Jacksonville Record & Observer 11/1/18 by Daily Record & Observer LLC

FREE

November 1-7, 2018

Manhattan Sports Bar and Lounge planned Downtown PAGE 5

jaxdailyrecord.com

JACKSONVILLE

Record & Observer British SHOPPING firm buys Record & Observer InMotion WITHOUT THE for $198M DRIVE Record & Observer JACKSONVILLE

JACKSONVILLE

New stores and restaurants will bring convenience for northern St. John County residents — and take business from Duval.

WH Smith will keep CEO and the Jacksonvillebased company’s employees. BY KAREN BRUNE MATHIS EDITOR

Walmart, its first anchor, scheduled its grand opening Wednesday. It will be followed by other anchors like Home Depot, restaurants like Keke’s Breakfast Cafe and entertainment options like Cinemark, a 12-screen movie theater. Durbin Park, which will be built in four phases, will be developed on 1,600 acres

London-based WH Smith PLC announced Tuesday that it agreed to buy Jacksonville-based InMotion for $198 million in a deal expected to close by year-end. President and CEO Jeremy Smith said InMotion will operate as a subsidiary, retaining its almost 800 employees systemwide and its 55 or so in Jacksonville. InMotion, a “pure play travel retailer,” sells digital accessories such as h ea d p h o n e s, ea r b u d s, mobile power and portable speakers among 114 Smith locations in 43 U.S. airports, Smith said. It was formed in 1998 and acquired in 2013 by Bruckmann, Rosser, Sherrill & Co. LLC and Palladin Consumer Retail Partners. “We look forward to working with the CEO, Jeremy Smith, and his team to further develop both businesses across North America and other territories,” said WH Smith Group Chief Executive Stephen Clarke in the release. “They viewed us as an attractive platform on which to enter the U.S. market,” Smith said. “And we are trying to expand internationally into the UK and Europe and

SEE SHOPPING, PAGE 10

SEE INMOTION, PAGE 10

JACKSONVILLE

Record & Observer

Photo by Jay Schlichter

Workers prepare the entrance sign for the Walmart Supercenter in The Pavilion at Durbin Park. The store is the first of many retailers planned for the northern St. Johns County shopping center, which is planned to be larger than St. Johns Town Center when completed. BY JAY SCHLICHTER ASSOCIATE EDITOR

esidents of northern St. Johns County are accustomed to the drive. With no large retail centers with big-box stores, restaurants and retailers, residents often must travel north into Duval County for shopping, dining and entertainment.

That’s about to change. Plans show that northern St. Johns County will gain three large shopping centers totaling at least 4.5 million square feet of retail space. Those comprise: n Up to 2.4 million square feet in The Pavilion at Durbin Park. n 1.7 million square feet in SilverLeaf. n 450,000 square feet in Beachwalk. The Pavilion will be the first to open.

Mathis Report: East San Marco project ‘is moving forward’ PAGE 4 Cawton Report: St. Johns River Ferry returns to service PAGE 6 OBSERVER MEDIA GROUP

THE BASCH REPORT

Regency not downbeat on retailer bankruptcies Developer sees opportunities. PAGE 8 VOLUME 1, NO. 22 • ONE SECTION

WHAT’S TRENDING

Page 2 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

UTILITIES JEA planning North Jacksonville solar farm A solar farm expected to come online this year in North Jacksonville will add 5 megawatts to JEA’s energy portfolio. The SunPort Solar Farm is planned on 66.3 acres near Lem Turner Road by Newcomb Road and Interstate 295. Plans filed with the city and the St. Johns River Water Management District show that Melbourne-based National Solar LLC will develop the project. Plans submitted to the city indicate National Solar will be able to produce about 5 megawatts of power, or 5 million watts, through a series of nearly 28,000 photovoltaic solar modules. Depending on conditions, 1 MW can power 800 to 1,000 homes. JEA is involved with 13 solar energy sites in Jacksonville, including the SunPort Solar Farm.

Daily Record JACKSONVILLE

HOW TO REACH US

10 N. Newnan St., Jacksonville, FL, 32202 Phone: (904) 356-2466, Fax (904) 353-2628 jaxdailyrecord.com

Daily Record Daily Record JACKSONVILLE

RETAIL DEVELOPMENT

ABOUT US

Stores announced for The Pavilion at Durbin Park Burlington, Five Below and Jana Japanese Steakhouse are among 11 new tenants announced Tuesday for The Pavilion at Durbin Park, the shopping center under development in northern St. Johns County. Also coming are Asian Fusion, AT&T, CareSpot Urgent Care, Dollar Tree, Hair Cuttery, Heartland Dental, Hand & Stone Massage and Facial Spa, Mattress Firm and T-Mobile. The project’s partners, Gate Petroleum Co. and Gatlin Development Co., said 80 percent of the development’s 650,000 square feet of commercial space has been leased. The businesses are part of the first phase of the shopping center at Race Track Road and the recently completed Florida 9B extension. The first store to open at The Pavilion will be Walmart Supercenter at 7:30 a.m. Wednesday.

CONVENIENCE STORES Wawa opens on Beach Boulevard with free coffee Wawa Inc. will open a convenience store and gas station at 9715 Beach Blvd. at 8 a.m. Thursday. The store, at northeast Beach and Southside boulevards, will offer free coffee to customers through Nov. 11. The 6,119-square-foot Wawa is the sixth in Northeast Florida, where the Pennsylvania-based chain intends to open up to 40 locations. Sheree Norris is the general manager of the new store, which employs about 40 people. The first three Northeast Florida Wawa stores and gas stations opened in December. With the new store, four operate in Duval County and two are in Clay County.

Is Your Office Hungry?

CALL THE KINGS OF CATERING!

Jacksonville Daily Record, Jacksonville Record & Observer and Realty-Builder are a division of Observer Media Group Inc. Established in 1912, the Financial News & Daily Record, now the Jacksonville Daily JACKSONVILLE Record, is published Monday-Friday and is the Official Court Newspaper of the Circuit 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, law, companies, economic and industry trends and how local and state government affects business. Realty-Builder is a monthly publication connecting Northeast Florida’s real estate professionals and homebuilders. Content focuses on timely news, information and trends affecting residential real estate sales and construction, as well as events and legal issues impacting the industry. Visit Realty-Builder.com to request your free copy.

