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Mathis Report: Mudville Grille in Regency changing concepts PAGE 2
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An artist’s rendering of the East San Marco project at Atlantic Boulevard and Hendricks Avenue.
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East San Marco planned to rise in 2020
Dr. Scot Ackerman started his practice because he wanted the freedom to provide better treatment for his patients.
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BY KATIE GARWOOD STAFF WRITER
The Regency Centers Corp. project includes a Publix supermarket, shops, restaurants and multifamily residences.
here’s a reason why Scot Ackerman is the first doctor in the country to bring proton therapy to a physician-owned, private practice setting. The systems aren’t inexpensive, especially for a physician-owned facility, like the Ackerman Cancer Center. Ackerman’s proton therapy system, which opened in 2015, cost $30 million. He plans to add a second machine with pencil beam scanning by 2021. Jacksonville allergist Sunil Joshi said Ackerman’s success as a private practitioner comes from taking risks to get what he feels
BY KAREN BRUNE MATHIS EDITOR
Regency Centers Corp. wants to start construction next year on East San Marco, a long-planned shopping center that will feature the area’s first second-story Publix supermarket and will include 35 multifamily residences. T h e Ja c kso nv i l l e - ba se d company intends to develop a 62,000-square-foot retail center at 1532 Atlantic Blvd. to include the estimated 30,000-squarefoot Publix along with shops and restaurants. Publix will occupy the top floor of a two-story building with parking on the first floor and elevators to accommodate shoppers and their carts. There also will be a parking lot. The 4.3-acre East San Marco is bounded by Atlantic Boulevard, Hendricks Avenue and Alford and Arcadia places. It does not include the Wells Fargo bank.
SEE ACKERMAN, PAGE 9
SCOT ACKERMAN Title: Medical director Organization: Ackerman Cancer Center Age: 61 Hometown: Brooklyn, New York Education: Tulane University, New Orleans, undergraduate; Ross University School of Medicine, Dominica, medical degree; Methodist Hospital of Brooklyn, Brooklyn, New York; internship; Columbia Presbyterian Medical Center, New York, residency Family: Wife, Alex; children, Max, Gigi and Isabella
Photo by Katie Garwood
JAX Chamber trip to Las Vegas focused on technology PAGE 4 The Basch Report: Analysts liking prospects for homebuilders PAGE 6 Sailer Report: Five residential developments seeking OK PAGE 12
SEE PUBLIX, PAGE 7
HEALTH & BUSINESS
Her search for stress relief leads to Resility Health Company’s wearable device tracks tension. PAGE 8 VOLUME 2, NO. 18 • ONE SECTION
WHAT’S TRENDING
Page 2 • Thursday, October 3, 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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An artist’s rendering of the Florida Blue parking garage at Magnolia, Forest and Park streets in Brooklyn.
DEVELOPMENT
Florida Blue parking garage in review Plans for Florida Blue’s proposed $22.5 million Brooklyn parking garage at Magnolia, Forest and Park streets features a parklike setting with spaces for artwork. The Jacksonville-based insurer filed conceptual designs for the garage with the Downtown Development Review Board, which will consider initial approval at its Oct. 10 meeting. Renderings show a four-story, 281,000-square-foot parking garage with an estimated 869 spaces.
The urban park area would be 0.05 acres, or 2,274 square feet, with artwork, benches and shading. Construction is expected to begin by Jan. 9 and be completed by Sept. 9, 2020. The project will free Florida Blue’s riverfront surface lot at 323 Riverside Ave. for development. It was shown in an aerial photograph as the intended site for the $145 million international headquarters of code-named Project Sharp.
Leggett & Platt closing mill, eliminating 101 jobs Jacksonville plant is owned by Adcom Wire Co., an affiliate of Leggett & Platt, according to Duval County Property Appraiser records. According to the Sept. 23 letter sent to the state, the layoffs comprise 82 production and support employees, 14 managers and five administrative and clerical workers.
RETAIL BJ’s Wholesale could be coming to Beachwalk BJ’s Wholesale Club could be opening at the Beachwalk development in Northern St. Johns County. The Prosser Inc. civil engineering firm asked JEA, Jacksonville’s power utility, about the availability of electric, water, sewer and reuse services
Established in 1912, the Financial News & Daily Record, now the Jacksonville Daily Record, is published Monday-Friday and is the Official Court Newspaper of the Circuit JACKSONVILLE Court and publisher of public notices in Duval County. Jacksonville Record & Observer is a free weekly business newspaper available in Downtown Jacksonville and key business nodes throughout Jacksonville. To find a location near you, visit jaxdailyrecord.com/rack-locations. Editorial content focuses on news and trends, with a concentration on development, real estate, construction, law, companies, economic and industry trends and how local and state government affects business.
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INDUSTRY Leggett & Platt Inc. plans to close its wire mill plant at 925 Lane Ave. N. by the end of the year, putting 101 people out of work. The notice filed under the Worker Adjustment and Retraining Notification Act said the closure is due to a consolidation of operations. The 150,000-square-foot Northwest
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to serve the BJ’s Wholesale Club at Beachwalk. It would be the first membership wholesale club in St. Johns County. Also in St. Johns, GreenWise Market says it will open a store in World Commerce Center in 2021.
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To find more business events or to submit your event to the the business calendar, visit jaxdailyrecord.com/calendar. WEDNESDAY Gary Norcross at JAXUSA: Fidelity National Information Services Inc. Chairman, President and CEO Gary Norcross is scheduled to speak to the quarterly JAXUSA Partnership Luncheon on Wednesday 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.
OCT. 12 NFL Legends: JAX Chamber and PRI Productions will present the NFL Legends Community Gala on Oct. 12 to celebrate the 25th anniversary of the NFL in Jacksonville. The chamber worked with Touchdown Jacksonville!, a group of business leaders who led the community effort to bring the NFL to Jacksonville. The city was awarded an NFL franchise in 1993 and entered the league as an expansion team in 1995. The gala is 7-11 p.m. at the Prime F. Osborn III Convention Center. Tickets are $100 per person and can be purchased online at jaxevents. com. Proceeds will benefit the Tom Coughlin Jay Fund. For information, visit myjaxchamber.com.
POSTAL INFORMATION Jacksonville Daily Record (USPS 190-620) is published daily except Saturday, Sunday & legal holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas) by Daily Record & Observer LLC, 10 N. Newnan St., Jacksonville, FL 32202. Periodicals postage paid at Jacksonville, Florida and at additional mailing offices. Under no circumstances will any news or records of Duval County be suppressed for anyone. Information in this newspaper is for our subscribers only and must not be used by anyone for publication purposes.
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, October 3, 2019 • Page 3
Regency Mudville Grille changing concepts Wawa in Arlington and Paxon: The city is reviewing civil engineering plans for the proposed Wawa gas station and convenience store at northeast University Boulevard and Arlington Road in Arlington. Grunthal & Schueth Properties is the developer. The city issued a new mobility fee calculation certificate for the proposed Wawa at Edgewood and Commonwealth avenues in the Paxon area of Northwest Jacksonville. Brightwork Real Estate is the developer.
KAREN BRUNE MATHIS EDITOR
Southern Coast Seafood will replace the closed Mudville Grille in Arlington. The Mudville Grille in the Regency area will become Southern Coast Seafood, a restaurant that also will offer steak and barbecue specials, possibly by Nov. 1. “The neighborhood was great to me the last 20 years,” said Mudville owner Louis M. Joseph. He closed it in June. “We just wanted to change the concept and give Arlington a game-changing restaurant,” he said. Joseph owned the Regency Mudville at 1301 Monument Road and will own Southern Coast Seafood with his cousins, brothers Louis J. Joseph and Matt Joseph. It is independent of Mudville. The 150-seat restaurant will be remodeled with plans to better use the fenced outside deck with seating and family-
Photo by Karen Brune Mathis
From left, Louis M. Joseph and cousins Matt Joseph and Louis J. Joseph at the former Mudville Grille in Arlington that they are converting into Southern Coast Seafood.
friendly games and activities. Like Mudville, Southern Coast will include a full bar and employ 35-40 people. The partners are putting in new flooring, wall coverings, kitchen and bar equipment and bathroom fixtures. The Mudville furniture that will be reused is being restained and upholstered by Antique & Modern Cabinets. Instead of booths, banquette seating will line the side wall. A corkboard “brag wall” will go up for customers to post fishing photos. “From top to bottom, it’s going to be brand new,” Joseph said. “Anything and everything
we wanted to change, we said let’s do it now,” said Louis J. Joseph. The partners declined to provide an estimate of their investment. Louis M. Joseph said hours probably will be 10 a.m.-10 p.m. There will be a few TVs, but the setup will focus on dining, not sports. The menu will feature fresh fish from Mayport, along with beef and barbecue items. He said the fish will be “all local, ocean to table.” Some of that will come from Matt and Louis J. Joseph, who run Outta Line Fisheries LLC. Other products will be bought
Gate on Dunn Avenue: The city issued a conditional capacity availability state-
locally as well. The partners plan for a second Southern Coast Seafood restaurant close by, but out of the market. Louis M. Joseph also owns the St. Nicholas Mudville Grille, which is not affected by the Regency concept change. The Josephs are deeply rooted in Jacksonville. They trace their Duval heritage to 1897, when their great greatgrandfather arrived from Syria. The cousins grew up in Arlington and said they wanted to take part in efforts to reinvigorate the neighborhood. They said the city’s Renew Arlington redevelopment along
ment for Gate Petroleum Co. to rebuild the Gate convenience store at 4234 Dunn Ave. Gate proposes to demolish the store and build a larger one on the 2.11-acre site. Love’s Travel Stops in Baldwin: The city is reviewing construction permits for Love’s Travel Stops & Country Stores on 17.21 acres at 17110 Brandy Branch Road in West Jacksonville. No contractor is listed for the $6 million fueling station, convenience store and two fast-food restaurants, shown as Bojangles’ and Godfather’s Pizza.
with more private investment is encouraging. Arlington was one of the city’s first suburbs when the Mathews Bridge opened in 1953, linking it to Downtown across the St. Johns River. Private investment includes JWB Real Estate Companies LLC’s August purchase of the Town & Country Shopping Center near the base of the bridge. JWB is led by urban redeveloper Alex Sifakis. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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The Bolles School is a college preparatory day and boarding school for students in Pre-K through Grade 12.
