pro-bono heartfelt non-billable - c.ymcdn.coms Message: P lease join me in also welcoming this month of October an old friend, mentor and leader. Come to lunch October 19th with our

BAR ASSOCIATIONSt. Petersburg October 2012 www.stpetebar.com

Paraclete - The Magazine For The Legal Professional

In this issue:

Florida, This is Your Democracy! – By Regina A. Kardash

Don’t Let Your Clients Record Conversations! – By J. Andrew Crawford

Medicare Open Enrollment: A Review Checklist – By Shannon Martin

The Dos and Don’ts of Pro Bono Work: Lessons from the Front Line – By Carin M. Constantine

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Contents

ST. PETERSBURG BAR ASSOCIATION

Editorial Policy: The Paraclete is published for the members of the St. Petersburg Bar Association. The magazine is published 10 times per year and wel-comes submissions for publication. Publishing and editorial decisions are based on the editors’ judg-ment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the magazine. From time to time the Paraclete may publish articles dealing with controversial issues. The views expressed in the Paraclete are those of the authors and not necessarily those of the editors, executive committee or officers of the St. Petersburg Bar Association. No endorsement of those views should be inferred unless specifically identified as the official policy of the St. Petersburg Bar Association. Advertising copy is reviewed, but publication herein does not imply endorsement of any product, service or opinion ad-vertised. Advertising rate cards are available upon request by calling 727-823-7474 and October be downloaded at www.stpetebar.com. © 2007 St. Petersburg Bar Association.

St. Petersburg Bar Association2880 First Avenue North

St. Petersburg, FL 33713-8604Phone: 727.823.7474 • Fax: 727.823.8166

E-mail: [email protected] Referral Service: 727.821.5450

The mission of the St. Petersburg Bar Association

is to serve the legal community, to strengthen the noble calling

of the practice of law, and to foster excellence in the profession.

Executive DirectorD. C. “Chip” Collins

[email protected]

Editor Jowita Wysocka 727-669-2828

[email protected]

Paraclete AdvertisingJoAnn Knight 727.823.7474

[email protected]

Design & Production727.239.3713

[email protected]

Features ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8 Florida, This is Your Democracy! – By Regina A. Kardash

9 Redistricting: New Lines Drawn for Florida’s Future – By Regina A. Kardash

10 Don’t Let Your Clients Record Conversations! – By J. Andrew Crawford

12 Medicare Open Enrollment: A Review Checklist – By Shannon Martin

14 The Dos and Don’ts of Pro Bono Work: Lessons from the Front Line – By Carin M. Constantine

16 Supreme Court Clarifies Secured Creditors’ Rights Under Chapter 11 “Cramdown” Plans – By Camille J. Iurillo and Sabrina C. Beavens

18 Florida Constitutional Amendments 101: Are You Ready to Vote? – By Erica K. Smith

20 Tim Miller: A Son of St. Petersburg Serves as Bar President – By John V. Tucker

Around the Bar––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11 Clerk’s Corner

13 Bar and Court News

22 PFAWL

22 Update on Technology Initiatives: e-Service in the Sixth Judicial Circuit

In Every Issue––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

4 President’s Message

6 From the Editor

24 Stetson Review

26 Paraclete Parent

28 St. Petersburg Bar Foundation

30 Community Law Program

32 What’s Up and Who’s New

34 Classifieds

Paraclete: The Spirit of Truth October 2012

www.stpetebar.com Paraclete – October 2012 3

President's Message:

Please join me in also welcoming this month of October an old friend, mentor and leader. Come

to lunch October 19th with our guest speaker former Mayor and current USF Vice President of Economic Development Rick Baker as he shares some thoughts on the history and on the future of St. Petersburg. Former Mayor Baker is not only a part of our city’s history himself, but is also a student of that history.

He has also written on the history of St. Petersburg. In his book, Mangroves to Major League, Mr. Baker tracks our hometown’s growth and character development from early times through the year 2000. I settled in with this book recently and enjoyed the reflections on changes and happenings which shaped our city. One year in particular fascinated me because of the numerous significant events; the year is 1912, 100 years ago in St. Pete.

Consider these transportation events of 1912. In the same year that the “Overseas Railway” of Henry Flagler reached Key West, the first air flight in Pinellas County took off near Bayboro Harbor in downtown St. Pete. The plane’s operator charged people 25 cents for the opportunity to watch the bi-plane fly!1 Soon after, the “St. Pete-Tampa Airboat Line” made history as the world’s first scheduled commercial passenger airline when Tony Jannus flew the Benoist from St. Pete to Tampa on New Year’s Day 1914.2

In April, 1912 the same month that the luxury liner R.M.S. Titanic sank in the North Atlantic, St. Pete’s “Coffee Pot Trolley Line” traveled round-trip through what is today considered the “old

northeast” neighborhood. Meanwhile, racing by automobile from St. Petersburg to Tampa took almost 6 hours!3

As for local law enforcement early last century, the police chief would habitually “blow the Water Works whistle every night at 8:00 p.m. as a signal for the city’s curfew for youngsters. Any children on the streets by 8:15 p.m. [would] be brought to the station and held until their parents [arrived] and [spanked] them.”4

Interestingly, in comparison to our current court system, the 1912 Pinellas County Commissioners demonstrated great turf-battling over construction of the county’s first courthouse. As Mr. Baker describes this story, three commissioners from North County prevailed over two from St. Petersburg to levy a tax for courthouse and jail construction in Clearwater. A state law prohibited any local vote on county seat selection within 20 years after a courthouse was constructed. St. Pete representatives petitioned and were granted an injunction by the Florida Supreme Court to stop the tax levy—but the County Commission proceeded to build the Courthouse anyway! Next, the County Treasurer apparently refused to pay for the courthouse construction.5 Parallels can surely be seen with some of today’s County government debates!

The mid-century also holds some fascinating historical details. In 1962 President John F. Kennedy traveled to Tampa Bay becoming the first sitting President to do so.6 He addressed 10,000 people at Al Lopez Field in Tampa, in celebration of the 50th anniversary of the first scheduled commercial passenger airline flight by the “St. Pete-Tampa Airboat Line.”7 The President visited here

on November 18, 1962— just 4 days before his tragic death in Dallas.8

If you need the sequel on our city’s growth after the year 2000, Mr. Baker’s latest book, The Seamless City, chronicles his efforts as Mayor of St. Petersburg beginning in 2001. The book includes many ideas about managing local government inclusively and preserving local assets carefully. It is also full of intriguing stories of what a mayor confronts daily.

I hope you will join me in welcoming our fellow bar member, former Mayor, current USF Vice President and special historian Rick Baker at our membership luncheon upcoming October 19th as we continue together to honor and reflect upon our important local and Bar Association history this year. Perhaps the more things change, the more they stay the same... but, I cannot imagine a six hour drive from St. Pete to Tampa!

Keep sending your ideas and comments on other historic local issues for my collection and enjoyment, they are greatly appreciated! Hope to see you at the luncheon October 19th.

4 St. Petersburg Bar Association www.stpetebar.com

By Timothy A. Miller

Welcome to autumn! Welcome to less humidity?

1. Rick Baker, Mangroves to Major League 97-99 (St. Petersburg: Southern Heritage Press 2000).

2. Id. at 105.

3. Id. at 99.

4. Id. at 100.

5. Baker, supra note 1, at 99.

6. Id. at 233.

7. Id. at 232-3.

8. Id. at 232.



Fall is an exciting time for politics. Recently, local residents cast their votes for county and circuit judges,

and over the next several issues, the Paraclete will feature profiles of the newly-elected members of the judiciary. On behalf of the St. Petersburg Bar membership and staff, congratulations to the Honorable Jack Day on his re-election as Circuit Court Judge for the Sixth Judicial Circuit and to Sixth Circuit Judge-Elects Bill Burgess and Kimberly Campbell. The bar also congratulates Cathy McKyton, Pinellas County Court Judge-Elect. This month, we pay tribute to the newly inducted leader of the St. Petersburg Bar Association, Timothy Miller.

This year has been particularly eventful for politics in the Tampa Bay area with the recent Republican National Convention. The widely-covered Republican and Democratic conventions in Tampa and Charlotte led me to consider why there are only two conventions for two parties in the United States. Previous presidential campaigns included Independent, Reform, and Libertarian candidates, and the Tea Party emerged a few years ago, yet Ron Paul, who ran as a Libertarian in 1988,

turned to the Republican Party this time around. While I do not recall any extensive news reports on this, I learned that the Libertarian Party held a convention in Las Vegas in May of this year and nominated former New Mexico Governor Gary Johnson as its presidential candidate. Historically, third-party candidates in the U.S. gain marginal votes and therefore enjoy limited media coverage. Perhaps the most notable exception was Ross Perot, the spirited businessman from Texas who managed to capture 19% of the vote in the 1992 presidential election as a representative of the Reform Party.

Despite Perot’s success in that regard, the U.S. political menu remains limited to two basic flavors: Democrat and Republican. By contrast, a number of other democratic nations (including Canada and the United Kingdom) have multiple major political parties. This appears to alleviate the extreme polarity between a predominately two-party system, where there tends to be a constant power struggle between the two. Without the temperance of additional parties to balance the scales, the two sides risk growing further apart and stalling any meaningful progress or improvement.

In a letter to Jonathan Jackson, John Adams wrote:

There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution. 1

Thankfully, our local campaigns are free of much of the polarity and acrimony of national races. This is particularly true of the judicial campaigns, where all the candidates have worked together and have maintained prominent roles in the St. Petersburg and Clearwater Bar Associations for years. This level of involvement and unity in our small family of lawyers and judges in Pinellas County facilitates our leaders’ ability to improve the bar and the community through their unwavering dedication to public service.

From the Editor: It’s Election Season Again

By Jowita L. Wysocka

1. John Adams, Letter to Jonathan Jackson (Oct. 2, 1789), http://www.notable-quotes.com/a/adams_john.html.



By Regina A. Kardash

Florida, This is Your Democracy!

