's Do More and Talk Less

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his month the OCBA, along with the Central Florida Association for Women Lawyers (“CFAWL”) led by President Mary Walter, will continue the celebration of the 100th anniversary of the ratification and adoption of the 19th Amendment to the U.S. Constitution. Some think of the 19th Amendment as giving women the right to vote. However, as humans and citizens of this country, LaShawnda K. Jackson, Esq. women always had the RIGHT to vote. They just had to fight to have that right recognized. The passage of the 19th Amendment expressly stated that a woman’s right to vote should no longer be “denied or abridged” on the basis of sex. But there were many who knew that words on paper were not enough. They continued the fight to effectuate change until and beyond the passage of the Voting Rights Act of 1965, which sought to enforce the so-called voting “rights” of ALL women. When we think of the Women’s Suffrage Movement, we think of names like Susan B. Anthony, Alice Paul, and Elizabeth Cady Stanton. During the OCBA and CFAWL Joint Luncheon on October 22, 2020, with the help of legal scholars from around the state, we will explore the work of some of the lesser-known individuals involved in the Women’s Suffrage Movement. In preparing for the luncheon, I came across the biography of Mary Ann Shadd Cary. In addition to being a lawyer, an anti-slavery activist, a journalist, and a teacher, she is noted to be the first Black woman publisher in North America and the first woman publisher in Canada. She used her writings to criticize abolitionist who claimed to advocate for equality but supported segregation. She used her knowledge to educate children of freed slaves to give them more opportunities. She also used her legal skills to advocate for voting rights for women. She was often criticized by other journalists, male Black leaders, and even some women. But she was not discouraged. Arguably, her most courageous efforts for equality came in 1848 when, at the age of 25, Ms. Cary responded to an ad in Frederick Douglass’s North Star newspaper wherein he had asked readers for suggestions on improving the lives of Black people in America. In her letter, which was published by Frederick Douglass, she advocated that “we should do more and talk less.” Those words resonate even more today. The year 2020 has wreaked havoc on our lives. We’ve seen the loss of prominent sports figures, a great civil rights giant, and even a beloved superhero. We’ve been confined to our homes and offic-

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es and away from our colleagues and friends due to a pandemic. Some of us have lost loved ones, jobs, relationships, and so much more. And we find ourselves in the midst of social unrest and a fight for racial equality. Despite it all, we must continue the fight to effectuate change. As lawyers, jurists, and legal scholars we are in a unique position to do so. As a past president of The Florida Bar, Eugene Pettis reminded us during the August virtual luncheon that we are defenders of the Constitution and advocates for justice. As such, we must do more and talk less. As we approach the October luncheon, I ask each of you to reflect on what you are doing to enrich the lives of others, which will undoubtedly enrich your own life. Instead of just talking about The Florida Bar exam being rescheduled multiple times, have you joined the OCBA Bar Buddies Program or similar programs created to assist law students who face additional months of studying, delayed employment, and lack of resources? Instead of talking about the upcoming influx of eviction and mortgage foreclosure cases, have you assisted the Legal Aid Society of the Orange County Bar Association’s COVID-19 Housing Clinic to provide legal guidance to those facing eviction? Have you decided to take a stand for racial equality and against racial injustice by joining the ABA 21-Day Racial Equity Habit-Building Challenge to advance deeper understandings of the intersections of race, power, privilege, supremacy, and oppression? As we approach the close of election season, have you volunteered to be a poll watcher or registered as an election protection volunteer with the NAACP Legal Defense Fund, the League of Women Voters of Florida, the Hispanic Federation, or similar organizations that provide non-partisan support to identify and respond to instances of voting-related discrimination? Have you passed along information about the efforts of the Leadership Conference on Civil and Human Rights to ensure the public’s safety during the election in light of the threats posed by COVID-19? As we celebrate the 100th anniversary of the ratification and adoption of the 19th Amendment, consider even the smallest tasks like educating friends, family, and neighbors about their voting rights, as well as the importance of voting and the sacrifice that so many made for the recognition of voting rights for ALL! These are just little things that we can do to make our community, our profession, and our country better. Simply put, we must do more and talk less. LaShawnda K. Jackson, Esq., practices in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

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Clerk’sCorner Helpful Tips When Filing Via the Florida Courts E-Filing Portal

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he digital world we are now living in can present some technological challenges, and I know filing cases through the Florida Courts E-Filing Portal at times is no different. That’s why, in this issue of The Briefs, I wanted to pass along some helpful tips that hopefully will make the process easier and smoother for you. The preferred format for document submission to the portal is PDF/A-2a (or current equivalent). The portal currently allows and will continue to allow documents to be filed in Word and other PDF formats. However, it is recommended that filers convert their documents to the latest supported PDF/A format prior to filing. When filing a Word document, it is important to embed all fonts

in the document before converting it to a PDF/A-compliant file. While this sounds complicated, you will find step-by-step instructions for embedding fonts along with answers to frequently asked questions on the Florida Courts E-Filing Portal website at www.myflcourtaccess.com. From the homepage, select the E-Filing Portal dropdown and look for the information under News & Information. Training videos and manuals are also available on the site. When in doubt, watch these for other tips and instructions on how to register and file documents. Even though COVID-19 has reduced clerk and court operations in some ways, the Florida Courts E-Filing Portal is open, and many online options are available on the Clerk of Courts website at www.myorangeclerk.com as well. I even suggest you contact us before visiting the Clerk of Courts offices. Simply go to our Contact Us page to submit a question and get answers from the comfort and safety of your home. Your request will go directly to the appropriate division, where one of my deputy clerks will respond. I hope you will find these tips helpful as we continue to look for more ways you can access the courts and clerk services remotely. The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.

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ProfessionalismCommittee

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Ethical Considerations for Attorneys Regarding the Use of Social Media

he Florida courts as well as The Florida Bar have examined parties’ use of social media in litigation. When it comes to social media, less is usually best. In Chace v. Loisel, 170 So. 3d 802 (Fla. 5th DCA 2014), the trial judge sent a Facebook request to the litigant. The Fifth District Court of Appeal reasoned that the friend request created a diLisa Ann Thomas, Esq. lemma for the litigant to either engage in an ex parte communication or risk offending the presiding judge by declining the request.1 It also qualified that, “A Facebook friendship does not necessarily signify the existence of a close relationship.”2 The Fifth DCA nevertheless followed the Fourth District Court of Appeal’s ruling in Domville v. State, 103 So. 3d 184 (Fla. 4th DCA 2012), which held that a judge’s social networking friendship with the prosecutor was a legally sufficient basis for disqualification, and it quashed an order denying a motion to disqualify the trial judge.3 Interestingly, the Domville decision was later overturned by the Florida Supreme Court in Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, 271 So. 3d 889 (Fla. 2018). In Herssein, the court distinguished between social media friendships and actual relationships: A Facebook “friend” may or may not be a “friend” in the traditional sense of the word. But Facebook “friendship” is not – as a categorical matter – the functional equivalent of traditional “friendship.” The establishment of a Facebook “friendship” does not objectively signal the existence of the affection and esteem involved in a traditional “friendship.” Today it is commonly understood that Facebook “friendship” exists on an even broader spectrum than traditional “friendship.” Traditional “friendship” varies in degree from greatest intimacy to casual acquaintance; Facebook “friendship” varies in degree from greatest intimacy to “virtual stranger” or “complete stranger.”4 Beyond establishing connections among parties, social media has also led to the creation of litigation over discovery issues. In Root v. Balfour Beatty Construction LLC, 132 So. 3d 867, 868 (Fla. 2d DCA 2014), the Second District Court of Appeal held that the trial court’s broad discovery order requiring production of copies of a party’s Facebook postings departed from the essential requirements of the law. The Second DCA reasoned that the requesting defendant had not met its burden to establish relevance or that the discovery sought was reasonably calculated to lead to the discovery of admissible evidence under Fla. R. Civ. P. 1.280(b)(1).5 While the discovery sought may not be admissible if it does not otherwise pass relevancy hurdles, lawyers still have an obligation to preserve social media information to prevent spoliation. In its Opinion 14-1 dated June 25, 2015, The Florida Bar opined that,

“A personal injury lawyer may advise a client pre-litigation to change privacy settings on the client’s social media pages so that they are not publicly accessible.” However, The Florida Bar also directed that the social media pages should be preserved.6 Courts around the country have examined the impact of social media on litigation as well. For example, the Supreme Court of Virginia considered whether the trial court erred in denying a motion for a new trial based on undisputed misconduct by the plaintiff and his attorney.7 Following a multimillion-dollar jury verdict in Virginia, the defendant filed multiple post-trial motions, including motions alleging spoliation of evidence concerning the plaintiff’s Facebook page and motions for sanctions against the plaintiff and the plaintiff’s lead counsel.8 Alternatively, the defendant sought a new trial or remittitur for alleged misconduct by the plaintiff and his attorney.9 More than a year before trial, when plaintiff’s counsel received defendant’s request to produce, he instructed his client to “clean up [his] facebook [sic] and myspace!”10 The plaintiff complied and deleted his Facebook account.11 Plaintiff’s counsel then served a response to discovery indicating the plaintiff did not have an account on the date the discovery request was signed. The plaintiff later reactivated his account. Then, his attorney’s paralegal printed copies of his page and sent them to the defendant. The plaintiff then deleted sixteen photographs from his page.12 The trial court imposed sanctions on the plaintiff and his attorney for this misconduct months before the trial took place.13 As the defendant knew of the misconduct before the trial, the trial court found that the plaintiff’s misrepresentations did “not affect the validity of the verdict as to liability.”14 The Supreme Court of Virginia agreed and reasoned that the court mitigated the prejudice of the misconduct.15 The Supreme Court of Virginia held that the trial court did not abuse its discretion in denying a new trial. In New Jersey, the United States District Court for the New Jersey District found that where the plaintiff failed to preserve evidence concerning his social media accounts, an adverse inference or “spoliation instruction” was warranted at trial.16 In this case, the plaintiff alleged he was injured while working as a ground operations supervisor unloading baggage from an aircraft and was hit by a set of fueler stairs. The defendant sought discovery related to the plaintiff’s social media accounts. While he provided signed authorizations for the release of his social media networking sites, the plaintiff did not include a release related to his Facebook page. The court subsequently ordered the plaintiff to change his password to allow access to his page, which he did. After the account was accessed by defense counsel and some pages were printed, a subpoena was sent to Facebook to obtain all account data. Facebook objected to the subpoena and directed the parties to download the data directly. The parties agreed plaintiff’s counsel would perform the download, but in the interim, the plaintiff deactivated his account and the data was lost. When in doubt, don’t throw it out. If you have a specific inquiry regarding a social media issue or any other ethical question, members of The Florida Bar in good standing may contact the Ethics Hotline.