THE MATHIS REPORT
GAS STATION NOTES
Page 4 • Thursday, October 3, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE MENDENDHALL REPORT
Technology was focus of JAX Chamber Vegas trip
MIKE MENDENHALL STAFF WRITER
Officials, business leaders seeking some of the same goals as the gambling mecca. JAX Chamber’s three-day trip to Las Vegas was all about data and automation. From Sept. 18-20, the 136 members who attended the group’s annual trip to different cities focused on technologies for autonomous vehicle transportation, said chamber President and CEO Daniel Davis. Leaders wanted to understand how Las Vegas uses one of the largest data centers in the U.S. to improve traffic flow and road safety. Las Vegas was awarded a $5.3 million BUILD grant in December. It is the same U.S. Department of Transportation program that awarded the Jacksonville Transportation Authority and the city $25 million for the automated vehicle Ultimate Urban Connector project, or U2C. Las Vegas is using the federal money to add to its Innova-
tion District infrastructure, deploying four autonomous shuttles, 100 connected vehicle onboard units and smart signal and pedestrian detection software at 20 public intersections. The city established the Innovation District in 2017 and wants to become a “smart city” by 2025. A public-private partnership with NTT Communications and Dell Technologies led to the purchase and installation of high-definition video cameras, sound and motion sensors and other internet-connected security in public intersections and transit areas. Las Vegas is using real-time data to improve transportation infrastructure. Davis said in June that he considers Las Vegas a leader when it comes to smart city tech adoption. Davis compares some of what he saw to the University of North Florida’s Downtown Center for Entrepreneurship and Innovation and the Mayo Clinic’s $32.4 million Discovery and Innovation Building. That building, which opened Aug. 22, houses Mayo Clinic’s Life Sciences Incubator for biotech entrepreneurs. “They (Las Vegas) have transportation-related technology and an innovation center close to an innovation coordinator where those companies set up shop,” Davis said. “They receive venture capital investment and grow companies. We’re already seeing that with the innovation center that Mayo has put in and UNF
File image
JAX Chamber President and CEO Daniel Davis says he considers Las Vegas a leader in adopting smart city technology.
Downtown.” Dublin-based autonomous vehicle manufacturer APTIV deployed 30 autonomous vehicles throughout Las Vegas in a partnership with ridehailing app Lyft. Davis used the APTIV system. For Jacksonville, he sees JTA’s U2C concept as a more viable option for autonomous transportation, expanding and retrofitting the Skyway mass transit system. “I think the direction we’re headed is a little more realistic, because it’s going to help move people in Downtown and repurpose the existing Skyway in a looped system,” Davis said. BAY STREET TRANSPORTATION
City Council Finance Committee Chair Aaron Bowman introduced legislation to Council on Aug. 13 to designate a 3-mile stretch of Bay Street from JTA’s Jacksonville Regional Transportation Center under construction
in LaVilla to TIAA Bank Field and the Sports Complex as the “Bay Street Innovation Corridor.” If approved, Ordinance 2019-0556 will direct the city and senior management of JEA and JTA to develop policies for the promotion and adoption of new transportation systems, like the U2C, and communication infrastructures and technologies. The goal of the corridor declaration is similar to what Las Vegas has in play — an array of sensors that can monitor weather, flooding, pedestrian movements, traffic flow, traffic signals, parking availability and other conditions which “will enhance mobility and livability in the downtown area,” the legislation states. According to the bill, the innovation corridor will use JEA’s existing dark fiber infrastructure to provide highspeed communication lines to transmit transportation data. Jacksonville’s public utility owns 650 route miles of fiber with expansion underway. With JEA leadership exploring privatization or recapitalization of the public utility, it’s unclear if the city or a private company will control the fiber infrastructure as the innovation district comes online. JEA CEO Aaron Zahn and Chief Customer Officer Kerri Stewart traveled to Las Vegas with the chamber as did regional leaders from Florida-based private utility companies Florida Power & Light Co. and TECO. TECO Peoples Gas sent
Regional Manager Jason Roth. External Affairs Manager Jim Bush represented FPL. FPL President and CEO Eric Silagy said Aug. 16 the utility was interested in placing a bid for JEA. ATTENDEES BY THE NUMBERS
Of the 134 chamber members on the Las Vegas trip, 10 were city government officials — council members; staff; and JTA and JEA senior management. For-profit companies paid $3,600 per person. Government and nonprofit representatives were charged $3,500. Council was represented by President Scott Wilson and District 5 member LeAnna Cumber. Bowman registered as a representative of JAXUSA Partnership, where he’s senior vice president of business development, and Council member Rory Diamond attended as the CEO of K9s for Warriors. JAXUSA is the economic development division of JAX Chamber. City Deputy Chief Administrative Officer Stephanie Burch and Kirk Wendland, executive director of the Office of Economic Development, also attended. From the city’s independent authorities, Zahn and Stewart were joined by JTA CEO Nat Ford and Government Affairs Director Jessica Shepler.
MMENDENHALL@ JAXDAILYRECORD.COM @MIMENDENHALL (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, October 3, 2019 • Page 5
32 Rogers Towers attorneys were named to The Best Lawyers in America© 2020: LITIGATION
BUSINESS & TAX
A. Graham Allen
Commercial Litigation Mass Tort Litigation/Class Actions – Defendants
Betsy C. Cox
Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law Elder Law (with an emphasis in Trusts, Estates and Guardianship Litigation)
REAL ESTATE
J. Kirby Chritton
Christine T. Adams
Banking and Finance Law Mergers and Acquisitions Law
Real Estate Law
Susan B. Bloodworth
E. Allen Hieb, Jr.
Real Estate Law
Tax Law International Mergers & Acquisitions
C. Davis Ely Real Estate Law
Beverly A. Pascoe Health Care Law
Gabriel Crafton
Commercial Litigation
Edward L. Kelly
Real Estate Law Banking and Finance Law Litigation – Banking and Finance
Irvin M. Weinstein Municipal Law
John A. Delaney
Commercial Litigation
H. Joseph O’Shields
LABOR & EMPLOYMENT
Fred D. Franklin, Jr.
Real Estate Law
Eric J. Holshouser
Commercial Litigation Litigation – Banking and Finance
Christopher C. Hazelip Commercial Litigation Litigation - Healthcare Litigation - Insurance
Employment Law - Management Labor Law - Management Litigation - Labor and Employment
William E. Scheu
Robert G. Riegel, Jr.
Real Estate Law
Real Estate Law
John T. Sefton
Employment Law - Management Labor Law - Management Litigation - Labor and Employment
Scott J. Kennelly
Commercial Litigation
Edward McCarthy, III
Commercial Litigation Product Liability Litigation - Defendants
Mark S. Mitchell
Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law Commercial Litigation
James M. Riley
Commercial Litigation Eminent Domain and Condemnation Law Litigation – Banking and Finance
Cristine M. Russell
Appellate Practice Commercial Litigation
REGULATORY Ellen M. Avery-Smith
CONSTRUCTION
Environmental Law Land Use and Zoning Law Litigation – Land Use and Zoning
G. Kenneth Norrie
Construction Law Litigation - Construction
Wyman R. Duggan
Cheryl L. Worman
Administrative/ Regulatory Law Land Use and Zoning Law Litigation – Land Use and Zoning
Construction Law
PERSONAL SERVICES
Theodore R. Hainline, Jr.
Sandra J. Mathis Family Law
Land Use and Zoning Law Real Estate Law
Nawal B. McDaniel
Emily G. Pierce
Trusts and Estates
Land Use and Zoning Law
5 Rogers Towers attorneys named Best Lawyers® 2020 “Lawyers of the Year” in Jacksonville:
Wyman R. Duggan Litigation – Land Use and Zoning
Christopher C. Hazelip Litigation – Insurance
Edward L. Kelly
Banking and Finance Law
G. Kenneth Norrie Construction Law
Cristine M. Russell Appellate Practice
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. According to Best Lawyers®, lists are compiled based on exhaustive peer-evaluation in which tens of thousands of leading lawyers confidentially evaluate their professional peers. Lawyers are not permitted to pay any fee to participate in or be included in the lists. Best Lawyers® also awards individual lawyers with the highest overall peer-feedback for a specific practice area and georgraphic region. Only one lawyer is recognized as the “Lawyer of the Year” for each specialty and location.