“Indeed, the right to elect representatives – and the process by which we do so – is the very bedrock of our democracy.” Justice Pariente

The decennial census marks an important time in United States politics: reapportionment! The

census is mandated by Article I, § 2 of the Constitution of the United States, which determines our Congressional Representation in terms of apportionment of the population. In the Florida Constitution, Article III, § 16 provides for legislative reapportionment in the second year following each decennial census. The standards used to determine whether redrawn districts reflect fair apportionment has evolved over the years, even since the enactment of Florida’s 1968 Constitution. Previously, before Florida’s Constitutional standards were made more stringent than Federal standards when determining the validity of newly drawn districts, the Florida Supreme Court only examined whether the submitted plans “complied with (1) the general provisions of the United States Constitution, which set forth the one-person, one-vote standard under the Equal Protection Clause, and (2) the specific provisions of the state constitution, article III, section 16(a), requiring districts to be ‘consecutively numbered’ and to consist of ‘contiguous, overlapping or identical territory.’”1

During the 2002 redistricting process, two particularly vocal political groups who challenged the 2002 proposed maps chided the legislature for not adopting more stringent standards to ensure that all Florida voters were properly represented in the political process. The Florida League of Women Voters and Common Cause Florida suggested that the following four objective standards be adopted by the legislature: “all districts should (1) have equal population as closely as possible; (2) be drawn to be compact and contiguous and respect local political boundaries; (3) not dilute the

voting strength of any racial, ethnic, or minority group; and (4) be drawn neutrally without regard to the incumbent or political party.”2

In 2010, Florida voters were given the opportunity to decide if the State Constitution should provide for more stringent standards for apportionment and redistricting, and Florida decided YES! Amendments 5 and 6 to the Florida Constitution were passed by Florida voters for stricter State guidelines to be put in place. Article III, § 21 of the Constitution of the State of Florida now provides standards for establishing legislative district boundaries, and Article III, § 20 contains the standards for congressional district boundaries. The Amendments were designed to advance two goals: (1) “to require the Legislature to redistrict in a manner that prohibits favoritism or discrimination, while respecting geographic considerations” and (2) “to require legislative districts to follow existing community lines so that districts are logically drawn…”3

These new guidelines are strikingly similar to those proposed by the Florida League of Women Voters and Common Cause Florida. The Florida Supreme Court now uses a two-tiered Constitutional scheme to determine the validity of proposed redistricting maps. First, “no apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.”4 To the extent that the following standards shall not create conflict with the provisions of subsection (1) or Federal law, “districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall where feasible, utilize existing

political and geographical boundaries.”5 Whereas the first tier of requirements has precedence over the second tier, the standards within each tier are of equal importance.6 These new Florida Constitutional provisions have become known as the Fair Districts Amendment.

The 2012 redistricting gave Floridians the chance to see the Fair Districts Amendment in action. When the Florida Supreme Court received the proposed Florida House and Senate redistricting maps, the Fair Districts Amendment was immediately triggered, and the Florida Senate map was declared constitutionally invalid. A subsequent map presented to the Court was approved on April 27, 2012. The operation of these new Constitutional provisions should be exciting to every Floridian as an illustration of the people’s preservations of the foundations of our democracy. When the Court said “We can’t” in 2002, and the legislature said “We won’t,” the people said “we will” and made it happen through the democratic process. It may have taken ten years, but the Florida Supreme Court’s recognition of the will of the people of Florida in their 2012 decision stands as a major coup d’etat for democratic principles and ideals. Congratulations, Florida, but there is still much work to be done.

1. In Re: Senate Joint Resolution of Legislative Apportionment 1176, No. SC12-1 (Fla. March 9, 2012).

2. In Re: Constitutionality of Resolution 1987, 817 So.2d 819, 831-32 (Fla. 2002).

3. In Re: Senate Joint Resolution of Legislative Apportionment 1176, No. SC12-1 (Fla. March 9, 2012), citing Advisory Op. to Atty. Gen. re Standards for Establishing Legislative Dist. Boundaries, 2 So. 3d 175, 181, 187-88 (Fla. 2009) (plurality opinion).

4. Art. III, § 21(1), Fla. Const.

5. Id. at Art. III, § 21(2).

6. Id. at Art. III, § 21(3).


By Regina A. Kardash

Redistricting: New Lines Drawn for Florida’s Future

“The concept of political equality, from the Declaration of Independence, to Lincoln’s Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can mean only one thing – one person, one vote.” ~ Justice Douglas in Gray v. Sanders, 372 U.S. 368, 381 (1963).

As the year draws closer to the political excitement of the upcoming Presidential election, let us not forget

all the other important campaigns that fuel our political machine. Every ten years with the Decennial Census, the public is given the opportunity to refresh its political identity. After the 2010 Census, new district lines have been drawn, some may be the same or similar to what existed before, but some areas’ populations have grown enough to completely revamp the political scene. Pinellas County is no exception.

Redistricting after the Decennial Census is mandated by both the Federal and Florida Constitutions,1 and these mandates contain guidelines as well. The underlying theme of these mandates and guidelines: equality, equality, equality; ensuring that every eligible individual’s voice is heard. See for example, the Court’s opinion in Reynolds v. Sims, which states that when it comes to redistricting, “the overriding objective must be substantial equality of population among the various districts, so that the vote of any citizen is approximately equal in weight to that of any other citizen in the State.”2 Florida’s process was not without bumps in the road this time around, as our original State Senate map was rejected by the Florida Supreme Court and required revision prior to approval.3 Now that the dust has settled and the district maps have been set in stone, only November’s ballot box will truly be able to determine the face of politics in Tallahassee and Washington, D.C. With people throughout the country and throughout the world crying out for political change, how can we deny that the choices we make for our representation as citizens matter? Do not take the democratic process for granted.

When was the last time you, as a citizen, really looked at the voting record of your Legislative or Congressional Representatives, even on issues that were important to you? Often times we claim our busy lives preclude us from really paying attention to the decisions made by politicians that affect our daily lives. When was the last time you voiced your opinion to the person casting a deciding vote on your behalf? When was the last time you complained that the political process was broken? We can be so quick to complain, yet never attempt to voice our opinions to the people and in the forums that can bring about the changes in government we seek. If your Representative, Senator or Congressperson is not making decisions that represent you and your community, how can that change with redistricting? Truly, the goal of redistricting is to ensure that the population has equal representation so that your vote matters.

While there is an undeniable benefit to retaining some veterans of the political circus, without new faces and fresh blood in politics we cannot expect any change. Redistricting gives us the opportunity for a facelift at every level of government, from local municipalities, to State Representatives and Senators, and our Congressional leaders. Although every cog in the wheel might not be broken, sometimes a tune-up is in order. Take the new Florida House District 69 as an example. This District now encompasses a large portion of Southwestern Pinellas County, including areas of St. Petersburg, Pinellas Park, Seminole and Kenneth City, as well as beach communities from Redington Shores all the way through Tierra Verde. Four candidates have qualified for this expansive seat; none have previously served in Tallahassee as an elected State Legislator. Only one, Mr. Josh Shulman, is a Democrat, and the primaries in August will determine which of the three Republican Candidates will be on the November ballot with him. I consider this seat important. With no incumbent to further muddy the political quagmire, I have a chance to elect

a State Representative that stands for what I believe in, as well as someone unmarred by the political process. No strings attached, just pure hope, vision and promise for a better tomorrow.

There are a plethora of resources available for citizens to see how their political representation has changed as a result of redistricting. Both the Florida House4 and Florida Senate5 websites have new district maps available. The Pinellas County Supervisor of Elections6 and the Florida Division of Elections7 websites have updated information about candidates that want to represent you. These candidates will undoubtedly be campaigning, holding fundraisers, meet and greets and attending events in your community. Most will want to hear from you. Find out who they are, what they stand for and why they want to represent you.

We have only a short time before the August primaries, but a couple of months before November; do not wait until the last minute to familiarize yourself with the individuals who want to represent you. If you procrastinate in the political process, the opportunity for change will pass you by. You have to be involved and engaged to have a government that represents you. Your vote matters; your voice matters. Help make tomorrow better together.

1. U.S. Constitution, Article I, § 2; Florida Constitution, Article III, §§ 16, 20 and 21.

2. 377 U.S. 533, 579 (1964).

3. In Re: Senate Joint Resolution of Legislative Apportionment 1176, No. SC12-1 (Fla. March 9, 2012); In Re: Senate Joint Resolution of Legislative Apportionment 2-B, No. SC12-460 (Fla. April 27, 2012).

4. http://www.myfloridahouse.gov/

5. http://www.flsenate.gov/

6. http://www.votepinellas.com.

7. http://election.dos.state.fl.us/index.shtml.


Have you ever had a client come to you with the idea of secretly recording a conversation? Or worse

yet, bring you a tape they surreptitiously made? Florida Security of Communications Act, Chapter 934 of the Florida Statutes, recognizes that oral, electronic, and wire communications are private, unless both parties consent, and cannot be recorded, absent a specific statutory exception. The legislative intent behind this statute is to safeguard the privacy of innocent people to prevent unauthorized interception of these communications.1 The purpose of this article is to familiarize practioners with a basic overview of this statute, its exceptions, and criminal penalties associated with its violation.

Definitions contained within the statute are crucial to understanding the application of Chapter 934. The statute applies to oral, electronic and wire communications.2 An oral communication means an oral statement made by a person exhibiting an expectation of privacy, and does not include statements made during the course of public meetings or events.3 For an oral communication to be protected under this statute the person making the statement must have a subjective expectation of privacy that society recognizes as reasonable, e.g. in a home.4 Key factors in making this determination are the location of the conversation, the manner in which it is made, and the type of the communication.5 A wire communication is any aural transfer made in whole or part through the aid of wire, cable or other similar connection between the “point of origin and point of reception,” including through a “switching station.”6 Wire communications are not covered by the statute if the communications were made to the public.7 Electronic communication means any transfer of signs, signals, writings, images, data, or intelligence transmitted in whole or part by “wire, radio, electromagnetic, photoelectronic, or photooptical” means. Fl.St. § 934.02(12).