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Chief’sColumn It’s Time to Lay Down the Heavy Burden I believe race is too heavy a burden to carry into the 21st century. It is time to lay it down. We all came here on different ships, but now we’re all in the same boat. – Congressman John Lewis

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s I write, Congressman John Lewis lies in state at the Capitol against a backdrop of Black Lives Matter protests. The protests have been raging for more than two months. The Honorable The locations shift throughout Donald A. Myers, Jr. the nation, but the message reChief Judge mains constant. We have carried the heavy burden of race with us Ninth Judicial Circuit Court into the 21st century and it is time, long past time, to lay it down. The protestors may not be using the Congressman’s words, but it is his spirit embodied in the persistent fight against systemic racism. It has always been intended that the judicial branch come clothed in a mix of equal parts wisdom and impartiality. Yet, when I think about what it means for the judiciary to lay down the heavy burden of race, I am confronted with the undeniable dichotomy that while the courts were created to be free from bias, they are unquestionably influenced by bias. And how could this not be so? The courts, like all government agencies, are made up of people who view the world through their own individual lenses. Each person’s lens tinted by their lived experiences, the things they’ve witnessed and endured, all of which culminate in clouding our vision with an imperceptible hue and the creation of implicit biases. As the branch of government that is presumed impartial, the court fully understands the weight of the responsibility it bears in addressing these implicit biases and has been intentional in doing so. Implicit bias training is a required part of every young judge’s education. More in-depth coursework to ferret out and recognize

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biases, and to give judges tools to consciously set those biases aside is a regular part of judicial conferences. Yet, despite the years of examination, training, reexamination, and continued trainings, the implicit has not yet been fully laid bare. We can all see the effects of implicit bias play out daily on the national stage. It writes the burden of race into our laws. It profiles race when enforcing our laws. And it negotiates terms when defending our laws. When a BIPOC (Black Indigenous Person of Color) gets arrested, in a context where a white person would not, and ends up in a courtroom with a negotiated plea and a lifetime of consequences – that is the sum total of multiple agencies’ implicit biases. That is the heavy burden of systemic racism woven into fundamental processes and institutions. Rooting out, exposing, and eliminating these deeply entrenched, implicit biases is difficult and challenging work that takes persistence and courage. There is no quick fix. There is no easy answer. And, precisely because there’s no simple resolution, it is critical that we acknowledge the impact of systemic racism while making a commitment to eradicating it. As a member of the judiciary, I must conscientiously ask myself, what is it that paints my perspective? What do I need to debunk and set aside? I must constantly remember that this is the work, these daily acts of mindfulness. The daily acts of recognizing who I am and the events that shaped me. Being aware of how I see the world and how the world sees me. Remembering that to love my neighbor as I love myself, I must start by understanding the different journeys we each travel through life. Which brings my thoughts back to where they were when I first sat down to begin writing – with civil rights lion, Congressman John Lewis. In his spirit, born out his experiences, I seek the inspiration of personal sacrifice and public service and the hope that the time is coming to finally lay down the heavy burden of race and realize we are all in the same boat. The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

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Real PropertyCommittee Essential Property Rights for Non-Essential Property Owners: Stay-at-Home Orders and Takings

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s state and local governments have begun reopening their economies, the dark reality is that, as of the date of this article, the pandemic gripping the nation has left more than 171,000 dead in its wake.1 Amid the COVID-19 pandemic, virtually every municipal, county, and state government implemented unprecedented and extraordinary stay-at-home orders to combat the virus’ spread by Jay W. Small, Esq. closing non-essential businesses. Rarely have external events beyond the power of civil authorities to control so disrupted domestic economic life. These measures engender controversy because they implicate legitimate constitutional liberty and property rights. From a property rights perspective, the following question arises: when do these measures trigger constitutional protections against government taking private property without paying compensation under the Fifth Amendment, U. S. Const., or Article X, Section 6(a), Fla. Const?2 Plaintiffs in several states have challenged stay-at-home orders on federal and state takings bases.3 In inverse condemnation, an owner’s remedy is compensation for what the government took. Takings clauses spread the economic costs of public action across the public as a whole: “The Fifth Amendment’s guarantee that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.”4 Florida courts read the Article X, Section 6(a) takings clause coextensively with the Fifth Amendment.5 Takings jurisprudence recognizes several regulatory takings theories. One involves actions that authorize the government to occupy or physically invade property.6 An action compelling the surrender of possession of property is also a categorical taking because a fundamental stick in the proverbial bundle of sticks of an owner’s interest in property is the right to exclude others from the property.7 No matter how slight the invasion, as long as it has a degree of permanence, it is a paradigmatic taking.8 Relatively straightforward inverse cases, therefore, are those falling into the category of commandeering private property during a war or pandemic, even if temporarily.9 Another theory involves actions that totally deprive owners of substantial use or value of property.10 These are categorical takings falling within this theory, which do not warrant a fact-intensive analysis to determine that a taking has occurred. Government action so onerously burdensome that it totally deprives owners of substantially all use or value of their property is a categorical taking because it is tantamount to a physical taking.11 Yet not every governmental action is viewed under the lens of Lucas because most typically allow for some residual private uses. theBriefs October 2020  Vol. 88 No. 8

Therefore, another non-categorical taking theory involves police power actions falling short of directly commandeering property or eliminating substantially all use of the property or its value. A partial deprivation-of-use theory requires courts to engage in an ad hoc factual inquiry concerning the action’s economic impact on the owner, the extent of its interference with distinct investment-backed expectations, and the character of the government’s action.12, 13 Penn Central ’s test applies if the owner loses something less than substantially all economically viable use of property; its test and Lucas’s are mutually exclusive.14 Police power describes largely everything the sovereign can do.15 The issue is whether the police power action goes too far.16 Governments may defend stay-at-home orders by contending that their actions do not damage or destroy non-essential businesses on property but only cause a temporary loss of the use of the businesses premises.17 Courts accord governments latitude in regulating their local economies with less than mathematical exactitude.18 Governments may defend these cases based on their legitimate interest in public safety, health, and welfare during an international worldwide pandemic, contending that under Penn Central, their police powers are broadly entitled to judicial deference. Judicial deference accorded to governmental action by Penn Central makes these cases more difficult to prosecute than Loretto or Lucas categorical takings. There is a risk, however, that governments’ characterization of their actions as police power exercises can swallow up the other Penn Central factors. Inquiring into the character of the governmental action is not the alpha and omega of the takings analysis, and governments’ characterization of their actions as police powers is not a complete defense to a partial takings claim. One cannot conflate a factor with a bright-line rule. A plaintiff in a partial-regulatory takings case nearly always concedes the regulation’s validity. The corollary to paying too much attention to Penn Central’s “character prong” is paying too little attention to its other prongs, particularly the economic impact of the action on the owner. Careful practitioners, therefore, should clearly articulate the constitutional theory underpinning their takings claims. A practical litmus test for application of the character prong of Penn Central considers whether the governments’ actions narrowly target specific property uses or activities that themselves pose a public health threat, much the way courts consider nuisance abatement actions.19 Regardless of how governments characterize their actions, courts have always mandated compensation when an action goes too far.20 The characterization of government action as a police power is not the sine quo non of the takings analysis since courts read the Fifth Amendment’s public use requirement conterminously with the governments’ police power limits.21 A limitation on potential inverse condemnation recovery is that Florida law does not consider a business to be property in the constitutional sense. Article X, Section 6(a) only requires compensation for taking constitutionally protected property interests. In a direct condemnation case, a business owner is only entitled

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to claim business damages if the owner qualifies for business damages under section 73.071(3)(b), Fla. Stat. (2019).22 A property owner must distinguish whether a stay-at-home order affects a constitutionally protected property interest rather than a business on the property. Under federal takings law, when the government commandeers an on-going business, as opposed to a business premise, the Fifth Amendment demands compensation for the going concern or goodwill use that is lost by the business as a result.23 Protecting constitutional rights during times of national emergency is critical. Owners of property with non-essential businesses have constitutional rights even in a time of national catastrophe. Governments have no greater constitutional power after an emergency declaration than they did before. Takings claims based on stay-at-home orders are subject to the four-year statute of limitations in section 95.11(3)(p), Fla. Stat. (2019).24 As these cases progress through the courts, it will be instructive to see their resolutions. Jay W. Small, Esq., a shareholder at Mateer & Harbert, P.A., concentrates his practice in the areas of eminent domain, inverse condemnation, property rights, land use law, and transportation infrastructure. He represents private and public clients. He is a member and past chair of the OCBA Real Property Committee and serves as a volunteer guardian ad litem for the Legal Aid Society of the Orange County Bar Association, Inc. He is a member of the board of trustees and serves as the treasurer for the Legal Aid Society. He has been a member of the OCBA since 1994.