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Page 6 • Thursday, October 3, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE BASCH REPORT
Homebuilders upgraded on strong demand More good news on the housing market last week came from Jacksonville-based mortgage technology company Black Knight Inc. Black Knight said 36,200 U.S. mortgage loans began the foreclosure process in August, the lowest number of monthly foreclosure starts since December 2000. It also said the number of loans in active foreclosure was 253,000, the fewest since 2005.
MARK BASCH CONTRIBUTING WRITER
As construction jobs rebound in North Florida, analysts say KB Home, Lennar Corp. and Toll Brothers will benefit from low mortgage rates.
Construction job growth was 8% in August, according to the Florida Department of Economic Opportunity.
Home construction is a major growth engine for the Jacksonville area, so when construction jobs in Northeast Florida suddenly declined last winter, it was a troubling sign for the economy. However, as summer ended, the homebuilding market pointed up again. The latest payroll data for the Jacksonville area showed a surge in construction jobs in August. Last week, analysts at Raymond James upgraded their ratings on four companies that build homes in the market. “While improving demand amid lower mortgage rates is hardly a secret by now, we are compelled to make a move
now after fully reviewing the mosaic revealed from our Top 25 homebuilding market analysis,” the analysts said in their report. “In our view, the August data demonstrated a decided (and perhaps under-appreciated) inflection in supply and pricing conditions, revealing a far more bullish backdrop for homebuilders into year-end.” In February and March, Jacksonville area construction companies reported a decline in jobs over the previous 12 months, according to the Florida Department of Economic Opportunity. That was the first year-overyear decline in construction
Rayonier AM reaches debt agreement
File image
jobs since 2012 and followed double-digit percentage gains in jobs in the winter of 2018. By August, construction job growth was back to 8% in Northeast Florida, the state agency reported. Meanwhile, August data from some of the nation’s top markets prompted the Raymond James analysts to upgrade their ratings on KB Home, Lennar Corp. and Toll Brothers Inc. from “market perform” to “outperform.” They also rated MDC Holdings Inc. as a “strong buy.” Although they are bullish on the industry, the analysts said those stocks have been valued below their peers and have
more room to increase in price. “Are we chasing the stocks here? Yes, we are. Guilty as charged. But we think perhaps better late than never,” they said. “We believe the data is now crystal clear. Homebuyers have responded in force this summer to the opportunity afforded by unexpectedly low mortgage rates, wholly shrugging off any potential concerns about the macroeconomic or political climate.” The analysts said the inventory of available homes is shrinking. “Buyers have been snapping up homes at a quickening pace, particularly at entry-level price points,” they said.
Rayonier Advanced Materials Inc. previously said it could be in breach of loan covenants at the end of the third quarter. It announced Monday it reached an agreement with lenders to avoid that. The Jacksonville-based maker of cellulose specialties products said lenders agreed to several amendments Boynton to alter the terms of its debt. “We believe we now have the runway to manage the business through these challenging economic conditions, enabling us to emerge financially stronger and able to realize the earnings potential of our business,” CEO Paul Boynton said in a news release. Rayonier AM disclosed the possible breach in its mid-
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Jacksonville Daily Record/Jacksonville Record & Observer year financial report as it reported losses of $37 million for the first six months of the year. The company said price declines for commodity products have affected results. The company already had taken steps to conserve cash, including suspending dividend payments on its common stock last month. Rayonier AM had been paying 7 cents a share in dividends each quarter and will save $18 million a year that it would be paying out at that rate.
Mixed third quarter for stocks Rayonier AM’s announcement came after the final closing bell of the third quarter Monday afternoon, too late to help a stock that was the worst performer among Jacksonvillebased companies. Rayonier AM dropped to record lows after its financial report and ended the third quarter down 33%. In a quarter when the overall markets went up and down but ended little changed, Jacksonville companies produced mixed results as well. Nine stocks finished higher, nine were lower and one was unchanged. Among stocks trading above $1, the best performers were the two Fidelity companies: Fidelity National Financial Inc. and a company it spun off, Fidelity National Information Services Inc., or FIS. Fidelity National Financial rose 10% in the quarter, remaining steady even after its proposed merger with another title insurance company, Stewart Information Services
Corp., was rejected by antitrust regulators last month. Bank technology company FIS benefited from its acquisition during the quarter of payments processing company Worldpay Inc., rising 8%. The Dow Jones industrial average and S&P 500 index both rose 1.2% in the third quarter.
Analyst sees growth for Ameris Piper Jaffray analyst Brett Rabatin last week lowered his earnings estimates for Ameris Bancorp following its acquisition of Fidelity Southern Corp., but he expects to see growth from Ameris once the dust settles. “We are more comfortable thinking that pushback around a sizable deal (Fidelity Southern) will fade over the next few quarters,” Rabatin Rabatin said in a research note. “We continue to believe Ameris has significant opportunities in Atlanta and Florida to post solid growth over the next year, and profitability should be stronger than peers.” The acquisition of Atlantabased Fidelity Southern, completed July 1, coincided with the resignation of CEO Dennis Zember and appointment of Fidelity Southern President Palmer Proctor as Ameris’ new CEO. Rabatin said the merger and CEO change created “substan-
Thursday, October 3, 2019 • Page 7 tial noise” among investors, but he doesn’t expect any more acquisitions by Ameris and thinks the company will generate strong returns once Fidelity Southern is integrated. “While we do not think of Ameris as a seller, the franchise over the next two years should be more dearly valued given its geographic positioning in attractive markets,” he said. Rabatin lowered his earnings estimate for this year by 20 cents to $3.87 a share and because of the lower forecast, he reduced his price target on the stock by $1 to $46, with the stock priced at $39.59 at the time of his report. He maintains an “overweight” rating on the stock. Ameris officially is headquartered in Moultrie, Georgia, but its executive offices are in Jacksonville.
Converged Communications is acquired
The Cook & Boardman Group announced Monday it acquired Jacksonville-based Converged Communications Inc., a technology solutions company founded in 1985. Terms of the deal were not disclosed. Winston-Salem, North Carolina-based Cook & Boardman is a specialty distributor of commercial door entry and systems integrations services. The company said Converged Communications will operate as a division of its A3 Communications subsidiary.
MBASCH@ JAXDAILYRECORD.COM
Special to the Daily Record
The East San Marco Publix grocery store would be on the second floor of a two-story building with parking on the ground level.
Publix CONTINUED FROM PAGE 1
The Publix-anchored center is at Atlantic Boulevard and Hendricks Avenue across from historic San Marco Square. Regency Centers wants to develop 35 multifamily units among five buildings at Atlantic Boulevard, Minerva Avenue and Arcadia and Alford places. Regency Centers applied Sept. 27 to the Jacksonville Planning
and Development Department to rezone the property to supersede the approved 2014 plan that allowed for 57,000 square feet of retail stores but up to 280 apartments. The deal, in discussion since 2002, faced delays from ownership changes, the recession and the decision by a partner to pull out of the project. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
Special to the Daily Record
The East San Marco shopping center would feature retail stores and restaurants facing Atlantic Boulevard and Hendricks Avenue.
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Page 8 • Thursday, October 3, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
HEALTH & BUSINESS
Resility Health born from search for stress relief
KATIE GARWOOD STAFF WRITER
The company founded by Sarah Davidson is part of PS27 Ventures and two other accelerators. After years of chronic, lowgrade back, neck and shoulder pain and ineffective treatments, Resility Health founder and CEO Sarah Davidson realized that it wasn’t caused by a health issue, but by stress. It wasn’t until she tried biofeedback training that she found relief. It helped her see how her body responded to stressful situations, and helped her learn to physically respond to stress. Even that became expensive and inconvenient. In 2016, she realized she could create a convenient alternative. “You don’t have to go in and be wired up to six sensors to be able to get that biofeedback and figure out what’s happening in your body,” Davidson said. “It was really just a matter of seeing that there was a gap in
the market. I just thought this could be made so much easier if people can just do it on an app,” she said. Resility Health produces a wearable device that tracks muscle tension using its smartphone app and offers a subscription service that includes the virtual coaching and personalized lessons and exercises. The wearable is designed to go on the user’s shoulder for a few hours a day. It relays data via Bluetooth to the Resility app, which notifies the user when muscle tension increases past a certain point. The wearable is $289. A monthly subscription that includes tracking and coaching starts at $49. Davidson Davidson has sold the product to individual buyers, brought the technology to train corporate groups, and recently rolled out a program designed for children and teens. Davidson said the product does well in the corporate and teenage markets, even though the two seem different. In a 2018 American Psychological Association survey, teens reported the highest levels of anxiety compared to other age groups. As Davidson said she knows from working for 11 years at IBM, the corporate world can be stressful.
HOW IT WORKS Resility Health produces a “wearable” that tracks muscle tension on the company’s smartphone app.