This does not include electronic funds transfers, a tone only paging device, or an electronic or mechanical device that follows the location of a person or object.8 Interception is defined as the aural or other acquisition of any contents of the oral, electronic, or wire communications with electronic, mechanical, or other device.9

Any person who intentionally intercepts, attempts to intercept, or hires another person to intercept an oral, wire, or electronic communication can be charged with a third-degree felony, punishable by up to five years in prison and a $5,000.00 fine.10 There are exceptions to the prohibition contained in Florida Statutes § 934.03. However, the two (2) most frequent will be discussed below. First, a party is not criminally liable if both parties consented to the recording of the conversation.11 For example, if a person leaves another a voicemail or if a business informs a person that “for quality assurance this call may be recorded.” Second, the legislature has recognized an exception for law enforcement officers in the investigation of criminal activity.12 The two (2) most common applications of this exception are: (a) where a police informant or an alleged victim consents to the recording of their communication and makes a controlled telephone call to the target of the investigation, of the communications.

Not only is the unauthorized interception of communications illegal, but Florida Statues prohibits the contents of the communications and any evidence derived there from being used in any court proceeding, including a trial, a hearing, or a grand jury.13 A family law practitioner should be well aware of this privilege. For example, a spouse could not record his wife’s telephone communications made from the marital home absent consent or court authorization, and such recordings were inadmissible in a dissolution of marriage proceeding.14 However, accidental taping on a neighbor’s answering machine of a conversation between a mother and her

child did not violate the statute or preclude the father from using it in a custody modification proceeding because there was no intentional recording.15 Additionally, Florida Statutes § 934.10 creates a civil cause of action allowing an individual to sue any person or entity who intercepts, discloses, or uses intercepted communications. Civil damages can include, actual damages, punitive damages, attorney’s fees and costs, and equitable or declaratory relief.16 During the representation of clients through civil, criminal, or family law cases, a Florida attorney should be familiar with Chapter 934 of the Florida Statutes, its exceptions, and the criminal and civil ramifications from illegal interception of oral, wire, or electronic communications. Illegal recordings or interceptions could result in criminal penalties, a civil lawsuit, and exclusion from evidence.

J. Andrew Crawford, Esquire is an AV-rated criminal defense attorney who practices in Pinellas, Hillsborough, Manatee, and Sarasota Counties. Mr. Crawford’s practice focuses on criminal defense, criminal appeals, and civil appeals. Mr. Crawford also handles Domestic Violence, Repeat Violence, Sexual Violence, and Dating Violence Injunction hearings and appeals. He can be reached via email at [email protected].

Don’t Let Your Clients Record Conversations!

By J. Andrew Crawford

1. § 934.01(4) Fla Stat. (2012). 2. § 934.03(1)(a). Fla Stat. (2012).3. § 934.02(2). Fla Stat. (2012).4. Jackson v. State, 18 So.3d 1016, 1029-1030

(Fla. 2009).5. Stevenson v. State, 667 So.2d 410, 412 (Fla. 1st

DCA 1996).6. § 934.02(1). Fla Stat. (2012).7. Dorsey v. State, 402 So.2d 1178,1183 (Fla.

1971). 8. § 934.02(12)(b)-(d). Fla Stat. (2012).9. § 934.02(3). Fla Stat. (2012).10. § 934.03(4)(a). Fla Stat. (2012).11. Thompson v. State, 731 So.2d 819, 820 (Fla.

5th DCA 1999). 12. § 934.03(2)(c). Fla Stat. (2012).13. § 934.06. Fla Stat. (2012).14. Markham v. Markham, 272 So.2d 813,814

(Fla. 1973).15. Otero v. Otero, 736 So.2d 771, 772 (Fla. 3d

DCA 1999). 16. § 934.10(1)(a)-(d). Fla Stat. (2012).


Clerk’s Corner

From the Office of Ken Burke, Clerk of the Circuit Court, Pinellas County, Florida

The Pinellas County Clerk’s office will resume its normal operating hours of 8 a.m. to 5 p.m., on

Tuesday, September 4, 2012, according to Ken Burke, Clerk of the Circuit Court and Comptroller.

Due to budget cuts, clerks throughout the state felt compelled to cut the hours their offices were open to the public. In Pinellas, the public hours were reduced by two hours a day.

“Those two hours were necessary to have all employees focused on the document preparation, calendaring and

filing required to properly process a case,” said Burke. “With a reduced staff level, we had no choice but to shorten our public hours and use those operating hours to keep current.”

The Florida Legislature’s Legislative Budget Commission (LBC) voted to restore clerks’ budgets to prior year’s funding, enabling clerks’ offices to begin to return to normal hours and restore services.

“Thanks to the support of Governor Rick Scott and the LBC, we will be able to continue to provide the excellence in

customer service Pinellas County citizens have come to expect of us,” said Burke.

Burke also thanked his fellow clerks and their employees for making the necessary adjustments in such difficult budget times. “Tough budget challenges are still on our horizon, but this will certainly aid in Florida clerks efficiently fulfilling our duties for the coming year,” said Burke. “As public servants, it is most important for us to be able to provide the utmost service to the courts, the citizens and the businesses of our communities.”

Clerk’s Office to Resume Regular Hours

Elimination of Fees

Effective Oct 1, 2012, fees for accessing public records will be eliminated. Any usage or set up fees

incurred prior to that date will be owed, however, there will be no new fees going forward. You will see this reflected in the next billing cycle. Facilitating access to public records has been a long standing goal. It is with great excitement that this news can be shared with you.

New Case Management System

Effective September 17, 2012 the Clerk’s Office will be migrating the civil court records database to a new countywide case management system. This upgrade will provide clerk staff and the user community with significant benefits. The new system will help serve as the foundation to our efforts in proceeding with a paperless office. Over the coming

months this new system will be rolled out to other court areas, however, initially it will be for civil and family case records only. What this means is that as a user you will see two different ways of logging in, one for civil and the current login for criminal, probate and traffic matters.

Below is an example of what the new user login screen will look like for civil searches.

Notice of changes to Public Access and Elimination of Fees

J October 2012

M E M B E R A P P R E C I AT I O N R A F F L E W I N N E R

E r i c E . Pa g e

Sponsored by


October 15, 2012 through December 7, 2012 is the Medicare Open Enrollment period for the

coming year. During this time, Medicare recipients can switch prescription drug coverage (Part D) enroll or disenroll from a Medicare Advantage plan. From January 1st through February 14th 2013, those enrolled in a Medicare Advantage plan can also disenroll and switch back to regular Medicare (this is the only change that can be made during that period).

It is worth each Medicare recipient’s time to evaluate current Medicare coverage and consider alternatives based on his/her specific situation. Additionally, the Affordable Care Act created some significant changes that are expected to affect the Medicare Advantage market so recipients may need to make changes based on availability of plans. For a basic overview of all of the Medicare parts and costs check out Aging Wisely’s Medicare Fact Sheet (http://info.agingwisely.com/get-the-facts-medicare-2012/).

1. The primary decision for Medicare coverage is determining whether you want to participate in the traditional Medicare program (Parts A, B, and D) or get your benefits via a private insurer (Medicare Advantage, sometimes known as Part C) which generally means all benefits are wrapped into one program. You may have previously decided this, or may need to analyze your options if you are new to the program or as part of your annual review. If you have an employer plan or are eligible for Veteran’s benefits or Medicaid, this will also affect your options.

• Traditional Medicare or

• Medicare Advantage

• Other

2. If you choose traditional Medicare,

Part A covers hospital stays (and some other care such as rehabilitation and hospice), Part B covers doctor’s visits and outpatient services and Part D covers medications. Part A and B are standard benefits administered by Medicare, but you will need to choose a Part D plan from amongst many insurers. You can also purchase supplemental insurance to cover co-pays and deductibles (standardized by Medicare’s rules but offered through private insurers).

•Part D choice:_________________

• Supplemental:_________________

Here are some questions to review as you make your decisions:

Medicare Drug Coverage-Part D

• Input current medications in to the plan compare tool regardless of whether you like your current plan or not. Why? Plans change each year and your medical situation changes. There are too many choices to be stuck in the wrong plan. You can input your personal information (Medicare #, date of birth, zip code, medication list) at https://www.medicare.gov/find-a-plan/questions/home.aspx to find plans.

•Analyze how new doughnut hole provisions may affect you. The “doughnut hole” (a gap in coverage at a certain dollar level until the beneficiary reaches catastrophic coverage) is being phased out under healthcare reform legislation. Recipients who tend to have high drug costs may now have more options as these discounts increase.

• If you want to stay on your current plan, review the formulary and find out if they are making any changes in the coming year.

Medicare Advantage Plans

•Contact your doctors’ offices to ensure they will be participating in the plan. Be aware that even if the plan tells you that you do not have to use a specific network, some doctors choose not to participate with particular companies.

•You might also want to find out about the plan’s options for care such as inpatient rehabilitation, such as which facilities are available?, particularly if you are anticipating surgery or have multiple conditions.

•Understand the plan’s procedures and restrictions. Do they require referrals? What do you do if traveling or outside the coverage area and you need care? How do they determine necessity of care (e.g. rehabilitation coverage case management)?

Medicare out-of-pocket costs can have a significant effect on a person’s retirement income. It is vital to analyze which choices make the most sense for the person’s health condition, financial situation and other priorities and concerns. The annual enrollment periods provide a great opportunity to make changes. A beneficiary’s needs may be very different now than they were when first signing up for Medicare.

