SARASOTA COUNTY BAR ASSOCIATION JANUARY 2017 VOL. 34, NO. 1

See LEGISLATURE, Page 17

MEETING NOTICE

12TH CIRCUIT NEWS

SCBA NEWS

FLORIDA LEGISLATURE 2017

Advancements in technology have resulted in many changes in how attorneys do business. These

changes are having profound impacts on the practice of law. Technology is now central to the delivery of legal services. Have you been able to keep

up with all the changes?

Attorney John M. Stew-art, chair of the Vision 2016 Technology Committee, will discuss changes in technology that affect the practice of law, the new

technology CLE requirements, and the history behind the need for the new CLE requirement. According to Stewart, “Technology will both challenge lawyers and law firms, and also allow them to reach clients they currently don’t serve.”

Stewart will be joining us from Vero Beach, where he is a partner with Rossway Swan Tierney Barry Lacey & Oliver.

The January 12 luncheon meeting will be held at Michael’s on East, beginning at noon. We gratefully acknowledge our corporate sponsor, Kerkering Barberio & Co.

Talking tech: Vision 2016

Judge Brewer investitureThe investi-ture for Judge Danielle Brewer will be held on Friday, January 20, starting at 3 p.m. at the DeSoto County Courthouse.

Lon Arend invested as Circuit Judge Dignitaries, family members and representatives of the legal community joined The Honorable Lon Arend at his investiture ceremony as a circuit court judge in the 12th Judicial Circuit on December 30, 2016. Left to right: Judge Erika Quartermaine, Judge Donna Padar Berlin, Senior Judge Lee Haworth, Chief Judge Charles Williams, Judge David Denkin, Judge Lon Arend, Judge Robert Farrance, Judge Charles Roberts, Judge Frederick Mercurio, Judge Danielle Brewer, Judge Hunter Carroll, Judge Susan Maulucci, Judge Charles Sniffen, Judge Mark Singer, Judge Douglas Henderson, and Judge James Parker

Local governments set legislative prioritiespleas to our delegation members to focus on state-initiated solutions to our region’s problems or just pleas to preserve local authority over the problems — the priority lists are a catalog of controversial topics that have repeatedly been the subject of our newspaper headlines.

Keeping in mind that cities and counties have authority to adopt local ordinances on subject matters as long as there are no conflicting general or special laws on the subject matter, a pivotal focus for most local government attorneys following each legislative session is whether local government regulatory authority has been impaired and whether subject matters have been wholly or partially preempted to the state. Each spring it seems that the local government Bar is called upon to evaluate the newly passed bills quickly and advise on

John M. Stewart

By MAGGIE D. MOONEY-PORTALE Chair, State & Local Government Section; Persson & Cohen, P.A.

As most of us were preparing for the holiday festivities, many local governments were in the

final stages of adopting legislative priority lists in anticipation of the 2017 legislative session. Each of our region’s local governments will present its priorities to the Sarasota County legislative delegation on January 18, and our local House and Senate delegation members will listen. Topics like homeless programs, sea level rise, transportation funding, short-term vacation rentals, ride-for-hire regulations, and Sunshine Law and public-records reform are just a few of the topics being advanced by our region’s local governments. Whether these priorities are really

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The Docket · January 2017 3

ever-growing sentiment across Flor-ida and the country that, if a judge’s ruling is contrary to your ideological position(s), the solution is to accuse the judge of being an “activist” and wage a campaign to oust him/her from the bench. In other words, if you don’t like the ruling, get a new judge. We have to be advocates for our judiciary and educate the public on the important role of a neutral, strong judiciary. Without neutral, politically independent courts, the individual rights of Floridians will be trampled.

While each branch has specific duties and functions delegated by the Constitution, the judi-

cial branch is unique because judges are expected to interpret the law and Constitution independent of politics and without the fear of public retri-bution. This is why in the 1970s, Florida implemented merit retention and made it illegal for judicial candi-dates to use any partisan affiliation during elections.

Daily, our constitutional rights are preserved and defended in our courts of law, but it goes mostly unnoticed. Americans are largely uninformed of the vital role played by the relatively small number of lawyers and judges to protect the rights and freedoms we all enjoy. This lack of awareness creates a

Living in the United States of America, we often take for granted what it means to live in

a truly functional democracy. Our Founding Fathers experienced life in a non-democratic society and were resolute that their new government would never evolve into a monar-chy, oligarchy or dictatorship. They realized the new government needed a third neutral branch, equal in standing with the other two, dedi-cated to neutrally interpreting the constitutional controversies between the branches of government and its citizens. For this third branch to function in a neutral manner, it had to be as far removed as possible from political winds and whims in order to make well-reasoned constitutional interpretations free from political bias.

The Constitution’s framers decided that federal judges should never be subject to running for elec-tion or grappling for votes. Our state court system does not have the same type of insulation for our judges. We have appointments by the governor, and open elections for circuit and county court judges, and merit reten-tion elections for appellate judges. Although Florida’s judicial elections are apolitical, the specter of having to run campaigns creates a seam for politics to enter into our judicial process. Even more insidious is the

SCBA NEWS

Booker Law Academy helps champion the judiciary

E. Keith DuBose, Esq. Matthews Eastmoore

SCBA PRESIDENT’S COLUMN

dysfunction in our union, because the most effective way to deprive people of their rights is to misinform them or keep them uninformed of these rights. It is up to all of us to provide our family members and neighbors with facts and informa-tion to help them understand the workings of their government. We must also impress upon them how essential it is to have three effective branches of government. We can’t stop there. It is imperative that we reach out to an even younger crowd. For years, our schools taught very little information about civics. This problem was addressed several years ago when the Legislature passed a law requiring all middle school students to be tested in civics. We can help in this area as well by providing assistance to our educa-tors. We can do our part to ensure that our students (future voters) have all the information they need about our three branches of government and specifically, the judiciary. How do we do that? Glad you asked. The Law Academy at Booker High School welcomes speakers interested in promoting civics and spreading the word about the importance of our judiciary. I encourage you to help champion the cause for our judiciary.

Thanks to John Howe, Esq., for his contributions to this article.

BAR LEADERSHIP

See BOARDS, Page 17

By W.E. “Chip” Gaylor Muirhead, Gaylor, Steves & Waskom, LLP

Nominations are being accepted now for the SCBA, the Young Lawyers Division (YLD), and the

South County Division (SCD) boards of directors for the 2017-2018 Bar Year.

The SCBA Nominating Commit-tee will be slating individuals for President-Elect, Secretary, Treasurer, and three at-large director positions. The YLD Nominating Committee will be slating individuals for Presi-

dent-Elect, Secretary, Treasurer, and two at-large director positions. The South County Division Nominat-ing Committee will be slating for President-elect, Secretary, Treasurer and two at-large director positions. Each officer and director is required to attend and actively participate in monthly board meetings, an annual long-range planning retreat, and other activities throughout the year, such as writing a Docket article.

