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Mathis Report: Ally Financial taking former Web.com space PAGE 3
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VYSTAR MAKEOVER Record & Observer JACKSONVILLE
Credit union spending millions to redevelop Downtown buildings.
Insurance steps to take after the storm
Be prepared to explain any special needs that require you to receive priority.
JACKSONVILLE
Record & Observer FROM STAFF
When a major storm passes, companies and people start to file insurance claims to cover damage to businesses, homes and autos. Whether reporting over the phone or through a mobile device, the Insurance Information Institute, based in New York, suggests these steps.
JACKSONVILLE
Record & Observer BY KAREN BRUNE MATHIS EDITOR
V
yStar Credit Union, which has been demolishing the interior of the 100 W. Bay St. building it bought next to its 23-story Downtown tower, is taking a few more steps toward redevelopment. The Jacksonville-based financial services organization seeks a permit for a $15.3 million project to make interior renovations and exterior improvements to the 10-story West Bay Street building.
VyStar Credit Union bought the SunTrust Tower at 76 S. Laura St. and a parking garage in July 2018 for $59 million and the adjacent former Life of the South Building on West Bay Street in February for $5 million. At the tower, it seeks a permit to renovate a former first-floor bank office into a VyStar branch at a cost of $1.5 million. The branch will move from the Ed Ball Building at 214 N. Hogan St. to almost 4,000 square feet at the SEE VYSTAR, PAGE 9
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VyStar Credit Union bought the SunTrust Tower at 76 S. Laura St. in 2018. It put its sign on the building two months ago.
Fidelity spinoff Cannae changes its management structure PAGE 4 Real estate: The top 10 home sales of the week PAGE 11 Marbut Report: Pickart says city, state ‘ahead of the curve’ PAGE 13
Contact your insurance agent/carrier as soon as possible to begin the claims process. Provide your insurance agent or insurance carrier with your policy number and the best phone number and email address where you can be reached. After a major storm, insurers visit those with the most severe damage first. Be prepared to provide an accurate description of the extent of the property damage. Explain any special needs of your family, particularly if personal circumstances require that you receive priority. Ask your insurer when you can expect to be contacted by an insurance adjuster, so you are ready for the visit. Since adjusters may be in areas in which cellphone towers are damaged, it is important to have the phone number of the adjuster’s supervisor, so you have an additional contact. If you have a flood insurance claim, contact the agent or broker who sold you the flood policy to start the claims-filing process. SEE STEPS, PAGE 9
THE BAR BULLETIN
The JBA offers pathway to state involvement Plus: Golf tournament boosts reading. PAGE 14 VOLUME 2, NO. 14 • ONE SECTION
WHAT’S TRENDING
Page 2 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
Big news doesn’t break just on Thursday. Here’s a look at some of the top stories published over the past week online at JaxDailyRecord.com and in the Jacksonville Daily Record that you may have missed.
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HURRICANE DORIAN
Northeast Florida prepares for the storm As Hurricane Dorian made its way toward Florida last week, into early this week, businesses and city government braced for the storm’s impact. School, football games and events for Labor Day weekend, even through Wednesday, were canceled throughout Northeast Florida. The Florida State vs. Boise State football game, planned at TIAA Bank Field on Saturday, was instead played in Tallahassee. Courthouses in Clay, Duval and St. Johns counties closed.
With Hurricane Irma’s impact just two years ago, the idea of what could happen allowed for better preparation across the city, said Katie Mitura, vice president of marketing and communications at Visit Jacksonville. Visit Jacksonville, affected by the loss of tourism on Labor Day weekend, was more concerned with the safety of tourists. It suspended its marketing efforts through the storm until it is safe to promote the city to outsiders again.
THE DAILY BRIEF There’s a shortcut to staying in the loop Don’t miss a story. Subscribe to the Daily Brief and we’ll send our top news to you Monday-Friday morning via email. To sign up, visit JaxDailyRecord.com and look for the “Sign up” box, enter your email and you’ll be set.
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Thursday, September 5, 2019 • Page 3
Ally Financial taking former Web.com space Sysco in North Jacksonville: Sysco International Food Group Inc. applied to the city to install pallet rack storage in its 3100 Hilton St. facility at a cost of $1.3 million. Forman Industries Inc. is the contractor. Sysco International Food Group Inc. is expanding the roughly 200,000-square-foot distribution center. The city issued a permit in May for Stellar Group Inc. to expand the cooler, freezer, dry warehouse and cold dock space by almost 115,000 square feet at a cost of $11 million.
KAREN BRUNE MATHIS EDITOR
Financial services firm will move 234 workers within Flagler Center.
Pattillo Industrial Real Estate is building a speculative warehouse at Westlake TradeCenter.
Jacksonville-based Web. com’s move to the Town Center Two building opened up its previous suburban space in Flagler Center for consolidation of one of Jacksonville’s large employers. Ally Financial Inc., with 862 employees in Jacksonville, will move 234 of them into the former Web.com space by February. Interior work is being done in preparation. Detroit-based Ally’s Jacksonville employees service the company’s auto finance customers. Spokeswoman Andrea Puchalsky said the 234 employees will move into Web. com’s vacated 112,306 square feet of rentable space. There are no new jobs, she said. “Essentially we are moving into the space to bring all our employees together,” she said. Ally then will occupy two
buildings at Flagler Center, which is in South Jacksonville south of Old St. Augustine Road between Interstate 95 and Philips Highway. Ally will move the workers from about 68,150 square feet in the Flagler Center 300 building at 7159 Corklan Drive. They will move into part of the four-story Lakeside III building at 12808 Gran Bay Parkway W. That brings them next door to the Ally-leased five-story Lakeside IV at 12850 Gran Bay Parkway W. with almost 123,300 square feet of space. That’s where 628 employees work. After the move, Ally will occupy almost 236,000 square feet of space among two buildings. Ally is the rebranded GMAC, a name change that took place about a decade ago.
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Puchalsky said the Corklan space will be transferred to the landlord.
Westlake TradeCenter under construction
The city issued a permit last week for The Conlan Co. to build a 486,146-squarefoot speculative warehouse at Westlake TradeCenter at a cost of $15 million. The shell structure is under construction on 23.77 acres at 9950 Pritchard Road in Westlake TradeCenter, under development by Pattillo Industrial Real Estate. Conlan also built the $350,000 foundation for the cross-dock building. Tenant build-out would be permitted separately. Cross-docking is a logistics practice of unloading products
BMW in West Jacksonville: The city issued a permit for Schaefer Systems International to install pallet racking and a three-level mezzanine in a warehouse at 5560 Imeson Road at a job cost of $4.6 million. BMW of North America LLC will lease the $30 million, 445,000-square-foot Westside Industrial Park regional parts distribution center on almost 28 acres. The property owner is IM500 LLC, affiliated with Westside Industrial Park developer Pattillo Industrial Real Estate.
from an incoming truck and immediately reloading into outbound trucks or trailers. A cross-docking facility is seen as a sorting center that requires less storage space than a distribution center. At an industrial rate of $45 a square foot, the completed center represents an investment of almost $21.9 million. Pattillo affiliate Stone Mountain Industrial Park Inc., through Westlake Land LLC, bought 96.3 acres at Pritchard and Directors roads from Denver-based Prologis Inc. in 2016 for about $7.2 million and registered Westlake TradeCenter as a fictitious name with the state last year.
Peter Anderson, vice president of Pattillo Industrial Real Estate, said in January that Pattillo can develop up to 1.4 million square feet of space on the property. He said it would start with a 487,000-square-foot crossdock facility this year and that the building is designed for up to two tenants. Anderson said Friday no tenant has been signed. Pattillo also owns Westside Industrial Park and NorthPoint Industrial Park. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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INDUSTRIAL NOTES
Page 4 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE BASCH REPORT
Fidelity spinoff changes management structure
MARK BASCH CONTRIBUTING WRITER
Cannae Holdings will pay a firm controlled by Chairman Bill Foley to manage the business. Ever since investment company Cannae Holdings Inc. was spun off from title insurer Fidelity National Financial Inc. two years ago, executives of Jacksonville-based Fidelity have continued to run Cannae – even though it is headquartered in Las Vegas. Cannae last week announced a new external management structure that basically keeps its management tied to Fidelity, which may seem like a head-scratcher. It signed a management contract with Trasimene Capital Management, a firm controlled by Fidelity and Cannae Chairman Bill Foley that will include Cannae/Fidelity executives. However, analysts believe the new structure will benefit Cannae and its shareholders. Trasimene will receive fees from Cannae for managing its portfolio of investments,
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Cannae Chairman Bill Foley will continue to manage the company through Trasimene Capital. An analyst said the arrangement will save Cannae millions in taxes.
including incentive fees based on performance. “The externally managed structure unlocks many benefits for Cannae including increasing our competitive positioning relative to our peers, incentivizing our existing management team, enhancing our ability to recruit new managers as we grow the
company and work to deliver value to our shareholders, and improved tax efficiency for both Cannae and its managers,” Foley said in a news release. Although management remains basically the same, the two analysts who follow Cannae closely said in research notes that the external man-
agement structure makes sense. “We view Cannae’s move to an externally managed structure positively as it is a more common structure familiar to investors and similar to peer structures, while keeping Cannae management and investor incentives aligned,” Piper Jaffray analyst Jason Deleeuw said.