STAFF Publisher / Matt Walsh mwalsh@jaxdailyrecord.com

Staff Writer / David Cawton dcawton@jaxdailyrecord.com

Publisher Emeritus / James F. Bailey Jr. jbailey@jaxdailyrecord.com

Editorial Research Director / Scott Sailer ssailer@jaxdailyrecord.com

Editor / Karen Brune Mathis kmathis@jaxdailyrecord.com

Director of Advertising / Jay Lesowitz jlesowitz@jaxdailyrecord.com

Managing Editor / Monty Zickuhr mzickuhr@jaxdailyrecord.com

Business Manager / Angie Campbell acampbell@jaxdailyrecord.com

Associate Editor Legal Affairs / Max Marbut mmarbut@jaxdailyrecord.com

Legal Advertising Manager / Janet Mohr legal@jaxdailyrecord.com

Associate Editor Residential Real Estate / Jay Schlichter / jays@jaxdailyrecord.com

Director of Circulation / Anne Shumate subscriptions@jaxdailyrecord.com

HOW TO SUBSCRIBE Subscribe online at jaxdailyrecord.com/subscribe or contact our subscription department by phone at (877) 231-8834 or email subscriptions@jaxdailyrecord.com PRICES 2 years.................................... $154 1 year.........................................$89 6 months..................................$55

• Breakfast • Lunch • Appetizers

• Salads • Sandwiches • Wraps

Featuring Jacksonville’s Best Corned Beef & Pastrami

Thursday only ..........$66 per year Single copy.......................35 cents

HOW TO ADVERTISE Display & Digital Advertising: Call Jay Lesowitz at (904) 356-2466 or email jlesowitz@jaxdailyrecord.com Legal Advertising: Submit public notices via email to legal@jaxdailyrecord.com

ARTICLE REPRINTS

(904) 634-0328 | 233 East Bay Street | dandgdeliandgrill.com

Available at jaxdailyrecord.com

Surety Bond Solutions Machinery Insurance, Inc. Founded in 1986 Florida Based

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.

Rated “B++” by A.M. Best Company

DIRECTORS & OFFICERS Fitzhugh K. Powell, Sr.

Benjamin K. Powell

President, Treasurer & Director

Vice President & Director

Stephen T. Cumella Secretary, Chairman & Director

EXCLUSIVE AGENT

Cecil W. Powell & Company Telephone 904-353-3181 | www.cwpowellins.com Agents: Robert Theus, Benjamin K. Powell

POSTMASTER Send address changes to Jacksonville Daily Record, P.O. Box 15456, North Hollywood, CA, 91615-9965

OFFICIAL DESIGNATIONS The Official Court Newspaper of Duval County by Order of the Circuit Court, July 7, 1961.

The Official Newspaper of The Jacksonville Bar Association, Nov. 21, 1926.

Account Manager: Annette Evans, Kassandra Sullins

AFFILIATIONS

Licensed to write Surety Bonds | Ocean Marine & Inland Marine Insurance

Florida Press Association

The Official Newspaper for the U.S. Bankruptcy Court for the Middle District of Florida, Jan. 4, 1947.

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, November 1, 2018 • Page 3

In search of innovation? Be patient BY MARK BASCH CONTRIBUTING WRITER

In a climate where innovation seems to be moving businesses forward rapidly, Mike Potts has a message for you: Slow down. “Innovation is not simple. It’s not quick,” said Potts, founder and CEO of Jacksonville product design and development firm feature[23]. “If you’re not patient, it’s never going to happen,” he said Tuesday during a discussion about innovation at the Economic Roundtable of Jacksonville. Potts, who started his company 10 years ago, said clients sometimes want quick results but he advises them a successful innovation may take years to implement. “If you’re not in it for five years, don’t give me the first six months. We’re just wasting your time,” he said. Potts was joined in the discussion at Jacksonville University’s Davis College of Business by Kevin Calloway, managing partner of digital application developer IJHANA. Both said it’s important for their firms to find innovative solutions that help a client’s business rather than build a new

MIKE POTTS, FEATURE[23] CEO

Photos by Scott Sailer

Mike Potts, CEO of feature [23], and Kevin Calloway, managing partner of IJHANA, said they work to find innovative solutions for businesses.

business around an innovation. “Innovation cannot be your business model,” said Potts. “The first thing we have to do is understand your business better than you,” said Calloway. Like feature[23], IJHANA takes a patient approach. Calloway said his engineers have a

30-hour workweek in which they focus on specific tasks, and then take 10 hours a week to be creative. “The idea is to free up their minds to not focus on the everyday problem,” he said. “Innovation is about learning,” said Potts. “If you can’t

learn, you’re not going to build the right software.” As a business learns, it may discover that its idea isn’t going to work or won’t be able to attract customers to make it worthwhile. If that happens, “somebody needs to be mature and kill that

activity,” Potts said. “They really need a mentor to say there’s not a business here.” Potts said Jacksonville entrepreneurs could benefit from more mentors to help guide them. He believes it’s more important than finding more venture capital investors. “It’s not the money. It’s the mentorships,” he said. Whether innovation is having a significant economic impact on Northeast Florida is difficult to quantify. “There are so many questions about the employment aspect,” said Daniel Gilham, a financial adviser and president of the Economic Roundtable. Innovation can create jobs or eliminate them as new technology replaces work done by hand. Potts does not think Jacksonville should look at innovation as a job creator. “It’s not going to create new jobs. It’s going to create better jobs,” he said. MBASCH@ JAXDAILYRECORD.COM

LAWYER REFERRALS WELCOMED

Florida Medical Malpractice

DON’T LET HOME OWNERSHIP CONFUSE YOU.

or 20 years, attorney Sean Cronin has helped clients in Florida with

Have Questions? Let’s Talk.

injuries and deaths caused by medical

• What loan amount do I qualify for?

malpractice. As attorneys who are also

DON’T LET HOME OWNERSHIP C ONFU SE YO U.

veterans, our military experience helps us

• What type of loan is right for me?

serve medical malpractice victims and their families throughout Northeast Florida. Our attorneys handle both civilian and

Sean B. Cronin

military medical malpractice claims.

Partner

Practice Areas Wrongful Death Medical Malpractice

• How much down payment is right for me? Talk. •Have Will IQuestions? qualify even ifLet’s my credit isn’t perfect? • • • •

What loan amount do I qualify for? What type of loan is right for me? How much down payment will Ifor need? Call today your complimentary Will I qualify even ifmortgage my credit isn’t loanperfect? consultation. Call today for your complimentary mortgage loan consultation.

Military & VA Medical Malpractice

E x p e r i e n c e

Hospital Negligence

E x p e r i e n c e

E x t r a o r d i n a r y

904.388.9555 medical-malpractice-jacksonville.com 4250 Lakeside Dr., Suite 204

Jacksonville, FL 32210

7880 Gate Pkwy, Suite 101 | Jacksonville, FL 32256 Branch #1012245 Branch NMLSNMLS #1012245 P: 904.528.2106 | Web: tdelue.cmgfi.com P: 904.528.2106 | Web: tdelue.cmgfi.com

© 2016 CMG Financial, All Rights Reserved. CMG Financial is a registered trade name of CMG Mortgage, Inc., NMLS# 1820 in most, but not all states. CMG Mortgage Inc. is an equal opportunity lender, Licensed as a Mortgage Lender/Servicer by the Office of Financial Regulation No. MLD375. Offer of credit is subject to credit approval. For more information on our company, please visit www.cmgfi.com. To verify our complete list of state licenses, please visit www.cmgfi.com/corporate/licensing and www.nmlsconsumeraccess.org.

ECONOMIC TRENDS

“If you’re not in it for five years, don’t give me the first six months. We’re just wasting your time.”

Firms that help business find solutions offer insight at the Economic Roundtable of Jacksonville.