Members are strongly encouraged to nominate themselves or other members for the open board of director positions. Historically, the

Nominating Committees generally slate existing board members for officer positions, but this is not an absolute requirement.

Individuals interested in serv-ing on any of these boards should complete the enclosed Leadership Development Form and return it by email to hlipps@jud12.flcourts.org or by faxing it to the SCBA office at 861-8184 by January 20. The committees will be meeting in early February. For further information, please contact the respective Nomi-nating Committee chairs: for the

Volunteers sought for SCBA, YLD and SCD boards

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The Docket · January 2017 5

By BRIAN GOODRICH, Esq. Bentley & Bruning, P.A.

Sarasota’s Asolo Repertory Theatre opens The Originalist, a gripping new play about the

late Justice Antonin Scalia, on Inauguration Day — January 20 — and running through March 7. I had the opportunity to interview acclaimed Washington, D.C.-based actor Edward Gero, who plays Scalia. Gero, who bears a striking resemblance to the late Justice, shares with me what it was like to meet the polarizing judicial titan, and the surprising similarities the two share.

Q: As an actor, I am sure playing a character is routine for you. But what is it like to portray a real, prominent, controversial person?

A: It’s a great deal of fun. I’ve actually played several real people over the last few years, including Richard Nixon, Mark Rothko, and now Scalia. But particularly, with characters like Scalia or Nixon who are in the political field, we know who they are, we have our own experiences with them. Because of that, there’s a challenge and also a great payoff. Audiences know these figures and bring their own experiences to the character and to the play. The challenge is to capture those recognizable physical and vocal traits with a lot of research, the same as it is with any other fictional character. The payoff is, once captured, audiences respond with recognition of the character and appreciation for the craft. They can see the work like a Swiss watch with exposed gears. Playing Scalia, however, is unique. I have played a lot of Shakespearean characters that audiences love to hate. This is the first time I have played a character that audiences hate to love. But by the end of the play, not so much.

Q: I understand you spent some time with the late Justice Scalia. That must have been fascinating. What did you learn from or about him?

A: Fascinating is an understatement. It was life-altering, and it was career-altering. I learned that I had better improve my writing in our correspondences, and I better

12TH JUDICIAL CIRCUIT NEWS

Brian Goodrich, Esq. Bentley & Bruning, P.A.

See ELECTION, Page 9

Actor who plays Scalia shared his love of languagedo my homework if I plan to have any kind of conversation with him. But that I knew — I didn’t want to meet him until I had done a lot of preparation. As for what I learned about him, I found him to be enormously gregarious, witty, curious, and an acute, sensitive listener.

Q: Did you find any similarities between Justice Scalia and yourself?

A: Many: Both Italian American, Roman Catholic, from New Jersey – but I lack the 45-pound brain. As I said to him, ‘The major difference between you and me is that your father was a professor of romance languages; my father was president of a UAW Local.’ We also discovered that our grandparents, his grandmother and my grandfather, grew up in villages in Italy about 5 kilometers apart. So we might share some DNA if we go back far enough. We also shared a love of language. I’ve worked with Shakespeare for 25 years, and I used my ideas about interpretation and text approach as a way to understand his approach to interpreting the Constitution. That was my sense going in, and he confirmed that to be an apt analogy.

Q: What is it like preparing for this production given the divisive political climate? 

A: The climate was divisive when we started because, at the time, the Obergefell case [Obergefell v. Hodges, 135 S. Ct. 2584 (2015)] was about to be argued — right as we’re doing the play about DOMA. In fact, I attended the Obergefell hearing and had lunch with the Justice afterwards in his Chambers. At the time, the play seemed to be a lecture to the Left — about if you’re purporting to be open-minded, then be open-minded. In today’s political climate, the stakes and the political temperature are higher. In

general, The Originalist is about civil discourse and our ability to talk to each other from different political perspectives without vilifying one another. I think it will resonate differently. People may feel nostalgic about Scalia and his commitment to reasoned argument, whereas two years ago, some vilified him. It might be a bit of a cautionary tale for the Right this time.

Q: The last time you played Justice Scalia at Arena Stage, he was still alive. Has his passing impacted the way you look at the play and the role?

A: Yes, yes it has. We forged a friendship, so his unexpected death was a shocking loss. I know this role is part of my legacy as an actor; my hope and desire is that this play and performance become a part of his legacy. I think, too, in the wake of his death, some of the lines in the play land differently; some lines now sound enormously prescient, and what were jokes two years ago have lost their comic flavor in the current political climate. The play has taken on a resonance and depth that we couldn’t have anticipated.

Edward Gero as Antonin Scalia in The Originalist (Photo by Tony Powell. Courtesy of Arena Stage)

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The Docket · January 2017 7

YOUNG LAWYERS DIVISION

HOLIDAY PART Y

I hope everyone was able to enjoy a wonderful holiday break, and enjoy some much deserved personal

time with family and friends. Studies continue to show that vacations not only decrease psychological stress, but also increase productivity in the workplace. A recent survey by the Florida Bar YLD showed that lack of recognition of work/life balance by employers is a primary complaint of young attorneys. As the Florida Bar continues its efforts to bring awareness related to quality of life, and encourages firms to recognize the benefits and necessity of a healthy work-life balance, we hope that our young attorneys are able to find some equilibrium. I know that after taking some time off, the YLD is ready to jump into 2017 with a renewed vigor!

I want to thank everyone who was able to attend this season’s holiday party at Blue Rooster, which took place on December 8. As always, it was a great event,

and we were able to collect many donations of books, blankets, shoes, and pajamas for Children First. We were also pleased to introduce a raffle, with prizes for both YLD members and non-YLD members who attended. Based on feedback, we intend to incorporate giveaways at future YLD events, such as our Second Thursday socials. You can’t win if you don’t show up! So, make sure to check those e-blasts from Hailey and mark your calendars for future YLD events — including this month’s social at Mandeville on January 12.

Look for the results of the YLD Salary Survey in next month’s Docket. The survey went out in

December, and the results are now being crunched. The salary survey is taken every three years, and provides great insight on salary, benefits, and work/life balance issues for young attorneys in our community. Make sure to sign up for the St. Patrick’s

A great year ahead for the Young Lawyers Division

Jesse R. Butler, Esq. Dickinson & Gibbons, P.A.

YLD PRESIDENT’S COLUMN

YLD members enjoy food and drinks at the YLD Holiday party at Blue Rooster.

YLD members pose for a picture with Judge Carroll.

Day Social in March. April is heating up to be a big month, with the return of the popular Quick Chat, as well as the now annual Spring Training Baseball Social.

Make sure to volunteer for some of the amazing educational projects that the YLD will be involved in this year. The YLD is looking for volunteers to assist with the Mock Trial high school competition, which is the subject of a separate article in this month’s Docket. We also will need many volunteers for Law Week in May, in which the YLD organizes attorneys to visit local fifth-grade classrooms to observe their own version of a mock trial, and to talk about lawyers, trials, and Judge Judy (they always ask about Judge Judy!).