“While the external manager structure will likely be more costly for Cannae, there are significant tax efficiency benefits as prior management incentive compensation was not tax deductible whereas the new 1.5% management fee will be,” he said. Stephens analyst John Campbell estimated the exter-
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Jacksonville Daily Record/Jacksonville Record & Observer nal structure would have created about $18 million in tax benefits for Cannae last year. “This move should be seen as a natural next step for the company as it more closely aligns its structure with peers,” Campbell said. Both analysts said the fiveyear agreement is important because it signals Foley’s commitment to Cannae. Foley is well known for investing in other businesses while he built Fidelity into the dominant company in the title insurance industry. “We believe that this new structure helps lock in investor guru Bill Foley’s services/attention for another half decade,” Campbell said. Cannae’s portfolio includes stakes in several restaurant chains and human resources technology company Ceridian HCM Holding Inc., investments that originally were made by Fidelity. In February this year, Cannae led an investment group that bought business data firm Dun & Bradstreet for $6.9 billion. Cannae is headquartered in Las Vegas because Foley relocated there from Jacksonville when he became the owner of a National Hockey League expansion team, the Las Vegas Golden Knights, in 2016.
Shoe Carnival earnings up Shoe Carnival Inc., the footwear chain controlled by former Jacksonville Jaguars owner Wayne Weaver, reported higher earnings last week for the second quarter ended Aug. 3. Earnings of 80 cents a share were 4 cents higher than the second quarter of fiscal 2018.
Thursday, September 5, 2019 • Page 5
Trailer Bridge expanding reach
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Shoe Carnival total sales fell 0.1 % in the second quarter but sales at stores open for more than one year rose 1.4%.
The results matched the consensus forecast of analysts, according to Zacks Investment Research. Total sales fell 0.1% to $268.2 million in the quarter but comparable-store sales (sales at stores open for more than one year) rose 1.4%. Comparable-store sales are considered the most important sales metric for retail companies. Shoe Carnival, which operates 393 stores in 35 states and Puerto Rico, expects to open one store and close six this year, after opening three and closing 14 last year. CEO Cliff Sifford said in a news release Shoe Carnival is seeing strong back-to-school sales, with comparable-store sales up 3.5% through the first three weeks of August. Shoe Carnival is projecting earnings of $2.77 to $2.83 for the full fiscal year, up from $2.45 in fiscal 2018, with comparablestore sales rising by a low singledigit percentage.
Weaver is chairman of Shoe Carnival and his family is the largest shareholder, controlling about 34% of the stock.
Patriot selling Tampa terminal Patriot Transportation Holding Inc. said in a Securities and Exchange Commission filing last week it agreed to sell 25 acres of land in South Tampa for $10.5 million to an undisclosed buyer. The Jacksonville-based trucking company has been using the site as an operating terminal. Upon closing the sale, Patriot expects to relocate its Tampa operations to another terminal in the market. Patriot said it does not expect to close the sale during the current fiscal year, which ends Sept. 30. The company reported revenue of $82.6 million and earnings of $1.6 million in the first nine months of the fiscal year.
Jacksonville-based marine freight and logistics company Trailer Bridge is expanding its operations, announcing last week it opened new brokerage offices in Los Angeles; Raleigh, North Carolina; and Fayetteville, Arkansas. The company said it now has 15 North American offices. Trailer Bridge was an independent public company before a Chapter 11 bankruptcy filing in 2011. It emerged from bankruptcy in 2012 by issuing stock to creditors, with publicly traded Seacor Holdings Inc. getting 47% of the stock. After a recapitalization in 2016, Fort Lauderdale-based Seacor now has a 55% noncontrolling interest in Trailer Bridge.
American Outdoor completes shutdown in Jacksonville As it reported earnings for its first quarter ended July 31, American Outdoor Brands Corp. said one of the “milestones” of the quarter was completing the shutdown of its Jacksonville facility. The company said last year it would close the 100,625-squarefoot facility at 7720 Philips Highway and filed a Worker Adjustment and Retraining Notification in January saying the closure would impact 45 employees and 22 temporary workers employed by a thirdparty company. American Outdoor, formerly known as Smith & Wesson, moved into the facility after buying Jacksonville-based Ultimate
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Survival Technologies for $32.3 million in 2016. The deal was part of the company’s plan to expand beyond its iconic firearms brand. However, the company closed the Jacksonville facility as it consolidates its outdoor products operations into a new facility in Missouri. American Outdoor last week reported adjusted earnings of 3 cents a share for the quarter, down from 21 cents the previous year, with sales dropping 10.9% to $123.7 million.
Medtronic names new CEO Medtronic PLC last week said CEO Omar Ishrak will retire at the end of the fiscal year April 26. He will be succeeded by Geoff Martha, executive vice president of Medtronic’s restorative therapies group who joined the company in 2011. Ishrak joined Martha Medtronic as CEO in 2011. The company said he will reach its mandatory executive officer retirement age of 65 next year. Ishrak will stay with the company as executive chairman of the board. The medical device company, headquartered in Dublin, Ireland, has a Jacksonville-based division that makes surgical instruments for ear, nose and throat doctors. MBASCH@ JAXDAILYRECORD.COM
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Page 6 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
UPS continues its Westside expansion The first phase of the hub expansion project is expected to be completed in the third quarter of 2020. BY KAREN BRUNE MATHIS EDITOR
Atlanta-based United Parcel Service Inc. continues with the $196 million expansion of its Westside package-delivery hub, applying for a $6 million permit to add exterior doors and make interior improvements. Kajima Building & Design Group Inc. is the contractor for the project at the 908,067-square-foot building at 4420 Imeson Road in West Jacksonville. In November 2016, UPS said the Imeson Road facility would be expanded and retrofitted by fall 2019 with advanced technology and operations automation. UPS Media Relations Manager Kim Krebs said last week the Jacksonville hub expansion is part of the company’s multiyear capital investment program “to renovate facilities with higher levels of automation, acquire new aircraft and ground fleet vehicles, and enhance information technology platforms.” She said the hub expansion project timeline shifted and the first phase is expected in the third quarter of 2020. UPS said previously the Jacksonville facility will include the company’s latest sorting and
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United Parcel Service Inc. is working on a $196 million expansion of the Westside package-delivery hub at 4420 Imeson Road in West Jacksonville.
processing technology with advanced automation. The UPS center was developed in 1989 and it is almost doubling its size. Incentives legislation approved by the city in November 2016 specified that the expansion would include $150 million in equipment, furniture and fix-
tures. The incentives call for $43 million of city funding through a Recapture Enhanced Value grant that would provide a refund of 50 percent over five years of the increase in real and personal property taxes generated at the site from the expansion. UPS told the city that more than
1,650 full- and part-time UPS employees work at the hub and its four adjacent package centers. As that hub is being expanded, UPS retrofitted a 400,000-square-foot warehouse not far away in Westlake Industrial Park to handle additional package processing. UPS also landed permits in
August to create a distribution facility in Southside. Haskew Company & Associates is the contractor for the $2.7 million project to renovate 244,000 square feet and build a mezzanine foundation at 9431 Florida Mining Blvd. E. Known as Project Danville in City Council legislation adopted in January, the $50 million investment comprises $5 million for real estate improvements and $45 million for machinery, equipment, furniture and fixtures. UPS proposes to hire 87 employees at an average annual salary of $57,540 by year-end 2022 at the Florida Mining Boulevard site. The city and UPS signed the agreement Feb. 15 in which the city agreed to pay up to $52,200 as its part of a $261,000 Qualified Target Industry Tax Refund — $3,000 per job of which $600 is from the city. The state pays the rest. The 87-job proposal doesn’t mean UPS won’t hire more employees at lower wages. A St. Johns River Water Management District permit application calls for a parking expansion to 340 spaces and truck parking for UPS on the 18-acre site. That building formerly housed Ranbaxy Pharmaceuticals and is owned by Dubow/Shad Road Limited Partnership. KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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Thursday, September 5, 2019 • Page 7
SEPT. 12 Jim Knight at FSCJ Speaker Series: Jim Knight, the author of “Culture That Rocks!” and a former executive with Hard Rock International, will talk about “how to amp up or revolutionize a company’s culture” at the Florida State College at Jacksonville Speaker Series. The event is free. It is scheduled 9-10:30 a.m. Sept. 12 at the FSCJ Nathan H. Wilson Center for the Arts at 11901 Beach Blvd. Breakfast will be served at 8:30 a.m. Register at fscj.edu/business-speakers for the event. SEPT. 12 Pam Tebow at DLC Nurse & Learn: DLC Nurse & Learn will celebrate its 30th anniversary Sept. 12 at the Riverfront Cafe at 111 Riverside Ave. The dinner event will reflect on three decades “of miracles with the kids and families” served by the child care center for children with special needs from infants through age 5; VPK for 4-yearold children; and after-school programs for those up to age 22. Author and advocate Pam Tebow’s five children include sports figure Tim Tebow. Pam Tebow will speak. The event starts at 6:30 p.m. Tickets are $75. For information, call Heather Corey at (904) 3870370. SEPT. 27 Health care panel at JAX Chamber: The JAX Chamber Health Care Council will celebrate its 10th anniversary
OCT. 22 David Sanger at World Affairs Council: David Sanger, a three-time Pulitizer Prize winner and national security correspondent for The New York Times, is scheduled to talk about “The Threats to National Security in a 5G Era” on Oct. 22 to the World Affairs Council of Jacksonville. The 7-8:30 p.m. Global Issues Evening is at the Adam W. Herbert University Center at the University of North Florida. For information, visit worldaffairscounciljax.org.