County, etc., et al., Case No. 3:20-CV-05358-RV-HTC. The plaintiffs argued that the closure amounted to a physical taking of private property. A more complete list of pending litigation in other states is found at https:// www.inversecondemnation.com/inversecondemnation/2020/05/new-article-evaluating-emergency-takings-flattening-the-economic-curve.html. 4 Armstrong v. United States, 364 U.S. 40, 49 (1960). 5 St. Johns River Water Management Dist. v. Koontz, 77 So.3d 1220, 1222 (Fla. 2011), reversed on other grounds, 133 S.Ct. 2586, 2596 (2013). 6 Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 102 S. Ct. 3164, 73 L. Ed. 2d 868 (1982); Storer Cable T.V. of Florida, Inc., v. Summerwinds Apartments Associates, Ltd., 493 So.2d 417 (Fla. 1986). 7 In Nollan v. California Coastal Commission, 483 U.S. 825, 831 (1987), the Court reiterated its holding that, as to property reserved by its owner for private use, “the right to exclude [others is] ‘one of the most essential sticks in the bundle of rights that are commonly characterized as property[,].’”quoting, Loretto, 428 U.S. at 433. See also, Kaiser Aetna v. United States, 444 U.S. 164, 176 (1979). 8 Lingle v. Chevron USA, Inc., 544 U.S. 528, 538-39 (2005). 9 See also, Youngstown Sheet and Tube Co., v. Sawyer, 343 U.S. 579 (1952) (Seizure of steel mills during Korean War); Kimball Laundry Co. v. United States, 338 U.S. 1(1949). 10 Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1015, 112 S. Ct. 2886, 120 L.Ed.2d 798 (1992); Keshbro, Inc. v. City of Miami, 801 So.2d 864, 871 (Fla. 2001). 11 Lingle, 544 U.S. at 538-39. 12 Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 124, (1978); Tampa-Hillsborough County Expressway Authority v. A.G.W.S., 640 So.2d 54, 59 (Fla. 1994) (Barkett, C.J., concurring).

By contrast, a plaintiff does not need to allege detailed facts regarding the economic impact of physical seizures of property or to allege a cause of action for a physical invasion or a regulation that authorizes physical invasion. Lingle, 544 U.S. at 538-39. 14 An owner’s investment-backed expectations are irrelevant in a Lucas takings case. 15 However, the federal takings clause public use requirement is coterminous with a sovereign’s police power. Hawaii Housing Auth. v. Midkiff, 467 U.S. 229, 240 (1984). 16 Pennsylvania Coal v. Mahon, 260 U.S.393, 415 (1922). 17 Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S 302 (2002). 18 City of New Orleans v. Dukes, 427 U.S. 297, 303 (1976). 19 By comparison, in a Lucas takings case, the government’s action was immune from a takings challenge only if it duplicated the “result…achieved in the courts by adjacent landowners…under the State’s law of private nuisance, or by the [State’s] power to abate…nuisances.” Lucas, 505 U.S. at 1029. 20 Mahon, 260 U.S. at 415. 21 Midkiff, 467 U.S. at 240. 22 Tampa-Hillsborough County Expressway Authority v. K.E. Morris Alignment Services, Inc., 444 So.2d 926 (Fla. 1984). 23 Kimball Laundry, 338 U.S. at 11, (Long-term, but temporary, seizure of going-concern private laundry business, including use of facilities and equipment, by the Army during World War II). 24 See Sutten v. Monroe County, 34 So.3d 22 (Fla. 1st DCA 2013). 13

https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/us-cases-deaths.html. 2 Modern takings jurisprudence recognizes an infinite number of ways governmental actions can implicate takings clauses. Arkansas Game and Fish Comm’n. v. United States, 568 U.S. 23 (2012). Consequently, exhaustive discussion of the myriad takings challenges and defenses to stay-at-home orders is beyond this article’s scope. This article identifies jurisprudential guardrails to guide litigants and the judiciary. It does not discuss non-takings challenges like unlawful delegation of authority, ultra vires acts, or substantive due process claims. Wisconsin’s Supreme Court, by split decision, struck down an extension to the state’s stay-at-home order, not on takings grounds, but because the court concluded the order exceeded authority delegated to the executive branch by the legislative branch and constituted the exercise of rule-making authority in contravention of the state’s administrative procedures act. Wisconsin Legislature v. Palm, ---N.W.2d---, 2020 WL 2465677 (Wi. 2020). 3 In the Northern District of Florida, several plaintiffs, including former Arkansas Governor Michael D. Huckabee, filed a multicount complaint against Walton County alleging, inter alia, a taking of private property under the Fifth Amendment. At issue was a county ordinance which closed all beaches, public and private, and prohibited anyone from being on the beaches, including owners of private beaches. Dodero, etc., et al., v. Walton 1

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2020 PROFESSIONALISM AWARDS Congratulations to the Orange County Bar Association 2020 Professionalism Recipients N. Diane Holmes, Esq. William Trickel, Jr. Professionalism Award

Anthony F. Sos N. Diane Holmes Kate T. Hollis Anthony F. Sos Hon. Karen S. Jennemann Kate T. Hollis

Keshara D. Cowans, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

The Honorable Karen S. Jennemann James G. Glazebrook Memorial Bar Service Award

Anthony F. Sos Keshara D. Cowans Kate T. Hollis

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Bench Bar Conference 2.0: Bac Bench Bar Conference 2.0 - Schedule At-A-Glance Homeroom: Coffee and Virtual Networking

8:00 - 8:45 am Platform: Remo

Grab a cup of coffee and join fellow conference attendees for a morning of networking. Make sure to visit with our sponsors throughout the day in Homeroom to be entered to win a variety of raffle prizes at the end of day happy hour!

8:45 - 8:55 am Platform: Remo

Morning Announcements: LaShawnda K. Jackson, OCBA President PI / Insurance Defense

Session 1 9:00 - 9:50 am Platform: Zoom

Session 2 10:00 - 10:50 am Platform: Zoom

Session 3 11:10 - 12:00 pm Platform: Zoom

Business & Tax

Estate, Probate, Guardianship

Practice Management

Appellate

Criminal

Family

Evidence

Inside the Courtroom

Technology & Demonstrative Exhibits

Business Court Update

SNTs vs ABLE Accounts

Practicing Professionalism in Federal and State Courts

Writs & Motions

Case Law Update in Criminal Court

The Family Law Attorney’s Evidence Tool Bag: Part 1

Admitting Evidence 101

Jury Selection

Dutch Anderson Brian Murry Mark Nation

Hon. John Jordan Hon. Donald Myers Hon. Frederick Lauten

Hon. Luis Calderon Hon. Carlos Mendoza Hon. Daniel Irick

Hon. Sandra Williams Sharon Serra Kristopher Warburton

Hon. Wayne Wooten Hon. Tom Young

Hon. Diana Tennis Hon. Vincent Chiu Hon. Laura Shaffer

Hon. John Beamer Hon. Amy Carter Hon. Gabrielle Sanders-Morency

Hon. Steve Jewett Hon. Greg Tynan

Mod: Fermin Lopez

Mod: Patricia McConnell

Mod: Catherine Davey

Mod: Whitney Boan

Mod: Jennifer Dixon

Mod: Hon. Diana Tennis

Mod: Michael Barber

Mod: David Bigney

Healthcare Liens with an Emphasis on Medicare

Summary Judgment: A New Era?

DNRs in Guardianships

Opening a Practice

Anatomy of An Oral Argument

Think Before You Speak/Tweet (Ethics in Communications)

Evidence Tool Bag: Part 2

Admitting Evidence 201

Judicial Biases & Recusals

Brian Murry Jason Lazarus

Hon. Chad Alvaro Ronny Edwards

Hon. Alan Apte

Stephanie Vollrath Mercedes Wechsler Richard Hornsby

Hon. Paetra Brownlee Eric Netcher William Ponall

Hon. Robert Egan Keshara Cowans Patti Savitz Hon. Elaine Barbour

Hon. Diego Madrigal Hon. Greg Tynan Hon. Diana Tennis

Hon. Luis Calderon Hon. Jessica Recksiedler Hon. Tanya Wilson

Hon. Elizabeth Starr Hon. Bob LeBlanc Hon. Gisela Laurent

Mod: Deborah Mitchell

Mod: Joshua Grosshans

Mod: Linda Solash-Reed

Mod: Tad Yates

Mod: TBD

Mod: Alena Baker

Mod: Diana Tennis

Mod: Tiffany Faddis

Mod: TBD

Jury Selection in Injury & Wrongful Death Cases

Employment Law (Title TBD)

Electronic Wills and Notary

Marketing Your Practice

Newly-Discovered Evidence and Appeals in Postconviction Motions

Crimmigration: Navigating Immigration and Criminal Consequences Today

Business Valuations

Digital Evidence

Persuasive Arguments

Melvin B. Wright Brian Murry

Justin McConnell Hon. Keith White

Hon. Margaret Hudson

Matt Olszewski Bill Umansky Jordan Ostroff

Hon. Jeffrey Kuntz Hon. Jamie Grosshans Hon. Eric Eisnaugle

John Gihon Hon. Gisela Laurent Hon. Carlos Mendoza

Hon. Julie O’Kane Richard West Tom Gillmore, CPA

Hon. Lisa Munyon Hon. Jessica Recksiedler Hon. Greg Tynan

Hon. John Beamer Hon. Bob LeBlanc Hon. Jeanette Bigney

Mod: Fermin Lopez

Mod: TBD

Mod: Catherine Hanna

Mod: Lyle Mazin

Mod: Lisabeth Fryer

Mod: Alena Baker

Mod: Donald Myers

Mod: James Smith

Mod: TBD

Hon. Kevin Weiss

12:00 - 12:30 pm Platform: Remo

Mod: Lisabeth Fryer Mod: Brian Sandor

Cafeteria Break / Sponsor Showcase / Networking Grab your lunch and visit with our sponsors and socialize with colleagues.