We have a lot more on our agenda for the year, and there will be plenty of opportunities to network, socialize, participate in educational or service projects, or even to just get out and have fun with your fellow colleagues for some beach volleyball.

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2. Does the attorney have the ability to show you recent trial results?

3. Does the attorney have over 20 years of experience working for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance companies?

4. Is the attorney Board Certified in Civil Trial Law?

5. Is the attorney AV rated by Martindale Hubbell?

6. Does the attorney have the financial strength to take on significant injury cases?

7. Is the attorney located in the 12th judicial circuit?

8. Will the attorney pay you a referral fee in accordance with the rules regulating the Florida Bar on every case no matter how big or small?*

9. Is the attorney available to speak with you at any point during the referral to give you status updates as you request?

10. Is the attorney willing to take on challenging cases that other law firms or attorneys may not be willing to handle or would turn down due to the amount of work involved?

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The Docket · January 2017 9

G OLDEN ANNIVERSARYYOUNG LAWYERS DIVISION

From JAG officer to accomplished mediatorBy ROBERT YOUNG, Esq. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.

Daniel Allison Carlton may be the nicest litigator I have ever had the pleasure of meeting. Carlton has been litigating cases since he was admitted to The

Florida Bar 50 years ago. He says that it is important to avoid unnecessary posturing and gamesmanship in liti-gation, because it does not benefit your client and could

negatively affect the trust that the judge holds for both you and your client. Carlton’s philosophy has yielded great results. He has been board certified by The Florida Bar in civil litigation since 1983 and currently holds an AV rating on Martin-dale-Hubbell.

He began his legal career as a JAG officer from 1967 to 1971. He moved to Sarasota in 1971, when he joined the firm now known as Dick-

inson & Gibbons. He practiced insurance defense while at the firm. Carlton decided to see how the other half lived when he started his own firm in 1990 to represent plaintiffs in personal injury, wrongful death, and product liability cases.

More recently in his career, Carlton became involved in alternative dispute resolution. Beginning in the early 2000s, he was asked to mediate some cases and act as an arbitrator in others. Today, alternative dispute resolution constitutes a significant part of Carlton’s practice, as he is a qualified Florida arbitrator, a certified mediator on the county, circuit civil, and appellate levels, and an approved federal mediator for the U.S. District Court of the Middle District of Florida.

When asked about the changes he has seen in the practice of law over the past 50 years, Carlton pointed to the great advancements in technology. He stated that he is still astounded by the untold quantity of informa-tion readily available in one’s pocket. He believes that younger attorneys have a great deal of technogical infor-mation that is beneficial for older attorneys to learn. Of course, information flows both ways, and younger attor-neys can learn high-quality information about practicing from older attorneys. For his part, Carlton has a wealth of knowledge regarding litigation that he has learned and observed over five decades of being in the courtroom. And, as he says, since most litigators are basically frus-trated educators, he is more than happy to share some tips with other practitioners. According to Carlton, the

By SARA CASTRO, Esq. Farr, Farr, Emerich, Hackett, Carr & Holmes, P.A.

The 2017 12th Judicial Circuit Mock Trial Competition is rapidly approaching, and we are

ready to start training our young litigators. Last year, the Sarasota Bar Association Young Lawyers Division hosted the event for the first time. The event went smoothly, with great performances by all schools involved and great support from our legal community. The YLD will be hosting the mock trial again and needs your help to repeat last year’s success.

The event will be held at the Sarasota County Courthouse, where teams from local high schools will compete to represent the 12th Judi-

Daniel Allison Carlton

See CARLTON, Page 13

By CHRISTINA UNKEL, Esq. Maglio Christopher & Toale, PA

Applications for The Florida Bar Wm. Reece Smith Jr. Leadership Academy are available and must

be submitted for consideration by January 13 by 5:30 p.m. SO DO NOT WAIT!

As a fellow of the current Leadership Academy, I strongly recommend and encourage our SCBA members to submit applications for consideration as a fellow to the 2017-2018 Leadership Academy. Personally, I can state that the Academy is one of the most rewarding and enriching professional experiences I have been a part of. In addition to the incredible and expansive network you develop overnight, the Academy serves a fundamental purpose by putting back into perspective our calling as attorneys to be leaders not only in our legal community, but more importantly, in our greater community.

The Academy is open to ALL attorneys and its mission is to

Leadership Academy applications due by Jan. 13

“enhance the skills of a diverse and inclusive group of lawyers selected from across the state that will enable them to become effective leaders throughout the Bar, our profession and the greater community.”

Further information and applica-tions regarding the Leadership Acad-emy can be found at www.floridabar.org/leadershipacademy. There are scholarship opportunities for those in need. Please feel free to reach out to me if you have any questions about the Leadership Academy. I look forward to seeing another SCBA member become a fellow in the Florida Bar’s initiative to culti-vate and develop future Bar leaders. My contact information is cunkel@mctlawyers.com or (888) 952-5242.

Volunteers sought to help with mock trial event

cial Circuit at the statewide compe-tition in Orlando. The competition will take place on Saturday, March 4. If you can help a little or a lot, we have a role for you. We need volun-teers to assist with coaching students and other preparation leading up to the competition, and volunteers to help on the day of the competi-tion. Please contact the committee members, listed below, or the SCBA to let us know you’re interested.

Please mark your calendars to either volunteer or attend to watch this fun and rewarding event. For more information, please contact the committee co-chairs, Jamie Pasquali and Nick Chipurnoi, or any of the committee members, Sara Castro, Erik Arroyo, Kelly Rodenas and Alan Perez.

The Academy is one of the most rewarding and enriching professional experiences I have been a part of.

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The Docket · January 2017 11

SOUTH C OUNT Y DIVISION

SCD HOLIDAY PART Y

Resolve to act with civility, respect and humilityGreetings from South County and Happy New Year!

With each New Year we have the opportunity to reflect upon the past year and look forward to the

coming year.When you reflect and resolve, think about how you

could have treated a client or colleague differently or better in a difficult situation. Resolve to conduct yourself in all aspects of your personal — and especially your professional — life with civility, respect and humility. Lawyers often get a bad rap in society and bear the blame for many societal problems that are not our doing. By always acting in a civil, respectful and humble manner, maybe we can, at least locally, change or slightly move societal attitudes toward lawyers in a more positive direction.

For the upcoming year, I urge all of you to give. Give your time to a worthy cause. Be a mentor to a high school student. Volunteer to serve on the board of a local nonprofit. Be a Big Brother or Big Sister. Offer your time pro bono to assist a local nonprofit. Make a cash contri-bution to your favorite charity. Whatever it is, do some-thing good for your fellow man, woman or child, and try to make Sarasota County a better place.