Page 4 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE MATHIS REPORT

East San Marco project ‘is moving forward’ Churches on the move

KAREN BRUNE MATHIS EDITOR

Regency Centers doesn’t have a start date for Publix-anchored shopping center. With Publix Super Markets Inc. renovating stores around Jacksonville and preparing to open more, including its first area GreenWise Market in Nocatee, the topic naturally surfaced. What’s up with the East San Marco project and the Publix that is supposed to anchor it? “East San Marco is moving forward as we speak,” said Regency Centers Corp. Senior Communications Manager Eric Davidson on Tuesday. “Although we don’t have a specific start date to announce the details are currently being ironed out between all stakeholders,” he said in a statement. Davidson said Publix remains committed to the project. East San Marco has been 16 years in the making. The site remains vacant at 1532 Atlantic Blvd. and Hendricks Avenue. Signs continue to announce its upcoming presence. In April, Regency Centers Corp. Chairman and CEO Martin E. “Hap” Stein said the project, once envisioned as a retail and multifamily development, will be just Publix and shops and restaurants. “It’s going to be a terrific shopping center that’ll be very favorably received by the neighborhood and what the neighborhood needs,” Stein said in April after Jacksonvillebased Regency Centers Corp.’s annual meeting of shareholders. Regency is a national shopping center owner. “It will be a very positive addition to a great neighborhood in the San Marco area,” he said. That was six months ago. Stein said then that construc-

File image

East San Marco is planned at Atlantic Boulevard and Hendricks Avenue.

tion should start within the year and be completed a year after that. East San Marco remains the name “for now,” he said, but the multifamily element was no longer part of it. Stein said Regency Centers would develop, own and manage an estimated 50,000 square feet of retail space comprising the 30,000-squarefoot Publix and about 20,000 square feet of shops and restaurants. Publix has been committed for more than 10 years. “Our position hasn’t altered since we signed the lease over a decade ago and remain committed to the project,” Publix spokesman Dwaine Stevens said in April. He said Wednesday the company’s position has not changed. East San Marco has had stops and starts since 2002. It most recently was planned for a more than $60 million project to include retail space, parking garages and 266 apartment and townhouse units. The developer terminated its involvement just before the scheduled March 6, 2017, closing to buy the property from Regency Centers. The developer intended to buy the land, develop the project and sell the retail space to Regency Centers. Regency Centers said after the developer decided to pull out that it would continue the project but did not provide details. The project also was part of a City Council-approved planned unit development.

Two Gate Express Carwashes in review Two Gate Express Carwashes are on track for development. n A Gate Express Carwash is planned at 1700 S. Third

St. in Jacksonville Beach. BFC Property Acquisition I LLC paid $2.1 million for 1.18 acres from Ameris Bank. The purchase was made Sept. 27. The 6,116-square-foot former Atlantic Coast Bank was developed in 1976. Ameris Bancorp bought Atlantic Coast in May and announced that as of June 22, six locations, including the Jacksonville Beach address, would close and merge into Ameris branches. n A Gate Express Carwash is in review for Barkoskie and Old St. Augustine roads. The proposed 5,089-square-foot car wash is planned on a 2.55-acre site at 11533 Old St. Augustine Road. Prosser Inc. is the civil engineer. The city and the St. Johns River Water Management District are reviewing the plans.

Grease Rags, Ysyntricity move to Springfield

Springfield landlord Elias Hionides reports that two locally owned boutiques are relocating to Historic Springfield. Hionides, vice president of Petra Management Inc., said Grease Rags Clothing Co. closed its San Marco location to focus on a new concept at 1229 N. Main St. and a second boutique also will occupy part of the building. He said the property includes a large parking area that boutique owner Cindy Platt plans to use for regular community events. The grand opening is scheduled for Nov. 24. Hionides said Ysyntricity Boutique relocated from Murray Hill to Springfield at 14-16 W. Eighth St. It joins tenant 1748 Bakehouse in the historic building at Eighth and Main streets that Petra Management restored.

HOTEL NOTES

Southside Assembly of God Inc. is working toward development of a church on 5.14 acres at 6851 Southpoint Parkway in South Jacksonville. The St. Johns River Water Management District is reviewing an application. CivilCorp Engineering Inc. of Maitland is the engineering consultant. Plans indicate a two-phase project starting with a 364seat sanctuary and then an additional 144 seats. Southside Assembly of God sold its San Marco area property in March for development of the San Marco Crossing apartment community. It intends to build a 24,000-square-foot sanctuary on the land it bought Aug. 8 for $1.45 million. Pastor Milton Dykes said previously that construction will start in November and the church will remain in San Marco through June. n Harvest Baptist Church Inc. bought St. Matthew’s Evangelical Lutheran Church in Arlington for $2.5 million. Harvest Baptist, which will become River City Baptist Church of Arlington, bought the almost 6-acre property at 6801 Merrill Road on Sept. 12. The building was developed in 1987, property records show. Harvest Baptist has been operating at 1051 Arlington Road and is listing that property for sale. Harvest Baptist Pastor Bryan Samms said in July that St. Matthew’s will rent space at the Merrill Road campus temporarily for worship as it makes its next move. The new space will provide seating for up to 500. n St. John the Divine Greek Orthodox Church filed plans for its new Beach Boulevard campus to the St. Johns River Water Management District. The church previously submitted plans to the city to build a worship center, banquet hall, education building and Airnasium at 12760 Beach Blvd., east of Kernan Boulevard. Goodson, Nevin and Associates is the consulting engineer. The church will move from 3850 Atlantic Blvd. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

n Miami-based Riverside

Lodging LLC bought property in Brooklyn for a proposed Residence Inn. Riverside Lodging paid $2.4 million for the site in an acquisition from Parkview Plaza Partners LLC, led by Hallmark Partners Inc. The sale closed Sept. 20. The St. Johns River Water Management District issued a permit for the six-story, 135-room hotel on 1.8 acres along Oak Street at Forest and Magnolia streets. The city is reviewing site plans for the 107,055-square-foot project.

n The Ambassador

Hotel Downtown is starting preparations toward redevelopment. Contractor SMC Construction Southeast LLC of Orlando applied for a permit to start interior nonstructural demolition at a cost of $300,000. Axis Hotels LLC wants to renovate the six-story hotel at 420 Julia St. for a national brand and build apartments next door.

n Aloft Jacksonville Airport hotel will be renovated now that the city issued a permit to Frazee Construction of Orlando for the $1.3 million project. The fivestory, 136-room hotel was built in 2009 at 751 Skymarks Drive.

RETAIL NOTES n Anytime Fitness intends to open in Venetia Village at 5541 Roosevelt Blvd. in West Jacksonville. No contractor is listed for the $190,000 build-out of 6,196 square feet. Wilkus Architects of Hopkins, Minnesota, is the architect. n Planet Fitness wants to open in Epic Village along Florida 207 in St. Augustine. The 2-acre site is at Epic Boulevard, Movie Street and Rolling Hills Drive.

Beautiful Office Space for Any Size Needs

Asbestos Representing Mesothelioma & Lung Cancer Victims for Over 25 Years Throughout Florida Florida Lawyers Representing Injured Floridians Asbestos Exposures: Shipyard, USN, Construction, Automotive, Power Plants, Paper Mills, Household, Etc.