That made the two groups ideal audiences for the Resility product. She said there are more than 1,000 active users of the app. Most of the growth has been by word-of-mouth. She declined to disclose sales. With more users, Davidson said she and her team are able to refine and update the technology and algorithms used in the wearable and app. Before founding Resility Health, Davidson held senior positions in marketing at IBM. Before that, she founded two companies, an import/
export company in China and an ecotourism travel agency in the states. She met Jim Stallings, CEO of PS27 Ventures, when she was vice president of marketing at One Spark, a crowdfunding festival. She then went to work for Stallings at PS27 helping companies market themselves. Making the switch back to entrepreneurship wasn’t easy, but after market research, she felt the risk would be worth it to pursue Resility Health. “I spent some time thinking about the strategy and the need before I jumped into this, just
because I think coming back to entrepreneurship after I was in my 20s before – I had no fear. I had to really make sure that it’s something I was ready to commit to for an extended period of time,” Davidson said. Resility was part of GuideWell Innovation’s Emerging Health Tech Accelerator program this summer, dedicated to early-stage, female-owned health technology businesses. It’s also a member of the Tampa Bay Wave TechDiversity accelerator, which helps women and minority-owned tech businesses launch their companies. Resility employs 12 people, she said. Many work remotely, including clinical adviser Ronald Siegel, an assistant professor of psychology at Harvard Medical School, and several business and technology advisers, communications staff and a software engineer. Davidson said the company is working on integrating the app with Apple Health and the Apple Watch, but the main focus is on refining the product and using data to improve the algorithms. “There’s been this disruption in almost every industry to make things more convenient, more accessible,” Davidson said. “We’ll deliver something that gets really great results in a better way for people.” KGARWOOD@ JAXDAILYRECORD.COM (904) 356-2466
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Ackerman CONTINUED FROM PAGE 1
his patients need. “That’s the thing that physicians typically don’t do, but other entrepreneurs do, is take the risk and he does a great job with that,” said Joshi, Ackerman’s friend and a private practitioner. “That’s the kind of thing I want to do more of in my practice.” Having the freedom to take those risks is one of the reasons Ackerman started his private practice in 1997. In the winter of 1987, Ackerman came to Jacksonville from New York. He left freezing rain for warm temperatures and “the most beautiful hospital” he’d ever seen: St. Vincent’s Hospital in Riverside. He came to town to interview for a job, and he didn’t take long to decide he wanted to stay. In addition to the cold weather, the Northeast was “saturated” with doctors in the 1980s – another reason why he wasn’t keen on staying. The visit to St. Vincent’s in the Riverside area was pivotal. “I walked outside onto the river. There are palm trees. The river was kind of flat and still that night,” Ackerman said. “I didn’t wear a coat and I said, ‘This is for me. This is where I want to be.’ And so that was it.” Ackerman started at the hospital in 1988 as a radiation oncologist. St. Vincent’s had just acquired Riverside Hospital, which is where the Publix Super Markets-anchored shopping center sits on Riverside Avenue. To compete with the area growth of HCA Healthcare, St. Vincent’s and Baptist Health merged in 1995. The combined
company cut funding throughout the system, Ackerman said. That meant some departments, like radiation oncology, weren’t getting what he thought was needed to provide the best care to patients. “I felt like I didn’t have the ability to really develop kick-ass radiation practices like I wanted to,” Ackerman said. “I mean, that was my life goal when I decided I wanted to go into radiation oncology. My goal was to provide high-quality, patientcentered care. I just felt that it was cumbersome to do within the institutional setting,” he said. In 1997, Ackerman left his job as chief of radiation oncology at Baptist St. Vincent’s and opened First Coast Oncology, allowing him to practice the way he wanted. The St. Vincent’s and Baptist Health merger was called off in 2000. “I would be unencumbered by committees and hospital administrators to identify and purchase equipment that’s required to provide the level of care that I want, that I’d be proud of, to take care of my patients,” he said. First Coast Oncology later became Ackerman Cancer Center. It’s in Mandarin along San Jose Boulevard, south of Interstate 295. He opened a second location in 1998 on Amelia Island. Ackerman Cancer Center has about 100 employees, including six doctors, across its two locations. The practice gets referrals from other area specialists. Because it only treats patients with radiation, Ackerman Cancer Center refers patients to other oncologists who perform chemotherapy or surgery. Ackerman said being an independent facility benefits his patients because he has the freedom to work with area hospitals. His practice is about collabora-
Thursday, October 3, 2019 • Page 9
Special to the Daily Record
Scot Ackerman launched his practice in 1997 in Mandarin and opened a second location in 1998 in Amelia Island. The Ackerman Cancer Center has about 100 employees and six doctors.
tion rather than competition with other providers that tend to be vertically integrated. “We don’t have that luxury of having this built-in silo. But what we do have is independence, which allows us to work with all of them and being in sync and working with all of them has helped us to grow,” Ackerman said. Jennifer Maggiore worked at Ackerman Cancer Center for 17 years in patient services before becoming executive director of the National Association of Proton Therapy in August. She said it’s becoming rare to see physicians own their practices, and more uncommon for those practices to incorporate technology like proton therapy. “There’s not as many physi-
cians that have the drive and passion to really put that technology in because it is a costly investment. So it’s easier if you’re part of the capital of a hospital,” Maggiore said. “There’s not many who are as creative or bold as Dr. Ackerman,” she said. UF Health Proton Therapy Institute, a nonprofit academic health care center, has the area’s largest proton therapy center with four proton systems. Mayo Clinic, a nonprofit system, announced this year it would add a proton beam to its Jacksonville campus by 2023. In August, Ackerman was appointed to the Florida Board of Medicine by Gov. Ron DeSantis. The board oversees the quality of
medical care in the state. “I feel really good about that,” he said. “It’s just a natural progression. It reaffirms that what I’ve been doing in the past has been perceived as valuable and helpful to people.” As for the future of his practice, Ackerman, 61, said not much will change. “I just want to continue to see our practice do well,” Ackerman said. “We’re not looking to grow much. We’re just looking to continue to provide patient-focused, patient-centered quality care to cancer patients. I’m just going to do what I’m doing.” KGARWOOD@ JAXDAILYRECORD.COM (904) 356-2466
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Page 10 • Thursday, October 3, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. OFFICE, BANK, PROFESSIONAL Florida Blue-GuideWell, 8001 Baymeadows Way, contractor is Tenant Contractors Inc., tenant build-out, $716,747. Talara Investment Group LLC, 200 W. Forsyth St., contractor is Ash Construction LLC, 12,990 square feet, tenant build-out, $68,912.
Ford
Jacksonville University announced six members will join its 28-member board of trustees. Jannet Walker Ford is the vice president of government relations at Cubic Corp. Matt Kane, a 2001 JU graduate, is the founder and a board member of Greenshades Software. He served on the JU trustees board from 2009-18. John J. Miller is the president of Swisher International. Audrey Moran, a 2010 JU graduate, is a personal insurance division account director for the Harden insurance, risk management, and employee benefits firms. Her father, Andrew Francis Moran, served as a JU trustee from 2006-15. Dr. Kent Thielen is CEO of Mayo Clinic in Jacksonville and vice president of Mayo Clinic based in Rochester, Minnesota. Nina Zuccaro Waters, a 1980 JU graduate, is president of The Community Foundation for Northeast Florida.
RESTAURANTS Q Delicias, 3980 Southside Blvd., No. 201, contractor is PIJ Builders LLC, tenant build-out, $23,330. SCHOOL, LIBRARY, OTHER EDUCATIONAL Rebuilding Ex-Offenders Successfully Through Rehabilitation Opportunities & Education Inc., 1024 Hood Ave., contractor is A.J. Anderson Construction LLC, 1,716 square feet, new building, $100,000. SIGNS Cabinets, Pavers, 2970 Plummer Cove Road, contractor is Taylor Sign & Design Inc., four permits for awning signs, $4,800. Angel Aid Thrift Store, 3851 Emerson St., No. 1, contractor is Taylor Sign & Design Inc., two permits for wall signs, $4,600. MI Motion Industries, 2653 Port Industrial Drive, contractor is Taylor Sign & Design Inc., wall sign, $2,100. Pizza Hut, 4549 Southside Blvd., No. 103, contractor is Taylor Sign & Design Inc., wall sign, $1,800. AT&T, 10920 Baymeadows Road, No. 27, contractor is Taylor Sign & Design Inc., wall sign, $1,450.
The board of the St. Johns Cultural Council named Christina Parrish Stone the council’s executive director starting Dec. 1. She is executive director of Friends of Hemming Park, was executive director of Springfield Preservation and Revitalization Council and has been an attorney for more than 20 years.
Thielen
Waters
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bers in need and pursues community involvement. She organized events that raised $12,000 for Give Kids the World. Healogics appointed Rob Doll chief marketing officer. Doll will report to CEO David Bassin. Gov. Ron DeSantis appointed Jason Raymond of St. Augustine to the Florida Cybersecurity Task Force. Raymond is vice president and Doll chief information security officer for GuideWell and Florida Blue. He is one of eight appointments to the panel, which will review and assess the state’s cybersecurity infrastructure, governance and operations. Gov. Ron DeSantis appointed Renee Knight of Middleburg to a four-year term on the Florida Commission for the Transportation Disadvantaged. Knight is vice president of community services at ElderSource and is a member of the St. Johns County Coordinating Board.
Stone
The Florida Restaurant & Lodging Association recognized Karen Padgett, sales and catering coordinator at Doubletree by Hilton Hotel Jacksonville Riverfront, as the 2019 Hotel Employee of the Year. Padgett joined the industry in 2007. At the hotel, she serves on the DoubleTree CARE Committee, which assists staff mem-
Compiled by Scott Sailer
Foreclosure
Moran
Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@jaxdailyrecord.com
Panther Creek Preserve LLC, 1480 Chaffee Road S., contractor is Links Management LLC, 2,300 square feet, demolish three buildings, $400,000.