We had a wonderful South County Holiday Party at the South County Courthouse/R.L. Anderson Building on December 9. It was a wonderful time of sharing, fellowship and thanksgiving, where South County attor-neys were able to spend some relaxed time with court staff and thank them for all of their assistance through-

Stephen K. Boone, Esq. Boone, Boone, Boone & Koda, P.A.

SOUTH COUNTY PRESIDENT’S COLUMN

out the year. Thanks to the generosity of many of our South County members, the event was free and offered excellent catered nibbles to munch on. In addition, we donated new, unwrapped stuffed animals to the North Port Police Department for distribution to children they encounter in stressful and difficult situations.

We welcome our new judges to the South County Division and remind everyone that all originating South County Circuit Civil cases must be filed in South County. We look forward to working with Judges Kimberly Bonner and Don Hall to make this a successful division.

We are pressing on with our efforts to construct a new court facility on the R.L. Anderson property. The present plan is to construct a single-story, four-courtroom courthouse that will be fully secured and connected to the Clerk, Public Defender and State’s Attorney in an adjacent building via a secured walkway. The plan would also involve the renovation of the existing R.L. Anderson building and the relocation of the Clerk’s office, State’s Attorney and Public Defender to space that is presently occupied by various Sarasota County offices. We believe this can all be accomplished under the county’s borrow-ing limit, so that no bond referendum will be required. We are hopeful that the project will get the green light early next year. Everyone’s continued support and encouragement with the County Commission is greatly appreciated.

Here is wishing to all a happy and prosperous New Year!

ABOVE: Judges Galen and Denkin looking merry at the South County Holiday Party.

RIGHT: Holiday Party Committee members Kerry Mack, Kathy Dean, Susan Hines and Catherine Gemma

LEFT: SCBA President Keith DuBose and South County President Steve Boone at the South County Holiday Party.

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Call Frank at 941-321-7763 to

schedule a conference.

Mediation, Arbitration and Private Trials

Social Security Disability & SSIHEARINGS/APPEALS

Jonathan E. Hausburg, Esq.

3202 N. Tamiami Trail • Sarasota, Fl 34234941-351-9111 · socialsecuritysarasota.com

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The Docket · January 2017 13

SECTION NEWS CLERK’S C ORNER

LABOR AND EMPLOYMENT LAWChair: Gail E. Farb, Williams Parker Harrison Dietz & Getzen

The business of workers’ compJoin the Labor and Employment Law Section on Tuesday, January 10, from noon to 1:30 p.m. at the Bijou Café for a lunch meeting. Attorney Brian Fischer will address a number of workers’ compensation topics that employers face, including employer requirements, premium disputes, PEO/temporary staffing/ASO/insur-ance policy issues, and stop work orders. 1.5 hours of CLE credit are pending approval by The Florida Bar.

BUSINESS LAWChair: Przemyslaw L. Dominko, Esq., Hutton & Dominko, PLLC

Business entity signing authorityThe Business Law Section will welcome Mark Hanewich, an attorney with Berlin, Patten, Ebling, PLLC, at its January section meeting. The presentation will examine the various business entities involved in Florida real estate transactions, including corporations, limited liability companies and partnerships, and will focus on who has the power to bind those business entities when it comes time to close on the transaction.

The presentation will be held on Tuesday, January 17, 5:30 p.m. at the Bijou Café. CLE has been applied for.

FAMILY LAWChair: Phil Schipani, Philip J. Schi-pani, P.A.

Vocational evaluations in family lawJoin the Family Law Section on January 24, when Nancy M. Drwal, M.Ed., CCM, CRC, CVE will discuss the purpose of vocational evaluations in family law cases, when they’re appropriate, how

they’re conducted, and what attor-neys can expect as the result of an evaluation. CLE has been applied for. The luncheon will be at noon at the Bijou Café, 1287 First Street.

ESTATE PLANNING & PROBATEChair: Babette B. Bach, Esq., Bach & Jacobs, P.A.

Trust administration issuesThe Estate Planning & Probate Section invites you to join us for a panel discussion on common prob-lems encountered by trust adminis-trators on Wednesday, January 25. Among the panelists are trust officers from Caldwell Trust Company, PNC Wealth Management, and Canandai-gua National Bank.

The meeting will be held at noon at Michael’s on East. We gratefully acknowledge our sponsor, Commu-nity Foundation of Sarasota.

ELDER LAWChair: Jeanne M. Bennett, Esq., O’Brien & Bennett, P.A.

The ABCs of public benefitsSupplemental Security Income (SSI) is one of the primary financial bene-fits available to elders and people with disabilities. SSI is a federal program and under federal rules, but Florida’s Medicaid program can have no rules stricter than the SSI rules. Join us on Tuesday, February 7, when attorney David Lillesand will provide an overview of SSI’s elder and disability eligibility rules, includ-ing financial requirements, SSI’s unusual income definitions and other program peculiarities.

The luncheon will be held at Michael’s on East from noon to 1:30 p.m. CLE credits have been approved.

Accessing electronic court records — then and nowIn evaluating the effectiveness and impact of a service,

many factors come into play. As I look back at the history of how this office has provided electronic access

to court records, I am happy to report that we were — and continue to be — at the forefront.

Where we began. For many years, the Sarasota County Clerk’s Office had offered electronic access to court records to the members of the Sara-sota County Bar Association, and to the public. In 2005, a moratorium on electronic access was enacted, and since then there have been expan-sions, provided by law, for access to various case types. With that said, this office expended great effort to protect confidential and sensitive records from viewing.

Many required manual review and redaction. In order to provide more timely access to records, this office chose to and continues to redact the majority of our records when received for filing, as opposed to when a request for viewing is made. This means that as documents are filed, we redact confidential

information on the front end. You may find jurisdictions that rely heavily on viewers requesting a specific record, followed by the review for redaction of the record prior to permitting access. This process is generally referred to as VOR, or View on Request.

Where we are now. On April 27, 2016, the Florida Supreme Court signed Administrative Order AOSC16-14, changing the status for providing access to records, remotely and electronically, from a limited pilot user group to a live system available to the general public and registered users. As a result, this office launched the ClerkNet 3.0 system to provide electronic access to court records in accordance with the Access Security Matrix prescribed by AOSC16-14.

As of December 2016, we have 4,148 registered users, with an average of 5,343 users logging in daily, which includes those who log in anonymously. An average of 28,673 cases are accessed per day, and in the past year, nearly half a million documents have been reviewed and redacted for public viewing.

This year’s legislative agenda for Florida Clerks includes adequate funding, requested for the duties of redaction. While case counts have declined in some instances, the work required to facilitate the timely availability of public records impacts labor costs. The redaction mandate is one major expense driver. This office remains committed to providing timely access to electronic records as new mandates are set by the Court.

CLERK’S CORNER

Karen E. Rushing Clerk of Court and County Comptroller

secret to litigation is to “be in the now.” He believes that the first time a litigation attorney does not feel nervous or anxious before going into a hearing, it is a signal that the attor-ney should consider going into trans-actional work. As far as I can tell, Carlton is certainly “in the now” and will continue to litigate for the foreseeable future.