Shannon Martin, M.S.W., CMC is Director of Communications for Aging Wisely, LLC. Aging Wisely is a geriatric and disability care management/consultation company, helping clients, families and professionals since 1998. Aging Wisely offers independent advice and a Medicare Analysis package (for current recipients and pre-retirees), to help individuals and their responsible parties make the smartest healthcare choices. Contact Aging Wisely at 727-447-5845 for more information about how they can help. Visit www.agingwisely.com for more Medicare information and news.

Medicare Open Enrollment: A Review Checklist

By Shannon Martin

Bar and Court News

ASSOCIATION OF LEGAL ADMINISTRATORS - SUNCOAST CHAPTER: The Suncoast Chapter of the ALA meets on the second Wednesday of each month. For more information please contact Erica Hetherington at [email protected] or visit the ALA website at http://alasuncoast.org/ for more information. The next meetings are:

PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: The PACDL monthly meetings are held the second Wednesday of each month. Locations vary, but are frequently at the Criminal Justice Center from 12:00 to 1:30 p.m. Lunch is typically provided. For more information on PACDL please contact Reid Hart for the location or more information at [email protected] or 727-367-1080. All attorneys are welcome to attend.

PINELLAS COUNTY CHAPTER OF THE FLORIDA ASSOCIATION FOR WOMEN LAWYERS: PFAWL meets on the 1st Tuesday of each month at 6:00 p.m. at different locations each month. There is no RSVP requirement. For more information contact Marcelana Anthony at [email protected].

PINELLAS COUNTY CHAPTER OF THE PARALEGAL ASSOCIATION OF FLORIDA:

Monthly meetings for the Pinellas County Chapter of PAF, Inc. are on the second Tuesday of each month. Paralegals, student paralegals, non-members and attorneys are always welcome. For further information or to make reservations, please contact Crystal Siegel: [email protected] or Chrystal Lunsford. For more information on the local chapter contact Chrystal Lunsford at [email protected] or visit the Paralegal Association of Florida website at www.pafinc.org. The next meetings are:

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

SPALSS is in the process of restructuring. Currently there are no other meeting dates on their calendar at this time. For more information contact Interim President, Roslyn Anderson at [email protected] or Susan Batchelder at 727-502-8219.

October 2012


Date/Time: Thursday, October 11, 2012 – 11:00 a.m.Program: Debra Douglas Memorial Scholarship Golf Tournament. For more information on the golf tournament contact Eric Hinote (813) 253- 0777 or [email protected]: Feather Sound Country Club 2201 Feather Sound Drive Clearwater, FL

Date/Time: Tuesday, October 9, 2012 – 6:00 to 9:00 p.m.Speaker: Terry L. Hirsch, Esq.Topic: Non-Competition AgreementsLocation: Antonio’s Pasta Grill 2755 Ulmerton Road Clearwater, FL 33762

Date/Time: Tuesday, November 6, 2012 – 6:00 p.m.Location: Red Mesa Cantina 128 Third Street South St. Petersburg, FL 33701

Date/Time: Thursday, November 8, 2012 8:00 a.m. to 5:00 p.m.Program: 2012 ALA Annual Educational Conference and Business Partner ExhibitLocation: Al a Carte Event Pavilion 4050 Dana Shores Dr. Tampa, FL 33634

Date/Time: Tuesday, November 13, 2012 – 6:00 to 9:00 p.m.Speaker: Richard R. Vickers, Esq.Topic: Eminent DomainLocation: Antonio’s Pasta Grill 2755 Ulmerton Road Clearwater, FL 33762

Date/Time: Tuesday, December 4, 2012 – 6:00 p.m.Location: To Be Announced


The majority of attorneys reading this article have performed some type of pro bono work in their career. After all, The

Florida Bar has set forth an aspirational goal of at least 20 hours of pro bono legal services to the poor, or an annual contribution of at least $350 to a legal aid organization. The Florida Bar Association recently created the “One” campaign hoping to improve lawyer participation, since it is currently estimated that only about half of all lawyers in Florida provide free legal services to those in need. The slogan for the campaign, aimed at getting lawyers to take a single pro bono case, is “One: One client, one attorney, one promise.”

I have found, though, in the last seven years of working closely with indigent clients that accepting the case is the easy part; finishing it can be difficult. This article is an attempt to outline some of the do’s and don’ts of representing an indigent client who cannot navigate the system alone.

1. Do treat the pro bono client just like all your other clients. When clients come to you through a legal aid society or other charity, they have been screened for indigent status, but usually that is all. It is imperative that each client is treated the same as others. Make sure there is a written agreement, and all the intake forms are completed

2. Do only accept pro bono clients from reputable non-profits with experience working with attorneys. Not every charity understands how to coordinate cases and may not have the same follow-up procedures and rules that established legal aid societies do. The attorney may be told that the charity will pay “all costs” associated with the case, without an understanding that deposition transcripts may cost $1,000. In addition, some non-legal charities assume that once an Injunction or an Eviction is accomplished, their affiliation is over. The charity may then close their books and move on to the next person needing assistance, while you are still the attorney of record for a case that may be far from over. There is nothing worse than a pro bono attorney being stuck with

an invoice that he/she assumed the charity had agreed to pay.

3. Do keep up with your ‘billable’ time, track what the client ‘owes’ you and don’t waive financial disclosures from your client.

Remember that during litigation, things may change rapidly. The divorcing client who really is indigent the day you take the case may be awarded fees by the Court. The spouse may have $500,000 stashed away in a bank account that you find which is available to be disbursed for attorney’s fees. Or, the victim of Domestic Violence may become a staunch advocate and sign a book deal and start collecting speaking fees after selling pictures to a tabloid. If you are not tracking your billing, you cannot ask the Court, or the client, for fees. Trust me on this one. It happens. Make it clear in your written agreement that if the client’s financial situation changes dramatically, you can ask for fees if you wish (or need) to.

4. Do communicate regularly with the client. Make sure you have a written contract that outlines exactly what you will and will not assist the client with. Enter a Limited Notice of Appearance if possible. Most clients have no idea that there may be several different aspects of their case.

5. Do make sure you have malpractice coverage for your pro bono cases. This may be a shocker, but pro bono clients can and will sue you for malpractice, just after the Bar Grievance was filed because the attorney did something the client, or the client’s spouse, did not like.

6. Do a good job for the client. Be careful not to put the pro bono file on the corner of your desk and decide to work on it “tomorrow”. These clients deserve and expect our full attention.

7. Don’t ask or pay your staff to work on a pro bono case. Want a quick road map to your law firm’s bankruptcy? Ask your staff to work on non-paying cases. You will pay your Paralegal, out of your pocket, to work on a non- revenue producing case. You will delegate some

work, and when it’s time to do your billing, you notice that your paralegal has no billable hours, but still wants a paycheck.

8. Don’t talk to the pro bono client after hours or on weekends or holidays. Set boundaries, immediately. Some clients are referred to you by a shelter or other organizations that assist battered men, women and children. These agencies take calls 24/7, 7 days a week. Make sure the client understands that 911 is still the best number to call when an angry spouse shows up on Christmas Eve trying to pull children out of the house. As an older and wiser attorney told me once, ‘There isn’t anything an attorney can or should do for a client when the Courthouse is closed”. I have never forgotten that one comment. Commit it to heart.

9. Don’t practice outside your comfort level. It is hard to turn down your cousin’s wife’s co-worker who was battered by her husband and is now in the hospital and does not know where her children are. Most attorneys with a heart will jump in because it is Thanksgiving Day and we really do care. But, if you normally practice real estate law, don’t do it.

10. Do remember why you took the pro bono case to begin with. Those of us who do pro bono work regularly do it from the heart. When we first start working on the case, we feel so happy to be able to use our talents to assist those less fortunate. We are all warm and fuzzy inside. Keep that feeling. The day you wake up and the case feels more like an obligation than a gift, it’s time to rethink your motives. It is hard to not want, or expect, validation from the clients you work so hard for, but do not get discouraged when it doesn’t happen.

Carin Constantine is the sole shareholder of Carin Constantine, P.A., and practices Family Law in Pinellas, Pasco, and Hillsborough Counties. She can be reached at [email protected] or 727-456-0032. Ms. Constantine has recently opened a new office in New Port Richey in addition to her Main office in St. Petersburg.

The Dos and Don’ts of Pro Bono Work: Lessons from the Front Line

By Carin M Constantine


KENNETH C. DEACON, JR.

Mediation - Arbitration

Certified Circuit Court Mediator

Board Certified Civil Trial Lawyer- Florida Bar Board of Certifications

AV - Rated (for over thirty years)

Past Governor - The Florida Bar

Past President -St. Petersburg Bar Association

2008 Recipient of the Barney Award for Ethics, Professionalism and Legal Experience

Elected as Florida Super Lawyer (2002-2011)

Ken Deacon has over forty years civil trial experience and has tried, as lead counsel, well over 100 major civil jury trials to their

conclusion. Ken has represented both plaintiffs and defendants.

100 Second Avenue South

Suite 902

St. Petersburg, FL 33701

Phone: 727-551-0000

Toll Free: 866-800-0426


Supreme Court Clarifies Secured Creditors’ Rights Under Chapter 11 “Cramdown” Plans

Earlier this year, the Supreme Court resolved the question of whether a debtor may sell a secured creditor’s

collateral free and clear of liens while prohibiting the creditor from credit-bidding at the sale. In an unanimous decision (Justice Kennedy did not participate), the Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012) held that a debtor may not confirm a Chapter 11 “cramdown” plan that provides for a sale free and clear of liens, but prevents the secured lender from credit-bidding at the sale. The decision resolved a split among the Third, Fifth and Seventh Circuits.