Getting Sent to the Principal’s Office: A Word from A Florida Supreme Court Justice and Florida’s Chief Judges Program: 12:30 - 1:30 pm

The Hon. Lisa Davidson, Chief Judge Eighteenth Judicial Circuit The Hon. Donald Myers, Chief Judge Ninth Judicial Circuit The Hon. Alan Lawson, Justice, Supreme Court of Florida Mod: Tony Sos

Session 4 1:40 - 2:30 pm Platform: Zoom

Session 5 3:30 - 4:20 pm Platform: Zoom

Session 6 4:30 - 5:20 pm Platform: Zoom

5:30 - 6:30 pm Platform: Zoom

Case Law Update in Personal Injury

Chapter 607: The New and Improved Florida Business Corporation Act

William Tonelli Brian Murry Jason Breslin

Hon. Lisa Munyon Stefan Rubin

Mod: TBD

Mod: Eric Reed

Courtroom Policies & Procedures

Force Majeure in Business and Employment Contracts

Jon Gilbert Brian Murry Hon. John Kest

Hon. Vincent Falcone

Mod: Fermin Lopez

Mod: Robyn Kramer

Daubert and Predicate Expert Opinions

Foreign Taxation with Associated Asset Protection and the Impact of Cryptocurrencies

Alex Gillen Brian Murry David Simmons Mod: TBD

DNRs in Guardianships

Balancing Your Law Practice Judicial Philosophy on the with Your Personal Life Appellate Bench

Hon. Alan Apte

State of Cannabis

The Judicial Perspective on Evaluations for Custody Litigation

Ethics & Discovery

Bench Trial/ Complex Evidentiary Hearing

Hon. Carly Wish Hon. Jeanette Bigney Hon. Wayne Wooten

Hon. Alan Lawson Hon. James Edwards Hon. Meredith Sasso Hon. Matthew Lucas

Hon. Steve Jewett Dr. Charlene Cooper

Hon. Alan Apte Kyle J. Goodwin Hon. Heather Higbee

Hon. Heather Rodriguez Hon. John Kest Hon. Faye Allen

Hon. Eric DuBois Hon. Kevin Weiss

Mod: Sheena Thakrar

Mod: Bill Ponall

Mod: Joel Leppard

Mod: Diana Tennis

Mod: Nick Shannin

Mod: TBD

Partners, Associates and Staff

Florida Supreme Court Update

Marcy’s Law

The Crossover Issues in Family Law Cases

Strategic Use of Lay vs. Expert Witness

Professionalism: How to Handle Disputes

Hon. Amy Carter Hon. John Jordan Jim Vickaryous

Hon. Alan Lawson

Hon. Leticia Marques Jared Brooks Kamilah Perry

Hon. Jeff Ashton Frank Symphorien-Saavedra Lori Patton

Hon. Chad Alvaro Hon. Kevin Weiss Hon. Vincent Chiu

Hon. Heather Higbee Hon. Heather Rodriguez Hon. Luis Calderon

Mod: Whitney Boan

Mod: Jamie Billotte Moses

Mod: Jessica Travis

Mod: Mark O’Mara

Mod: Mark Nation

Mod: TBD

Elder Bias

Client Communication

Brief Writing

A Judicial Perspective on DUI’s

Case Law Update in Family Court

Evidence Legal Update

57.105 Sanctions AV

Gary A. Forster Eric C. Boughman J. Brian Page

Hon. Jose Rodriguez

Hon. Tom Young Lyle Mazin Tom Sommerville

Hon. John Harris Hon. Brian Lambert Hon. Matthew Lucas

Hon. Jeanette Bigney Hon. Brian Duckworth Hon. Elizabeth Gibson

Nick Shannin

Hon. Leticia Marques Hon. Julie O’Kane Hon. Frederick Lauten

Hon. Diana Tennis Hon. Chad Alvaro Hon. John Kest

Mod: Kathryn Huynh

Mod: Tracey Zanco

Mod: Amy Carter

Mod: Cassandra Snapp

Mod: Jeff Lotter

Mod: France Lopez

Mod: Lisa Gong-Guerrero

Mod: TBD

Mod: Linda Solash-Reed

Non CLE Session: OCBA Health and Wellness Committee Melissa Byers

Happy Hour / Sponsor Raffle Prize Drawings

Schedule subject to change.


ck to School, Distance Learning Edition!

These aren’t just your standard Zoom sessions! Don’t miss your chance to interact with your peers and our conference sponsors during these designated times in the Bench Bar Homeroom using the innovative Remo platform. Attendees are able to scan the room, visit with colleagues and make new connections. Sponsors will also have designated stations in the Homeroom. Visit with 5 or more for a “passing grade” on your report card that can be turned in for entry into the raffle prize drawing at the end of the day!

mug” to From “best coffee ed Zoom “best school them icipate in background,” part Bar Spirit a series of Bench r a chance Award contests fo ! to win a gift card



VeteransCommittee Role of a Vocational Expert in a TDIU Claim

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Devin Lessne, CRC, ABEV

Claire Ziegler, CRC, IPEC

vocational assessment can provide valuable information for decisionmakers regarding Total Disability Individual Unemployability cases, also known as TDIU cases and help answer whether a veteran’s service-connected disabilities prevent him or her from securing substantially gainful employment (“SGE”). The Department of Veterans Affairs (“VA”) defines SGE as “employment that is ordinarily followed by the nondisabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides.”1 The VA specifies that SGE cannot include sheltered or protected employment. Further, if a veteran’s annual wages are below the poverty level, this employment cannot be considered substantially gainful.2 If a veteran is unable to secure SGE as a result of a service-related disability, then he or she is entitled to receive 100% compensation for TDIU.3

case, including a review of the medical, psychological, and other records contained in the file. Additionally, a thorough interview is conducted with the veteran regarding symptomology, limitations, educational history, and work history. This information is synthesized, and the residual functional capacity (“RFC”) of the veteran is identified. RFC is the functional ability a person has after the effects of the disabling condition. RFC can relate to physical and/or mental abilities that result in restrictions on certain behaviors and/or exposure to specific environments. The RFC identified in the records are matched with the veteran’s past work as defined in the Dictionary of Occupational Titles4 and the functional demands of that job. If the functional limitations preclude past work, the VE will perform a transferable skills analysis. No more than the past fifteen years of work are analyzed as it is no longer realistic to expect skills to continue after fifteen years.5 For example, if a veteran had worked for the previous fifteen years in unskilled, but physically demanding jobs, no skills would transfer to other work. If the veteran has no past skilled work, or the RFC precludes skills from past work, the VE must consider other, unskilled jobs that both exist in the economy and that would fit within the RFC. In addition, the vocational expert will also provide an analysis regarding the labor market and the actual availability of jobs in the current economy. As part of the conclusion, specific records must be cited to support the RFC and the date the RFC was established. If the RFC precludes any unskilled work in the economy, the VE can conclude that the veteran could not work. This analysis also allows the VE to determine when the veteran became unable to work. Decisionmakers are often faced with challenges when evaluating TDIU case records without a vocational assessment. Information contained in a veteran’s records can be confusing and contradictory. Identifying the RFCs can be difficult if the records are unclear. The veteran may have unsuccessful work attempts or a history of accommodated work in the past. It is often difficult for TDIU decisionmakers to thoroughly unpack and effectively analyze this information. Additionally, decisionmakers may struggle to identify the date the veteran became unable to work. A VE has the skills to identify RFCs and past relevant work and to determine how the veteran’s service-connected disabilities may limit their ability to work and earn a substantially gainful income. If the veteran cannot earn a substantially gainful income as a result of his or her service-connected disabilities, the veteran may qualify for a 100% TDIU rating from the VA. Thus, a vocational assessment from a qualified VE can be invaluable in supporting a veteran’s TDIU claim.