CARLTONContinued from Page 9

Have you or a member of your firm achieved professional recognition? Have you hired a new attorney? Any other news of note? If so, we would like to hear about it. Email your “News of Note” items to scba@sarasotabar.com.

To advertise in the Docket, please see the rate card at the Bar’s web site, sarasotabar.com, or

call the office at 941-861-8180.

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reaches the movers and shakers in Sarasota’s legal community. Call today to

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The Docket is a publication of the Sarasota County Bar Association. All articles printed herein are the property of the Sarasota County Bar Association and may not be reprinted without permission.PUBLISHER: SCBA Executive Director Holly Lipps

CO-EDITORS: Brian D. Goodrich, Esq., Bentley & Bruning, P.A., and Robert L. Young, Esq., Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.DESIGN AND EDITORIAL CONSULTATION: Peter M. Gentile, petermichael associatesThe Docket encourages submissions of interest to SCBA members. Contact the SCBA office via e-mail (scba@sarasotabar.com) or phone (861-8180) for further information. The Docket is published 10 months a year. Deadline is the first Friday of the month preceding the month of publication.

The Docket · January 2017 15

BANKRUPTCY LAW

By MARK MARTELLA, Esq. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.

While the economy has improved over the last five years, many individuals

and families still struggle because of underemployment or the unwillingness or ineptitude of lenders to work with them to keep a home through a modification. As a result, many people face losing a home in foreclosure even though they may now have the ability to make the mortgage payments but cannot pay off the missed payments in a lump sum. However, if someone is facing a foreclosure sale and/or just dealing with an unreponsive lender, three tools are available in a Chapter 13 bankruptcy filing that can help in keeping the home, even if the mortgage lender has been unwilling to work with the homeowner. This article will address these three options.

First, let me state that one tool I am not going to discuss is the Automatic Stay provided under the Bankruptcy Code upon the filing of a bankruptcy petition. (See, 11 U.S.C. §362(a)). While the filing of the petition is a means of stopping a foreclosure sale, it is merely a temporary bandage if the debtor doesn’t have a real plan on what to do next. Without a plan of action, the lender can have the stay lifted in 30 to 45 days and the sale rescheduled. If a debtor wants to keep the home, the debtor must have a regular income and implement one of the tools below to save the home.

OPTION I: Repayment of Arrears over the Life of a Plan A debtor may keep the home in a Chapter 7 or in a Chapter 13, as long as they are current at the time of filing and can continue to make the payments. But what happens if the debtor has a large balance of missed payments? The unique option concerning a mortgage on a homestead property in a Chapter 13 case is that a debtor can also force the lender to accept any payments that are owed as of the date of filing of the petition in the bankruptcy plan by spreading those payments over 60 months. For example, if

a debtor owed $18,000 in back payments, the debtor can spread out the repayment of that $18,000 over 60 months at $300 a month (while also making the current payment of principal, interest, taxes and insurance), and the lender would have to accept those payments to bring the debtor’s account current. This is a useful tool to stop the foreclosure process for a debtor who may have fallen behind on payments for several months due to job loss or illness but now has the ability to earn the same income prior to the default and make the regular mortgage payments plus the amount to cure the arrears.

OPTION II: Mortgage StrippingAnother useful tool to save someone’s home in a Chapter 13 filing is the removal or “stripping off” a second or third mortgage. In order to eliminate a second or third mortgage and treat it as an unsecured debt to get lumped in with other unsecured creditors, a debtor has the burden of proof to establish that the value of the home is less than the balance owed on the first mortgage.

For example, let’s take a debtor who purchased a house for $300,000 and, at the time of the purchase had obtained a $225,000 first mortgage, and then later took out an equity loan of $50,000, so that the total debt was $275,000. Due to the downturn in the economy, the house at the time of filing of the bankruptcy petition is only worth $200,000 and the debtor still owes $220,000 on the first mortgage and $50,000 on the second, since it was an interest-only payment on the second mortgage. In this case, the debtor can file a file a motion to strip off the second mortgage, and have it treated like other unsecured creditors such as credit cards. As a result, when the debtor completes the plan payments and receives the discharge, the second mortgage is no longer a lien on the property. Quite often, being relieved of a second or third mortgage payment can make the home affordable again and allow the debtor to continue to live there.

The same theories can be used on a homeowner association lien to strip it off, if the balance of the

first mortgage exceeds the value of the home. This can be instrumental in getting approval on a short sale and/or to make payments affordable again.

Despite these first two tools, it is important to note that the court has no power or authority to reduce the balance owed on a FIRST MORTGAGE. These rules apply only to second or third mortgages. However, if these options don’t work for the debtor, that’s where the third tool comes into play.

OPTION III: Mortgage Modification MediationDuring the height of the crisis highlighted by “rocket dockets” in foreclosure courts, the bankruptcy judges and trustees for the Middle District of Florida, along with the bankruptcy Bar, came together to develop a better procedure for debt-ors to get a proper review of their financial situation and get a mean-ingful response from the lender. The judges realized that the automatic stay was not enough to help a debtor get reviewed, because the lender could simply move to get the stay lifted before the modification was fully reviewed. Unfortunately, in my experience in defending foreclosure actions, the left hand did not know what the right hand was doing (i.e. the lender’s foreclosure department vs. the work out department).

The solution that has been implemented in the Middle District of Florida is the Mortgage Modifi-cation Mediation program. Under this program, if a debtor files a bankruptcy plan where 31 percent of gross income is dedicated for the mortgage, taxes and insurance, and files a motion to use the modi-fication review system, then the automatic stay is continued for six months. This allows adequate time for a modification application to be reviewed.

Additionally, the court has set up a portal where all the documents are uploaded and all counsel, the court and the mediator can see whether the debtor has provided the requested documents. This avoids the lender’s excuses that it “lost” the documents or when a new person takes over the file and claims not to have any

Mark Martella, Esq. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.

Tools to save a home in a Chapter 13 bankruptcy

See BANKRUPTCY, Page 16

16 The Docket · January 2017

documents. Not everyone may qual-ify for a modification and there is no obligation that the lender has to provide a modification. However, in my experience, even when a client has previously been denied a modifi-cation during the foreclosure, if the modified payment falls within the 31 percent of the gross income, the client receives the modification. The only downside to this process is that if the modification is approved, the debtor must continue to make the mortgage payments in the plan and, because the trustee gets a 10 percent administration fee based upon the amount of the plan payments, there is basically a surcharge imposed for the modification during the life of the plan.