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Pam Tebow with her, son, Heisman Trophy winner Tim. Pam Tebow will speak at the DLC Nurse & Learn Sept. 12 at the River Front Cafe.
with a panel about “The Future of Healthcare” at the Florida Blue Deerwood Campus Conference Center. Dr. Michael Erhard, Nemours Children’s Health System physician in chief; Dr. Kent Thielen, CEO of Mayo Clinic Florida; and JAXUSA Partnership President Aundra Wallace
will speak. The event is 11:30 a.m.-1:30 p.m. Tickets are $60 and must be paid in advance. For information, visit myjaxchamber.com. OCT. 9 Gary Norcross at JAXUSA: Fidelity National Information Services Inc. Chairman,
OCT. 28 Haley, Meacham and Rice at Florida Forum: The Women’s Board of Wolfson Children’s Hospital announced the next Florida Forum series will feature former United Nations Ambassador Nikki Haley, author Jon Meacham and Super Bowl champion Jerry Rice. The three will headline the 2019-20 Florida Forum Speaker Series, scheduled at the Times-Union Center for the Performing Arts. Haley will speak Oct. 28, Meacham is scheduled Jan. 22
Special to the Daily Record
Former U.N. Ambassador Nikki Haley will speak at the Floirda Forum Speaker Series on Oct. 28.
and Rice concludes the current series Feb. 25. Forum sponsors are Wells Fargo, Florida Blue and Landstar. For information, visit thefloridaforum.com or call (904) 202-2886. FEB. 5 Madeleine Albright at World Affairs Council: Former U.S. Secretary of State Madeleine Albright is scheduled to speak Feb. 5 to the World Affairs Council of Jacksonville at the Presidential Global Issues Evening about “Fascism: A Warning.” She will speak with World Affairs Council members at a reception at 5:30 p.m. at the University of North Florida Field House followed by her marquee presentation at 7 p.m. at the UNF Arena. More than 3,000 attendees are expected. For information, visit worldaffairscounciljax.org or call (904) 280-8162.
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BUSINESS CALENDAR
President and CEO Gary Norcross is scheduled to speak to the quarterly JAXUSA Partnership Luncheon on Oct. 9 at the Hyatt Regency Jacksonville Riverfront. Norcross will talk about the company’s acquisition of Worldpay, the growth of the regional fintech industry “and other upcoming announcements,” according to a JAX Chamber news release. Check-in starts at 11:30 a.m. followed by the program at noon. Tickets start at $50. For information, visit myjaxchamber.com.
To find more business events or to submit your event to the the business calendar, visit jaxdailyrecord.com/calendar.
COMMERCIAL REAL ESTATE
Page 8 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
Top commercial sales of the week BY SCOTT SAILER • STAFF WRITER
Here are the top 10 commercial real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Aug. 23-30.
File image
Pine Meadows Apartments at 3451 Saland Way in Jacksonville sold for $18.57 million.
DUVAL
DUVAL
DUVAL
DUVAL
ST. JOHNS
$18,570,000
$15,271,717
$13,803,282
$9,331,184
$2,015,000
3451 Saland Way, Jacksonville
3450 Townsend Blvd., Jacksonville
3501 Townsend Blvd., Jacksonville
2678 St. Johns Bluff Road S., Jacksonville
Brybar Drive, St. Augustine
Type: Pine Meadows Apartments Size: 14.8 acres Buyer: AT Owner 11 L.P. Seller: Pine Meadows Associates LTD.
Type: Townsend Apartments Size: 10.74 acres Buyer: Townsend Apartments West LLC Seller: HH Townsend LLC Previous sale: $12,750,000 in 2016
Type: Townsend Apartments Size: 11.74 acres Buyer: Townsend Apartments East LLC Seller: HH Eagles Pointe LLC Previous sale: $11,850,000 in 2017
Type: Ryan Oaks Apartments Size: 7.95 acres Buyer: AT Owner 12 L.P. Seller: Vestcor Fund XXVIII Ltd.
Type: 31 single-family lots in Creekside at Twin Creeks Phases 2B and 2C Size: Not available Buyer: LGI Homes Florida LLC Seller: Twin Creeks Ventures LLC
DUVAL
DUVAL
DUVAL
CLAY
ST. JOHNS
$1,875,000
$1,850,000
$1,836,000
$1,610,000
$1,250,000
5751 Beach Blvd., Jacksonville
6015 Argyle Forest Blvd., Jacksonville
5636 W. Fifth St., Jacksonville
10 St. Johns Medical Park Drive, St. Augustine
Type: Former Kmart shopping center Size: 7.19 acres Buyer: 188 Sundry Trail LLC Seller: Bessemer Improvement Co.
Seton Family Walk and Marians View Walk, Fleming Island
Type: LongHorn Steakhouse Size: 1.22 acres Buyer: Rare Hospitality Management LLC Seller: GEMI Partners Inc.
Type: Warehouse Size: 1.95 acres Buyer: West 5th Industrial LLC Seller: Ken Enterprises Previous sale: $1,550,000 in 2005
Type: 14 single-family lots in Fleming Island Estates North and South Size: Not available Buyer: Riverside Homes of North Florida Inc. Seller: Fleming Partners LLC
1 West Adams Street
Type: Medical offices Size: 1 acre Buyer: Next Level Periodontics LLC Seller: Robert R. Thousand Jr. Revocable Trust
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Jacksonville Daily Record/Jacksonville Record & Observer
VyStar CONTINUED FROM PAGE 1
VyStar Tower by early next year. Both buildings are under renovation. VyStar Chief Marketing and Planning Officer Judy Walz said the time frame for those projects to be completed is the first quarter. VyStar put its name on the tower in July. VyStar intends to move its headquarters operations and up to 1,000 people Downtown. It will move its headquarters functions from Blanding Boulevard in Southwest Jacksonville. As of August, VyStar moved 250 employees Downtown and another 250 will relocate by year-end,
Steps CONTINUED FROM PAGE 1
Document your loss. The insurance adjuster most likely will inspect the damage to your home or business facility, auto and possessions so the adjuster can write a check to help you replace, repair and rebuild. Take photos and/or video and document the details of damaged areas of your property and damaged items, including the date of purchase and approximate value, and collect receipts, if you have them. Many insurance companies will ask you to submit an inventory of the damaged items.
Thursday, September 5, 2019 • Page 9
according to a VyStar executive. Up to 350 employees will move into the former Life of the South Building starting in February. Upgrades and improvements include retail space on the first floor and rooftop. VyStar is creating a Downtown campus on the property, including in the alley between the buildings. VyStar President and CEO Brian Wolfburg said in June he expects to create indoor and exterior amenities for VyStar employees, including sculptures; shipping containers to house pop-up retail like farmers markets; and other features, including at the food truck court along Hogan Street.
VyStar Credit Union bought the former Life of the South Building in March and plans to make $15.3 million in renovations to the 10-story building. File image
KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
Check with your insurer before discarding damaged items and materials. You will generally need to show storm-damaged items to your adjuster to have your policy cover the loss. If you are required by your local municipality to discard them for safety reasons, take photographs or video to help with the claims process. Sign up for SMS/text alerts. Many insurance companies use SMS/text message alerts that will notify you of the status of your claim. You will receive text messages on your phone when you first report your claim, when your estimate is available and when a payment has been sent.