Probate
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PEOPLE ON THE MOVE
OTHER
Personal Injury
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Mark LaBorde joined the Baptist Medical Center Jacksonville board of directors. Laborde retired in 2017 from Aetna, where he was senior vice president and head of enterprise sales, product and marketing. Compiled by Scott Sailer
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Thursday, October 3, 2019 • Page 11
NAIOP OCTOBER BREAKFAST MEETING
Navigating the COU Process with the City of Jacksonville Certificates of Use are required for all new or expanding businesses in the City of Jacksonville. Please join us for breakfast with representatives from the City’s Fire, Building and Zoning Departments to discuss the application and review process. This is a great opportunity to have your questions answered and issues addressed. We are excited to bring this extremely informative discussion to our membership and guests.
Wednesday, October 16th 8:00am – Registration & Networking 8:30am – Breakfast served
Trey Wilson, Moderator
City Panelists: Max Harlow,
8:55am – Program Begins
Zoning Department
The River Club
Peter Levy & Chuck Gibson
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Building Inspection Department
James Groff,
Fire Prevention Department
Registration/pay online www.naiopnefl.com/event Registration Deadline: Friday, October 11th at Noon For more information contact Carmel Buchanan, 904/730-8075 or naiopnefl@comcast.net NAIOP Members: $25 | Non-Member/Guest: $40 VIP Table of 8: $250 for NAIOP Members | $400 for Non-Members (Includes table signage and preferred seating)
No Cancellations will be accepted or refunds given after Friday, October 11th at Noon.
Page 12 • Thursday, October 3, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE SAILER REPORT
Planners to consider five residential developments hotel. It also proposes to add up to 100,000 square feet of senior living and medical based facilities, or another hotel or motel, or up to 85 multifamily units, or a combination. It also could add retail uses if it seeks a zoning exception. The property is at southwest Interstate 95 and Airport Road. SCOTT SAILER STAFF WRITER
Decisions would require City Council approval before taking effect. The Jacksonville Planning Commission will consider five applications for residential developments at its 1 p.m. meeting today in City Council Chambers in City Hall at 117 W. Duval St. Downtown. Planning Commission rezoning decisions are recommendations. The decisions require approval by the City Council Land Use and Zoning Committee and the full council before taking effect. The applications are: EAGLE LANDINGS
Ponte Vedra Beach-based Blue Sky Jaxap LLC and Eagle Landings of Jax LLC propose to rezone the Crowne Plaza Jacksonville Airport Hotel property at 14670 Duval Road to a planned unit development. The group, led by manager Gregory Morris, plans a 28.86acre mixed-use development that it calls Eagle Landings. It wants to renovate the
CAPITAL PARK EAST
D.R. Horton Inc. proposes to rezone 16.99 acres north and south of Airport Center Drive East at New Berlin Road from one PUD to another. It proposes 140 townhomes, called Capital Park East, on 12.92 acres on the north parcel and 87,000 square feet of neighborhood commercial use on the 4.07-acre south parcel. The existing PUD, approved in 2002, was not fully developed. In 2004, the Jacksonville Transportation Authority bought the undeveloped portion of the PUD to realign Airport Center Drive East, dividing the property.
GULFSTREAM JACKSONVILLE
Gulfstream Jacksonville LLC wants to rezone 32.43 acres at northwest Collins Road and I-295 to a PUD to allow up to 108 townhomes and 330 apartments. Apartments will comprise 11 three-story buildings with one-, two- and three-bedroom units. Townhomes will comprise 17 three-bedroom units in two- and three-story buildings. The Gulfstream development proposes a community com-
REAL ESTATE NOTES D.R. Horton plans subdivision in Clay: The St. Johns River Water Management District is reviewing plans by D.R. Horton for a 379-lot subdivision, Willow Springs, on Clay County Road 315, northwest of Green Cove Springs. Clay County approved rezoning the 220acre property in November 2018, revising the 2015 planned unit development. The Water Management application is for 164 of the 220 acres. Zoning was approved for up to 403 single-family lots and 5 acres of commercial use. Public records indicate the property is owned by Orange Park-based Peters Creek Investments LLP, associated with Reinhold Corp. The civil engineer is Dunn & Associates Inc. JAX Ventures permits in review: Summit Contracting Group Inc. applied to the city for a building permit for the foundation and construction of the eight-story, 184-unit Jax Ventures Residential project at 841 Prudential Drive. Ventures Development Group LLC of St. Augustine is the developer. Amare Vita in review for Southside: The city is reviewing a building permit for the 169unit Amare Vita Independent Living project on 10660 Validus Drive in Southside at a cost of almost $27.9 million.
plex with recreational facilities and offices serving the townhomes and apartments. Gulfstream LLC is based in Palm Beach County. RICKER ROAD; JULINGTON CREEK ROAD
Jacksonville-based Ricker AFC LLC, led by Christopher
File image
An artist’s rendering of the JAX Ventures project on the Downtown Southbank.
Jacksonville Independent Living LLC, led by Tony Baxter of Fort Madison, Iowa, is the owner. PRDG LLC of Dallas is the architect and England-Thims & Miller Inc. of Jacksonville is the civil engineer. Baxter Construction Co., led by Baxter, is the contractor. The three-story property will comprise 227,295 square feet of space. The St. Johns River Water Management District is reviewing a permit application for the project on almost 10.2 acres along Burnt Mill Road.
Funk, proposes to rezone 4.28 acres at 4040 Ricker Road to PUD to allow the development of 60 fee-simple residential units among 15 four-unit buildings. Multiple property owners applied jointly to rezone 13.4 acres along the north side of Julington Creek Road, west
of Aladdin Road, from rural residential-acre, requiring minimum one-acre lots, to residential low density-80, requiring only 8,800 square feet per single-family lot. SSAILER@ JAXDAILYRECORD.COM (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, October 3, 2019 • Page 13
BY SCOTT SAILER • STAFF WRITER
File image
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 Sept. 23-27. DUVAL
DUVAL
DUVAL
DUVAL
DUVAL
$42,266,401
$32,500,000
$31,500,000
$23,300,000
$20,675,000
6651 Gate Parkway, Jacksonville
4813 Florida Club Circle, Jacksonville
3947 Boulevard Center Drive, Jacksonville
9950 and 9980 Southside Blvd., Jacksonville
4190 Belfort Road, Jacksonville
Type: McKesson Corp. headquarters Size: 7.73 acres Buyer: RCS Southside Quarter LLC Seller: SSQ Office 1 LLC
Type: Florida Club at Deerwood apartments Size: 10.57 acres Buyer: CA Florida Club Owner LLC Seller: FL Club Jacksonville Investors LLC Previous sale: $24,750,000 in 2015
Type: Midtown Centre Office Park Size: 49.28 acres Buyer: Midtown Centre Office LLC Seller: Midtown Centre LLC
Type: The Shoppes at Southside Size: 12.59 acres Buyer: GC Jax Owner LLC, Brickell Southside 26 LLC and Core Southside Owner LLC Seller: BRE Retail Residual Owner LLC Previous sale: $24,989,200
Type: Enterprise Park office Size: 17.71 acres Buyer: TGLRC Belfort Portfolio LLC Seller: LSOP 3 FL 5 LLC Previous sale: $23,000,000 in 2014
DUVAL
DUVAL
CLAY
DUVAL
DUVAL
$14,100,000
$9,249,100
$3,375,000
$3,270,492
$3,265,000
1706 Art Museum Drive, Jacksonville
12300 Presidents Court, Jacksonville
2031 Town Center Blvd., Fleming Island
13710 Beach Blvd., Jacksonville
9700 Touchton Road, Jacksonville
Type: Midtown Oaks Apartments Size: 10.44 acres Buyer: Midtown Oaks Property Owner LLC and Midtown Oaks Property Owner 2 LLC Seller: 1706 Art Museum LLC Previous sale: $5,240,000 in 2013
Type: Standard Precast Inc. Size: 50.24 acres Buyer: G and I IX Apollo FL LLC Seller: Store Master Funding XIV LLC Previous sale: $7,500,000 in 2016
Type: Primrose School of Fleming Island Size: 1.49 acres Buyer: Sunshine State Early Ed LLC Seller: Double L Enterprises III LLC Previous sale: $1,935,000 in 2016
Type: Commercial Size: 0.99 acres Buyer: Central Diagnostic Laboratory Seller: Everstar Income & Value Fund V LP Previous sale: $2,720,100 in 2014
Type: 121 Financial Credit Union Size: 2.83 acres Buyer: First Federal Bank Seller: 121 Financial Credit Union
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The new McKesson Corp. headquarters at 6651 Gate Parkway sold for $42.27 million.
Page 14 • Thursday, October 3, 2019
The Bar Bulletin
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
INSIDE
COMMENTARY Special to the Daily Record
From Left, Florida 1st District Court of Appeals nominees Gilbert Feltel Jr., assistant city general counsel and chief legal counsel to the Jacksonville Port Authority; 4th Judicial Circuit Judge Eric Roberson; and Cristine Russell, a partner with Rogers Towers.
FROM THE THEPRESIDENT PRESIDENT
SHOW YOUR SUPPORT Will the 4th Circuit be properly represented on the 1st DCA? Here’s how you can help your fellow JBA members.