Decisionmakers in these types of cases often rely on the opinion of physicians and other medical providers to determine whether a veteran can still obtain SGE. These individuals, however, do not have specialized vocational experience or expertise and are not equipped to determine the feasibility of a veteran’s ability to work. A vocational assessment can help bridge the gap between any documented medical and psychological limitations and residual functional limitations within the context of jobs in the present labor market. A vocational assessment is a multi-step process and is prepared by a vocational expert (“VE”). The vocational rehabilitation assessment must have a methodology that fulfills the VA requirements to address the critical questions in a TDIU matter. These questions include: • Is the veteran disabled? Devin Lessne, MA, MS, CRC, CDMS, ABVE/F, PVE, IPEC, is the presi• What is the estimated date of TDIU? dent of Vocational Expert Services, Inc., where he focuses on divorce, work• Was past work sheltered or protected employment? ers’ compensation, personal injury, and employment law. He is an affiliate member of The Florida Bar Family Law Section and has been an affiliate The analysis also includes a vocational opinion based on both ob- member of the OCBA since 2015. jective and subjective evidence regarding the estimated date the Claire Ziegler, MA, CRC, IPEC, is a vocational rehabilitation consultant veteran was unable to work at SGE. and vocational expert at Vocational Expert Services, Inc. She specializes Vocational assessments are structured by topic, starting with the in social security, Workers’ compensation, and veteran’s TDIU. She is the reason for the referral. All records to be considered in the mat- Central Florida president of the International Association of Rehabilitation ter are summarized in a report. This records summary is critical Professionals (“IPEC”). because it outlines the objective and subjective evidence in the theBriefs October 2020  Vol. 88 No. 8 www.orangecountybar.org                 PAGE 19


Legal Aid SocietyGAL Teaching Tips

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Mind the GAP: An Overview of Florida’s Guardianship Assistance Program

t just sixteen years old, Sarah does not yet have her driver’s license, has yet to attend a high school prom, and has never traveled north of Georgia, but she has already experienced enough trauma for a lifetime. After her parents were repeatedly unable to put Sarah’s needs for food, appropriately sized clothing, and freedom from physical endangerment above their chronic substance abuse issues, she was reJonathan H. Neyer, Esq. moved from her parents’ custody. Fortunately, the court placed Sarah with her maternal aunt, whom Sarah knew, loved, and trusted. Understanding how challenging growing up without a parent was for Sarah and that caring for her would not be an easy financial undertaking, Sarah’s aunt committed to caring for her long term. As guardians ad litem (“GALs”) serving the best interests of children like Sarah, we know it is vital to ensure Sarah and her aunt have the support and services they need. These supports are what finally end systemic poverty and violence. The Guardianship Assistance Program (“GAP”) is governed by Section 39.6225, Florida Statutes, and became effective on July 1, 2019. GAP was created to support caregivers and children placed into the child welfare system. Relatives who meet the eligibility requirements are entitled to a series of benefits. One of the key requirements is that the guardian be licensed to care for the child as provided in Section 409.145, Florida Statutes, which relates to family foster homes. So what exactly are the benefits of becoming a licensed foster care placement and participating in GAP? The first benefit is increased monthly financial support for a child. Payments amount to $4,000 annually per child and can be increased based on the circumstances and needs of the child. The monthly payment of $333 can be made in lieu of any other relative/non-relative caregiver funds under Section 39.5085, Florida Statutes, which are typically around $250 per month. The child will be enrolled in a Medicaid plan through this specific program, for which they are eligible until they turn eighteen. Non-recurring payments of up to $2,000 are provided to the guardian for costs associated with home studies, court costs, attorney fees, and the cost of physical and psychological examinations. College tuition exemption vouchers are also provided, which allow children in GAP to receive free tuition at any Florida state university, community college, or vocational school. In addition, community service providers continue to provide aid such as counseling and support groups for the families even after the dependency case closes. Payments made under GAP stop when the child turns eighteen. However, under Section 39.6225(9), Florida Statutes, the benefits of the program can be extended to age twenty-one if the guardian entered into the GAP agreement while the youth was between the PAGE 20

ages of sixteen and eighteen years. To receive this extended funding, the youth must be: a) completing secondary education or a program leading to an equivalent credential; (b) enrolled in an institution that provides postsecondary or vocational education; (c) participating in a program or activity designed to promote or eliminate barriers to employment; (d) employed for at least eighty hours per month; or (e) unable to participate in programs or activities listed in paragraphs (a)-(d) full time due to a physical, intellectual, emotional, or psychiatric condition that limits participation. Another significant GAP benefit for families is that the payments are not contingent upon continued residency in Florida. § 39.6225, Fla. Stat. (2019). Relicensure of the out-of-state guardian’s home is not required, and payments will continue as long as the requirements of the statute continue to be met. The Department of Children and Families redetermines eligibility annually, so the guardian needs to ensure that they renew their application accordingly. The department case manager and family support worker must inform the caregiver about GAP upon placement of the child in the home. The caregiver may decline to participate at that time, but they are still able to apply for licensure and become eligible at a later date. The case plan must describe the manner of eligibility, efforts to discuss guardianship, and why a permanent placement with the prospective guardian is in the best interest of the child. § 39.6225(10), Fla. Stat. (2019). It is important that the department workers and GALs discuss licensure and GAP with the caregiver every sixty days to determine whether the caregiver’s interest level has changed. The child must be placed with the licensed caregiver and be eligible to receive foster care board payments for at least six consecutive months to be eligible for GAP. As GALs, we find achieving timely permanency for the child can best be achieved if the eligibility for foster care payments is established as soon as possible after the dependency case is opened. This helps us avoid many of the eleventh-hour uncertainties that are often present in dependency court, such as missing documents or certifications required to complete a process. Placement stability is a core component of ensuring the health, safety, and well-being of dependent children. Support provided to caregivers and children through GAP helps create that stability. In addition to meeting Sarah’s basic needs such as food, shelter, and clothing, a driver’s license is also in her future. Sarah, her aunt, and I expect Sarah will use that license to drive herself across the state to college in a couple of years. For more information about GAP or to become a GAL, please contact Jonathan H. Neyer, Esquire, at jneyer@legalaidocba.org, or 407-841-8310. For information about how 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. Jonathan H. Neyer, Esq., is a guardian ad litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2014.

www.orangecountybar.org

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Legal Aid SocietyWhat We Do...

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Extended GAP: Expanding the Benefits for Dependent Youth

s a Guardian ad Litem (“GAL”) Program attorney at the Legal Aid Society of the Orange County Bar Association, Inc., I work with a compassionate and unstoppable team of pro bono attorney GALs on cases related to older youth who face a unique set of challenges. We are not only responsible for advocating for their best interests in and out of court but also for helping prepare them for adulthood by Katie M. Pareja, Esq. knowing the available placement and education options that will help them succeed. The Extension of Guardianship Assistance Program (“EGAP”) has expanded the availability of benefits that are typically only available to qualified youth in licensed care who enter permanent guardianships with relatives or non-relatives. Youth in licensed care are eligible for extended foster care if they turn eighteen while in a foster care placement (also known as “aging out”), and if they meet one of the eligibility requirements, which include, for example, completing secondary education or a program leading to an equivalent credential, enrollment in a post-secondary or vocational education institution, and employment for at least 80 hours per month. Youth who are in licensed care for a period of at least six months after the age of sixteen also become eligible for Postsecondary Education Support Services (“PESS”), which gives youth a $1,256.00 monthly stipend if they are enrolled for nine credit hours or full-time in a vocational or technical program. The introduction of the Guardianship Assistance Program (“GAP”) has extended eligibility for PESS and EGAP to youth placed with relatives and non-relatives through Level One licensing. In a traditional permanent guardianship, the youth is only eligible for a tuition waiver. Level One licensing, however, allows relatives and non-relatives to be classified as licensed foster care placements. As such, youth placed in this setting now have the opportunity to meet the requirements for PESS and EGAP, which provide much-needed education and financial support. EGAP is available to caregivers who are granted permanent guardianship of a child under GAP and enter into the Guardian Assistance Agreement (“GAA”) when the child is sixteen or seventeen years old. See § 39.6225, Fla. Stat. (2019). The caregiver must receive six payments under GAP and enter the agreement after the child turns sixteen before the dependency case is closed to permanent guardianship. See § 39.6225 (2)(d), Fla. Stat. (2019). The extended GAA is sent to the caregiver with the program requirements sixty days prior to the youth’s eighteenth birthday. See § 39.6225 (9), Fla. Stat. (2019). The qualifying activities for EGAP are the same as EFC. See § 39.6251, Fla. Stat. (2019). For the PESS program, a youth will

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meet the eligibility requirements once they spend a total of six months in the Level One licensed home after the age of sixteen and before turning eighteen. See § 409.1451 (2), Fla. Stat. (2019). GAL advocacy is important to ensure the caregiver understands the timing, because if the caregiver is not licensed for 180 days before the youth turns eighteen, they will not meet eligibility for the PESS program. See § 409.1451 (2)(a)(1), Fla. Stat. (2019). The GAL plays an important role in ensuring these benefits are available for youth, because there are strict regulations and time frames for eligibility. Introducing caregivers to the GAP early will reduce the risk of failing to qualify later. It is imperative that the GAL review the placement order for accuracy, as it must clearly state that the child is placed in the custody of the relative or non-relative to qualify for EGAP. See § 39.6225 (9), Fla. Stat. (2019). Further, the GAL must identify a successor guardian should something happen to the caregiver. The GAA requires the name of a person who will receive successor payments. Due to high case manager turnover, GALs often have the privilege and responsibility of possessing the most knowledge about the youth’s history and about who could fill the caregiver role. It is important to start this conversation early because it is often difficult to find one person to care for older youth, let alone identify two individuals. GAL advocacy is essential to ensure the youth is receiving maximum benefits. Those who qualify for EGAP will receive the foster care board rate until the youth is twenty-one years old, or twenty-two if the youth has a documented disability. In a traditional permanent guardianship, funds stop at age eighteen, and the only additional benefit available is a tuition waiver. Under EGAP, the youth gets a tuition waiver and can qualify for PESS. The PESS stipend is not available for youth who closed out with relative and non-relative placements. The end goal is to set youth up to live independently, and GAL advocacy is key in reaching this mission. Even if counting and calendaring eligibility dates are not your strengths, do not worry; the Legal Aid Society GAL Program staff is here to help co-counsel, discuss options, and even help count. The counting is worth it when you receive invitations to your GAL youth’s high school and college graduations! For more information about the GAP, or to become a GAL, contact Katie M. Pareja, Esquire, at kpareja@legalaidocba.org, or 407-841-8310. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, director of development, at dhaynes@legalaidocba.org, or 407-515-1850. Katie M. Pareja, Esq., is a guardian ad litem staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2018.