What is a “Cramdown” Plan?By way of background, “cramdown”

plans are a tool for Chapter 11 debtors to use when a consensual plan cannot not be reached with all of its classes of creditors. In that case, a plan may still be confirmed by the Bankruptcy Court over the objection of creditors whose rights are impaired by the plan, provided that the standards of 11 U.S.C. § 1129 are met. As to secured creditors, a plan may be confirmed despite a secured creditor’s objection if it “does not discriminate unfairly, and is fair and equitable.” 11 U.S.C. § 1129(b)(1). A plan is “fair and equitable” if one of the tests under subsection of 11 U.S.C. § 1129(b)(2)(A) are met:

(i) (I) that the holders of such claims retain the liens securing such claims, whether the property subject to such liens is retained by the debtor or transferred to another entity, to the extent of the allowed amount of such claims; and

(II) that each holder of a claim of such class receive on account of such claim deferred cash payments totaling at least the allowed amount of such claim, of a value, as of the effective

date of the plan, of at least the value of such holder’s interest in the estate’s interest in such property;

(ii) for the sale, subject to section 363(k) of this title, of any property that is subject to the liens securing such claims, free and clear of such liens, with such liens to attach to the proceeds of such sale, and the treatment of such liens on proceeds under clause (i) or (iii) of this subparagraph; or

(iii) for the realization by such holders of the indubitable equivalent of such claims.

Subsection (i) requires that that the secured creditor retain its lien and receive deferred cash payments. Under subsection (ii), the secured creditor’s collateral is sold free and clear of the lien, “subject to section 363(k)” and the creditor’s lien attaches to the sale proceeds. The inclusion of the language “subject to section 363(k)” was important in the RadLAX case because under that statute the creditor is permitted to credit-bid at the sale unless the court orders otherwise for cause. Last, subsection (iii) requires that the creditor receive the “indubitable equivalent” of its claim, such as the property under certain facts.

Lesson in Statutory ConstructionThe debtor in RadLAX proposed a

liquidating plan that would auction its assets free and clear of its secured creditor’s lien and use the sale proceeds primarily to repay the creditor who was prohibited from credit-bidding at the sale. The debtor argued that the plan was “fair and equitable” under subsection (iii) because the cash generated by the sale was the “indubitable equivalent” of the secured creditor’s claim.

In an opinion written by Justice Scalia, the Supreme Court rejected this argument and affirmed the 7th Circuit. The Court

concluded that “the debtor’s reading of § 1129(b)(2)(A) – under which clause (iii) permits precisely what clause (ii) proscribes – to be hyperliteral and contrary to common sense.” (Ouch.) The opinion sets forth a detailed analysis of one of the canons of statutory construction: the specific governs the general. Applying the same to section 1129(b)(2)(A), Justice Scalia wrote:

Here, clause (ii) is a detailed provision that spells out the requirements for selling collateral free of liens, while clause (iii) is a broadly worded provision that says nothing about such a sale. The general/specific canon explains that the “general language” of clause (iii), “although broad enough to include it, will not be held to apply to a matter specifically dealt with” in clause (ii).” (citation omitted) Id. at 2071-72.

(The opinion later states that under this principle of statutory construction, “this is an easy case.” Id. at 2073).

Post-RadLAX ImpactThe Supreme Court’s RadLAX ruling

resolved the split in authority among several circuit courts. The ruling eliminated a potential tool for debtors and, in turn, provided secured creditors leverage when negotiating with debtors. It is now clear that a secured creditor cannot be denied the right to credit-bid up to the full amount of its secured claim under a cramdown plan that is proposing to sell the collateral free and clear of liens.

Iurillo & Associates, P.A., located in downtown St. Petersburg, is comprised of Camille J. Iurillo, Shareholder, Gina M. Pellegrino, Associate, and Sabrina C. Beavens, Associate. The primary areas of practice of Iurillo & Associates, P.A. are Commercial and Bankruptcy Litigation, Debtors’ and Creditors’ Rights, and Foreclosures/Workouts.

By Camille J. Iurillo and Sabrina C. Beavens


Florida citizens will have the opportunity this November to vote on several amendments to the Florida

Constitution,1 five of which pertain to property taxes and homestead. What would the passage of any or all of the five proposed property-related amendments mean for local tax revenue? To find out, please join the Real Property Section on October 25, 2012 to hear our Pinellas Property Appraiser, Ms. Pam Dubov, provide her unique expertise to a discussion of the amendments. In preparation for her presentation, here is a brief “ballot breakdown” providing the highlights of these proposed amendments:

Amendment 2:Veterans Disabled Due to Combat Injury; Homestead Property Tax Discount

Under current Florida Constitutional law, each partially or totally disabled veteran aged 65 or older receives a discount from the amount of ad valorem tax otherwise owed on the veteran’s homestead property if the disability was combat related, the veteran was honorably discharged when separated from military service, and the veteran was a Florida citizen at the time of entering U.S. military service. Amendment 2 would expand the homestead exemption to combat-disabled veterans who were not Florida citizens at the time they entered U.S. military service. This discount would continue to be based on a percentage equal to the percentage of the veteran’s permanent, service-related disability as determined by the U.S. Department of Veteran Affairs. If passed, this Amendment is scheduled to take effect on January 1, 2013.

Amendment 4:Property Tax Limitation; Property Value Decline; Reduction for Non-Homestead Assessment Increases;

Delay of Scheduled Repeal

Article VII of the Florida Constitution currently provides that property tax assessments for certain non-homestead residential property can change annually up to 10% of the prior year’s assessment. Amendment 4 would first reduce the annual growth in the assessment cap limitation so that property tax assessments on such property could not change annually more than 5%.

Secondly, passage of Amendment 4 would allow the Legislature, by general law, to provide that, except for changes, additions, reductions or improvements to homestead property and certain non-homestead property, the property tax assessment may not increase if the just value of the property is less than it was on the preceding January 1st.

Third, Amendment 4 would enable new homeowners, who establish the right to receive the homestead exemption for newly purchased property within a year of purchase and who have not owned real property in the preceding three years to which the homestead exemption applied, to receive an additional homestead tax exemption for all levies except school district levies. The additional exemption would be equal to 50% of the amount of the homestead property’s just value on January 1st of the year homestead was established. However, the additional exemption may not exceed an amount equal to the median just value of all homestead property within the county where the property is located for the calendar year immediately preceding January 1st of the year the homestead is established. The additional exemption shall apply for no more than 5 years, with the amount of the additional exemption reduced in each year (until reaching 0 in the 6th year). The additional exemption will terminate earlier than at the end of 5 years if the property is sold before that

time. If approved at the November general election, this additional exemption would apply to property purchased on or after January 1, 2012.

Finally, the Amendment would delay until 2023 a repeal, which is currently scheduled to take place in 2019, of constitutional amendments adopted in 2008 that limit annual assessment increases for specified non-homestead property.

Amendment 9:Homestead Property Tax Exemption for Surviving Spouse of Military Veteran or First Responder

Amendment 9 would authorize the Legislature to provide by general law homestead property tax relief, either partial or total, to the surviving spouses of military veterans who died from service-connected causes while on active duty and to the surviving spouses of first responders (defined as law enforcement officers, correctional officers, firefighters, emergency medical technicians, and paramedics) killed in the line of duty, provided the veteran or first responder was a permanent Florida resident as of January 1st of the year he or she died. If passed, this Amendment is scheduled to take effect on January 1, 2013.

Amendment 10:Tangible Personal Property Tax Exemption

Under current law, the first $25,000 of tangible personal property is exempt from ad valorem taxation. This Amendment would expand the exemption to the first $50,000 of tangible personal property. Cities and counties would be able to grant additional exemptions by ordinance. If passed, this Amendment is scheduled to take effect on January 1, 2013 and would apply to tax rolls for 2013 and subsequent years.

Florida Constitutional Amendments 101: Are You Ready to Vote?


By Erica K. Smith

Amendment 11:Additional Homestead Exemption for Low-Income Seniors Who Maintain Residency on Property; Equal to Assessed Value

This Amendment would authorize the Legislature, by general law, to allow counties and municipalities to grant homestead property tax relief to any low-income senior who has lived in his or her home for at least 25 years. To qualify for this relief, the homeowner must be

at least 65 years old, the market value of the property must be less than $250,000, and the owner must qualify as having low household income under the law. The exemption granted would be equal to the assessed value of the homestead property.

This presentation by our Pinellas Property Appraiser, Ms. Pam Dubov, will be relevant to all of us who live in Florida, own Florida property, are planning to buy Florida property, counsel clients who have Florida property – well, EVERYONE really! So please join us on

October 25th for an informative and thought-provoking discussion!

Erica Smith is an attorney at Fisher & Sauls, P.A., practicing primarily in the area of trusts and estates. She currently chairs the Real Property Section. Please contact her ([email protected]) if you would like to speak at a Section meeting on a property topic or have ideas for the Section.

1. The complete text of the proposed amendments may be found at http://election.dos.state.fl.us/constitutional-amendments/2012-proposed.shtml.


New Date and LocationThe St. Pete Bar Foundation invites you to

join us for a very special evening honoring the

2013 Heroes Among Us and Rising Star Robert P. Byelick and Gail F. Moulds

Brittany J. Maxey

Keynote Speaker: Jeff VinikOwner of the Tampa Bay Lightning

HEROES AMONG US DINNERSaturday, January 5, 2013

The Club at Treasure Island400 Treasure Island CausewayTreasure Island, FL Cocktails 6:00 p.m.Dinner and Program at 7:00 p.m.

For more information contact the St. Pete Bar Foundation at 727-823-7474 or [email protected]


Tim Miller would like to highlight “a bit of history of the St. Petersburg Bar Association and

the city” during his year as President of the St. Petersburg Bar Association. For an attorney whose grandfather was a practicing attorney and father was a sitting member of the bench in St. Petersburg, history is a fitting backdrop. He is a man with a lot of history in St. Petersburg.

A Family Man

Tim and his wife Eleanor (who uses the nickname Norni) are both St. Pete natives. In August, they celebrated their 35th wedding anniversary. They met at Boca Ciega High School, and started dating as seniors. They have been together ever since. After graduating, Tim went off to the University of Florida and Norni went to Flagler College. She later transferred to UF, where they finished their Bachelor’s degrees together. Tim went on to become a double Gator, getting his law degree from the University of Florida College of Law in 1979.