ELIZABETH FERGUSON JBA PRESIDENT
T
here has been much discussion in the past few years about whether the 4th Judicial Circuit is properly represented on Florida’s 1st District Court of Appeals. With two vacancies slated to be filled by Gov. Ron DeSantis by Nov. 2, this issue has come to a head. The 1st DCA serves 32 counties in North and West Florida from Nassau to Escambia counties. Those 32 counties
have about 3.26 million residents. Only two of the 13 justices (Justices Scott Makar and Harvey Jay), 15%, came from the 4th Circuit. Is this enough? How can we evaluate this? Let’s look at demographics and caseload. The 4th Circuit comprises Clay, Duval and Nassau counties. It has about 1.2 million residents, or 37.8% of the population in the 1st DCA. The 4th Circuit has more residents than the 2nd, 3rd, 8th and 14th circuits combined. The 1st Circuit is the only one that comes even close to the 4th Circuit in terms of residents, with a population of about 760,000. Also, according to the 1st DCA online docket, about 33% of the appeals heard by the 1st DCA arise out of the 4th Circuit. Looking at these numbers, it’s clear the 4th Circuit is wholly underrepresented on the 1st DCA. What can we as attorneys in the 4th Circuit do to help? Show our candidates
some support. From the pool of 26 applicants, seven were from the 4th Circuit. That pool was narrowed by the 1st DCA Judicial Nominating Commission to nine nominees, of which the 4th Circuit has three representatives: city Assistant General Counsel Gilbert Feltel Jr., Circuit Judge Eric Roberson and Rogers Towers partner Cristine Russell. All of the 4th Circuit applicants are members of the Jacksonville Bar Association. Show them and the 4th Circuit your support by sending letters on behalf of the applicants to: Joseph Jacquot, general counsel State of Florida, Office of General Counsel 400 S. Monroe St. Tallahassee, FL 32399-6536 Elizabeth Ferguson is a shareholder with Marshall Dennehey Warner Coleman & Goggin focusing on construction litigation.
Preparing for the inevitable We have an ethical duty to plan for a future that we cannot control. PAGE 16
COMMENTARY
The end of the LIBOR The LIBOR is the most common reference rate used for short-term floating rate financial contracts and adjustable-rate loans, and it’s being phased out. PAGE 17
COMMENTARY
Enough with the mansplaining The rude, condescending chauvinistic behavior is selfdestructive and we engage in it to our detriment. PAGE 18
PRO FROMBONO THE PRESIDENT
Celebrate pro bono efforts in Northeast Florida Oct. 20-26 is Pro Bono Week in Jacksonville.
MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR
The need for pro bono legal services in our community is vast. For seniors, people with disabilities and families with limited resources, a legal issue can lead to loss of a home, unemployment, ill health and poor school performance for children. With the Oct. 20-26 Celebrate Pro Bono Week approaching,
attorneys are encouraged to get involved and assist with a case or outreach event. The American Bar Association states the purpose of Celebrate Pro Bono Week is to recognize the service of attorneys providing assistance to low-income people, to recruit more volunteer attorneys and to build awareness of free legal services. The designation was established in 2009 by the ABA, and the local legal community has been an active participant each year.
We have planned a monthlong schedule of events and opportunities: Florida Pro Bono Matters and No Case Left Behind Members of the Large Firm Pro Bono Roundtable rally attorneys in their firms to take a case. The goal is to “clear the backlog” and accept at least 50 cases in the weeks leading up to and including Celebrate Pro Bono Week. Cases will be identified by
Jacksonville Area Legal Aid, the Northeast Florida Medical Legal Partnership, Three Rivers Legal Services and the Veterans Legal Collaborative. For more information, email missy.davenport@jaxlegalaid. org or call (904) 356-8371, ext. 363. Attorneys also are encouraged to go to floridaprobonomatters. org and use the county dropdown menu to choose a northSEE PRO BONO, PAGE 18
The Bar Bulletin
Thursday, October 3, 2019 • Page 15
JBA CALENDAR COMMITTEE MEETINGS For all meetings, register at jaxbar.org TUESDAY Judicial Relations Noon, Duval County Courthouse TUESDAY Elder Law Noon, Jacksonville Bar Association TUESDAY YLS Chili Cook Off 5:30 p.m., Jacksonville Bar Association OCT. 10 Labor & Employment Noon, Alexander DeGance Barnett, P.A.
File image
This past summer, Dominyka Plukaite and Chloe Clunis interned in the Bryan Simpson U.S. Courthouse in Downtown Jacksonville.
YOUNG LAWYERS
A judicial clerkship
What interns want to know Plukaite
Clunis
Here are some of their questions: VALEEN ARENA YOUNG LAWYERS SECTION BOARD MEMBER
Dominyka Plukaite and Chloe Clunis share their experiences at the federal courthouse. Interns ask so many questions. While we may be inclined as young attorneys to avoid their questions, I encourage all of you to listen. Interns can ask the most direct questions and give us the opportunity to reflect on our career choices. “Why did you become a lawyer?” “If you had it to do over, would you go to law school?” Likely, we all asked similar questions not too long ago. This past summer, Dominyka Plukaite and Chloe Clunis interned in the Bryan Simpson U.S. Courthouse. Plukaite is a second-year law student who interned with U.S. District Judge Brian Davis. She hopes to work in Atlanta after graduation, although I keep trying to convince her to move to Jacksonville if for nothing else the Taylor Tacos food truck in Hemming Plaza. Clunis interned at the Office of the U.S. Attorney and will graduate this fall.
What daily challenges are faced by a judicial law clerk? The Middle District of Florida is one of the busiest districts in the nation. Learning to prioritize and work independently is a daily challenge. I am fortunate to work with an intelligent co-clerk who trained me well. What legal writing or lawyering mistakes do attorneys submit to the Court? By far, the most common mistake I see is failing to comply with the consulting requirements in Local Rule 3.01(g). It is as if opposing attorneys dislike communicating with one another. I also see attorneys taking personal jabs at each another in their respective filings, which is frowned upon. What are the advantages and disadvantages of clerking immediately after law school versus midcareer? Having litigated for approximately two years prior to clerking, it is advantageous to have a general understanding of litigation. My litigation experience allows me to appreciate the talent behind legal strategies and well-drafted motions. Alternatively, clerking immediately after law school provides an opportunity to learn how to write and develop litigation skills.
THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President Elizabeth Ferguson Marshall Dennehey Warner Coleman & Goggin President-elect Michelle Bedoya Barnett Alexander DeGance Barnett Treasurer Michael Fox Orr Orr | Cook
Secretary Fraz Ahmed Coker Law Young Lawyers Section President Alessandro Apolito Lippes Mathias Wexler Friedman Executive Director Craig Shoup
OCT. 15 Holiday Project Noon, Jacksonville Bar Association OCT. 24 Vintage Lawyers Noon, Harris Guidi Rosner OCT. 25 Franchise, Intellectual Property & Technology Law Noon, Jacksonville Bar Association OCT. 28 Corporate, Business And In-House Counsel Noon, Jacksonville Bar Association
What three skills should a law student develop during law school to excel in a clerkship? Writing, researching and being professional. Writing and researching are taught in law school and lawyers will continue to develop these skills throughout their careers. Being professional is different. Usually professionalism is not demonstrated in isolated grand gestures but in small day-to-day actions over time. Be mindful of your interactions with everyone in chambers or law offices. As Agnes in Judge Davis’s chambers would advise, attorneys’ interaction with chambers and office staff is just as important as interaction with judges and partners. Professionalism applies to everyone. Describe your best or most memorable day as a clerk. Aside from eating tacos with the interns, my most memorable day as a clerk was in 2017, shortly after I started clerking. Judge Davis and I were working closely on challenging issues of law. I had a moment when I thought, “Wow. I am arguing legal issues to a federal district court judge who was appointed by the President of the United States of America. My job is incredible.” It was a brief thought but also the moment when I realized how grateful I am to be a law clerk. Even if you do not have an intern asking you questions about your career path, I encourage you to reflect on why you do what you do every day. Would you go back and change anything? If so, why not change it today?
UPCOMING EVENTS For all events, register at jaxbar.org OCT. 10 YLS Chippin’ In for Charity Golf Tournament Noon, Jacksonville Beach Golf Club OCT. 29 Young Lawyers Section Happy Hour 5:30 p.m., Kanine Social
Valeen Arena is a judicial law clerk for U.S. District Judge Brian Davis.