www.orangecountybar.org

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ProfessionalismCommittee continued from page 6

Lisa Ann Thomas, Esq., is an associate at Cole, Scott & Kissane, P.A., in Orlando, and she focuses her practice on workers’ compensation defense. She is chair of the Orange County Bar Professionalism Committee and has been an OCBA member since 2013. Chace v. Loisel, 170 So. 3d 802, 803 (Fla. 5th DCA 2014). Id. at 804. 3 Id. 4 Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, 271 So. 3d 889, 896 (Fla. 2018) (citing Chace, 170 So. 3d at 803). 5 Root v. Balfour Beatty Construction LLC, 132 So. 3d 867, 869-70 (Fla. 2d DCA 2014). 6 See R. Regulating Fla. Bar 4-3.4(a). 7 Allied Concrete Co. v. Lester, 736 S.E. 2d 699 (Va. 2013). 8 Id. at 701-02. 9 Id. at 702. 10 Id. 11 Id. 12 Id. 13 Id. at 703. 14 Id. 15 Id. at 709. 16 Gatto v. United Air Lines, Inc., 2013 WL 12825285 (D.N.J. 2013). 1 2

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Young Lawyers SectionNews YLS on the Move

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irst and foremost, with all the uncertainly of 2020, there has been one constant – the spirit and dedication of our YLS members. We have continued to create and modify events in order to continue to provide for our beloved community while also staying healthy. These new and improved events would not have been possible or as successful without you. Since we last talked, the YLS has Kimberlee A. Martin, Esq. remained busy. On August 5, 2020, we held our annual Backpack Project Happy Hour alongside our friends at CFAWL. Committee chairs Stephanie Alvarez and Kate Wakeman, along with board liaison Celia Dorn, went above and beyond this year with a Back to School: 90s Edition theme that transported us back to the time of dial-up internet, popped collars, chokers, side ponies, and the timeless Ninja Turtles. They hosted a competitive game of School House Rockthemed bingo, while Brandon Sapp quizzed us on 90s trivia. In addition to all the fun, YLS raised more than $7,000 dollars this year to provide backpacks to in-need students in Orange County. Each $20 donation helped provide a local child with a backpack full of supplies necessary for their education – that is more than 350 backpacks that our wonderful sponsors and YOU helped provide. So, thank you for helping us make YLS a key to the success of these students. We had so much fun with our friends at CFAWL that we joined forces again on August 19, 2020, to host a virtual CLE titled “Diversity and Gender Issues in the Practice of Law.” Our panelists included the Honorable Gisela Laurent, Lisa Gong Guerrero, Cindy Campbell, and Michael Cordele. The panel discussed their experiences with diversity and gender issues in a variety of practice settings, including small and large firm environments, and provided insight to our attendees on how to effectively address these issues in the workplace. Next up in August was our second-ever virtual luncheon held on the 21st with the fabulous Keshara Cowans, a past YLS president and the most recent recipient of the Lawrence D. Mathews, Jr. Young Lawyer Professionalism Award. Keshara serves as a staff attorney in the Office of Legal Services with Orange County Public Schools (“OCPS”) and holds the titles of Equal Employment Opportunity Officer, Equity

Officer, and Title IX Officer. Her primary practice areas include employment discrimination and Title IX compliance. She also serves as the legal advisor for the OCPS District Police. Prior to joining OCPS, she served as bar counsel with The Florida Bar for more than 10 years investigating and litigating complaints against attorneys. She has been recognized as one of the nation’s best advocates by the National Bar Association as a “40 Lawyers Under 40” attorney and by the Florida Association for Women Lawyers as a “Leader in the Law” – just to name a few. With all her accomplishments, it was a no brainer as to who was best suited to speak to our members in a presentation titled “Speaking Up, Speaking Now, and Finding Your Voice as a Young Lawyer.” As for September, we held our CLE on stress and mental health awareness on September 23 and continued to host our monthly luncheons. Of course, we know that September is normally the time of our annual golf tournament, and we were sad to announce that it had to be postponed due to COVID-19. But, as we noted at the luncheon, this is just a postponement, and we will have more details soon as to when we will be able to hangout in the sun while yelling FORE! Thank you, again, everyone for helping keep YLS moving during these times. We hope you have a happy Halloween, and we look forward to seeing you at the Legal Aid Society Breakfast of Champions in November! Want to keep up to date on the latest and greatest from YLS? Find us on Facebook, Twitter, and Instagram @ocbayls and use #ocbayls, #wedomore, and #YLSkeytoyoursuccess when posting about the YLS so we can share in the fun with you! Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters. She has been a member of the YLS board since 2019 and an OCBA since 2013.

YLS Backpack Project Happy Hour

Keshara Cowans

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Voluntary BarNews SideBar

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appy fall y’all! With this change of season, some of our voluntary bar associations have seen a change in leadership and have hit the ground running. Take a look below and read about some of the many amazing things our associations have accomplished, which reflect that their hard work is more than just a bunch of hocus pocus.

Alena V. Baker, Esq.

The George C. Young American Inn of Court

The George C. Young American Inn of Court (“Inn”) board met virtually on July 11 to transition to new leadership and plan the 2020-2021 Inn year. The Honorable Margaret H. Schreiber, Ninth Circuit, will preside, taking the helm from the Honorable Bob LeBlanc, also of the Ninth Circuit, who was recognized and thanked for his service this past year. The American Inns of Court’s mission is to inspire the legal community to advance the rule of law by achieving the highest level of professionalism through example, education, and mentoring. As legal professionals, members’ work is a combination of skill and art. Last year, the Inn’s program focused on technical skills; this year, the program will focus on the art of the profession. Currently, meetings are scheduled to be held virtually until 2021.

Inn of Court Board Meeting. From top left: Phil D’Aniello, Mary Ann Etzler, Tom Tukdarian, Hon. Margaret Schreiber, Gary Salzman, John Foster, Hon. Bob LeBlanc, Hon. Eric Dubois, Mark Horwitz

GOAABA

On July 2, the Greater Orlando Asian American Bar Association hosted more than seventy Zoom attendees from across the country for the induction of the 2020-2021 GOAABA board. The Honorable Denise Kim Beamer, Ninth Circuit, swore in the incoming officers. This year the new officers are: Onchantho Am, president; Kenway Wong, president-elect; Shane Herbert, secre-

tary; Scott Leitner, treasurer; and the at-large board members Janice Chon, Avita Samaroo, Greg Maaswinkel, and Shante Pressley. During this celebration, GOAABA highlighted the leadership and work accomplished under immediate past president, Leia Leitner, by sharing a video montage of all the 2019-2020 events. The ceremony also consisted of the Passing of the Gavel (aka “Red EnGOAABA Retreat Scott Leitner, Onchantho Am, Leia Leitner, Janice Chon, Cathleen Winter, Kenway Wong, Greg Maaswinkel, Avita Samaroo, not pictured – Shane Herbert, and Shante Pressley

velope”), during which all ten GOAABA past presidents shared words of wisdom and encouragement for the incoming president, Onchantho. Past presidents included Glenn Leong, Jessica K. Hew, Kim Gray, Sunny L. Hillary, Wanda M. Reas, Lisa Gong Guerrero, Christine Berk, Vanessa Braga, Annie Kwong, and Leia Leitner. Former Florida Supreme Court Justice Barbara J. Pariente introduced Onchantho, who then shared her story of overcoming the challenges of aging out of foster care and going on to graduate from the University of Florida and Stetson University College of Law. Onchantho attributes her achievement to the people she met along her journey who served as support pillars by creating a foundation and bridge to her future. In her remarks, Onchantho said she hopes GOAABA will serve as a support pillar for the Asian American Pacific Islander community. She thanked her board for committing to this journey and gifted them each a Red Envelope Pin. Onchantho ended her speech with a quote by African-American abolitionist David Walker: “Leadership is building a bridge that connects the vision with the purpose, in order to empower those who are around us.” During her tenure, Onchantho wishes to focus on a voter initiative based on an idea she and Janice Chon, GOAABA young lawyers chair, developed and presented at the Young Lawyers Division Affiliate Outreach Conference (“YLD AOC”). The project’s mission was – and is – to encourage voter engagement, provide education on rights, and empower individuals in minority communities, especially in the American Asian community. By partnering with local organizations and businesses and a YLD AOC grant, members took the program online via Zoom in July, presenting “Primary Elections – Voting 101.” Project partners include Newlyn Wing, president of the National Association of Asian American Professionals (“NAAAP”); Ricky Ly, a community advocate and founder of the Tasty Chomps: A Local’s Culinary Guide blog; Christine Chen, executive director of Asian Pacific Islander American Vote;

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Bill Cowles, Orange County Supervisor of Elections; and Anna V. Eskamani, Florida House of Representatives. Community partners hosted watch parties, and local businesses, such as Dochi and Rockstar Axe Throwing, provided in-kind support. GOAABA recently held several candidate forums, including a judicial candidate forum in partnership with NAAAP and WESH 2 News. The forum, sponsored by Samaroo Law and the YLD, featured Ninth Circuit Chief Judge Donald Myers, Jr., who spoke about the role of circuit judges as well as his role as chief judge. On August 14, GOAABA and CFAWL co-hosted a second judicial candidate forum, and later GOAABA, again in partnership with NAAAP, presented a sheriff candidate forum moderated by Liz McCausland and Ricky Ly. To learn more about GOAABA’s upcoming events, check out their #MondayMemos at https://www.facebook.com/GOAABA.