Tim and Norni have three children, and he will proudly tell you about each of them:

Ashley, age 29, attended UF and Barnard College, where she got her English Degree. She entered the Teach for America Program, and taught in Harlem. Now, she is pursuing her Ph.D. at the University of Texas.

Allison, age 25, is a Ballet Dancer. She attended the North Carolina School for the Arts where she graduated early, and then went to New York City where she joined the junior company of the American Ballet Theater. For the past

six years, Allison has been a member the Houston Ballet, the fourth largest ballet company in the United States, where she is now a soloist.

Grant, age 24, is their youngest child. He lives in Palm Beach County where he is rising through the ranks of a mortgage firm. Grant is also a triathlete. Tim, who is an active member with Tampa Bay Fit and has two marathons under his belt, ran his most recent race with Grant.

The Practice of Law

After leaving Gainesville in 1979, Tim came back to St. Petersburg and signed on as an Assistant State Attorney in the Sixth Judicial Circuit. He describes his three years serving under State Attorney Jimmy Russell as a fantastic learning experience that helped launch his career.

In 1982, he left the State Attorney’s office for private practice with John

Hanley and his partners Adrian and David Bacon. Unfortunately, Mr. Hanley passed away six months later, but Tim continued working with Adrian and David until 1985 handling probate and guardianship, as well as civil and criminal trial matters.

For a change of pace in 1985, Tim and Noni moved to Hershey, Pennsylvania, and Tim took a position as Assistant General Counsel with the Department of State in Harrisburg, PA. Tim’s criminal law background served him well in this new position because his principal role was prosecuting discipline cases before the State Medical Board. However, they were far from their family and returned to St. Pete in 1986.

Years earlier, Tim had met Neil Kiefer while they were taking the Bar exam. He also knew Paul Castagliola from his days at the State Attorney’s office. Those relationships led to a position at Riden, Earle & Kiefer, P.A. handling worker’s compensation cases. Tim was there from 1986 to 1999 as a shareholder. He also became Board Certified in Worker’s Compensation and AV rated by Martindale-Hubbell during that time.

A chance encounter with Judge George Greer at a Bar event in 1999, led Tim on a path to forming his own firm, Timothy A. Miller, P.A.. He credits Judge Greer for asking him why he was not handling probate litigation, and recommending that he speak with Fletcher Belcher about the area of law. Tim appreciatively speaks of Fletcher spending an afternoon with him that sealed the plan and sent him down the path of focusing on probate litigation. Since 1999, it has been the focus of his practice, and he loves it. As he explains: “Everything I did in my practice before then was a great

By John V. Tucker

Tim Miller: A Son of St. Petersburg Serves as Bar President

foundation for probate litigation. You truly feel like you are helping people resolve problems.”

Goals for His Term

Tim is deeply concerned about small firm practitioners, a large majority of the St. Petersburg Bar membership. He wants the Bar to help lawyers learn better ways to run the business side of their offices. In Tim’s words, “We have more solo practitioners today than ever, and a lot of young attorneys. Their biggest challenge is administering their offices.”

Tim also wants to focus on the Bar’s sections, which he considers one of the strengths of the Association. He wants to enhance those that function well, and reinvigorate some that have lost some of their steam, like the Social and Athletic Committee. He is also particularly interested in an upcoming seminar that will be presented by Lucas Fleming on “Listening.”

Perhaps the biggest motivator for Tim is his desire to bring attorneys together. He remembers how his

worker’s compensation practice in the late 1980’s and 1990’s often took him to Lakeland and other places outside of St. Petersburg. That got him away from the Bar Association at times, and made an impression on him about the need to

have relationships with local attorneys. Tim recognizes that more and more, attorneys are not connected. “I want you to get to know more lawyers; it is valuable to your practice,” Tim said. In addition to the social events and 5 general luncheon meetings this year, Tim is focusing on having sections co-sponsor events to encourage lawyers from overlapping practice areas get to know each other.

Making Bar meetings a place where attorneys can come together, “just like it was in 1925 at the Detroit” would

be a step in the right direction for Tim. Collegiality and professionalism were two of the byproducts of those interactions in the past. He recognizes, “there were 24 attorneys in the St. Pete Bar then, and today we have 24 Sections

and Committees.” He understands that the task is bigger, and appealing to over 1100 members of the St. Pete Bar will take more effort than inviting everyone to dinner. Yet, in a time when people would just as easily fire off an email to each other, Tim would like to see them in the same room so they can shake hands. It is Tim Miller’s hope that we learn from the lessons of history. He is working to make St. Pete Bar

gatherings a place where attorneys will develop relationships that will endure for years to come.

John V. Tucker is a Past-President of the St. Petersburg Bar Association. A double Gator like Tim Miller, John’s practice includes different types of insurance and disability benefits, including ERISA, Individual Disability Insurance, Life Insurance, Social Security Disability, and Veterans Service-Connected Disability Compensation. John can be reached at [email protected].



The Pinellas County Chapter of The Florida Association of Women Lawyers (PFAWL) would like to

congratulate member Jessica Ehrlich as the successful Democratic Candidate for U.S. Congress District 13. After the August primary, Ms. Ehrlich will be running against Republican Candidate C.W. Bill Young. We wish Ms. Ehrlich the best of luck in the November Election.

PFAWL would also like to thank the Honorable Susan Bedinghaus for participating in our quarterly Roundtable Lunch with the Judges at Café Ponte in Clearwater. It was an honor to meet her, and we

sincerely appreciate her taking the time to speak with our members about her experience as a judge.

PFAWL is one of 29 chapters of FAWL, which is a voluntary bar association that provides a statewide voice for Florida’s women lawyers. PFAWL’s mission is to provide a networking opportunity to

and support group for women lawyers as well as promote friendship among its members.

PFAWL holds an open membership meeting at 6:00 pm on the first Tuesday of every month, as well as periodic socials and quarterly Roundtable Lunch with the Judges. See Bar and Court News in

this issue for more information.

Membership in our organization is open to every attorney that supports the organization’s mission, membership inquiries, contact Joann Grages at [email protected].

Pinellas County Chapter of Florida Association of Women Lawyers (PFAWL)

1. Attorneys must serve pleadings and documents on other attorneys by e-mail in accordance with Rule of Judicial Administration 2.516. This is effective September 1, 2012, in the civil, probate, small claims, family law, and appellate divisions. See instructional material from The Florida Bar. http://www.floridabar.org/TFB/TFBResources.nsf/Attachments.

2. You should not serve pleadings and documents on the courts in the Sixth Judicial Circuit (Pasco and Pinellas Counties) by email. This includes judges, magistrates, hearing officers and their assistants, and any other court staff.

3. The Sixth Judicial Circuit (Pasco and Pinellas Counties) will not be serving

orders by email. The Circuit does not currently have the capacity to do so. It is anticipated that the Justice Consolidated Case Management System in Pinellas County and CLERICUS in Pasco County will have the capacity to serve notice at a later date. Until that time, service of orders in the Sixth Judicial Circuit will continue to be by U.S. Mail.

New CJIS System In Pinellas County

Justice CCMS is replacing CJIS in Pinellas County for circuit civil, circuit family, county civil, and county small claims. It is anticipated that this transition will be effective Tuesday, September 18, 2012. If you are a current subscriber, you should receive information from the Clerk’s office about the changes to your access. If you

access CJIS by the internet, you should be directed to the new site automatically.

CJIS access for civil will be limited as of Friday, September 14, 2012, because of the conversion and filings received after noon will not be processed by the Clerk until the new system is activated. The conversion for criminal, traffic, dependency, delinquency, and probate will be at a later date.

Other E Initiatives

E-discovery rules were effective September 1, 2012. See SC 11-1542.

E-filing. The Supreme Court adopted a schedule for e-filing but those initiatives are not yet complete. See SC 11-399.

Updated September 7, 2012

Update on Technology Initiatives:e-Service in the Sixth Judicial Circuit

PFAWL Judicial Roundtable



Mary, a young mother of two young children, is desperate to escape a physically-abusive

marriage. There’s also Susan, a dying hospice patient who needs a will that can provide some assurances for her young son after she’s gone. And then there is James, a double amputee who recently lost his job. He fears that his specially-equipped van will be repossessed.

These are real people in our community in dire need of legal assistance. Their names have been changed to protect their identity. Sadly, the list is real and is much longer.

Our ability to value and respect human dignity, to understand diverse cultural differences, and to raise the quality of life is what defines us as a socially just society. As lawyers, our unique abilities, talents, and experience allows us the opportunity to improve the quality of individuals’ lives. Our commitment to pro bono legal assistance is at the very core of who we are as legal practitioners.

Stetson has a long history of commitment to social justice. These beliefs are woven into the very fabric of our educational mission, not only at the College of Law, but at Stetson’s main campus in DeLand.

Stetson President Wendy Libby has worked to shape a curriculum that mandates the DeLand students complete a series of courses that reinforce Stetson’s commitment to social justice.

Stetson’s law students partner with more than 400 organizations, volunteering approximately 25,000

hours of pro bono work each year. This level of service wouldn’t be possible without our long-standing relationship with the St. Petersburg Bar Association.

Under the mentorship and guidance of the Bar’s membership, Stetson students work with practicing attorneys who volunteer their time and service to help others in need. In 1989, a small group of lawyers in the St. Petersburg Bar Association elevated the Bar’s social justice commitment with the creation of the Community Law Program. This initiative helped to formalize the Bar Association’s practice of donating assistance that enriches the quality of lives within our community.

We are honored and proud of our partnership with the Community Law Program, as well as the many other businesses and individuals who join us in this important work.