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
EDITORIAL COMMITTEE Editor-in-chief Kelly Karstaedt Karstaedt & Stanko Editors Iana Benjamin Cordell & Cordell Ashlea Edwards Akerman
Kirsten Oliver
Page 16 • Thursday, October 3, 2019
The Bar Bulletin
COMMENTARY
We must be prepared for the inevitable
SHANNON SCHOTT SOLO & SMALL FIRM COMMITTEE CO-CHAIR
We have an ethical duty to plan for a future that we cannot control. As the co-chair of the Solo & Small Law Firm Committee of the Jacksonville Bar Association, I can tell you that solo and small law practitioners enjoy control as evidenced by our desire to work for ourselves and control our income, calendar and caseload. We are captains of our own ships and masters of our own destinies — or so we think. I recently heard a speaker who said, “control is an illusion.” As I listened, I disagreed. I know firsthand the reward of careful planning, preparation and execution. Things tend to work out in my favor if I can help it. “Sometimes things work out,” the speaker said, “that drives the illusion.” As I listened and reflected on my life, I knew that despite my optimism and extreme internal locus of control, the speaker was right. On June 30, 2016, I cleared my inbox, organized my office and set out my list of things to do when I returned after the long Independence Day weekend. When I returned to my office July 5, I remember feeling what felt like menstrual cramps that morning. That was strange because I was at the time 32 weeks pregnant. I called my doctor and left a message just to be on the safe side. About an hour and a half later, I was sitting in court when I got a call from the doctor’s office, which I ignored. They called right back, so I figured I should step out and take the call. The nurse explained to me that
I was having contractions likely due to dehydration as it was brutally hot. My directive was clear: Go home right then and hydrate. I called my law partner, Belkis Plata, who completely understood why I needed to be out of the office. If I was out, all of the administrative work, phone calls, consultations and my caseload fell to her. She was extremely gracious and understanding. About 36 hours later, my son was born eight weeks early. He then spent 28 days in the neonatal intensive care unit, so I had the opportunity to clear my calendar and finish some work before he came home, which lifted the burden from Belkis. When my son came home in early August, I was totally unavailable. Then Belkis’s dad was diag-
nosed with what we would eventually learn was life-ending cancer that would take him by early November. I knew that she was the one who needed leave and that I needed to put all the logistics into place to give her as much time out of the office as possible. During the second half of 2016, our small firm experienced an unexpected and traumatic birth and then an unexpected and traumatic diagnosis and death. We managed to keep the doors open, the firm profitable and we completed and submitted our applications for board certification in juvenile law with about three weeks’ notice. While I agree that we could not control most of what we experienced that year, we did have control of our firm policies, procedures and practices.
Before I felt my first contraction, we were using cloud-based software so we could access our case files while we held vigil by our loved ones’ bedsides. Before any doctor uttered the word “tumor,” we started accepting payments online and we subscribed to accounting, payroll and case management software that allowed us to keep our finances in order and pay the bills while we sat in hospital rooms during treatments. And of course, we had insurance. Medical injury and death are inevitable. According to the March of Dimes, 10% of women will experience preterm birth. According to the American Cancer Society, 1.76 million Americans will be diagnosed with cancer this year and there will be more than 600,000 cancerrelated deaths. That doesn’t scratch the
surface of unexpected medical emergencies like accidents, car crashes or complications with pre-existing conditions. It’s not a pleasant thought, but we have an ethical duty to plan for a future that we cannot control. For instance, we are required to designate an inventory attorney by Rule 1-3.8(e) to avoid jeopardizing our clients’ claims or actions. We cannot control the future, but we can implement better practices to comply with our legal duties and allow us to be where we need to be for our family when the time comes. Shannon Schott is the managing partner of Plata Schott Attorney & Counselors at Law, a small law firm practicing personal injury, criminal and juvenile law.
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 OCT. 16 From Burnout to Wellness: The Secret to Attaining Work-Life Balance 5:30 p.m., Jacksonville University Topics Include: n Improving work-life balance n Decreasing psychological stress n Increasing social support through activities and mentorship n Improving general health and fitness by monitoring biomarkers of physical and psychological health 1 CLE credit pending accreditation by The Florida Bar Register at jaxbar.org OCT. 24 Legality of Plastic Bans and Hemp Laws Lunch & Learn Noon, North Florida TPO A North Florida Green Chamber event in
conjunction with the JBA Environmental & Real Property Law Committee 1 CLE credit pending accreditation by The Florida Bar
Keep involved in the JBA
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.”
Key reasons to renew your JBA membership 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 monthly 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
Thursday, October 3, 2019 • Page 17
Coffee at the Courthouse
Photo by Max Marbut
From left, Jacksonville Bar Association Executive Director Craig Shoup, Young Lawyers Section President Alessandro Apolito, and JBA members LaTesha Campbell, Ashlea Edwards and T’Keyah Gadson at the YLS “Coffee at the Courthouse” on Sept. 19 at the Duval County Courthouse.
COMMENTARY
The LIBOR: It’s been called the world’s most important number
JOE TEICHERT CORPORATE, BUSINESS AND IN-HOUSE COUNSEL COMMITTEE CHAIR
That being said, it’s going away in 2 years. The London Interbank Offered Rate is the most common reference rate used for short-term floating rate financial contracts and adjustable-rate loans. It is calculated and published daily in five currencies and seven different tenors ranging from overnight to a 1-year term. As of 2018, LIBOR underpinned more than $200 trillion in U.S. dollarbased derivatives and loans. Everything from swaps and futures to adjustable-rate mortgages and private student loans are tied to LIBOR. Considering so many of the world’s financial instruments reset against LIBOR, why is it
being phased out at the end of 2021? Further, what can be done to prepare for the transition? To answer the first question, we must understand how LIBOR is set, which requires a brief look at its inception – a story equally as compelling as LIBOR’s downfall. The first LIBOR-based loan is attributable to an $80 million syndicated loan in favor of the Shah of Iran in 1969. Then, in the mid-1980s, when the use of derivatives was booming and banks began borrowing heavily based on LIBOR, the British Banker’s Association took control of the rate to standardize the data collection process. The data in question comes from responses by large global banks to the following question: “At what rate could you borrow funds, were you to do so by asking for and then accepting interbank offers in reasonable market size just prior to 11 a.m.?” Essentially, the world’s largest banks self-report on how much it would cost them to borrow money in a specific currency over a particular maturity, and their submissions are averaged to come up with LIBOR. The self-reporting aspect of LIBOR is ripe for manipulation, and as was widely reported over the past decade, many of the panel banks misreported
File image
The Federal Reserve Bank of New York.
their LIBOR submissions not only to project strength amidst the financial crisis but also to manipulate the rate to realize gains on LIBOR-based contracts. Investigations ensued, settlements totaling more than $3.5 billion were entered into by banks who engaged in the fraud, and in 2014, the Financial Stability Board, a global financial watch group, recommended the replacement of LIBOR. So, what now? After December 2021, LIBOR is widely expected to be unavailable as an
index rate. Following the Financial Stability Board’s recommendation, the Federal Reserve and the Federal Reserve Bank of New York convened the Alternative Reference Rates Committee to identify a LIBOR alternative. In June 2017, the ARRC recommended that the Secured Overnight Financing Rate replace LIBOR. Despite these developments, LIBOR-tied ARMs continue to be issued without addressing the end of LIBOR or have broad
fallback language such as “if the index is no longer available, the Note Holder will choose a new index that is based on comparable information.” Experts are anticipating the transition from LIBOR to prove disruptive for the mortgage market, and it may be worsened by broad fallback language and the confusion that will ensue as interest rates reset. As consumers or practitioners representing businesses and individuals alike, what can we do to prepare for the transition? To date, the ARRC has identified a replacement rate and published its Paced Transition Plan, providing “specific steps and timelines designed to encourage adoption of SOFR.” We’re awaiting guidance from the ARRC regarding revisions for existing LIBOR ARMs, but that is not expected until later this year. As the ARRC continues to publish recommendations, we’ll get a clearer understanding of the potential effects of the transition so hopefully we are better prepared. As we wait, I recommend staying informed by visiting newyorkfed.org/ arrc where you can subscribe to receive updates. Joe Teichert is underwriting counsel for First American Title Insurance Co.
Page 18 • Thursday, October 3, 2019
The Bar Bulletin
COMMENTARY
Mansplaining is rude, condescending
MICHAEL FREED GUNSTER, YOAKLEY & STEWART
The rude and chauvinistic behavior is bad for business. I was in a recent hearing – me; the judge; who happens to be a woman, and opposing counsel, a middle-aged, white male from out of town. I, too, am a white male and, as much as I hate to acknowledge it, I, too, am middle-aged, given that double my age is 102. I hesi-
tate to include so much demographic information; you be the judge, however, of its relevance. What occurred during the hearing is not unique. Indeed, that underscores the point of this article. It was an hourlong hearing. It was briefed ahead of time by both sides, and the judge came to the hearing well-prepared. It was my motion, so I argued first. The judge stopped me several times and asked questions, giving me the opportunity to know what concerned her while there still was time to speak to the concerns. It surprised, but did not shock, me when opposing counsel jumped in during my argument, trying to respond to one of the judge’s questions. The judge politely reminded the lawyer that he would have his chance to respond. That should have been enough for any lawyer concerned about the court’s perception of him. It
was not, however, the last interruption from this lawyer. He proceeded on numerous occasions to interrupt the judge; he spoke over her, when she asked (or attempted to ask) a question he gradually increased his volume and tone just enough to drown out the judge so that it would appear (at least to him) that he had the floor. At times, he listened as the judge started to form a question, but cut her short as soon as he thought he grasped the question. He then “politely” said something like, “Good thought your honor; I see where you are going.” He then answered the question that he assumed the court was going to ask. In short, he “mansplained.” It was rude. It was condescending. And, it was chauvinistic. But, here’s the thing: That lawyer, like other unrecovered mansplainers, spoke as he did to the judge as he likely speaks
to other women in his life, including female colleagues and opposing counsel, notwithstanding that it was rude, condescending and chauvinistic. Morality, doing what is good and right, has not convinced the lawyer to be kind. For him, and others like him (and likely many of us men from time to time), morality does not prevent mansplaining. Let me make a business case against mansplaining: It is unwise to offend the decision-maker. The primary goal in appearing before a judge is to prevail. Of course, the facts and the law drive the outcome. But all else equal, lawyers generally aspire for the judge to respect, maybe even like, them. Frustrating, annoying or angering the judge is contrary to that purpose. It also is contrary to the career objective of being respected as a professional. Even the youngest child knows to “be nice” when asking a parent or a teacher for something.