Conference Rooms For Rent – Seating 2-40 Guests

• Perfect for Law Firms with Small Ofﬁces • All-Inclusive Affordable Rates • Great Views – Great Location

Terrell Hogan Alan Pickert

(904)632-2424 www.FloridaAsbestos.com

MEETING ROOMS BY THE HOUR!

Anita Pryor

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

501 Riverside Avenue, Suite 700 Jacksonville, FL 32202 | 904-274-5899

www.riversidebusinesscenter.com

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, November 1, 2018 • Page 5

RESTAURANT NOTES

NOTES

Sports bar planned for old Hourglass Pub BY KAREN BRUNE MATHIS EDITOR

Bay Street is targeted for the Manhattan Sports Bar and Lounge at the site of the former Hourglass Pub & Coffee House Downtown. Operator Quincy Benton said he wants to create a New Yorkthemed establishment “to capitalize on the speakeasy buzz that is going around the country.” The Hourglass, at 345 E. Bay St., closed in February. The location is at Bay and Liberty streets, next to the Police Memorial Building. It opened in June 2014 in the entertainment area known as The Elbow. Benton said his goal is to open Thanksgiving weekend, pending permitting, or no later than year-end. He plans to serve lunch 11 a.m. to 3 p.m. and reopen as a lounge about 5 or 6 p.m. Benton said he has been a consultant and investor in other venues and this is the first he is doing on his own. “I picked that spot because of where it is and the crowd we are trying to attract,” he said. Benton is targeting a professional crowd “that enjoys live entertainment and good food.” He plans to serve small-plate Southern fare, including barbecue grilled and smoked on the back patio, as well as New York favorites like sausage dogs, popcorn and pretzels.

n MLG, which is Marcus

Lemonis Grill, applied for a certificate of use to operate at 400 N. Hogan St. where Candy Apple Cafe closed in Downtown Jacksonville. The restaurant is inside Sweet Pete’s, which closed Aug. 10 for renovations and hopes to open Nov. 15.

Benton plans 150 seats and the patio that he will convert to a beer garden. There will be seats in front, too. He estimates a $50,000 renovation because “the bones are good” from the former use. Beverages will include craft cocktails, as well as Manhattans, along with draft beer and other libations. Hourglass Pub owner Shannon Williams said in January she was closing the bar to focus on family and health. Williams also was known as Shannon Widow, a nickname. Benton applied to the city for a certificate of use for Manhattan Pub & Coffee for the 2,881-square-foot space.

Panera, Starbucks adding locations in Arlington?

n McDonald’s Corp. wants to renovate its restaurant at 1106 N. Ponce de Leon Blvd. in St. Augustine. It proposes to start the work Nov. 15 and complete it by Feb. 20. n Popeyes Louisiana Kitchen wants to build at 2496 Blanding Blvd. in Middleburg. Site construction plans were filed with the St. Johns River Water Management District for the 2,265-square-foot project on 1.83 acres. Photo by Karen Brune Mathis

Jacksonville University is contemplating community amenities at its health sciences complex north of its Arlington campus that could include Panera Bread and Starbucks Coffee. The two tenants are included in a filing with the Mobility Fee Calculation Certificate application for the 105,000-squarefoot health sciences building. The documents outline an eventual 120-bed skilled nursing facility, the 105,000-squarefoot medical office building, an existing 8,728-square-foot classroom, lab and medical

Quincy Benton intends to open a sports bar and lounge at the site of the former Hourglass Pub & Coffee Bar on Bay Street.

office space building, a 106-bed assisted living center and the 4,500-square-foot Panera Bread and 2,100-square-foot Starbucks. The medical complex is planned at 3412 University Blvd. N. next to the JU campus at 2800 University Blvd. N. Without addressing the two food tenants, the university responded in general. “The recent completion of the record-setting ASPIRE campaign and the unprecedented bond issuance earlier this year

have helped greatly accelerate our progress,” said JU spokesman Scott Bacon, referring to the university’s fundraising. “As we embrace this rapid growth we are constantly exploring opportunities to enhance our students’ oncampus experience,” said Bacon, senior vice president of marketing and communications. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

JACKSONVILLE OFFICE 200 W. Forsyth Street, #1100 Jacksonville, FL 32202 P: 904.236.4929 F: 904.236.4767

TALLAHASSEE

• • • • • • • • • • •

Aging Services Appellate Business Litigation Construction Correctional Health Care Data Privacy and Security Dental Employment General Liability Government Affairs Health Care

• Insurance Coverage • Intellectual Property / Entertainment • Products Liability • Professional Malpractice and Ethics • Professional Negligence / Medical Malpractice • Transportation • Workers’ Compensation

J. BRENT ALLEN Partner 904.236.4507 ballen@hallboothsmith.com

JILL F. BECHTOLD Partner 904.236.4929 jbechtold@hallboothsmith.com

SHAWN BROOKS Attorney at Law 904.201.1580 sbrooks@hallboothsmith.com

JACKSONVILLE

KIRK A. CARTER Attorney at Law 904.236.4929 kcarter@hallboothsmith.com

HALL BOOTH SMITH (HBS) is a full-service law firm with 15 regional offices strategically located throughout the southeast including 3 in the state of Florida - Jacksonville, N. Palm Beach and Tallahassee. HBS maintains the highest commitment to ethically and professionally serve our clients by providing highly experienced legal representation. Our Jacksonville attorneys, supported by a diverse and dedicated team, specialize in complex business and litigation matters, including:

n Panera Bread wants to build a restaurant at Nocatee Town Center, according to an application filed in St. Johns County. The 3,800-square-foot project would build on an acre at 120 Marketside Ave. in the Publix-anchored shopping center. The Panera lot is at southwest Crosswater Parkway and Village Lake Drive.

ASHLEY M. FROMM Attorney at Law 904.217.6375 afromm@hallboothsmith.com

c N. PALM BEACH

ADAM PROM Attorney at Law 904.236.4929 aprom@hallboothsmith.com

FRANKLIN DUKE REGAN Partner 904.452.4952 dregan@hallboothsmith.com

RAYFORD H. TAYLOR Of Counsel 904.236.4929 rtaylor@hallboothsmith.com

Page 6 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE CAWTON REPORT

Return of ferry caps busy year for JTA DAVID CAWTON STAFF WRITER

CEO Nathaniel Ford able to leverage D.C. connections to secure federal money. The Jacksonville Transportation Authority is winding down what’s been a busy year under CEO Nathaniel Ford Sr. On Tuesday, Ford, along with city and state officials, celebrated the authority’s latest project — restoring the St. Johns River Ferry in Mayport to service after months of repairs. It reopened to the public Thursday. JTA awarded Cocoa-based C&D Construction Inc. the $4.5 million contract in 2015 to complete the multiphase ferry Ford rehabilitation project. The latest phase halted service for nearly two months while crews replaced and refurbished the ferry slip walls, fenders, walkways, bulkheads and made mechanical and cosmetic upgrades to the current ship, the Jean Ribault. Additional improvements will continue through January. “The authority is working very hard to keep up with the speed of change,” Ford said. “Upgrading the ferry was essential to Mayport and for those on the other side of the St. Johns River who use it every day.” The vehicle and passenger ferry is operated by HMS Ferries Inc. and connects the north and south ends of Florida A1A with daily service between Mayport Village and Fort George Island. The 2.5-mile journey takes about a half-hour. The ferry operates 6 a.m. to 7:15 p.m. Monday through Friday and 7 a.m. to 8:45 p.m.