In 1996, the American Bar Association created the World Justice Project to ensure that governments are held accountable to create and enforce fair and comprehensible laws that protect fundamental rights. Since that time, the organization has become a global non-profit organization designed to strengthen the law’s power to uplift, protect, and create equal opportunities for all.

The World Justice Project studied sixty-six countries on a variety of dimensions and has summarized the results of countries based on their commitment to the rule of law. The United States obtains high marks in most instances. Our country stands out for its well-

functioning system of checks and balances and for its good results in guaranteeing civil liberties among its people, including the rights of association; opinion and expression; religion; and petition. Our civil justice system is independent and free of undue influence, but it remains inaccessible to disadvantaged groups (ranking 21st). Legal assistance is expensive or unavailable (ranking 52nd). Our country ranks 20th of 23 countries classified as high income countries, ahead of only Italy, Croatia, and Poland; and behind others such as Germany, Estonia, Hong Kong, the Czech Republic, and South Korea.

Experts estimate that four-fifths of low-income people have no access to a lawyer when they need one. Research shows that litigants representing themselves often fare less well than those with lawyers. This “justice gap” falls heavily on the poor, particularly in overburdened state courts.

Our hope is that each of our graduating students carries with them a life-long commitment to social justice. Recently, Stetson University College of Law created the Social Justice Advocacy Certificate of Concentration. This concentration prepares students to make a significant impact on social justice issues in civil or criminal law. This selective program admits a limited number of students based upon their academic and experiential background. This concentration is designed to prepare students who are committed to using their legal skills to help the underserved, the disenfranchised, and those who might not be able to otherwise afford a

Stetson Law offers new Social Justice Concentration

By Chris Pietruszkiewicz, Dean, Stetson Law


lawyer to champion their cause. The program outlines specific coursework, teams up students and faculty mentors who have experience and expertise in social justice advocacy, requires pro bono activities, encourages experiential learning, and requires advanced research and writing on contemporary social justice initiatives and issues.

The co-directors of this important program are Professor Judith Scully and Professor Robert Bickel. Judith Scully is our faculty adviser for both the Innocence Initiative at Stetson and the Juvenile Justice Initiative. Her inspirational background includes assisting the African National Congress draft the Constitution for a Free and Democratic South Africa.

Professor Scully first approached Professor Bickel about creating this certificate of concentration. Her vision for proposing this program stemmed from her commitment to gender and racial justice. She teaches Race

and American Law, Criminal Law, Constitutional Criminal Procedure, and Juvenile Criminal Law. Prior to entering academia, she was a civil rights and criminal defense attorney. Her hope for this program is that students will recognize the power that they have in being trained as advocates and that, as attorneys, they will use these skills to inspire others to help them create a world where gender and racial equity becomes the norm.

Bob Bickel has devoted 40 years to higher education, including teaching Constitutional Law, Civil Rights, and Employment Discrimination classes.

When Professor Bickel was in his third year of law school, the nation was rocked by the assassinations of Dr. Martin Luther King and Robert Kennedy. These two events had a profound impact upon the young lawyer and helped to create a life-long resolve to educate students about the need to respect the dignity of all who

unjustly suffer.

Professor Bickel shares a quotation in everyday correspondence that speaks to this commitment. It was written by Robert Kennedy upon hearing of Dr. King’s death: What we need in the United States…is love, and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country, whether they be white or whether they be black.

After a year of course development and curriculum review, our Social Justice Concentration at the College of Law is now in place. Students have eagerly begun lining up to participate in this new program. It is our hope that this new concentration is more than an academic exercise but rather, a means to define what it really means to be a lawyer and to be of service to others with honor and integrity.


By Gay L. Inskeep

(This column originally appeared in the July 2002 issue of the Paraclete and is being reprinted with slight revisions in honor of the recent Summer Olympic games in London)

Recently I had the opportunity to watch some Olympic games. I was amazed at the courage and

tenacity of the athletes, the esprit d’corps they exhibited, their dogged adherence to the rules, and the touching awards presentations at the end of the games.

One of the images that made the biggest impact on me was when I saw a female runner reach over into the other lane to grab the hand of her opponent. The two athletes crossed the finish line together, holding hands. The other stunning scene was when a male contestant stopped in his tracks at the mid-point of the race, marked by an orange traffic cone, and waited for his opponent to catch up (and in fact, could be seen verbally encouraging his opponent to persevere). The first athlete did not continue with the race until his opponent also reached the mid-point, at which point the happy pair hopped back to the finish line in tandem.

Seems amazing, doesn’t it? Oh, did I forget to mention that this was the pre-school Olympics I was watching? It wouldn’t make sense if you thought I was talking about the official Olympic Games, since I don’t think many of us could imagine adult athletes breaking

with the competitive tradition in such a way. It struck me that these three and four year olds hadn’t yet figured out that they were actually supposed to be competing. Heck, they were just having fun (especially when they got to hop back to the finish line).

This was another “teachable” moment for me, when I, the parent, learned something valuable from one of my kids. My four-year old, Andrew, who had been practicing his backward running skills for about a week (which, in and of itself,

could probably be the subject of an entire column!) was the child who stopped at the mid-point to wait for his “opponent.” Probably because of his practice sessions, he was well ahead of the other backward runner and could have handily won the race. But I don’t think a gold medal (well, okay, actually they used animal

stickers) would have made me any prouder than watching his simple act of compassion toward his friend.

I think these little kids are on to something. Information I found on the official website of the Olympic Movement (www.olympic.org) states that, according to the Olympic Charter, first established by Pierre de Coubertin, a fundamental principle of Olympism is that it is “a philosophy of life, exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, Olympism seeks to create a way of life based on the joy of effort, the educational value of good example, social responsibility and respect for universal fundamental ethical principle.” The three core Olympic values are listed as “excellence, respect, and friendship.” I can’t help but think that Pierre de Coubertin had a four-year old at the time

he pursued these ideals.

Next time we find ourselves competing with one of our colleagues, we might take a page from a pre-schooler’s book. Go ahead, reach out that hand!


By now you have received the annual dues notice for Foundation membership, but did you join the

Foundation? Although we have received an excellent early response to the membership drive, we aren’t done yet. The Foundation relies on the annual membership drive to fund the many grant requests we receive from worthy community organizations. The cost to you is only $50 but the return is immeasurable. If you haven’t joined the Foundation yet, please do. It is a donation for the betterment of your community. Also please invite your colleagues, friends and neighbors to join. Members do not need to be members of the Florida Bar. A big thank you to the current 2012-2013 members of the Foundation:

Louie N. Adcock, Jr.

Kenneth J. Afienko

Nicholas M. Athanason

Erin Kays Barnett

William H. Bartlett

Anthony S. Battaglia

Larry D. Beltz

David S. Bernstein

Robert E. Biasotti

Nancy E. Biesinger

Jerome B. Blevins

David Blum

Amy Boggs

Christin Collins Brennan

Kevin Douglas Brennan

Ryan D. Bresler

Linster E. Brinkley, Jr.

John Morgan Brunson

Robert P. Byelick

Gentry B. Byrnes

Catherine Cameron

Honorable Pamela A. M. Campbell

John Christopher Carver

Kenneth Cherven

Gerald R. Colen

Matthew J. Conigliaro

Kimberly Bennett Cook

Robert C. Decker

Rex E. Delcamp

John M. Della Costa

V. James Dickson

Aubrey O. Dicus

Henry Nicholas Didier, Jr.

Dwight R. Dudley

John E.M. Ellis

Leonard S. Englander

Misa A. Everist

Michael J. Faehner

Robyn Michele Featherston

Gary M. Fernald

Michael David Finn

Roxanne Fixsen

J.S. Lucas Fleming

Richmond C. Flowers

Jeffrey M. Goodis

Seymour A. Gordon

Raleigh W. Greene, III

Ronald William Gregory, II

Austin Grinder

Paul N. Gross

Robert A. Gualtieri

Hans Peter Haahr

Pamela Elliott Hembree

Terry L. Hirsch

Gregory John Hoag

Beth A. Horner

Catherine Day Hult

Christopher P. Jayson

Justin C. Johnson

Robert Kapusta, Jr.

Kenneth Hofmann Keefe

James R. Kennedy, Jr.

Joseph Martin Knaust

Richard D. Kriseman

Kenneth Webb Lark

Belinda Barndollar Lazzara

Morris A. LeCompte

Albert B. Lewis

Karen E. Maller

Sam H. Mann, Jr.

Bruce Marger

Thomas D. Masterson

Andrew James McBride

Thomas H. McLain, Jr.

Howard S. Miller

Timothy A. Miller

Honorable Patrice Williams Moore

James Jeffrey Moss

Alex Nunn

Marc Brett Nussbaum

Honorable Gerard J. O’Brien

Joey Dean Oquist

Marilyn M. Polson

Mark P. Rankin

Kimberly L. Rodgers

Eric Daniel Roslansky


St. Petersburg Bar Foundation

The mission of the St. Petersburg Bar Foundation is to fund, develop and promote efforts which enhance the legal profession and encourage better public understanding and access to the judicial system.

By Erin K. Barnett, Foundation President


Howard P. Ross

James C. Russick

Robyn Beth Rusignuolo

Colleen M. Russo

Frank K. Russo

Jenna Carroll Ruth

Steven C. Ruth

G. Lawrence Sandefer

Paul C. Scherer

Mary F. Selter

Jessica E. Shahady

Lonnie Lloyd Simpson

Chafica Antoinette Singha

B. Larry Smith

Benjamin Shannon Smith

Weston Fleming Smith

Honorable Irene H. Sullivan

Amanda E. Taylor

James D. Thaler, Jr.

Terri Nicole Thomas

James B. Thompson

Kenneth E. Thornton

Lee Ann Tranford

Wes Eric Trombley

John V. Tucker

Joseph J. Vecchioli

Honorable David Seth Walker

William H. Walker

William H. Weller

Matthew David Westerman

Jeannine S. Williams

John W. Williams, Jr.