Why would anyone behave otherwise? The answer to that question reveals the depth of the mansplaining challenge. Men speak over female judges even though it contravenes the lawyers’ own objectives. This happens because mansplaining is so ingrained, endemic and often so accepted or at least tolerated, that we do it despite the fact that it is at times selfdestructive. In that sense, mansplaining is similar to other self-destructive behavior, conduct and practices — we engage in it to our own detriment. If you are not persuaded to stop mansplaining because it is unkind, stop because it’s bad for business. Michael Freed is a board certified business litigator with Gunster, Yoakley & Stewart; past president of the JBA; and founder of FreedToRun.
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From the 2018 JALAween event at Jacksonville Area Legal Aid, from left, Circuit Judge Hugh Carithers, U.S. District Judge Timothy Corrigan, Duval County Judge Eleni Derke, U.S. District Judge Marcia Morales Howard and U.S. District Judge Brian Davis.
Pro Bono CONTINUED FROM PAGE 14
east Florida county and accept a case. The JBA Pro Bono Initiative: Time to Commit Each substantive committee of the Jacksonville Bar Association is encouraged to identify at least one pro bono effort that provides a meaningful and manageable opportunity for committee
members that will increase access to justice for low-income and underserved people. Lawyers in Libraries The goal is to have volunteer lawyers speaking with public library patrons about access to justice and to demonstrate through a presentation the online legal resources that are available. Oct. 29: JALAween and Meet the Judges Jacksonville Area Legal Aid
at 126 W. Adams St. will have an open house and reception at 5:30 p.m. as a “thank you” to pro bono attorneys and supporters. From 4-6 p.m., children from area nonprofits that serve the needs of families will be invited to participate in carnival games and trick-or-treating. Adult guests will be invited to an informal happy hour at Zodiac Bar & Grill, including an opportunity to meet and greet some of our judges. The event is sponsored by the Driver, McAfee, Hawthorne &
Diebenow law firm. Attorney RSVP is appreciated, but not required, to missy.davenport@ jaxlegalaid.org. Oct. 31: JALA Intake Night Jacksonville Area Legal Aid Intake Night and Case Acceptance Forum, coordinated by the Christian Legal Society, is from 6-8 p.m., at City Rescue Mission, 426 McDuff Ave. Interested attorneys should contact Blane McCarthy at bgm@bgmccarthy.com.
Thank you to the volunteers who have donated their time, energy, and expertise to help the community in the past year. Your contributions are appreciated and have improved the lives of the many people you have assisted. Would you like to help make a difference in the community? Attorneys interested in pro bono opportunities in the 4th Judicial Circuit may contact missy.davenport@ jaxlegalaid.org.
The Bar Bulletin
Thursday, October 3, 2019 • Page 19
The JBA’s new members sworn in to the Bar
Photo by Max Marbut
Fourth Circuit Chief Judge Mark Mahon administered the Oath of Attorney to 28 law school graduates Sept. 19. At the ceremony, each was matched with an experienced lawyer mentor and joined the Jacksonville Bar Association.
COMMENTARY
Practical considerations for deposing corporate representatives
BRANDON COOK JBA COMMERCIAL LITIGATION SECTION VICE CHAIR
It’s important to know what to ask and who to ask. The deposition of a corporate representative can be one of the most useful discovery tools available to litigators. Florida Rule of Civil Procedure 1.310(b)(6) allows a litigant to depose a “public or private corporation, a partnership or association, or a government agency.” The rule was modeled
after its federal counterpart: Federal Rule of Civil Procedure 30(b)(6). It gives a party access to the collective knowledge of an entity rather than the limited knowledge of an individual. The rule places specific burdens on both parties. In its notice of deposition, the deposing party must describe the areas of inquiry with “reasonable particularity.” On the other hand, the deponent is tasked with providing one or more witnesses who will be sufficiently prepared to answer questions within the bounds of the noticed topics. Notably, there is no requirement that the deponent produce the witness with the most knowledge concerning the noticed areas of inquiry. Nor is there any requirement that the deponent have any independent knowledge related to the specified topics. Rather, what the rule requires is that the corporate represen-
tative be prepared to provide complete, knowledgeable and binding answers based on information that is known or reasonably available to the corporation. This has the effect of allowing the deposing party to obtain information from the corporation through a person serving as the voice of the entity. When properly noticed and conducted, the testimony from a Rule 1.310(b)(6) deposition is considered testimony of the corporation itself and, as a result, is binding on the corporation. But, questions arise if the deposing party inquires into areas not within the scope of its notice of deposition. Can the corporate representative simply refuse to answer the question? Can the representative, if he or she knows the answer, decline to answer on the basis that the information is not known to the corporation? Generally, the answer to both questions is no. The deponent is, assuming the questioning is
relevant to the litigation, still required to answer. However, the effect of such answers changes significantly. Instead of answering on behalf of the corporation, the representative provides answers based on his or her own personal knowledge. And, because the deponent in this scenario is speaking on his or her own behalf, the deponent’s answers are not binding on the entity. Nevertheless, the deponent’s testimony as to his or her individual knowledge may contradict the position of the entity or create unforeseen issues. Accordingly, counsel should be thoughtful when considering who should serve as the representative. There are several considerations for selecting a representative. While the person with the most knowledge of the areas of inquiry may appear to be the best representative, that is not necessarily the case. For example, if the person with the most knowledge does not
totally embrace the corporation’s position, then selecting a different representative may be a wise choice. Other factors that should be considered include the witness’s experience in litigation, the demeanor of the witness, the witness’s ability to devote the necessary time and energy to adequately prepare for the deposition and the witness’s personal knowledge of information within and outside the areas of inquiry. It is critical for the party being deposed to make an informed decision when selecting the corporate representative. Sometimes the obvious choice may not be the best. However, keeping the above information in mind will allow attorneys to put themselves in a position to provide the zealous advocacy their clients expect. Brandon Cook is an associate attorney at Smith Hulsey & Busey with a focus on complex commercial litigation.
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Page 20 • Thursday, October 3, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE MARBUT REPORT
JBA plans to move into its new office Oct. 21 n Jessica Marie McClean, 200 Laguna Villa Blvd., Jacksonville Beach, received disciplinary revocation, effective immediately following an Aug. 29 court order. McClean was found to have represented her firm as a New York City law firm despite it being located in Jacksonville and she used nonlawyers to improperly solicit clients. Her nonlawyers also offered legal advice to those clients throughout the U.S. for foreclosure defense and bankruptcy. They filed pleadings and engaged in the unlicensed practice of law in those other states. McClean also was found to have failed to maintain minimum trust accounting procedures.
MAX MARBUT ASSOCIATE EDITOR
It’s on the ground floor of Wells Fargo Center and has more space for meetings. With build-out nearing completion, the Jacksonville Bar Association plans to move Oct. 21 from the 22nd floor of Wells Fargo Center to a 3,100-square-foot suite on the ground floor near the entrance at Bay and Main streets. That’s about 400 square feet more than the space upstairs, said JBA Executive Director Craig Shoup. Along with office space for four full-time and one parttime staff members, the association’s new home includes about 1,400 square feet of flexible event and meeting space. It is designed to accommodate one large group or, with a moveable partition, two smaller groups simultaneously. There also is a space set aside for what Shoup called “visiting attorneys” who don’t have an office Downtown but might need one for a few hours
Photo by Max Marbut
Jacksonville Bar Association Executive Director Craig Shoup in the 1,400-square-foot event and meeting space at the JBA’s new offices on the ground floor at Wells Fargo Center.
between hearings at the courthouse, for example. Shoup said giving up the bird’s-eye view of the St. Johns River and the Southbank skyline in favor of devoting half of the space to events was a decision made to advance the JBA’s mission to serve its members. “The 22nd floor was not in the best interest of the Bar. Meetings and CLEs are the backbone of our organization,” he said.
Donations to help victims of violence In October, the 33rd annual Domestic Violence Aware-
ness Month, the Duval County Clerk of Courts is partnering with Hubbard House, the 4th Judicial Circuit and the Jacksonville Sheriff’s Office to collect donations of nonperishable food and household items for the benefit of domestic violence victims. Items are accepted at the Domestic Violence Department in Room 2409 or at Family Court Services in Room 2150 at the Duval County Courthouse. Maintaining another annual tradition, the clerk’s office will display purple flags on the courthouse lawn as a reminder of the effects of domestic violence in the community.
Two local attorneys disciplined In orders issued Aug. 22-Sept. 19, the state Supreme Court disciplined 15 attorneys, disbarring four, revoking the licenses of seven, suspending three and reprimanding one. Two practiced in Duval County. n Carin E. Maxey, 4495 Roosevelt Blvd., received disciplinary revocation with leave to seek readmission after 10 years, effective immediately following a Sept. 19 court order. Disciplinary charges pending against Maxey involved misappropriation of client trust funds.
Borello, Forrest join Rogers Towers Matthew Borello and Tara Forrest joined the Rogers Towers law firm in its Jacksonville office. Borello will focus his practice on complex litigation matters. He received a bachelor’s in business management from Florida State University and a J.D. from the University of Florida Levin College of Law. Forrest will work in the estates and trusts department. She received a bachelor’s in English from Stetson University and a J.D. from the University of Florida Levin College of Law. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
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