Special to the Daily Record

Officials, including Jacksonville Tranportation Authority CEO Nathaniel Ford, fifth from left, take part in a ceremony to mark the return of the St. Johns River Ferry in Mayport.

on the weekend. Ford said average weekday ridership is 1,200 passengers and around 2,000 on Saturday and Sunday. He expects those figures to continue to rise. “It’s such an integral part of Jacksonville,” he said. “We’re proud the city allowed us to take it over.” JTA has owned the ferry and the land on both sides of the river since 2016. A BUSY YEAR

The ferry refurbishment is one of several projects JTA managed in 2018 and will continue to work on in 2019. “We were at almost a dead stop when I came on as CEO about five years ago, and we had a host of projects that were sitting on the shelf,” Ford said. JTA soon will open the largest expansion of its First Coast Flyer Bus Rapid Transit project, the East Corridor or “Red Line.” The 18.5-mile route runs from Third Street in Jacksonville Beach to Downtown Jacksonville. Ford said the East Corridor is scheduled to go online Dec. 3.

“At the same time, we’ve got the Regional Transportation Center that’s being constructed in LaVilla, so we’re doing both horizontal and vertical work right now,” Ford said. The $33 million transportation center is the second phase of JTA’s push into LaVilla that includes the Greyhound Intercity Bus Terminal that opened in April. The 85-foot-tall building will serve as JTA’s headquarters and as a transportation hub for bus and Skyway services. SEEKING GRANTS

The developments are active, in part, because of Ford’s ability to secure federal and state funding to offset construction costs. Since October 2017, Ford has chaired the American Public Transportation Association board, a group comprising regional and local transportation authorities that lobbies for transit-friendly policy at the federal level. “The work that I’ve been able to do with the APTA has given me a seat at the table with the decision-makers,”

Ford said. “While they have hundreds of projects that they look at to fund each year, I think the JTA projects and the Jacksonville community have been uplifted to them,” he said. Ford said the ferry project is an example of leverage in connecting with federal officials like Jane Williams, the acting Federal Transit Authority administrator, and others to secure grants. JTA has received more than $13 million in grant money from the U.S. Department of Transportation since 2014 for the ferry project, including a $3.3 million Passenger Ferry Grant the authority secured in May. The authority also is working on an application for a federal BUILD grant to develop an “innovation corridor” along East Bay Street from LaVilla to the sports and entertainment complex. The JTA bid is in competition with the city of Jacksonville, which is trying to secure a $12.5 million grant for Phase II of the Hart Bridge ramp removal project.

• Mobile Forensics Media Research • &Social Preservation • Surveillance • Security Negligence Experts

after 5 mixer Wednesday, November 14 5:30-7:30 p.m. • Morton’s Steakhouse 225 E. Coastline Drive, Jacksonville, FL 32202

JTA is seeking $10 million from another $60 million federal grant program to help it convert the aging Skyway into a system for automated vehicles. “We do feel like there’s multiple bites at the apple to help get the U2C going,” said Ford, referencing the authority’s development of autonomous vehicles, called the Ultimate Urban Circulator. “Frankly, our reputation is one that’s very positive with federal officials,” he said. He said that when he arrived in 2012 at JTA, the organization restructured its engineering and construction teams to include talent he brought from stints in San Francisco and Atlanta. “When it comes to construction, the JTA now has the gravitas, the experience and the capability to deliver,” Ford said. “The entire JEA team is now seen as the best in class in their areas.” DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466

We’re the Experts in COMPUTER FORENSICS. We’re the Experts in INVESTIGATIONS.

Sean Mulholland, CPP 904.354.7989 mulhollandinvestigation.com

//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

Cost: FREE for all members and guests!

Sponsor: Morton’s Steakhouse and Attorney at Law Magazine

••••••••••••••••••••••••••••••••••••••••• • • • • • • • • • • • • • • • • • • • •

RSVP no later than November 11 at www.JWLA.org.

MULHOLLAND FORENSICS, LLC

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, November 1, 2018 • Page 7 These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville.

Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@jaxdailyrecord.com

DAYCARE

n Haskell announced the promotion of seven

employees: Bryan Bedell, Water Division leader, was promoted to add vice president to his current title. Kristen Braden was promoted to vice president of construction operations for H.R. Gray, a construction engineering subsidiary of Haskell. Mike Helton was promoted to vice president of planning and development of the Federal, Healthcare & Energy Group. Danny Parmenter now is vice president of the Strategic Investments Group, promoting construction technologies and innovation. David Bates was promoted to vice president of construction core, leading field operations. Lance Simons was promoted from director to vice president of Safety and Quality. Brian Roundtree, a longtime safety professional, has been promoted to director of safety.

n Cypress Trust Co. named

Beverly Flanagan senior vice president and market executive operating in the Jacksonville King Street office. Flanagan formerly served as vice president for Fifth Third Bank, senior vice president Flanagan relationship manager for BBVA Compass Global Wealth and senior vice president for SunTrust Bank.

n Watson Commercial Realty Inc. added three to its

Jacksonville office: William Messer joined as a commercial real estate sales associate. Messer previously worked for Rayonier as a senior business development analyst. Doug Smith joined as a commercial real estate broker associate. Smith was a broker with Baker Realty and senior director of real estate at Baker Distributing Co. David Little joins as a real estate professional with more than 10 years of experience.

Ganesh Healthcare of JAX LLC, 644 Cesery Blvd., contractor is Power Builders Inc., 2,290 square feet, tenant build-out, $23,312. OFFICE, BANK, PROFESSIONAL Baptist Human Resources, 841 Prudential Drive, No. 640, contractor is Adams Interior Contractors Inc., 3,662 square feet, renovation, $172,580. ROOFING River City Science Academy Innovation, 8313 Baycenter Road, contractor is Register Roofing & Sheet Metal Inc., roof replacement, $308,000 JAX Property 770 LLC, 22 W. 38th St., contractor is J&M Roofing Services Inc., roof replacement, $127,132. Theramed Medical Clinics, 9360 Lem Turner Road, contractor is Tillman Building Services Inc., roof replacement, $22,000. City of Jacksonville, 5919 Links Notch Lane, contractor is All Around Roofing Inc., roof replacement, $16,480. SIGNS

BUSINESS IN BRIEF JaxPort sets record: JaxPort announced it set a record for container volumes for its fiscal year ending Sept. 30. The port moved nearly 1.3 million containers, a 23 percent increase over 2017. The port’s Puerto Rican container business grew 37 percent and its Asia trade rose 12 percent. JaxPort’s Asian business has grown an average of 14 percent annually over the past five years. Liquid bulk cargo that includes cooking oil and corn syrup increased 19 percent. It’s the third consecutive year JaxPort set container volume records. Land Trust purchase: North Florida Land Trust Inc. acquired 2,304 acres in Clay and Bradford counties from Lake City-based 301 Land Investments LLC. The property connects Camp Blanding to Jennings State Forest and is part of the Ocala to Osceola national forests wildlife corridor. The organization paid $5.48 million for the property. Funding was provided by the Army Compatible

Use Buffer program and a Florida Defense Support Task Force Grant of $385,000 via the Clay County Development Authority. Jim McCarthy, president of the Land Trust, said the organization plans to have a management plan in place by the summer of 2019 to address issues such as habitat and floodplain restoration, public access and security. McCarthy said they are working on about 20 projects and hope to have another acquisition by the end of the year. The North Florida Land Trust supports environmental protection primarily in Baker, Bradford, Clay, Duval, Flagler, Nassau, Putnam, St. Johns, Union and Volusia counties. Award to boost financial literacy: Girls Inc. of Jacksonville received a 2018 SunTrust Foundation Lighting the Way Award. The $75,000 grant is to continue and expand a financial literacy and confidence program for girls in grades K-8 and add the program in grades 9-12 starting in March.