CONCLUSIONWhile the common thought is that people file for bankruptcy only if they have a lot of credit card debt or medical bills, these three tools show that bankruptcy provides options and protections for someone to keep a home, even if the person has no other debts. Congress enacted bank-ruptcy laws to give people a fresh start after an unanticipated financial or real life personal crisis. The three tools discussed above are specifically designed to help people get a fresh start with a mortgage and keep families in their homes, so they may continue to pursue the American Dream of home ownership.

n Williams Parker is pleased to announce that four of its attorneys have earned board recertification in their respective areas of practice. Peter T. Currin and William M. Seider obtained recertification in the area of Real Estate. John M. Hament and Kimberly Page Walker were recerti-fied in Labor and Employment law.

n Berlin Patten Ebling, PLLC is pleased to announce that Steven W. Ledbetter, Esq., a Real Estate and Estate Planning attorney, has joined Berlin Patten Ebling’s team of experi-enced lawyers to manage our Venice office. Ledbetter, now partner at Berlin Patten Ebling and the former owner of Steven W. Ledbetter, P.L., has extensive experience handling Residential and Commercial Real Estate, Wills, Trusts, Probate, and Business Succession Planning.

n Gurley Vitale, a Sarasota law firm specializing in construction law, is pleased to announce that founder and president David E. Gurley has been selected by Super Lawyers as a Top Florida Attorney. This marks the eighth consecutive year that Gurley has achieved this prestigious recogni-tion, having first received the honor in 2009.

n Williams Parker is pleased to announce the addition of three attor-neys, Nicole A. Behar, Ryan P. Portu-gal, and Daniel L. Tullidge.

n Plaintiff’s Personal Injury and Commercial Litigation attorney F. Scott Westheimer was recently recog-nized for 20 years of service with the Sarasota law firm of Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A. Westheimer is a managing partner for the firm, and earlier this year was elected by The Florida Bar Board of Governors to serve as one of only three board-elected representatives to its 2016-17 Executive Committee.

NEWS OF NOTE MEMBERSHIP REAL ESTATE LAW

EMPLOYMENT:The Edwards Law Firm, PL is seeking an associate with 1-3 years of experience in litigation and/or real estate.  Must be an active member of The Florida Bar. Submit resume, cover letter outlining legal experience, and writing sample in PDF to sedwards@edwards-lawfirm.com.

Welcome, new members!

The following represents each new member’s name, law school, date of admission to The Flor-ida Bar, and law firm association.

■ Richard F. Appleton: Duquesne University; 2016; PNC Wealth Management

■ Ted M. Berg: Boston University School of Law; Retired; Old Republic Title Company

■ Faith Z. Brown: Loyola University; 2005; Faith Z. Brown, P.A.

■ Marjorie Chalfant: Seattle University School of Law; 2004; The Nurse Attorney, P.A.

■ Allyson E. Cole: Florida Coastal School of Law; 2015; Allyson Cole, Attorney at Law, P.A.

■ Joan Crowley: Seton Hall Law School; Retired

■ Sharon Ecker: Nova Southeastern University; 1988; Sharon R. Ecker, Esq.

■ Nicolette Figueroa: University of Minnesota; Class of 2017

■ Robert Garcia: University of Florida; Class of 2019

■ Philistine Hamdan: Thomas M. Cooley Law School; 2016; The Offices of the Regional Counsel

■ Shannon G. Hankin: University of Georgia; 2004; Hankin & Hankin

■ Federico A. Mojica: Michigan State University; 2016; Attorney at Law

■ Daniel D. Nawara II: Stetson University; 2016; Office of the State Attorney

■ Susan Nilon: Thomas M. Cooley; Class of 2019

■ Ashley Ogedegbe: Washington University, Class of 2019

■ Ryan P. Portugal: University of Virginia; 2010; Williams, Parker, Harrison Dietz & Getzen

■ Christina Saba: 2016; Attorney at Law

■ Alexandra Salerno: Florida State University; Class of 2017

■ Mark A. Sessums: University of Florida; 1989; Sessums Law Group, P.A.

BANKRUPTCYContinued from Page 15

CLA SSIFIED ADS

Save the Date“Trending Toward Diversity

Through Economics”A public symposium featuring Andy Corty, Publisher of Florida Trend Magazine, and William J. Schifino Jr., President of The Florida Bar

• Monday, March 6• 11:30 a.m. to 2 p.m.• Michael’s on East• Reception, lunch & program• Panel discussion and Q & A to

follow programPresented by the SCBA Diversity

Committee and the Florida Associ-ation of Women Lawyers, Sarasota Chapter

The Docket · January 2017 17

FLORIDA LEGISLATURE 2017

Maybe local governments and their attorneys should and need to consider being more aggressive and less reactionary to the laws coming out of Tallahassee.

SCBA NEWS

what all these anticipated laws mean for the local government.

Many local government attorneys, myself included, wait until the dust has settled and the session is over before attempting to determine what exactly happened in Tallahassee. Each May, The Florida Bar’s City, County and Local Government Section hosts its annual conference and meeting, usually the week immediately after session, and the pièce de résistance of the entire conference is — The Legislative Update! The Legislative Update is a rapid-fire summary from the League of Cities and Association of Counties lobbyists on what bills passed, what bills failed and what bills are sitting on the governor’s desk. As attendees listening to the update, the local-government lawyers in the room always hope that there will be no really big surprises. But the reality is that each year there are always a few surprises reported on that no one saw coming — that “slipped” through and passed out of multiple legislative committees, out of both the House and Senate chambers, and that sit at the finish line on the governor’s desk just waiting for action (adoption by signature or veto) or inaction (adoption without the governor’s signature). How did that bill get through? Why wasn’t I aware of this bill sooner? What exactly does this legislation mean for my clients? I have walked out of those updates and uttered those questions more times than I care to admit. Consequently, I wonder whether local governments and local-government attorneys are too passive in their approach of waiting for the statewide legislation to be handed down.

Maybe local governments and their attorneys should and need to consider being more

aggressive and less reactionary to the laws coming out of Tallahassee. Maybe local governments should spend more dollars and time supplementing the efforts of their respective state-association lobbying groups, and advocate independently for their specific local government’s priorities and interests. Private industry employs lobbyists to achieve its objectives — maybe local

LEGISLATUREContinued from Page 1

governments should dial up their legislative representation as well? Or maybe — local governments cannot compete with the private lobbyist’s interest, and the right approach is for local-government attorneys to continue to await the annual Legislative Update recap, find out what bills passed and then just deal with whatever resulting laws come out of the Florida Legislature.

This year, the State and Local Government Section of the SCBA intends to present a program on state legislative lawmaking to discuss how local governments can effec-tively have their voices and interests heard in Tallahassee, and the role of the local-government attorney in this process. The State and Local Government Section continues to believe that this is an important topic and intends to invite lobbyists (both association and private sector), current and former legislators, private-sector business owners and local-government officials to provide insight into state lawmaking and the most effective ways for local govern-ment to monitor and advance inter-ests before the Legislature. While the State and Local Government Section of the SCBA previously scheduled a program on these topics this past fall, we had to cancel the program due to conflicting local govern-ment events occurring on the same date. We hope that a better timed program will enable more attorneys and elected officials to participate. Additionally, members of the State and Local Government Section have been approached to collaborate with other Local Government sections in neighboring counties to plan a multi-county, local government program, and we are working on this as well. State and Local Government Section members who are interested in work-ing on the 2017 legislative program or who would like to suggest specific topics for the program, may contact me at mmooney@swflgovlaw.com.