HBACF

In July, the Hispanic Bar Association of Central Florida hosted a technology CLE titled “Blockchain-Unchained, Technology in the Legal Practice,” featuring attorney Debbie Hoffman.

co-hosted with GOAABA. And, also in August, CFAWL members and their kids took a virtual tour of the Boston Waterworks Museum, which is an interactive event that teaches kids about the water system. August 18, 2020, marked the 100th anniversary of the ratification of the Nineteenth Amendment, which declared that the right to vote could not be denied on the basis of sex. CFAWL celebrated this momentous occasion by hosting a Suffrage Celebration open to all. In preparation for the event, members zoomed-in to make personalized suffrage sashes in the colors of the movement – purple, gold, and white. Members proudly wore their sashes at the virtual celebration, which coincided with our local primary election night.

FBA In support of Breast Cancer Awareness month, the Federal Bar Association Orlando Chapter has partnered with Orlando Sports Foundation for this year’s Race 2 Cure. The race is virtual and can be completed anywhere and at any time during the month of October. Distances available include 5K, 10K, 15K, and half marathon. There is still time to join the FBA team by signing up at www.theosf.com/fba.

PCPBA

Left to right – Top: Natalie Quinonez, Vanessa Calcano Thomas, Sabrina Ramirez Middle: Andrea Ortiz, Nelson Crespo, Jeanette Mora Bottom: Laura Sanchez, Cesar Neira

CFAWL

Despite the pandemic, the Central Florida Association for Women Lawyers has continued to encourage members to own their stories by keeping members connected and engaged through Remote Rendezvous and virtual meet ups. CFAWL president Mary Walter kicked off her term by teaming up with mixologist and Orlando Story Club host Bobby Wesley for a virtual cocktail-making demonstration, showing members a new spin on some classic spirits. In July, Mary hosted a Midday Munch, where attendees whipped up a batch of delicious chocolate chip cookies inspired by Stella Park’s BraveTart cookbook. In July, the Honorable Michael Kraynick hosted a key lime cake pop tutorial, and the Honorable Alan Apte hosted a 10-lb. brownie-making event. In August, CFAWL and YLS co-hosted the annual Backpack Project and a CLE focused on diversity and gender issues. Panel members discussed their personal experiences in the legal profession and gave advice on how to effectively address these issues when they arise. CFAWL’s August luncheon featured a judicial candidate forum, which was Hon. Michael Kraynick theBriefs October 2020  Vol. 88 No. 8

The Paul C. Perkins Bar Association hosted a virtual state attorney candidate forum on July 16 and a virtual Orange County sheriff candidate forum on July 30. Both forums featured each of the five candidates in both races and were moderated by radio personality Monica May. On September 1, PCPBA hosted its virtual 20202021 Executive Board In- Jared A. Brooks and Benjamin C. Garcia stallation Ceremony & Welcome Celebration. The Honorable Faye L. Allen installed Jared A. Brooks as president and Benjamin C. Garcia as president-elect. Jared is employed as general counsel at the Orange County Clerk of Courts Office, and Ben is an associate at Osborne & Francis, PLLC. Congratulations to them both. In addition, FAMU College of Law student Suwana Jean Janvier was presented with PCPBA’s 2020 Future Leader Scholarship during the celebration. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.

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OCBA MemberNews Hearsay Never give up, never surrender. – Commander Peter Quincy Taggart, Galaxy Quest

I

f you know me, then you know that I’m a die-hard sci-fi fan. Make it as campy or as cerebral as you want, but as long as you pepper in some space exploration and time travel, maybe a parallel universe or two, then I’m here Linnea M. Eberhart, Esq. for it. And as much as I enjoy the light saber duels and world-dominating robots that make for epic summer blockbusters, what I love most about science fiction is how it’s ultimately about hope. It’s about finding family in a ragtag crew of misfits, embracing the strange and unknown, learning just what you’re capable of, and facing down insurmountable odds to save the world, even when that world is just in your own head. It’s not always happy, but it’s always full of potential. It’s comforting to know that we can discover the very best of humanity even in the vastness of space or the dystopian ruins of a post-apocalyptic world, maybe now more than ever when we seem to be teetering on the edge of becoming science fiction ourselves some days. So, while you’re out there bravely going where no one has gone before, don’t forget to share your adventures with me so I can spread word of your conquests and victories with the rest of your OCBA community! After all, everyone loves a hero.

Honors and Awards

Ramon A. Castillo, Esq., of Rubenstein Law, earned Florida Bar board certification in civil trial. Bret Carson Yaw, Esq., of Ford & Harrison LLP, earned Florida Bar board certification in labor and employment.

Community Involvement

Eric C. Reed, Esq., partner at Shutts & Bowen LLP and an active member of the OCBA for 18 years, will serve as president-elect of the Orange County Bar Association as well as a member of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc. Harold A. Ward, III, Esq., senior counsel at Winderweedle, Haines, Ward & Woodman, P.A., has been named chairman of the board of the Elizabeth Morse Genius Foundation. Randolph J. Rush, Esq., shareholder at Winderweedle, Haines, Ward & Woodman, P.A., has been named president of the Elizabeth Morse Genius Foundation.

On the Move

Yasin G. Amba, Esq., Andrew B. Jaffe, Esq., and Mikhal O. Wright, Esq., have joined Marshall Dennehey Warner Coleman & Goggin as associates. Amanda L. Govin, Esq., has joined the tax practice group at Dean Mead where she focusses on assisting clients with tax planning issues, and working on matters involving all types of business entities. Peggy Smith Bush, Esq., has joined Marshall Dennehey Warner Coleman & Goggin as special counsel defending general casualty, premises liability, and product liability claims in a wide range of industries. Allison E. Turnbull, Esq., has joined Marshall Dennehey Warner Coleman & Goggin as a shareholder and practices in the areas of real estate, land use, and development.

In Memoriam

Ronald J. Langa, Esq., passed away on November 16, 2019. Mr. Langa graduated from Florida State University and went on to server in the Army for several years before retiring as a Second Lieutenant and earning his juris doctorate from Memphis State University. An OCBA member since 1983, Mr. Langa spent his legal career in Orlando, focusing on personal injury, wrongful death, and workers’ compensation cases. Mr. Langa is survived by his wife, two daughters, and a brother and sister. Charles “Gene” Eugene Moore, Jr., Esq., passed away on May 12, 2020. Mr. Moore was an active real estate broker in Florida before deciding to return to school. He would go on to receive his juris doctorate from FAMU College of Law and his masters of law in elder law from Stetson University. An OCBA member since 2013, Mr. Moore was committed to serving his community and was named Pro Bono Lawyer of the Year by Community Legal Services of Mid-Florida in 2019. Mr. Moore is survived by his wife, four children, three grandchildren, and a brother and sister. Doricia Miller Rivas, Esq., passed away on December 7, 2019. Ms. Rivas earned her juris doctorate from Stetson University College of Law where she was awarded the American Jurisprudence Award for academic excellence. She became a member of the OCBA in 1999 and joined the Public Defender’s Office in Orlando before founding her own firm in 2008. Ms. Rivas is survived by her husband, daughter, and three sisters. Please continue to send your news, updates, and announcements to me at leberhart@losey.law. Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

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ParalegalPost Becoming NALA Certified

I

began working as a legal assistant at a construction law firm in 2009. At the outset, I did not have much experience but learned from those who invested their time in teaching me. After years of working at the same firm, I decided to advance my career and enrolled in the American Bar Association-accredited paralegal program at Seminole State College. In 2016, I gradTina Farrington, FRP uated with a degree in paralegal studies. This degree allowed me to register as a paralegal with The Florida Bar, but my studies did not stop there. A good friend and colleague who was a certified paralegal informed me about the National Association of Legal Assistants (“NALA”) and encouraged me to pursue a NALA certification. NALA was established in 1975 and provides continuing education and development designed to advance the careers of paralegals and other legal professionals. The Paralegal Certification program, which is one of several courses of study, is endorsed by the ABA. Becoming a NALA-certified paralegal indicates that one has demonstrated proficiency in, among other things, legal research, communication, ethics and, more generally, the legal system in the United States. To pursue certification, one must meet one of the following eligibility requirements1 Category 1: Graduation from, completion of, or current enrollment in the last semester or quarter of a paralegal program that meets one of the criteria listed in sections (a) through (e) below: (a) a paralegal program approved by the American Bar Association; (b) an associate degree program in paralegal studies; (c) a post-baccalaureate certificate program in paralegal studies; (d) a bachelor's degree program in paralegal studies; (e) a paralegal program which consists of a minimum of sixty semester hours (or equivalent quarter hours), of which at least fifteen semester hours (or equivalent quarter hours) are substantive legal courses. Category 2: A bachelor's degree in any field plus one year of experience as a paralegal or successful completion of at least fifteen semester hours (or equivalent quarter hours) of substantive paralegal courses.