Marital/ Family Law It is our belief that family law matters are especially sensitive and emotionally consuming for clients. We are responsive to clients and return telephone calls in a timely and prompt manner because your concerns are our priority. Our family law team strives to provide the best service and advice based on forty (40) years of experience with family law cases. We believe that professionalism, together with hard work, will produce the desired results expected by clients.

CareSpot Urgent Care Baptist Health, 12303 San Jose Blvd., contractor is General Sign Service Corp., two permits for wall signs, $20,000. Popeyes, Lousiana Kitchen, 7762 Argyle Forest Blvd., contractor is CB Sign Service Inc., five permits for wall and monument signs, $7,000. CareSpot Urgent Care, 2401 Monument Road, contractor is General Sign Service Corp., wall sign, $5,000. New & Used Office Furniture, 11417 Saints Road, contractor is General Sign Service Corp., wall sign, $1,950. UTILITIES NexTower Development Group LLC, 10384 Forest Blvd. S., contractor is Florida Tel-Con Inc., new cell tower, $160,000. Jacksonville Electric Authority, 1840 Cedar Bay Road, contractor is Core Construction Co., renovation, $95,000. Compiled by Scott Sailer

Intellectual Property • Patents • Trademarks • Copyrights • Trade Secrets We Protect Our Clients’ Most Valuable Assets

Practice areas: • Divorce • Custody • Prenuptial Agreements • Modification Proceedings

8777 San Jose Blvd, Suite 502 Jacksonville, FL, 32217

Mark M. Green, Esquire

• Martindale-Hubbell AV rating • “Super Lawyers” Top Attorneys in Florida Included since 2007

SINCE 1988

• Who’s Who in Law • Professionalism Award Family Law Inns of Court

Attorney Jack Gibney ™ AV® PREEMINENT ®

Martindale-Hubbell Lawyer Ratings

Member of Florida Bar since 1984. Member of Patent Bar since 2001. Jacksonville native. B.S., U.S. Merchant Marine Academy, Mechanical Engineer; J.D., Florida State University College of Law.

Attorney Mitchell Ghaneie

200 West Forsyth Street, Suite 450 | Jacksonville, Florida 32202 (904) 355-1155 | mgreen@gsmslaw.com

Member of Florida Bar and Patent Bar since 2015. Florida native. B.S., Florida State University, Biological Science; J.D., Florida State University College of Law.

904-717-6325 GibneyLaw.com

DEVELOPMENT TODAY

PEOPLE ON THE MOVE

Page 8 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE BASCH REPORT

Regency sees opportunity in retailer bankruptcies

MARK BASCH CONTRIBUTING WRITER

Shopping center developer moving from NYSE to Nasdaq. Jacksonville-based shopping center developer Regency Centers Corp. is losing a handful of tenants because of recent bankruptcy filings by oncethriving retail chains. However, Regency officials said during their quarterly conference call Friday that bankruptcy-related store closures are creating opportunities. “While these bankruptcies will certainly impact nearterm results, more importantly the remerchandising and redevelopment opportunities triggered by recapturing this real estate will positively impact our shopping centers over the long term,” said Jim Thompson, executive vice president of operations. Regency’s portfolio of more than 400 properties, mostly anchored by supermarkets, was 95.4 percent leased at the end of the third quarter. Thompson said Regency had five Toys R Us locations, two Kmarts and one Sears store in its portfolio. Kmart is part of Sears Holdings Corp., which filed for Chapter 11 bankruptcy last month. Regency also has 25 Mattress Firm stores in its shopping centers, and five of those leases have been rejected as the parent company reorganizes in a Chapter 11 bankruptcy, he said. CEO Hap Stein reiterated what he has been saying in previous conference calls, that successful retailers are investing in their stores to retain customers despite competition from Internet sales. Even e-commerce giant Amazon.com “has announced an aggressive rollout of bricksand-mortar locations, and this is in addition to the large investment in Whole Foods,”

File image

Jim Thompson, executive vice president of operations for Regency Centers Corp., said recent store closures will impact near-term results, but create redevelopment opportunities long-term.

Stein said. Regency reported operating funds from operations (a key earnings metric for real estate companies like Regency) of 89 cents a share for the third quarter, up from 87 cents a year earlier. Regency also announced Monday that it is transferring its stock listing from the New York Stock Exchange to Nasdaq, effective Nov. 13. The stock will continue to trade under the same ticker symbol, “REG.” Laura Clark, vice president of capital markets for Regency, said by email the switch is a “prudent decision” that will provide cost savings for the company.

Landstar seeing organic growth Landstar System Inc. will reach its 30th birthday at the end of this year and to celebrate, the Jacksonville-based trucking company expects to report about $1 billion in organic revenue growth for the year. That will bring total revenue for 2018 to more than $4.5 billion, CEO Jim Gattoni said in Landstar’s quarterly conference call last week. Third-quarter revenue rose 27 percent to $1.2 billion and earnings per share rose by 62 cents to $1.63. “In our view, the overall environment for Landstar continues to be strong,” Gattoni said. “I expect the record-breaking pace of the company’s

2018 financial performance to continue through the fourth quarter.” Gattoni projected fourthquarter earnings of $1.56 to $1.62 a share, up from fourthquarter 2017 earnings of $1.54, which included a one-time 46-cent tax benefit. Landstar was formed in Connecticut in 1988 as a holding company for several trucking businesses. It went public in 1993 and moved its headquarters to Jacksonville in 1997.

Foley sees ‘bump’ from Stewart deal After announcing an agreement in March to buy Stewart Information Services Corp., Jacksonville-based Fidelity National Financial Inc. continues with the long regulatory approval process for the merger that may not be completed until mid-2019. When the merger of the two title insurance companies is completed, Fidelity Chairman Bill Foley expects it to benefit Fidelity stockholders because Stewart is performing well. “If you noticed, Stewart held their revenue in the third quarter and actually improved their margins. So, we’re going to get a bump from that,” Foley said during Fidelity’s quarterly conference call last week. “We’re really pleased with the way the Stewart employees and the Stewart corporate staff have responded to the acquisition. It’s like they had lost their way for a few years, and the board was a little bit dys-

functional and they had some hedge funds that wanted to sell their positions, so it didn’t become the family company that it used to be,” he said. “They’ve got a 10 percent market share, and we think we can hold most of that market share and expand it.” Fidelity has about a 32 percent share of the U.S. title insurance market, and the approval process is taking a long time because regulators are expected to require divestitures of some of the merged operations to reduce the market share. Fidelity reported thirdquarter adjusted earnings of 78 cents a share, up from 63 cents the previous year.