BOARDSContinued from Page 3SCBA, W.E. “Chip” Gaylor at chip.gaylor@mgswlaw.com; for the YLD, Erin Christy at echristy@william-sparker.com; and for the SCD, Dan Policastro at dan@danpolicastrolaw.com.

New CDs added to CLE Lending Library

Added to the SCBA’s Lending Library is the Annual Ethics Update 2016 CD. Certified for

5.0 CLE ethics credits, the course includes topics such as personal and professional pitfalls, what Florida lawyers need to know about UPL with non-lawyers, the power of professionalism, and ethics e-discovery.

Two other CDs have also been added — Florida Law Update 2016 and Hot Topics in Evidence 2016. Florida Law Update 2016 is certified for 7.0 credit hours, and provides updates in the following practice areas: Bankruptcy, Family, Employment, Estate Planning and Probate/Elder Law, Real Estate and Criminal Law. Board Certification credits have also been approved for this course. Hot Topics in Evidence 2016 is certified for 7.5 credit hours, including 1.5 Ethics, and includes such topics as Obtaining and Using Evidence from Social Media and Other Online Sources. It concludes with Recent Developments in Florida Evidence Code.

The CLE Lending Library is a membership benefit. Check out course listings at www.sarasotabar.com, “For Members.” To check out a CD, email staff at scba@sarasotabar.com.

Are you missing Bar events?The Bar is sending notices

of all its functions and important events via email. Please be sure to read the SCBA Weekly News & Events email that is sent out every Wednesday. You can also print the event flyers directly from The Docket (following page 18), or under the Events tab on the SCBA website at www.sarasotabar.com.

Sarasota County Bar Association General Membership Meeting

We gratefully acknowledge the support of our sponsor:

General Membership Luncheon Thursday, January 12, 2017

$30.00 p/person

Name: Check No: ____________________

Email: ________________________________ Check Amt: ___________________

Please indicate if you require a vegetarian meal _____

If paying by credit card, please go to our secure website to register: www.sarasotabar.com

Deadline for reservations is Friday, January 6, 2017 Mail with payment to: SCBA, PO Box 507, Sarasota FL 34230

“No Shows” and reservations canceled within 48 hours of event will be invoiced.

____ Please check here is you have a disability that may require special attention or services. To ensure availability of appropriate ac-commodations, attach a general description of your needs. We will contact you for further coordination.

Advancements in technology have resulted in many changes in how attor-neys do business. These changes are having profound impacts on the

practice of law. Technology is not central to the delivery of legal services. Have you been able to keep up with all the changes?

Attorney John M. Stewart, Chair of the Vision 2016 Technology Commit-tee, will discuss changes in technology that will affect the practice of law, the new technology CLE requirements and some of the history behind the

need for the new CLE requirement.

Thursday, January 12, 2017 12 noon to 1:00 p.m.

Michael’s on East

John M. Stewart, Esq. Chair of the Vision 2016 Technology Committee CLE has been applied for.

PHOTOGRAPHS TO BE TAKEN!

2017-2018 12th Judicial Circuit Bar Associations

Membership Directory and Resource Guide It’s time to update your photograph for the 2017-2018

12th Judicial Circuit Bar Associations Membership Directory and Resource Guide

Make an appointment by calling the SCBA Office at 861-8180

When:

Wednesday, January 18 8:30 am-12:00 pm; 1:00 pm-5:00 pm

Where:

Judge Lynn N. Silvertooth Judicial Center 2002 Ringling Blvd.

Media Room (1st floor)

Fee:

$30.00 (checks made payable to SCBA)

Please refrain from prints and white shirts

If you already have a current photograph, email it to us at scba@sarasotabar.com and we will replace

your existing photo.

THE SARASOTA COUNTY BAR ASSOCIATION

DIVERSITY COMMITTEE & THE BOOKER HIGH SCHOOL

LAW ACADEMY PROUDLY PRESENT

DREAM BIG: Civil Rights and Social Justice

An evening of reflection on past struggles and celebration of the triumphs we have made in eliminating racial barriers and nurturing social justice.

SPECIAL GUEST SPEAKER

DEAN BRUCE JACOB STETSON LAW PROFESSOR & DEAN EMERITUS

Mock appellate hearing by the BHS Law Academy students

Interpretive dance starring BHS VPA Dance students Reading of the winning essay in the

2017 countywide MLK Essay Contest

Sunday, January 15, 2017 @ 6pm – 7:30pm

Booker High School Theatre 3201 N. Orange Avenue Sarasota

Open to the public

FREE OF CHARGE

SARASOTA COUNTY BAR ASSOCIATION Nomination Form for 2017-2018 Officers & Board of Directors

The Nominating Committee is soliciting your recommendations for their consideration. Please complete the Nomination Form and return by email to Holly Lipps no later than January 20, 2017. I would like to nominate: ______ Self ______ Colleague Name: _______________________________________________________________________________ Firm: ________________________________________________________________________________ Email: _______________________________________ Phone: _________________________________ For which Board: ______ SCBA _______ Young Lawyers Division ______ South County Division For what position: ____ Director-at-Large ____ Treasurer ____ Secretary ____ President-Elect Number of years as a SCBA member: _______ Practice Area: __________________________________ Participation in SCBA activities:

Committee/Section Service: _______________________________________________________ ______________________________________________________________________________ Other SCBA leadership roles/projects: _______________________________________________

______________________________________________________________________________ Community and Civic Service: ____________________________________________________________ _____________________________________________________________________________________ What do you feel you can contribute to the SCBA, YLD, or SCD as a Board Member?

I understand that, if elected, I am expected to make a good faith effort to attend monthly board meetings and one strategic planning meeting. I also understand that this is a working body and that I will be expected to accept and fulfill designated responsibilities, including attending a majority of SCBA functions. Nomination Form submitted by: ________________________________ Date: _____________________

Return to Holly Lipps no later than January 20, 2017

Fax: 941-861-8184 or Email: hlipps@jud12.flcourts.org

“The Business of Workers’ Compensation —It’s More Than Just Claims”

Tuesday, January 10, 2017

12:00 noon to 1:30 p.m.

Bijou Café

Presented by:

Brian S. Fischer, Esq. Brian S. Fischer, P.L.

Key Points: Employer Requirements

WC Premium Disputes

PEO/Temporary Staffing/ASO/Insurance Policy

Stop Work Orders—FS 440.105 and 440.107

1.5 CLE hours are pending approval.

SCBA Labor & Employment Law Section

Tuesday, January 10, 2017

$28.00/person including lunch Name: Email: Check Amt: Check No:

Entrée Selections (Choose one)

Braised Short Rib Sandwich _____ Mushroom Grilled Cheese _____ Roast Chicken Caesar Salad _____

To pay by credit card, please visit www.sarasotabar.com

Deadline for reservations: Tuesday, January 3, 2017 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL 34230

“No Shows” and reservations canceled within 48 hours of event will be invoiced.