Sarah E. Williams

Erin Elizabeth Wolfe

J. Emory Wood

Julian Emory Wood, Jr.

Jeffrey F. Worman

Ahmad M. Yakzan

Joel P. Yanchuck

L. Geoffrey Young

Elizabeth A. Zwibel

By Kimberly Rodgers, Executive Director


Community Law Program, Inc.is a non-profit corporation formed in 1989 by members of the St. Petersburg Bar Association concerned about the civil legal needs of low income residents of Southern Pinellas County, Florida. Over the years, CLP has recruited a panel of approximately 400 St. Petersburg area attorneys who provide free assistance to thousands of people in need of civil legal assistance each year. To volunteer for pro bono servive, contact Community Law Program at 727-582-7480.

CLP Celebrates Pro Bono 2012

Since 2009, the ABA’s Standing Committee on Pro Bono and Public Service has set aside a week during

the month of October to coordinate a national effort to meet the ever-growing needs of this country’s most vulnerable citizens by encouraging and supporting local efforts to expand the delivery of pro bono legal services. This year, this week-long celebration will run from October 21st – 27th.

Community Law Program is pleased to participate in this effort again this year. In addition to coordinating 5 free civil legal advice clinics during that week, we will be partnering with the law firm of Trenam Kemker in sponsoring an event called “Wills for Helping Hands.” Recognizing that social service non-profit organizations play an extremely vital role in helping to ensure that the most vulnerable within our community have access to basic needs and rights, we wanted to organize an event that would give something back to those who work so diligently every day on the frontlines of these organizations. Wills for Helping Hands will be a free event for frontline staff of local non-profit organizations that will focus on educating them about the importance of wills and

advance directives. Attorneys from Trenam Kemker will be on hand to give a group presentation and to answer questions one-on-one from event participants. This event will take place during the late afternoon/evening sometime during the week of Oct. 21st.1 We are extremely delighted that Trenam Kemker has made a commitment, both financially and in-kind, to help us with this effort, which is sure to make a significant impact for those whose helping hands make immeasurable differences in the lives of those most vulnerable in our community.

In addition to this effort, it is extremely fitting during this month that we are able to kick-off a new pro bono project with the West Central Florida Chapter of the Association of Corporate Counsel. Since 2007, Community Law Program has collaborated with the other legal aid organizations in Tampa Bay2 in a project known as Community Counsel. This project seeks to match non-profit organizations and other community groups that serve the poor with private attorneys for free legal assistance with transactional matters. This collaborative project received funding from The Florida Bar Foundation, but when declining interest rates led to dramatic declines in revenues of The Florida Bar Foundation, this project lost

funding in 2011. Now, we are extremely fortunate to have the Association of Corporate Counsel stepping forward to take on this project for its members. We will be kicking off this effort with a CLE training for the membership on October 10th at the offices of HSN. Rusty Spoor, Esq. has agreed to be a presenter during this training, as well as the other members of our legal aid regional partnership.

With these two major events taking place during October, and on the immediate heals of our Annual Volunteer Appreciation Dinner, we are busier than ever before, but in the most meaningful of ways!! I cannot thank Trenam Kemker and the West Central Florida Chapter of the Association of Corporate Counsel enough for helping us increase our capacity to provide pro bono legal services to those in our community who truly need these services.

Dec 2012/ Jan 2013 Issue.........Copy must be receieved by noon, October 15th, 2012

February 2013 Issue...............Copy must be receieved by noon, November 15th, 2012

March 2013 Issue...........Copy must be receieved by noon, October 15th, 2012

– Copy and ads received after the deadline will run in the next issue –

Pa r a c l e t e A r t i c l e & A d S u b m i s s i o n D e a d l i n e s

1. By the time this article was submitted at the time publication in the Paraclete, the date and location this event had not been finalized.

2. There are four legal aid organizations serving the poor in the Tampa Bay Area. They include Bay Area Legal Services, Gulfcoast Legal Services, Legal Aid of Manasota, and Community Law Program.


What’s Up and Who’s New October 2012

ANNOUNCEMENTS

Carin M. Constantine has been named a Member of the Military Affairs Standing Committee for the Florida Bar Association for the 2012-2014 term. Constantine earned her Juris Doctorate from George Mason University School of Law and is a sole practitioner who practices in St. Petersburg, Clearwater, Tampa, and New Port Richey.

Trenam Kemker is pleased to announce that thirty-three of their lawyers have been named by their peers to the 2013 edition of The Best Lawyers in America. Included in that group are seven members of the St. Pete Bar Association and their respective practice area(s): Gerald D. Davis: Commercial Litigation; Robert C. Decker: Real Estate Law; Charles M. Harris: Commercial Litigation, Litigation – Intellectual Property; Michael P. Horan: Bankruptcy/Creditor-Debtor Rights Law, Litigation – Bankruptcy; Bruce Marger: Trusts & Estates, Litigation – Trusts & Estates; R. Donald Mastry: Real Estate Law; and Marie Tomassi: Appellate Practice.

Trenam Kemker is pleased to announce that five attorneys have been elected shareholders of the firm. From the Tampa office: Jason H. Baruch, Carl Berry, Gregg Hutt, Eric Koenig, and from the St. Petersburg office: Amanda Taylor.

NEW AND REINSTATED MEMBERS

ESTRADA, JOSE L.111 2nd Ave. NE, STE 900,St. Petersburg, FL 33701Phone: 727-289-7152; Fax: 813-931-0478E-mail: [email protected]. from the University of Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1997. Mr. Estrada is a sole practitioner.

STUDENT MEMBERS

FUGATE, ALEXANDRA S.Phone: 941-400-8376E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.

GREENE, ELIZABETH CHANTELPhone: 859-358-8782

E-mail: [email protected] degree from the University of South Florida. Currently attending Stetson University College of Law.

KOVES, KIMBERLY ANNPhone: 703-587-4283E-mail: [email protected]. from James Madison University. Currently attending Stetson University College of Law.

PELTER, JOSEPH IIIPhone: 407-902-4039E-mail: [email protected]. from Florida State University. Currently attending Florida State University College of Law.

ASSOCIATE MEMBERS

CHERVEN, KENNETH200 Central Ave.St. Petersburg, FL 33701Phone: 727-242-4068E-mail: [email protected]. from the University of Tampa. Mr. Cherven is President – Pinellas County Division, of The Bank of Tampa.



CLEARWATER – Office space to share/lease. Receptionist, use of conference room, waiting room, copier, more. One, two, or three offices available. Newport Square, East Bay Drive. Larry Sandefer. 727-726-5297.

CLEARWATER/LARGO – Well-appointed office to share - between US 19 N and the 49th Street criminal court complex. Two offices (one w/half bath), two paralegal stations and both a conference and file/copy room for exclusive use. Shared access to a large meeting room, reception and kitchen areas. Approx. 1800sf in a professional environment. Includes utilities. Call 727 299-0449.

PINELLAS PARK – 5223 Park Blvd. Two renovated second floor offices with connecting door totaling 800 sq. ft., Includes shared: signage, parking lot, lobby, kitchen, restrooms, conference room and server/phone room, $750 plus shared electric. Call John Della Costa 727-631-5900.

LARGO - Law Office for Lease. Located in Largo at 1501B Belcher Rd. South, just north of Ulmerton, 1421 sq ft., recently redecorated with custom floor molding, new carpet and paint. includes 2 large offices, 2 smaller offices, 1 large conference room, receptionist station and waiting room. Building manager on site. $1400 monthly includes all expenses except phone and internet. Contact Glenn @ 727-524-8100.

ST. PETERSBURG – 4th Street and Gandy Blvd. Up to two offices available with or without shared reception, word processing, fax, copier, wireless internet, and/or use of larger conference rooms. Rates vary depending on needs $450 - $950. 727-623-9080.

ST. PETERSBURG – Senior Practitioner has office space for lease with amenities. Large offices less than 1 block from St. Petersburg Courthouse with assigned off street parking space. Common use of reception area, Florida library, closing and break rooms, utilities except telephone, included. Contact Joe Lang 727-894-0676 for more details.

ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One Block from courthouse/county building. Virtual offices from $250/month. “NEW” Art Deco construction. Receptionist in stunning atrium waiting area. Beautifully appointed conference rooms. Fax/copiers, state of the art telephone system, gorgeous kitchen/lounge, much more! Sarah Parker 727-502-0255.

ST. PETERSBURG – LOWER PRICE - DOWNTOWN BY COURTHOUSE – Office space for rent on first floor adjacent to the Courthouse; 525 – 1st Avenue North; Includes your business sign at street level; Completely renovated, Move in ready; Three offices plus waiting area; 700 square feet; Annual lease; $845 per month full service gross (includes utilities); Contact Fogarty & Finch Inc, Chris Finch, owner/licensed RE Broker 727-822-4343.

ST. PETERSBURG - Building for sale. $290,000 - 5500 Central Ave. St. Pete, 1500sqft. Complete remodel. 6 offices, waiting area, conference room, kitchenette, two bathrooms, two Central A/C units. New everything. Perfect turn-key for attorney. Can be split in two separate units. Possible owner financing of 200k. Jason 813-837-1111.

Classifieds

Office Space:


For Sale:

Wild, Wild West Bench & Bar-B-Que Annual CLE Conference

Presented by the St. Petersburg and Clearwater Bar Associations

November 2, 2012Stetson University College of Law

Sign Up Now! See the flyer insert.

ST. PETERSBURG BAR ASSOCIATIONSEPTEMBER MEMBERSHIP MEETING

September 7, 2012

Guest Speaker:Gwynne A. Young

President of The Florida Bar

Thank you to our sponsors!

Presenting Sponsor:

Fifth Third Bank

Co-Sponsor:

Documents

pro-bono heartfelt non-billable - c.ymcdn.coms Message: P lease join me in also welcoming this month of October an old friend, mentor and leader. Come to lunch October 19th with our