How hurricane deductibles work Hurricane coverage is a component of every homeowners’ and business owners’ policy in Northeast Florida. Hurricane deductibles exist in every Atlantic Coast and Gulf Coast state in the U.S. Unlike a typical homeowners’ policy deductible of $500 or $1,000, hurricane
Know what emergency services are available. If you need emergency servic-
deductibles usually are listed as a percentage of the property’s insured value, generally 1% to 5% of the total coverage. For example, on a home valued at $300,000, if the hurricane deductible is 2%, that will equate to a $6,000 deductible that is subtracted from the total claim payout made to the insured. Insurance Information Institute
es, such as removing water from your home or business, covering your roof, or boarding up win-
dows or doors, many companies will send an approved emergency services company to protect your home from further damage. If your home has sustained severe damage, making it unlivable, your homeowners’ insurer will provide you with a check for additional living expenses. Keep a claims diary. Good record-keeping is important when filing an insurance claim. Make a list of everyone you speak to about your claim. Note their name, title and contact information. Also, keep track of the date, time and the issues discussed. The better organized you are, the simpler and easier the claims process will be.
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THE COURTS & LAW
Page 10 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
Taking fight to the state Supreme Court From left, members of the Florida Association for Women Lawyers Michelle Coughlin, Susan Warner, Jennifer Shoaf Richardson, Lara Bach and Kyleen Hinkle. Richardson, an attorney in the Jacksonville office of Jackson Lewis and immediate past president of FAWL, accompanied by her colleagues presented oral argument to the state Supreme Court on Aug. 27. The association is in favor of a proposal for Rule 2.570 of the Florida Rules of Judicial Administration. If adopted, it would allow for mandatory continuances in civil trial proceedings, with client consent, for parental leave requests from lead counsel. “The advancement of women as professionals is directly implicated by this rule,” Richardson said in her argument. The Florida Bar Board of Governors also is in unanimous support of the proposal.
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, September 5, 2019 • Page 11
BY SCOTT SAILER • STAFF WRITER
Here are the top 10 single-family residential real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Aug. 23-30.
DUVAL
$1,419,000
$1,195,000
7 Bridge St., St. Augustine
4142 Ponce De Leon Blvd., Jacksonville Beach
Type: Single-family Lot size: 0.11 acres House size: 2,438 square feet Buyer: Michael S. and Sandra L. Wieber Seller: Blake F. Deal III Previous sale: $795,000 in 2004
Type: Single-family Lot size: 0.16 acres House size: 3,992 square feet Buyer: Lauren Ng Tucker and Adam L. Tucker Seller: Jennifer W. and Arthur L. Cahoon Previous sale: $895,000 in 2015
ST. JOHNS
$1,400,000 8416 Florida A1A S., St. Augustine
ST. JOHNS
$1,850,000 4 Oceanside Drive, St. Augustine Beach, St. Johns County Type: Single-family Lot size: 0.89 acres House size: 5,662 square feet Buyer: James M. and Anita Henslin Seller: Harold E. Gear and Andrea M. Trescot Previous sale: $2,825,000 in 2006
About the property: Oceanfront fourbedroom, 3½-bath Mediterranean-style home. Features private beach walkover, elevator, library, game room, three-car garage and third-story whale watch.
Type: Single-family Lot size: 1.58 acres House size: 2,650 square feet Buyer: Mark F. and Alecia J. Bailey Seller: Norman F. and Latresia L. Nelson Previous sale: $1,375,000 in 2018 DUVAL
$1,310,000 ST. JOHNS
DUVAL
ST. JOHNS
$1,525,000
$1,455,000
$1,425,000
713 Ocean Palm Way, St. Augustine
4061 Timuquana Road, Jacksonville
128 Teal Pointe Lane, Ponte Vedra Beach
Type: Single-family Lot size: 0.2 acres House size: 4,611 square feet Buyer: Bradley J. and Emanuela C. Brown Seller: Mark F. and Alecia J. Bailey Previous sale: $1,427,000 in 2013
Type: Single-family Lot size: 0.88 acres House size: 3,978 square feet Buyer: Brett S. and Nancy McClung Seller: Daniel R. and Blanche G. Coffman Previous sale: $140,000 in 1973
Type: Single-family Lot size: 0.95 acres House size: 6,352 square feet Buyer: Jennifer M. and Adrian H. Faulkner Seller: Deborah Stovall Previous sale: $1,775,000 in 2009
50 Third Ave. S., No. 1002, Jacksonville Beach Type: Watermark condominium Condominium size: 3,121 square feet Buyer: Scott Skinner and Dean Coleman Seller: Robert A. and Carole T. Jackson, individually and as trustees of the Robert and Carole Jackson Trust Previous sale: $1,050,000 in 2012
DUVAL
$1,099,900 13819 Tortuga Point Drive, Jacksonville Type: Single-family Lot size: 0.6 acres House size: 5,461 square feet Buyer: Andrew and Maria A. Russell Seller: Charles S. and Kerri V. Weems Previous sale: $900,000 in 2011
RESIDENTIAL REAL ESTATE
Top 10 home sales of week
ST. JOHNS
DUVAL
$1,000,000 1431 Riverplace Blvd., No. 3704, Jacksonville Type: The Peninsula of Jacksonville condominium Condominium size: 3,284 square feet Buyer: William G.T. and Nancy Clark Seller: Roque and Joan Neeves Previous sale: $1,025,000 in 2014
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Page 12 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
EDITORIAL
It’s time to bring back free enterprise MATT WALSH PUBLISHER
Business Roundtable’s emphasis on “stakeholders” helps emphasize the socialist movement and bury capitalism. On the morning the Business Roundtable published its full-page ad in The Wall Street Journal proclaiming its CEO members’ allegiance to “stakeholders” above shareholders, the following text message pinged my phone: “It made me puke. I’ve made it a personal policy to sell stocks in companies that put social ahead of shareholders. I have several sell orders in now.” The message came from a Gulf Coast entrepreneur who in 10 years built a company that went from $0 to $1.4 billion in revenue and who, during his career, led organizations that created almost 5,000 jobs, 200 employee millionaires and more than $10 billion in shareholder value. He is proud to say he is a
capitalist and an ardent proponent of capitalism. You can’t say that about the 181 big-corporation CEOs (out of 188) of the Business Roundtable who signed the organization’s new statement of the Purpose of a Corporation. They say in the second sentence of their new manifesto they believe “the free-market system is the best means of generating good jobs, a strong and sustainable economy, innovation, a healthy environment and economic opportunity for all.” But rare is the day, if ever, you hear any of these 188 CEOs proclaim themselves a “capitalist” or say they believe “capitalism” is the best economic system in the history of the world (which it is). “Capitalist” and “capitalism” have become dirty words, not to be uttered publicly. As you no doubt read and heard, the Roundtable CEOs modified the 50-year-old purpose of their corporations from being first and foremost committed to creating value for shareholders (their owners and bosses) to a commitment to “all of our stakeholders.” A telling sign: In their new commitment to stakeholders, “generating long-term value for shareholders” was last among their five stakeholders. Ahead of shareholders were customers, employees, suppliers and “the communities in which we work.” Milton Friedman, Ayn Rand and Adam Smith all flipped in their graves. Friedman espe-
We dare you: Try finding a 20-something Gen Zer or millennial who learned in high school Adam Smith’s explanation of the free hand. cially. He was the inspiration of the Roundtable’s commitment to shareholders above all in the wake of his 1970 article, “The Social Responsibility of Business Is to Increase Profits.” To do otherwise, such as “promoting desirable ‘social’ ends,” Friedman said, would be “preaching pure and unadulterated socialism.” Of course, at the same time, every business owner, entrepreneur and CEO knows that to increase profits and shareholder value the business must excel at fulfilling the wants and needs of everyone involved — customers, employees and the community in which the business operates. As Smith and Rand explained, the entrepreneurial baker doesn’t make cakes out of a commitment to “stakeholders” or the goodness of his heart. He bakes them because he sees a need he can fill in the market and because of a selfish interest to feed and house himself. In the free, fair and peaceful exchange of his cakes for cash, he creates value for his customer, his employee and himself. At the same time, he is contributing to the betterment of his community. Everyone benefits. That is capitalism, free enterprise.
Unfortunately, in the Roundtable’s new pronouncement, the CEOs are putting a greater emphasis on social responsibility. And by doing so, they are playing into the movement toward socialism and further burying capitalism and its virtues below the depths of mainstream American society. We dare you: Try finding a 20-something Gen Zer or millennial who learned in high school Adam Smith’s explanation of the free hand. From grade school through college, America’s public school systems have done almost nothing to teach two generations the virtues of capitalism versus the destructiveness of socialism and a Leviathan central government. This cannot go unchallenged. The results will be disastrous. They’re showing up already. If we are to preserve American capitalism and what the Founders designed, the curricula in American schools must infuse unbiased lessons on the outcomes of the “isms” — capitalism, socialism, communism, fascism, as well as a much deeper grounding in the nation’s founding principles. Business owners and CEOs are deathly afraid to speak to their employees about the virtues of capitalism. But there’s nothing wrong
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with letting new employees know in their orientations and employee manuals that you and your company embrace capitalism — and that you aren’t afraid to use the word and explain how it works. We are reminded at a time like this of the forceful argument for a capitalistic, free society in “Wealth and Poverty,” the 2012 book by the great thinker, George Gilder. “Liberals seem to want wealth without the rich,” Gilder wrote. “Yet most real wealth originates in individual minds in unpredictable and uncontrollable ways. A successful economy depends on the proliferation of the rich, on creating a large class of risktaking men and women who are willing to shun the easy channels of a comfortable life in order to create new enterprise, win huge profits and invest them again. “It will be said that their earnings are ‘unearned’ and ‘undeserved.’ But, in fact, most successful entrepreneurs contribute far more to society than they ever recover, and most of them win no riches at all. They are the heroes of economic life, and those who begrudge them their rewards demonstrate a failure to understand their role and their promise.” What is their role and promise? To create value … which inures to the benefit of their shareholders, employees and society. Capitalists unite.