Please check here [__] if you have a disability that may require special attention or services. To ensure availability of

appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

LABOR AND EMPLOYMENT LAW SECTION

“Business Entity Signing Authority” Tuesday, January 17, 2017

5:30 P.M.—6:30 P.M.

Bijou Café 1287 1st Street

Business Law Section Tuesday, January 17, 2017

Bijou Cafe $30.00 p/person

Name: ______________________________________ Check No: _________________

Email: ______________________________________ Check Amt: ________________

Entrée Selection

____ Roast half Chicken ____ Shrimp Caesar Salad ____ Capellini Pasta

To pay by credit card, visit www.sarasotabar.com

Deadline for reservations: Thursday, November 10, 2016 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL, 34230

“No Shows” and reservations canceled within 48 hours of event will be invoiced. ____Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

This Meeting will examine the various business entities that can be involved in Florida real estate transactions, including corporations, limited liability

companies and partnerships, and will focus on who has the power to bind those business entities when it comes time to close on the transaction.

Presented By:

Mark C. Hanewich, Esq.

Berlin Patten Ebling, PLLC

CLE has been applied for.

BUSINESS LAW SECTION

“Vocational Evaluations in Family Law”

TUESDAY, JANUARY 24, 2017 12 NOON TO 1:00 P.M.

BIJOU CAFE

Family Law Section Meeting Tuesday, January 24, 2017

Bijou Cafe $27.00 p/person

Name: ______________________________________ Check No: _________________

Email: ______________________________________ Check Amt: ________________

ENTRÉE SELECTION

_____Organic Superfood Salad w/ chicken _____ Braised Short Rib Sandwich _____ Mushroom Grilled Cheese

To pay by credit card, visit www.sarasotabar.com

Deadline for reservations: Tuesday, January 17, 2017 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL, 34230

“No Shows” and reservations canceled within 48 hours of event will be invoiced.

____Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

This seminar will cover the qualifications to look for in a vocational evaluator and what the evaluator does. Ms. Drwal will speak about the purpose of the vocational evaluation including

evaluating the party’s training, researching available jobs, and evaluating appropriate salary expectations for the party given those parameters. She will also speak about the information

an evaluator needs in making his or her assessment and what the final report includes.

Presenter:

NANCY M. DRWAL, M.ED., CRC, CVE, CCM

CLE has been applied for.

Estate Planning and Probate Section Presents

“Common Problems Encountered by Trust Administrators” Wednesday, January 25, 2017

12 noon-1:00 p.m. Michael’s on East

Estate Planning & Probate Section Luncheon Wednesday, January 25, 2017

Michael’s on East ~ $30.00 per person

Please indicate if you require a vegetarian meal _____

Name: Check No.

Email: Amt. Of Check:

To pay by credit card, please visit www.sarasotabar.com

Deadline for reservations: Wednesday, January 18, 2017

Mail with payment to SCBA, P.O. Box 507, Sarasota FL 34230

“No Shows” and reservations canceled within 48 hours of event will be invoiced ____Please check here if you have a disability that may require special attention or services. To ensure availability of

Topics will include: Grantor’s statement of interest: What is the the philosophy? HEMS standards: What is the intent? Trustee breaches Trustees understanding of their role How to avoid misunderstandings

CLE applied for.

Presented By Christine McGrath, PNC Wealth Management

Sandra Pepper, Caldwell Trust Company Suzanne Ellin, Canadaigua National Trust Company of Florida

We gratefully acknowledge the support of our sponsor:

“The ABC’s of Public Benefits”

Tuesday, February 7, 2017

12 noon to 1:30 p.m.

Michael’s on East

Elder Law Section Tuesday, February 7, 2017 $30.00 for SCBA Members $40.00 for Non-Members

Name: _________________________________ Email: ______________________________________

Check Amount: _______________________ Check No: _________________________________

Please indicate if you require a vegetarian selection _______

If paying by credit card, please go to our secure website to register: www.sarasotabar.com

Deadline for reservations is Tuesday, January 31, 2016 Mail with payment to: SCBA, PO Box 507, Sarasota FL 34230

“No Shows” and reservations canceled within 48 hours of event will be invoiced.

____Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

David Lillesand, Esq. Lillesand & Associates, P.A.

Supplemental Security Income (SSI) is one of the primary financial benefits available to elders and persons with disabilities. SSI is a federal program and run under federal rules, but Flori-

da’s Medicaid program can have no rules stricter than the SSI rules. This seminar will provide an overview of SSI's elder and disability eligibility rules, financial requirements, unusual

Income definitions and other program peculiarities.

Presented By:

CLE has been applied for

Overview

The Elder Law Section

Presents

7th Annual Sporting Clays Event

Hosted by the South County Division

Registration includes: BBQ lunch, shotgun rental, 50 clay targets, (2) boxes of ammunition (25 shells each of 12 or 20 gauge), safety orientation Who can attend:

Spouses and guests are welcome. The more the merrier!

What you should bring:

1. If you have a shotgun that you feel comfortable shooting please feel free to bring it (no assault shotguns or pistol grips please).

2. Eye protection (sun glasses will work), ear protection (disposable ear plugs will be provided).

All shooters are required to have eye and ear protection while on the range.

3. If you have your own ammunition feel free to bring it, but only target ammo, 2 3/4" rounds with lead shot sizes to 9 are permissible.

4. After sporting clays, if you would like to continue shooting you will be able to purchase more clay targets from the Club for $6.00 per round of 25 for trap, skeet and 5 stand fields.

For additional information, please contact event Chair Skip Berg at (941) 493-0871 or skip@bergandkessler.com

SPACE IS LIMITED TO 96 SHOOTERS, SO REGISTER TODAY!

_______ Lunch only $10.00 _______ Lunch and sporting clays $55.00

Primary Contact Name:__________________________________ Phone: ______________________________

First Shooter Name:______________________________________ Email:_______________________________

Second Shooter Name:_____________________________________ Email:_______________________________

Third Shooter Name:_____________________________________ Email:_______________________________

Fourth Shooter Name:_____________________________________ Email:_______________________________

□ If you are a beginner and would like to shoot with an instructor, please check the box.

To pay by credit card, please visit sarasotabar.com or call the SCBA office at 941-861-8180

Please make checks payable to the SCBA and mail to: P.O. Box 507, Sarasota, FL, 34230

Sarasota Gun Club 3445 Rustic Road, Nokomis

SPONSORED BY:

Friday, March 3, 2017 *Rain date Friday, March 17, 2017

Lunch and registration at 11:30 a.m. Instruction and shooting starts at 1:00 p.m.