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Category 3: A high school diploma, or equivalent, plus seven years of experience as a paralegal plus a minimum of twenty hours of continuing legal education completed within the two-year period prior to application for the examination. Once an applicant’s initial application is approved, they must take and pass two exams. The first exam is a timed, multiple choice exam referred to as the Knowledge Exam. The Knowledge Exam consists of multiple choice questions on various topics, such as: (1) the United States legal system; (2) civil litigation; (3) contracts; (4) corporate/commercial law; (5) criminal law and procedure; (6) estate planning and probate; (7) real estate and property; (8) torts; and (9) professional and ethical responsibility. An applicant is provided 365 days from the date of his or her application’s approval to complete the Knowledge Exam and may attempt the exam three times during that period. Once the applicant passes the Knowledge Exam, he or she is permitted to take the second exam, the Skills Exam. This timed, written exam is administered during February, April, July, and October each year and tests: (1) writing, (2) critical thinking, and (3) reading and comprehension. Like the Knowledge Exam, an applicant is provided 365 days to complete the Skills Exam and may attempt it three times during that period. Once the individual has passed both exams, he or she has earned the NALA Certified Paralegal credential. To maintain certification, the paralegal must complete fifty hours of continuing legal education during each five-year certification period. Study materials, consisting of books, self-study courses, on-demand and live webinars, practice exams, and more are available on the NALA website as well as other websites. For the Skills Exam, I managed to find an online prep course with a Florida university that provided written samples and offered constructive criticism of my work. Although NALA’s Certified Paralegal program is voluntary, it provides law firms, government agencies, and other potential employers a quick, reliable way to verify the skills and knowledge of its existing or prospective paralegals. It also has the potential to open doors to more sophisticated, challenging, and rewarding career opportunities. Tina Farrington, FRP, is a construction law paralegal at Moye, O’Brien, Pickert, Dillon & Masterson, LLP. She has been a member of the OCBA since 2019. National Association of Legal Assistants, CP Exam Eligibility. https://www.nala.org/ CP%20Examinee%20Eligibility.

1

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New Memb e rs Regular and Government

Law Students

Thomas C. ALLISON Matthew K. BARCLAY Nikki K. BHAVSAR Andrew L. BURNSTINE Matthew R. BUSSIN Elisabeth M. CRANE Nicholas Scott GURNEY Garrett S. GUTHRIE Ryan A. HESTBECK Ruchi N. KAPADIA T. Christine PEREZ Elise Geibel PHILLIPS Katiria RODRIGUEZ-TORO Amanda Budd SHEPPARD Dena D. SMEJKAL Brittany M. WAGES Nicholas E. WALLS

Camilla M. BEDOYA Michael J. BELL Jonathan CASTELLANO Megan E. DIEFENDORF Christy E. EARLS Quanejha Danye ERWIN Carlos Arturo GAVILANES, Jr. Alyssa M. GONZALEZ Sonia HERRERA Julie E. HERRING Elson HILAIRE Alexie M. JOHNSTON Kaitlin R. KOSHIBA Bao Q. LE Brittany MOYER Jessica A. NADAL Jennifer PINTO Nicole R. SMIRNOVA Martin J. TERROSI Taylor E. YOUNG

Affiliate Louis Paul MEYER

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VeteransCommittee continued from page 19

U.S. Dep’t of Veterans Affairs, Determining Disability, Unemployability, and Marginal Employment, M21-1MR, Part V, Subpart ii, Chapter 1, Section B (2018). 2 38 CFR § 4.16(a) (setting forth the requirements for establishing the total disability ratings for compensation based on the unemployability of the individual) (2020). 3 U.S. Dep’t of Veterans Affairs, Determining Disability, Unemployability, and Marginal Employment, M21-1MR, Part V, Subpart ii, Chapter 1, Section B (2018). 4 U.S. Dep’t of Labor, Office of Administrative Law Judges, Dictionary of Occupational Titles, (4th ed., rev. 1991). 5 Joseph E. Havranek, Advanced issues in forensic rehabilitation 199 (2007); see also Roger O. Weed & Timothy F. Field, Transferable Skills Analysis, Rehabilitation Consultants Handbook 101-03 (2001). 1

Invite your colleagues to join the OCBA today! Go to:

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

407-422-4551, ext. 245

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CLASSIFIED ADS EMPLOYMENT

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com. de BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an Experienced attorney to service Legal Service Plans administered in its Orlando Office. The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus. Exceptional customer service skills required for primarily telephone consultations, detail oriented with planning and organizational skills and ability to work independently. We offer a very competitive salary and benefit package and a positive workplace culture. Send your resume today! We are a smokefree workplace. jellis@dsklawgroup.com­.

to assist in handling cases from inception through to trial. Excellent salary and benefit package. Call Jean 407 926 7460. SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

OFFICE SPACE

LAW OFFICE/OFFICE BUILDING: Lk Highland Prep area. Completely Renovated/Updated Old House (Circa 1926), HARDWOOD FLOORS/NEW WIRING, ETC. – 1400+/- sq.ft. $1875.00, plus tax ($112.50) + utilities. Parking included. (407) 473-1545. LAKE EOLA OFFICE SPACE FOR RENT. Includes bilingual receptionist, gym, free parking for clients, WIFI, conference room, maintenance, secretarial space, for $1,500 a month. For more info please call 407-7921285 or jleon@flusalaw.com. OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 644-9801 or email brucew@mdwpa.com.

ESTABLISHED DOWNTOWN ORLANDO CIVIL DEFENSE LAW FIRM IS SEEKING AN EXPERIENCED PERSONAL INJURY LITIGATION PARALEGAL. Candidate must have a minimum of 10 years experience in personal injury, with superior writing, research and communication skills. Must also be organized, motivated, familiar with medical terminology and proficient in the use of document management and trial presentation software. Resumes to gmaffey@bellroperlaw.com.

OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. Onsite Free Parking. Three offices with Kitchen, Restroom and Reception. Approx. 1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information. OFFICE SPACE/SUITES FOR RENT - Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-425-2907; jkk@keatlaw.com. PROFESSIONAL OFFICE SPACE FOR RENT. Kitchen. Ample Parking. Two conference rooms. Email Kristin at Kstaley@crewsandpesquera.com. FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking. 515 N. Ferncreek. Jim Sears 407-222-1554 jsearslaw@gmail.com. DOWNTOWN WINTER PARK – 157 E. New England. Private entrance, signage and windows. 2 large and 1 small office, as well as conference room accessibility. $2,000. mo. plus tax – 407-760-5330. SHARED LAW OFFICE SPACE AVAILABLE –– Up to three furnished offices for lease. Contact Kristy@kellyjuris.com.

FOR SALE

ELEGANT CARVED CONFERENCE TABLE WITH 8 UPHOLSTERED CHAIRS $2,999 OBO contact: juliepappas@hotmail.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com. HILL RUGH KELLER & MAIN, a mid-sized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able PAGE 30

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The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-on-one interviews with the people shaping our Central Florida community. theBriefs October 2020  Vol. 88 No. 8

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OCBA Calendar

Joint OCBA and CFAWL Luncheon October 22, 2020

11:30 a.m.-1:00 p.m. Embassy Suites by Hilton Downtown Orlando Register by October 19, 2020

OCTOBER - NOVEMBER

Title Sponsor: Florida Lawyers Mutual Insurance Company Subject to virtual presentation.

NOVEMBER

OCTOBER Bench Bar

2

8:00 a.m. – 5:30 p.m. Virtual Register by: September 30, 2020

6

LAS Lunchtime Training Marriage Petition Initiation Prerecorded • LAS Website Professionalism Committee Meeting 12:00 p.m. • Virtual Law 7 Business Committee Seminar

Navigating COVID-19 Landlord/Tenant Issues 12:00 p.m. • Virtual

16 20 LAS Lunchtime Training YLS Luncheon 12:00 p.m. • Virtual

GAL Training –What’s Next!? Assisting Transitioning Youth Outside of Court Prerecorded • LAS Website

2 1

Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law OCBA and 2 2 Joint CFAWL Luncheon

11:30 a.m. – 1:00 p.m. Location –TBD

2 7

Family Law CLE Young Lawyers Section The Game Has Changed: Real Estate and Finance Board Meeting in the Time of 12:00 p.m. • Virtual Estate, Guardianship Coronavirus 12:00 p.m. – 1:00 p.m. & Trust Committee

8

1 3

Meeting 12:00 p.m. ShuffieldLowman

1 4 Lawyers Literary Society

28

Health and Wellness Committee Meeting 12:00 p.m. OCBA Center/Virtual

Overstory 12:00 p.m. • Virtual Executive Council Meeting 4:30 p.m. – 6:30 p.m. Virtual (TBD)

3

Professionalism Committee Meeting 8:00 a.m • OCBA Center LAS Lunchtime Training “To Err is Human, To Seal or Expunge is Divine: Juvenile Sealing & Expunction” Prerecorded • LAS Website

12

Young Lawyers Section Board Meeting 5:30 p.m. • OCBA Center (TBD)

17

4

LAS Lunchtime Training GAL Training –Every Child Can Experience Success: Early Intervention for Developmentally Disabled Youth Prerecorded • LAS website

5

Appellate Practice Committee Meeting 12:00 p.m. • Lowndes Law Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conference Room

Member Perks 8:00 a.m. – 9:00 a.m Speaker: Bud Kirk, RumbergerKirk Virtual Business Law Committee Major CLE Pandemic Planning: What to Expect 12:00 p.m. – 4:30 p.m. Construction Law Committee Seminar 12:00 p.m. • Virtual Sponsored by Milestone Reporting

10

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

11

Lawyers Literary Society 12:00 p.m. • Virtual Executive Council Meeting 4:30 p.m. – 6:30 p.m. Virtual (TBD)

18

1 9

Legal Aid Society Breakfast of Champions 8:00 a.m. – 9:00 a.m. Virtual

20

Young Lawyers Section Luncheon 11:30 a.m. – 1:00 p.m. Citrus Club (TBD)

25

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

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

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880 North Orange Avenue Orlando, Florida 32801

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