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, September 5, 2019 • Page 13
THE MARBUT REPORT
Pickert: City, Florida ‘ahead of the curve’
MAX MARBUT ASSOCIATE EDITOR
Attorney offers insight after attending the ABA national meeting in San Francisco. Attorney Alan Pickert, a partner at the Terrell Hogan law firm, is the Jacksonville Bar Association’s representative on the American Bar Association House of Delegates. Of the nearly 400,000 ABA members, about 600 are members of the House of Delegates, the association’s policymaking body. Only 72, including Pickert, represent local Bar associations. He said after returning from the ABA’s national meetPickert ing Aug. 8-13 in San Francisco there was a substantive takeaway from the hours of discussion and debate of issues facing the legal profession: “I think Jacksonville and Florida are ahead of the curve.” For example, one of the issues Pickert said drew debate on both sides of the issue involved a proposed resolution to support prohibiting possession of firearms inside courthouses by anyone other than sworn law enforcement officers. Pickert said some of the delegates thought the ABA was limiting the Second Amendment by passing the resolution, but that isn’t Pickert’s position. “I don’t believe anyone visiting the courthouse or a judicial center of some kind needs to bring a gun nor do I believe bailiffs should be armed. Police and security officers yes, everyone else, no,” he said. Florida Statutes Chapter 790 prohibits anyone other than police officers from possessing firearms or other weapons in courthouses; police and sheriff’s offices; schools, colleges and universities unless the carrier is a student, faculty or staff member; polling places; public government meetings; establishments licensed to dispense alcoholic beverages for con-
sumption on the premises; and other places, including where prohibited by federal law. A resolution Pickert said he argued in favor of and that was adopted encourages law schools to develop “pro bono scholar” programs. That would allow students in the final semester of their third year in law school to elect to secure an externship placement and provide supervised pro bono hours, replacing three of the five classes usually taken in the final semester. As an incentive, students in the program would be allowed to take the Bar exam in February after graduation, instead of having to wait for the July exam. “They have tested it at a couple of universities in New York. The students who participated ended up on average with 350 pro bono hours for that semester and had a higher passage rate on the Bar. If Florida Coastal (School of Law) did that, think how much it would help Jacksonville Area Legal Aid, Three Rivers Legal Services and other understaffed pro bono programs,” Pickert said.
Attorneys disbarred In orders issued June 6-Aug. 22, the state Supreme Court disciplined 22 attorneys: Six were disbarred, three had their license revoked, 10 were suspended, three were reprimanded and three received additional discipline. Two of the disbarred attorneys practiced in Duval County. n Christopher M. Chestnut, 301 W. Bay St., Suite 1400, was permanently disbarred, effective immediately following an Aug. 22 court order. In four combined grievance files, Chestnut was found guilty of failing to communicate with his clients and failing to diligently pursue their cases. n Brett Allen Mearkle, 547 Selva Lakes Circle in Atlantic Beach, was disbarred, effective immediately following a July 25 court order, and ordered to pay $2,500 restitution to one of his clients. Mearkle was hired and paid $2,500 to handle a business bankruptcy, but failed to file the case or communicate with the client. In another case, after appearing for a client in federal court, he subsequently failed to appear in court and did not communicate with his client. In both cases, Mearkle did not respond to court inquiries and grievance complaints.
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Page 14 • Thursday, September 5, 2019
THE BAR BULLETIN
Jacksonville Daily Record
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
INSIDE FROM THE PRESIDENT
JBA is pathway to involvement in The Florida Bar
COMMENTARY
Diversity in legal community The 2018 Report on Diversity in U.S. Law Firms by the National Association for Law Placement shows some progress, “but much work needs to be done.”
Here’s what some of our members have to say.
PAGE 16
COMMENTARY
Understanding ‘Homestead’ The Florida law can be confusing. Here’s how to keep it all straight. PAGE 17
A
s president of the Jacksonville Bar Association, I spend much of my time talking with members and potential members about all the ways the JBA can benefit attorneys practicing in the 4th Judicial Circuit. We offer CLEs, networking events, community outreach projects, practicespecific committees and social events. What you may not realize is that the JBA also offers something else: A pathway for attorneys to get involved on the state level.
ELIZABETH FERGUSON JBA PRESIDENT
Many of our members are active in The Florida Bar, serving on the board of governors, chairing committees and participating in the sections and divisions. Many of those opportunities arose through friendships and relationships they developed in the JBA. I reached out to several of our members who also serve on The Florida Bar to get their insight about why dual involvement is so important. SEE FERGUSON, PAGE 18
SPORTS
The Ballbarians triumph The JBA Kickball League completes the fourth year of its rebirth by crowning a new champion. PAGE 19
FROM THE YOUNG LAWYERS PRESIDENT
Attorneys hitting links to benefit Learn to Read program “Tee it Up” tournament is Oct. 10 at Jacksonville Beach Golf Club.
JAMES POINDEXTER JBA YOUNG LAWYERS SECTION TREASURER
Young lawyers are hitting the links to benefit Learn to Read Duval County’s students are back in school, and that’s a good reminder of the educational needs of our community’s adults. Self-improvement through adult education is one of the many ways people can increase
their standard of living, health and enjoyment of life. While lawyers are required to undertake a certain amount of continuing education to satisfy the requirements of The Florida Bar, many people do not have the resources or information necessary to take advantage of adult education opportunities. One of the areas of greatest need in Jacksonville is adult literacy. Roughly 20% of Floridians lack basic literacy skills such as the ability to read newspa-
per articles. Many are not able to adequately read the dosage instructions on prescription bottles. As lawyers, we utilize our reading skills at work every day, but many people do not have the ability to apply for or retain a job that requires even basic reading proficiency. While adult functional illiteracy is pervasive and its effects severe, resources to solve it are scarce. Assisting adults with these
skills can unlock economic potential, boost public health and increase the well-being of our community. The Jacksonville Bar Association Young Lawyers Section’s annual “Tee it Up” charity golf tournament will benefit Learn to Read Jacksonville, a nonprofit dedicated to improving adult literacy in Duval County. Since 1969, Learn to Read Jacksonville has served adults 16 SEE GOLF, PAGE 18
THE BAR BULLETIN
Jacksonville Daily Record
Thursday, September 5, 2019 • Page 15
For all meetings, register at jaxbar.org SEPT. 10 Judicial Relations Noon, Duval County Courthouse SEPT. 10 Elder Law Noon, Jacksonville Bar Association SEPT. 19 Estate Planning & Tax Law Noon, The Community Foundation for Northeast Florida SEPT. 23 Pro Bono Noon, Jacksonville Bar Association SEPT. 26 Governmental Relations Noon, Jacksonville Bar Association
UPCOMING EVENTS For all events, register at jaxbar.org
Special to the Daily Record
The panel for the JBA Appellate Practice Committee seminar, from left, 1st District Court of Appeal Clerk of Court Kristina Samuels, 1st DCA Judges Harvey Jay, Ross Bilbrey II and Scott Makar and committee chair William Graessle at the podium.