Drone Aviation completes $1.7 million delivery

Drone Aviation Holding Corp.’s quarterly report filed with the SEC last week showed revenue of $995,838 in the first nine months of this year and a net loss or $3.9 million, or 43 cents a share. However, the Jacksonvillebased company also said it delivered a tactical aerostat to the U.S. Department of Defense valued at more than $1.7 million. Drone Aviation did not say when it will recognize revenue from completion of that defense contract.

Anheuser-Busch cuts dividend Anheuser-Busch InBev SA’s stock dropped to its lowest level in six years last week after the beermaker cut its annual dividend in half. The Belgium-based company which operates 12 U.S. breweries, including one in North Jacksonville, said it is cutting its dividend from 3.60 euros to 1.80 (about $2.05) this year. That sent its stock down as much as $9.37 last Thursday to $72.88, its lowest price since June 2012. Anheuser-Busch InBev dominates the U.S. beer market. However, beer sales to retailers in the U.S. declined by 1.6 percent in the first nine months of this year, and its U.S. market share declined by 0.45 percentage points. It did not give its total market share figure.

The company said its iconic Budweiser and Bud Light brands are performing better than past years but continue to lose a small percentage of market share. “The premium and premium light segments remain under pressure, as consumers trade up to higher price tiers,” the company said in a news release. Total revenue for the company fell by 3.5 percent to $40.4 billion in the nine-month period.

Mantle Ridge’s CSX stake reaches 5.1% Hedge fund Mantle Ridge, which partnered with the late Hunter Harrison last year to push a management shakeup at CSX Corp., is now CSX’s third-largest shareholder, according to recent Securities and Exchange Commission filings. With investors required to file with the SEC if they acquire more than 5 percent of a company’s stock, Mantle Ridge said in a filing last week that it now has 5.1 percent of CSX’s stock. The fund didn’t acquire more shares. It owns about 42.76 million CSX shares, the same amount it had in the spring when CSX filed its annual proxy statement. However, CSX’s outstanding shares have dropped from about 879 million in the spring to 844 million, so Mantle Ridge’s stake has increased from 4.8 percent to 5.1 percent. Mantle Ridge CEO Paul Hilal joined CSX’s board of directors when Harrison was installed as CEO in March 2017. The largest CSX stockholder is the Vanguard Group with 7.6 percent of the stock, followed by BlackRock Inc. with 5.7 percent, according to the proxy statement. Capital Research Group Investors was the largest stockholder listed in the proxy with 10.1 percent. However, the Los Angeles investment firm said in an SEC filing three weeks ago that it has reduced its stake to 4.6 percent. Investors also are required to file with the SEC when their stake in a company falls below 5 percent. MBASCH@ JAXDAILYRECORD.COM

COMING SOON!

Discover your INNER elf.

1776 A Musical Revolution

PRESENTING SPONSOR

OCT. 17 - NOV. 18

NOV. 21 -NOV. DEC. 2424 21 to DEC. GET YOUR TICKETS TODAY!

CALL 904-641-1212

or visit alhambrajax.com

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, November 1, 2018 • Page 9

REAL ESTATE

Top 10 sales of the week BY SCOTT SAILER • EDITORIAL RESEARCH DIRECTOR

Here are the top 10 real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Oct. 22-26.

Google

Exchange South at 9143 Philips Highway sold for $18.3 million, 11 percent more than in 2015.

$18,300,000

$6,050,000

$4,563,739

$4,400,000

$3,732,991

9143 Philips Highway, Jacksonville, Duval County

1039 Ponte Vedra Blvd., Ponte Vedra Beach, St. Johns County

2520 County Road 220, Middleburg, Clay County

Gate Parkway, Jacksonville, Duval County

8711 Philips Highway, Jacksonville, Duval County

Type: Exchange South office/warehouse Size: 18.15 acres Buyer: Savlan Exchange South LLC Seller: Exchange South Owner LLC Previous sale: $16,493,100 in 2015

Type: Single-family Size: 2.07 acres Buyer: Lemon Property 6 LLC Seller: Lawrence P. and Nancy J. Huang Previous sale: $2,700,000 in 1998

Type: John Deere Ag-Pro Cos. Size: 5.2 acres Buyer: AGNL Tractor (FL, GA) LLC Seller: Ag-Pro Real Estate Investments LLC Previous sale: $3,500,000 in 2015

Type: Vacant commercial Size: 10 acres Buyer: BW Gate Point Meadows LLC Seller: Arthur Chester Skinner III Trust

Type: John Deere Ag-Pro Cos. Size: 1.54 acres Buyer: AGNL Tractor (FL GA) LLC Seller: Ag-Pro Real Estate Investments LLC Previous sale: $895,000 in 2016

$3,668,250

$3,300,000

$3,230,000

$2,974,645

$2,925,000

CR 315, U.S. 17 South, Springbank Road, Eaton Road and Bellamy Road, Green Cove Springs, Clay County

Gate Parkway, Jacksonville, Duval County

559 Ponte Vedra Blvd., Ponte Vedra Beach, St. Johns County

100 S. Dancy Ave., Hastings, St. Johns County

Perimeter Industrial Parkway North and West, Jacksonville, Duval County

Type: Vacant commercial Size: 4 acres Buyer: Baer’s Furniture Co. Seller: Arthur Chester Skinner III Trust

Type: Single-family Size: 0.23 acres Buyer: Kay Nichols Revocable Trust Seller: Lemon Property LLC Previous sale: $3,650,000 in 2015

Type: GreenSouth Ag-Pro Cos. Size: 11.49 acres Buyer: AGNL Tractor (FL, GA) LLC Seller: Ag-Pro Real Estate Investments LLC Previous sale: $1,500,000 in 2015

Type: Timberland Size: 2,130 acres Buyer: IR RE Holdings LLC Seller: Gustafson’s Family Enterprises Inc.

Type: Vacant industrial and commercial Size: 38.91 acres Buyer: RP Perimeter West LLC Seller: Perimeter West Associates LLC

JO IN U S FO R AN O P E N H O USE

Ponte Vedra Beach Campus Tue., Nov. 13, 6-8 p.m.

Whitehurst Campus Wed., Nov. 7, 9-11 a.m. Tue., Nov. 27, 6-8 p.m.

Bartram Campus Tue., Nov. 6, 9-11 a.m. Thu., Nov. 8, 6-8 p.m.

Explore a World of Opportunities Bolles Life includes a superior curriculum and the greatest variety of high-quality educational offerings in Northeast Florida for grades Pre-K to 12. Extraordinary opportunities and grand discoveries await you in our vibrant, global community. Join us for an Open House to experience a day in the life of our students. We encourage you to see

for yourself how our high-caliber teachers engage students in exciting, active and challenging learning. Try Bolles Life for a day and you might not want to leave! Discover the possibilities at Bolles. To find an upcoming Open House, please visit www.Bolles.org or call (904) 256-5030.