COMMENTARY
Questions raised at Appellate Practice Committee seminar
BILL GRAESSLE JBA APPELLATE LAW COMMITTEE CHAIR
Could there be a 6th DCA in Jacksonville? The Jacksonville Bar Association’s Appellate Practice Committee presented its annual lunch and learn seminar July 24. Also known as “Fun with the First,” this year’s panel comprised 1st District Court of Appeal Judges Scott Makar, Harvey Jay and Ross Bilbrey II. As a bonus, two guest stars appeared with the panel: District Marshal Kevin Taylor and Clerk of the Court Kristina Samuels. The program began with Taylor answering the question that was on
everyone’s mind: “What exactly does the marshal do?” Taylor said that unlike marshals from other district courts of appeal, the 1st DCA’s marshal is not only responsible for security, but also manages and handles all of the technical aspects of the court’s operations - everything except the processing of cases, which is handled by the clerk. In addition to traditional questions, such as common mistakes the judges see and what attributes they believe a good appellate judge should have, the panel also discussed the fact that two en banc oral arguments were held in April, which is a rare occurrence, and the logistics of how it happened. That led to a discussion of what the proper use of the en banc procedure should be and when it should be invoked. Judge Makar posited that the process should be used more often for reconciling intradistrict conflict, but noted that not all of the judges find that a compelling reason. Two topics generated a spirited discussion. First, there currently are two vacancies on the 1st DCA, a result of the appointment of Judges Wetherell and Winokur to the federal bench. The discussion centered on the fact that Jacksonville is significantly underrepresented on the state appellate court and
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Secretary Fraz Ahmed Coker Law Young Lawyers Section President Alessandro Apolito Lippes Mathias Wexler Friedman Executive Director Craig Shoup (904) 399-4486
there needs to be a concerted effort to remedy same. The final topic was one that has been discussed for several years and appears to be gaining more attention: The possible creation of a 6th DCA based in Jacksonville. This subject was raised initially by Judge Makar, who focused on the large proportion of 1st DCA cases that originate from Jacksonville and the predominance on the 1st DCA of Tallahasseebased judges. Judge Bilbrey and Judge Jay agreed that while there certainly should be more judges from Jacksonville and at least a branch of the 1st DCA here, they were undecided whether a new and separate appellate district court should be established. This discussion is ongoing, so stay tuned for details. The seminar was well-received and a good time for all. This is a tradition which the Appellate Practice Committee will continue. Special thanks in helping make this happen are due to JBA Executive Director Craig Shoup and CLE & Events Director Carla Ortiz-Ramos. WILLIAM GRAESSLE IS THE OWNER OF WILLIAM S. GRAESSLE P.A. AND A BOARD-CERTIFIED APPELLATE LAW PRACTITIONER.
BOARD OF GOVERNORS MEMBERS Brian T. Coughlin Bedell Firm
Adina Pollan Pollan Legal
Christian P. George Akerman
Asghar A. Syed Gunster
Jamie Karpman U.S. Department of Housing and Urban Development Blane McCarthy Blane McCarthy
Cyndy Trimmer Driver, McAfee, Hawthorne & Diebenow Lindsay L. Tygart Coker Law
SATURDAY Inaugural Jacksonville Bar Association Inshore Fishing Tournament 8 a.m., Clapboard Creek Boat Ramp SEPT. 11 Mentor/Mentee Roundtable Breakfast 8 a.m., Duval County Courthouse SEPT. 12 “12 Angry Men” exclusive first performance 7:30 p.m., Theatre Jacksonville SEPT. 19 Coffee at the Courthouse 8:30 a.m., Duval County Courthouse SEPT 19 Swearing in Ceremony for new attorneys 4 p.m., Duval County Courthouse. Attorneys being sworn in should arrive at 3 p.m. to complete paperwork. Please bring identification. SEPT. 19 Young Lawyers Section Happy Hour 5:30 p.m., Justice Pub SEPT. 24 Jacksonville Bar Association Member Luncheon 11:45 a.m., DoubleTree by Hilton Hotel Jacksonville Riverfront
EDITORIAL COMMITTEE Editor-in-chief Kelly Karstaedt Karstaedt & Stanko Editors Iana Benjamin Cordell & Cordell Ashlea Edwards Akerman LLP
Kirsten Oliver Steve Watrel, P.A.
JBA CALENDAR
COMMITTEE MEETINGS
Page 16 • Thursday, September 5, 2019
THE BAR BULLETIN
Jacksonville Daily Record
COMMENTARY
Diversity remains a challenge in legal profession Luikart
Poitier
We can work to be part of the solution. BY CHRISTEN LUIKART & JONI POITIER JBA DIVERSITY COMMITTEE CO-CHAIRS
In January, the National Association for Law Placement published its 2018 Report on Diversity in U.S. Law Firms. The news release distributed with the report noted significant findings stating, “the report shows that while women, minorities, and LGBT lawyers made gains in overall representation at major U.S. law firms in 2018 compared with 2017, representation of Black/African Americans among associates remains below prerecession numbers.” According to NALP, women make up 49.51% of associates at law firms, while black representation is 4.48%. Additional significant findings in the report include: n An increase of about 0.7% in the representation of minorities among partners is noted as the largest increase over the entire span of NALP’s compilation of these figures. n Minority women continue to be the most dramatically underrepresented group at the partnership level. n The number and percentage of LGBT lawyers reached new heights and the percentage of LGBT summer associates at firms with more than 700 lawyers reached a new high of 6.42%. n The reporting of lawyers with disabilities (of any race or gender) remains scant. n Despite small increases in the past three years, the representation of Black/African American associates remains below its prerecession level, and
representation of Black/African American partners has barely changed since 2009. NALP Executive Director James Leipold noted that the 2018 report “is a good news/ bad news story” and that “while progress towards greater diversity and inclusion among lawyers in U.S. law firms continues to be made, and underlying population demographics play a role, much, much work remains to be done.” You may be thinking: Thanks for the information, but how do those figures compare to the minority population in law school? Here is data gathered by the American Bar Association regarding the nationwide first-
year class enrollment for law schools for Fall 2018: n Men: 17,977 n Women: 20,366 n Minority men: 4,837 n Minority women: 7,135 n Other: 9 Of the entering student population in 2018, men accounted for 46.8%, women accounted for 53.1%, minority men accounted for 12.6% and minority women accounted for 18.6%. That’s a sharp contrast to the aforementioned numbers reported within U.S. law firms. Even with the increased emphasis on diversity and inclusion, the legal profession remains one of the least diverse. It stands to reason that without the support of leadership, men-
torship and sponsorship, diversity initiatives will fail. Make no mistake, these terms are not interchangeable and young attorneys, especially minorities, need support. A leader in a firm must acknowledge the role of implicit bias in the recruitment and retention of attorneys. A mentor provides guidance and advice to a lawyer to help him or her navigate a career path and this relationship is largely based on connection, chemistry and trust. A sponsor acts as a coach and advocate, and their advocacy is powerful. A sponsor speaks up for you in situations where your voice may be muted. You may not always know who your spon-
sors are. Where do we go from here? Join the Diversity and Inclusion Committee of the Jacksonville Bar Association at our next meeting at noon Sept. 18. We have a pool of bright minds and well-intentioned individuals. If we work together to address these issues, we can work to be part of the solution instead of unknowingly contributing to the problem. CHRISTEN LUIKART IS A PARTNER AT MURPHY & ANDERSON. JONI POITIER IS A PARTNER AT MOSELEY, PRICHARD, PARRISH, KNIGHT & JONES.
LEGAL BRIEFS
Need CLE hours? Check out the JBA website
The Jacksonville Bar Association has a CLE video library where you can purchase online CLE presentations and get those CLE credits you need in the convenience of your home or office. You may choose from as few as 0.5 CLER hours to as many as 8.0 CLER hours, including various certification hours. Just select the videos that correspond with the CLE credits you need, purchase them, watch online and submit for credit. Topics include family law, technology law, transactional law and professionalism for new practitioners. Visit jaxbar.org/store
Upcoming CLEs SEPT. 24 Family Law CLE presented by Family Law Software 9:30 a.m., DoubleTree by Hilton Hotel Jacksonville Riverfront Topics Include: n Legislative and case law update. n Technology. n School policies of DCPS. n What the family practitioner must know regarding military retirement and recent changes. n How marijuana laws impact family law cases. Five CLE credits pending accreditation by The Florida Bar. Early bird discount ends at 11:59 p.m. Sept. 10. Register at jaxbar.org
Keep involved in the JBA
Key reasons to renew your JBA membership
The driving force behind this organization is the active participation of its members. Please give the association the benefit of your ideas and talents by volunteering to serve on one or more of the committees shown on the JBA website. With your active involvement, this association will flourish. To join or change your committee preferences, open your web profile at jaxbar.org and click on “Join a Committee.”
n Bench & Bar Holiday Party free to members n General and Law Day luncheons free to members n Annual golf tournament n Free committee participation n Access to Attorney Conference Center, Duval County Courthouse n Bar Bulletin – First Thursday of month edition of the Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n Savings on exclusive member benefits n JBA E-News member email n Free listing in website directory with photo
THE BAR BULLETIN
Jacksonville Daily Record
Thursday, September 5, 2019 • Page 17
COMMENTARY
CASTLES IN THE SAND Homestead, history and law in Florida BY JOHN MCE. MILLER & ANDREW WOODS JBA ENVIRONMENTAL & REAL PROPERTY COMMITTEE
“Homestead” under Florida law has at least three definitions, often leading to confusion among practitioners and lay people alike. Historically, homestead in Florida was granted to provide two important protections to settlers in the Civil War era and afterward: First, to prevent forced sale by creditors, and second, to provide a surviving spouse (usually wife) and family with shelter, a place to live. It also was intended to encourage pioneers to stake their claims in Florida, which became a state in 1845, before electricity and air conditioning. If the head of household failed, at least the family would have a home. This was codified by the U.S. Congress in the Florida Homestead Act of 1862. Florida’s love affair with homestead was further codified Nov. 6, 1934, when Section 7 was added to Article X of the Florida Constitution. In Florida, “homestead” has several meanings: Exemption from forced sale, restriction on transfer and devise, and property tax exemption. EXEMPTION FROM FORCED SALE
The exemption from forced sale protects a homeowner’s primary residence from forced sale by a creditor. For example, if a court enters a money judgment against a homeowner, the judgment cred-
itor will not be able to satisfy its judgment with the person’s homestead. This protection is extremely strong and has worked under dubious circumstances such as O.J. Simpson shielding funds from the Goldman and Brown families by moving to Florida and investing in a Miami-area home. Rare exceptions include recovery against the homestead for unpaid property taxes, defaulted mortgage debt and unpaid obligations contracted for labor performed on the property. The exemption from forced sale not only protects the homeowner, but also allows his or her heirs to inherit the property free of the homeowner’s creditors. RESTRICTION ON TRANSFER
Perhaps the least known of the three homestead laws is the restriction on transfer and devise. The restriction prevents a homeowner in Florida from transferring his or her homestead property without joinder or waiver of a spouse. In addition, absent a waiver, the property must pass to the homeowner’s surviving spouse following death. There also is a restriction on devise for a homeowner who dies survived by one or more minor children. This restriction is absolute, and the homestead passes to the decedent’s minor children by operation of law. These restrictions are designed to protect widows and orphans but often are a trap for the unwary when it comes
Special to the Daily Record
Andrew Woods, left, and John McE. Miller with Rock Solid Law.
to estate planning and pose difficulties when dealing with homestead property during the administration of a decedent’s estate. PROPERTY TAX EXEMPTION
Perhaps most important to Florida homeowners is the property tax exemption and related Save Our Homes law. The constitutional property tax exemption provides that the first $25,000 assessed value of a Florida homestead is exempt from all property taxes. An additional reduction of up to $25,000 in assessment applies if the
home is worth at least $50,000; however, the second exemption only applies to non-school taxes. The SOH law cap begins when the county grants the initial exemptions and caps the increase in the assessed value of homestead property to the lesser of the rate of inflation or 3% per year. Historically, the appreciation of property in Florida has outpaced the SOH cap and has created significant property tax savings for longtime homeowners. In addition, if a homeowner moves residences but stays in
Florida, up to $500,000 of SOH cap may be ported to the new property. Homestead issues can be difficult to navigate. Those with questions should contact a law firm with attorneys who specialize in both real property and estate planning. JOHN MCE. MILLER IS SENIOR ATTORNEY/OWNER AND ANDREW WOODS IS AN ASSOCIATE ATTORNEY WITH ROCK SOLID LAW, FOCUSING ON REAL ESTATE CLOSINGS, ESTATE PLANNING AND SMALL BUSINESS REPRESENTATION.
PRO BONO
Home Sweet Home project secures ownership for heirs
SARAH SULLIVAN THREE RIVERS LEGAL SERVICES
The need is great and we need your help. Property owners in Florida often live in homes passed down from generation to generation without having addressed legal title or accessing proper court procedures. It is not until a natural disaster damages the property, or even something as simple as
non-payment of property taxes, that brings to light the issue of proper title. Legal issues regarding heirs’ property disproportionately affect families living in low-income communities. Three Rivers Legal Services Inc. launched the Home Sweet Home project to help resident homeowners in 17 counties in Northeast Florida preserve their ownership interest. Even in light of the 1968 Fair Housing Act, white homeownership has consistently outpaced minority homeownership. The housing crisis of the past decade disproportionately affected lowincome and minority homeowners. So, not only is it more difficult for a low-income and minority person to purchase a home, it also is more difficult for them to keep it and housing stability is the cornerstone to alleviating poverty. The driving force of Home
Sweet Home is for residents to have safe and secure homeownership. The project reaches out to the most vulnerable homeowners in our service area. Three Rivers Legal Services offers access to the legal system and a path forward so that homeowners can remain in their homes and provide a secure location for their families now and for future generations. The project provides community outreach and legal services to address heirs’ property issues with the goal of preparing low-income homeowners for disasters, keeping minority homeowners from losing their property and improving living conditions of neighborhoods with large percentages of heirs’ property. Issues created by heirs’ property include owners being incapable of making repairs without clear title; owners losing access to federal disaster assis-
tance after a storm without clear title; heirs giving up property without knowing their rights to ownership; owners relinquishing property to the county for unpaid taxes; and homeowners facing foreclosure because heirs are unable to get mortgages or loan modifications without clear title. The Home Sweet Home project also addresses one of the biggest unmet legal needs: Probate litigation and legal proceedings concerning real property. The project attorneys are Jacksonville Bar Association members Rachel Rall and LaTonya Lipscomb-Smith. After having their own private practices, they felt the call to use their expertise and talent to serve homeowners through this initiative. The Home Sweet Home project also is fortunate to have the expertise of Carol Miller, a Jacksonville Area Legal Aid senior staff attorney who has
worked with community development and issues surrounding low-income homeownership for several decades. The need is so great that we need additional help from JBA members in the form of pro bono advocacy. If you are interested in taking on cases ranging from simple estate planning and advance planning documents to probate administration and title clearing litigation, call (904) 423-8966 or visit trls.org. WOULD YOU LIKE TO HELP MAKE A DIFFERENCE IN THE COMMUNITY? ATTORNEYS INTERESTED IN PRO BONO OPPORTUNITIES THROUGHOUT THE 4H JUDICIAL CIRCUIT ARE ENCOURAGED TO CONTACT MISSY DAVENPORT, CHAIR OF THE JBA PRO BONO COMMITTEE, AT MISSY. DAVENPORT@JAXLEGALAID. ORG.
Page 18 • Thursday, September 5, 2019
THE BAR BULLETIN
Jacksonville Daily Record
COMMENTARY
Leadership, the JBA and the St. Johns River
BLANE MCCARTHY JBA BOARD OF GOVERNORS
There are abundant opportunities to serve. Many lawyers join the Jacksonville Bar Association to avail themselves of the numerous leadership opportunities we offer. An analogy: Like most rivers, the St. Johns River starts humbly. Along its meandering route from its marsh headwaters in Indian River County, the river is augmented by several tributaries, including the Wekiva, Econlockhatchee and Ocklawaha rivers. The resulting body of water is so voluminous and wide that the Buckman Bridge needs two miles of length to span it. Were it not for those tributaries, the St. Johns River’s breadth, health and impact would be greatly reduced. Leadership in the Jacksonville Bar Association resembles the St. Johns River. Few of the JBA’s leaders started in the headwaters. Most of us found ourselves being drawn into the leadership river by our involvement in one or more of its many tributaries. That involvement greatly adds to the breadth, health and impact of the JBA.
Ferguson CONTINUED FROM PAGE 1
Christian George recently completed his term as president of The Florida Bar Young Lawyers Division. When I asked him to reflect on why involvement at the state level was important, he said, “It’s good for your own mental health as a litigator. I’ve met so many great people that I end up
Golf CONTINUED FROM PAGE 1
years of age and older in Northeast Florida who do not know how to read or wish to improve their reading skills. Relying almost entirely on vol-
For fiscal year 2019-20, the association has 31 “tributaries” – 14 standing committees (primarily project-based), 16 substantive-law committees and the vibrant Young Lawyers Section (for lawyers younger than 36 or who have been a lawyer less than five years). Each of these “tributaries” provides entry into the JBA’s leadership river. How does one tap into these leadership opportunities? I recommend embracing servant leadership, something espoused by my Christian faith. “For even the Son of Man did not come to be served, but to serve.” Anyone who wants to be first must be the very last, and the servant of all. For all those
who exalt themselves will be humbled, and those who humble themselves will be exalted.” Whether you share my faith, hopefully, you see the wisdom in focusing on service to others. The JBA’s committees and the YLS provide abundant opportunities to serve. Committees have meetings that need organizers. Projects need promoters and participants. Lunch and learn seminars need presenters. Planning sessions need visionaries. Membership drives need recruiters and “friendraisers.” Social media pages need bloggers and posters. There is no limit to the service opportunities provided by each of the JBA’s tributaries. One with
a servant leader mindset can fully satisfy their drive. Leadership that is merely a veiled self-advancement plan is seen for its hypocrisy. Nobody follows such a leader. By contrast, the genuine servant leader’s main goal is the betterment of others, which often incidentally improves self. To keep the maritime analogy flowing, contemplate the popular saying “a rising tide lifts all boats.” Serving your fellow JBA members lifts all, including the servant leader. As each fiscal year draws to a close, the president-elect staffs the committee leadership for the following year. He or she often consults with the incumbent
committee chairs to assess who among that committee’s membership should be considered to succeed them. This is when genuine servant leadership rises to the top. “Well done, good and faithful servant! You have been faithful with a few things; I will put you in charge of many things.” The leadership opportunities within the JBA are numerous. Come join in as we serve our lawyer colleagues and the Jacksonville community.
litigating against as a result of service. It is much easier when you know someone across the table.” George also found his service on The Florida Bar rewarding as it helps maintain and improve the status of attorneys in the community. Another former YLD president, Michael Orr, now serves as one of our 4th Circuit representatives to The Florida Bar. He said involvement in
The Florida Bar provides “a tremendous opportunity” to grow a lawyer’s practice and knowledge of the law. “The lawyers and judges involved in The Florida Bar collaborate on pressing issues facing the profession and that provides a rare opportunity for lawyers who may work on opposite sides of cases or transactions to work on the same team. Practice enhanced, professionalism promoted,” Orr said.
I too am lucky to serve on several committees and co-chair the Construction Law Review Course. I have met and gotten to know many attorneys in the 4th Circuit, as well as attorneys throughout the state. Those relationships helped me to learn more about The Florida Bar, how I could get involved and who to contact to find the right involvement for my goals and practice. If you are interested in
getting involved in The Florida Bar, contact our 4th Circuit representatives: Michael Orr (morr@orrcook.com) and Mike Tanner (mtanner@gunster. com) or former YLD President Christian George (christian. george@akerman.com).
unteers and operating primarily on donations and grants, Learn to Read Jacksonville is a grassroots organization with accreditation from ProLiteracy. Learn to Read Jacksonville is a worthy charity and we are proud to partner with the organization to provide it with financial resources in order to continue its
mission. The golf tournament is Oct. 10 at the Jacksonville Beach Golf Club. Lawyers and nonlawyers are invited to participate. It’s an opportunity to play golf on a weekday at the newly renovated golf facility at Jacksonville Beach Golf Club and gives our members an opportunity to
raise funds for and learn more about the adult literacy needs of our community. Feel free to bring clients or friends who are interested in playing golf for a good cause. Even if you do not play golf, there are ways you can help. The Young Lawyers Section is looking for sponsors for each hole,
the beverage cart, shirts for players and the post-tournament banquet.
BLANE MCCARTHY IS A CERTIFIED CIRCUIT MEDIATOR AND A BOARD-CERTIFIED CIVIL TRIAL LAWYER WHO REPRESENTS INJURY VICTIMS.
ELIZABETH FERGUSON IS A SHAREHOLDER WITH MARSHALL DENNEHEY
IF YOU ARE INTERESTED IN LEARNING MORE ABOUT FOURSOME PRICING OR SPONSORSHIP PACKAGES, OR WOULD LIKE TO REGISTER, EMAIL JAMES@DELEGAL.NET.
DO BUSINESS WITH OUR SPONSORS DIAMOND
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THE BAR BULLETIN
Jacksonville Daily Record
Thursday, September 5, 2019 • Page 19
The Ballbarians Back row left to right: Garth Cheek, Leigh Viola, Sarah Ouimet, Chris Brochu, John Weedon, Jeremy Paul, Ajay Dabas and Dominic Deluca.
Middle row: Ashley Fields and Lauren Beames
Not pictured: Kelsey McCusker, Kayla Haines, Ashlea Edwards and Harrison Fischer.
Front row: Paul Palasz.
JBA Kickball League crowns new champion The Ballbarians claim the golden trophy by defeating Farah & Farah. BY JOHN WEEDON JBA KICKBALL CHAIR
The JBA Kickball League completed the fourth year of its rebirth by crowning a new champion, “The Ballbarians.” This season saw the most participa-
tion and the highest energy level the league has had in the modern era, set to a soundtrack of 1980s and ’90s rock and hip-hop. Teams from Boyd & Jenerette, Farah & Farah, Morgan & Morgan and Plata Schott, as well as a team of free agents known as “Order in the Sport,” and a ragtag bunch of attorneys who banded together to form The Ballbarians competed week in and week out for the coveted Golden Kickball.
LET A BOARD CERTIFIED CIVIL TRIAL LAWYER
MEDIATE YOUR NEXT CASE Personal Injury Probate Foreclosure
In the most competitive playoffs yet, Order in the Sport edged out Morgan & Morgan in the quarterfinals before falling to The Ballbarians in the semifinals. Farah & Farah defeated Boyd & Jenerette in the semifinals to advance to the championship game, where The Ballbarians turned in a stellar defensive performance and clinched the Golden Kickball with a 5-0 victory.
WANT TO PLAY? Don’t miss out on the fun next year. Get a group of friends together or form a team for your firm and contact John Weedon (jweedon@saalfieldlaw.com) or Kayla Haines (khaines@smithhulsey. com) with any questions about the 2020 kickball season.
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IN THE LAW
Page 20 • Thursday, September 5, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
JENNIFER WILLIAMS
Associate attorney
BY MAX MARBUT • ASSOCIATE EDITOR
Jennifer Boston Williams is an associate at Elizabeth R. Ondriezek P.A. She is one of 28 attorneys who are board certified by The Florida Bar in adoption law and is chair of the Jacksonville Bar Association Adoption Law Committee. What do you think will be the next biggest change in your area of law? There has been a lot of noise about alimony reform over the years, and proponents aren’t giving up without a fight, so that’s one potential change we might be seeing in the not-toodistant future. I would like to see collaborative family law become more prevalent in Northeast Florida. The adversarial system so often causes lasting damage to families, particularly the children. I believe the collaborative law process can be used to minimize that damage and protect children more readily than we can hope to do on the battlefield of litigation.
Who or what inspired you to become a lawyer? My family, albeit indirectly. I am a first-generation college graduate and my family has always been incredibly supportive of my goals. My brother and I enjoyed what I’ll call debating (and our parents would call something that can’t be printed) so the running joke was that I was born to be an attorney. Someone other than my spouse who inspires me: My parents. They are loving, generous and strong. They’ll be celebrating their 50th anniversary in April and I’m incredibly lucky to have them. How do you relate your undergraduate degree to your practice of law? I have a B.A. in political science and a B.S. in psychology. I went into my undergrad years thinking political science would be helpful in a legal career, and it has been. However, as an attorney focused on family and adoption law, my psychology degree has been extremely useful. How did you decide your practice area? And why have you chosen that? It is one of those things that just fell into place. I finished my undergrad in winter and didn’t start law school until fall. I interviewed at a couple of law firms in hopes of getting some experience before law school and ended up working for Elizabeth Ondriezek. I had no intention of going into family law and Elizabeth had no intention of employing me part-time once I started law school. Twelve years later I’m still here and I am passionate about family and adoption law. I am fortunate to come from a very close-knit family; those values drive me to help others who are going through difficult
JENNIFER BOSTON WILLIAMS
Special to the Daily Record
times. Being able to help people through my work is deeply fulfilling and I cannot imagine going into another practice area. What has been the biggest change in your practice area since you passed the Bar? Although it started well before I became an attorney, I’d say the shift away from the gender-related bias in terms of timesharing (child custody). The idea that young children should spend the majority of the time with their mothers and every other weekend with their fathers has not been completely eradicated but we have seen the “guidelines” adopted by various courts change over the years. The current 4th Judicial Circuit timesharing guidelines used in Duval County result in a roughly 60/40 split between parents, and 50/50 timesharing is becoming more common as well.
What community service have you pursued and why that? I have enjoyed serving on the Outreach Committee of the Florida Family Law American Inns of Court for the past two years. Being a Jacksonville native, it has been uplifting to work with my fellow attorneys in ways that benefit our community. We endeavor to select a different cause each month and to encourage our membership to contribute, both by donating funds and goods and by volunteering their time and efforts. Some of the organizations we have worked to benefit include Hubbard House, the Family Nurturing Center and the Jacksonville Humane Society. What’s your advice for new lawyers? Find a mentor. Listen 10 times for every time you speak. Observe experienced attorneys as often as you can, but don’t assume they will all be good role models. Prepare for every hearing you attend, whether it is set for five minutes or five days. Extend professional courtesies whenever you can and remember your roots and your community.
Age: 34 Education: University of Florida, B.A. in political science, B.S. in psychology; Florida Coastal School of Law, J.D. Hometown: Jacksonville Family: My parents, who still live in Arlington where I grew up; husband, Byron; two cats, Lucy and Oliver. Favorite book: Patricia Cornwell’s “Scarpetta” series Book I’m reading now: “The Four Agreements” by Don Miguel Ruiz Websites or apps you can’t live without: I’m presently furnishing our new home so The Home Depot, Lowe’s and Wayfair apps are all musts. Favorite nonwork activities: Spending time with my family, reading and bird-watching. Trying new restaurants and breweries and going on spontaneous adventures with my husband.
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