San Jose Campus Fri., Nov. 2, 8 a.m. Fri., Dec. 7, 8 a.m.

Four Unique Campuses Ponte Vedra Beach Pre-K–5 Whitehurst Pre-K–5 Bartram 6–8 San Jose 9–12 Day school Pre-K through 12 and Boarding for Grades 9–12 with 5- and 7-day options.

Page 10 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

Shopping CONTINUED FROM PAGE 1

south of Race Track Road and adjacent to the recently completed Florida 9B extension. The first phase will comprise about 650,000 square feet of retail space, followed by more than 1 million square feet in phase two, to be anchored by Bass Pro Shops. The second phase plans also call for hotels, office space, multifamily residential units. Retail space isn’t all that will be developed. The project was granted entitlements to build up to 2.8 million square feet of office space. Site plans outlining the third and fourth phases show an office park on the eastern edge of the development, adjacent to Interstate 95, with corporate office and neighborhood professional office spaces. The project is being developed through a joint venture between Gate Petroleum Co. and Gatlin Development Co. Inc. A news release from the partners refers to the project as a “super-regional, mixed-used development.” In addition, smaller neighborhood shopping centers are planning to open near Durbin Park, in Nocatee and in other areas of northern St. Johns County. There have not been announcements about stores interested in SilverLeaf and Beachwalk. St. Johns County shoppers seem to welcome the retail. “I think our residents are really excited to see Durbin Park come online. They have had limited options for entertainment and retail experiences. This gives them the ability to be able to shop in their own community,” said Melissa Glasgow, St. Johns County’s director of economic development. That also means shoppers might not travel into Duval County. “This has a big potential of

InMotion CONTINUED FROM PAGE 1

they are based in London. It’s a win-win for both teams,” he said. Smith remains president and CEO of InMotion. “We will continue to operate as we are today. We will be an operating subsidiary of WH Smith with no change in management or location,” he said. InMotion is based in Southside’s Center Point Business Park at 4801 Executive Park Court,

THE PAVILION AT DURBIN PARK Here’s what’s been announced so far at The Pavilion at Durbin Park in northern St. Johns County. Gate Petroleum Co. also will open a convenience storegas station and a Gate Express Carwash. Plans for the second phase of the development include office space, multifamily homes and hotel rooms. Cell phones n AT&T n Sprint n T-Mobile n Verizon Services n Baptist Primary Care n CareSpot Urgent Care n Chase Bank n Great Clips

“What competition sometimes does is it actually helps everybody as it relieves some of that pressure on other stores,” Becton said. “We do need traffic relief in the southern end of (Duval), so those (St. Johns) residents can benefit from having their own neighborhood retail.”

Suite 100, off Philips Highway north of Butler Boulevard. Smith expects to operate 117 locations by year-end. WH Smith said InMotion’s sales grew 13 percent year-todate after growth of 12 percent in 2017. Sales are expected to end the year at $166 million. WH Smith said the transaction “marks a significant step in WH Smith’s international travel growth strategy.” It considers the acquisition a platform that will allow it to expand its international travel business into “the world’s largest

travel retail market.” WH Smith said the deal doubles the size of its international travel business. Clarke said in the release the travel retail market in North America for digital accessories offers significant growth potential. “As the market leader, recognized for its best-in-class customer service, InMotion is well positioned to take advantage of that potential,” he said. The purchase also allows WH Smith to launch the airport format into the U.S. for news, books

and convenience products. Plus, it said, the acquisition provides “significant potential to accelerate growth” outside of the U.S. using the InMotion format. WH Smith was founded in 1972 and says it is one of the oldest chain stores in the world. It operates more than 1,400 stores worldwide with operations in 52 airports and across 28 countries outside of the U.K. It has two businesses – Travel and High Street. The Travel business operates from 582 units in U.K. airports, railway stations, hospitals and other areas and 300

units outside of the U.K. Travel is two-thirds of the group’s profits. High Street operates from 607 stores to sell stationery, books, newspapers, magazines and other products. The digital retail businesses sell across three websites at whsmith.co.uk, cultpens.com and funkypigeon.com. WH Smith employs about 14,000 people, primarily in the U.K.

jlesowitz@jaxdailyrecord.com or 904-356-2466 for a personalized FREE consultation.

Daily Record Daily Record JACKSONVILLE

Photo by Jay Schlichter

resents retail and commercial real estate clients in Northeast Florida. If Durbin Park’s developers are successful in building out the allowable square footage, the retail space alone will be larger than St. Johns Town Center, which has 1.4 million square feet of retail space. Shopping centers developed near the Town Center generated hundreds of thousands of additional square feet of stores and restaurants.

Contact Jay Lesowitz

Daily Record

Restaurants n Asian Fusion n Firehouse Subs

for some Duval shopping centers like St. Johns Town Center, which he said often is congested. He is not the only one who thinks that. “You will absolutely see people (from St. Johns County) electing convenience over having more choice options. If they go all the way up to The Avenues, they have more options, but they have to drive 30 minutes to get there,” said Kate Clifford, the owner and broker of Strategic Sites, which rep-

Let me help grow your business with smart marketing strategies based on your goals, putting my 30 years of marketing experience to work for you.

JACKSONVILLE

Entertainment n Cinemark 12-screen movie theater

n Jana Japanese Steakhouse n Kazu Sushi n Keke’s Breakfast Cafe n Salsas Mexican Restaurant n Smoothie King n Tropical Smoothie n Your Pie

impacting The Avenues mall,” said Jacksonville City Council member Danny Becton, whose district includes the center and abuts St. Johns County. The Avenues mall is the southernmost regional shopping center in Duval County. Becton said St. Johns residents likely will choose to stay and shop within a short distance instead of driving into Duval and fighting traffic. He said that could be positive

To Grow Your Business

JACKSONVILLE

Massage and Facial Spa n Heartland Dental n Korial Cleaners n Lee Nails

Stores n Burlington n Dollar Tree n Five Below n Mattress Firm n Petco n The Home Depot n Walmart

The Gate convenience store and car wash is under construction at The Pavilion at Durbin Park.

ADVERTISING SOLUTIONS

Daily Record

n Hair Cuttery n Hand & Stone

JACKSONVILLE

Record & Observer JACKSONVILLE

Record & Observer

JACKSONVILLE

Record & Observer

JAYS@JAXDAILYRECORD.COM @JAY_SCHLICHTER (904) 356-2466

KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

Did You Make Headlines? Order Your Daily Record

ARTICLE REPRINT Custom-designed reprints are the ultimate PR tool, presenting a powerful impression to shareholders, clients and prospective customers.

DISPLAY IN YOUR OFFICE

REQUEST A DIGITAL COPY

Available for purchase at

JaxDailyRecord.com/reprints

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, November 1, 2018 • Page 11

$5M awarded in legal malpractice case BY MAX MARBUT ASSOCIATE EDITOR

A Jacksonville attorney representing a couple whose child was permanently injured during birth won a $5 million verdict for legal malpractice against the Morgan & Morgan law firm. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and a hospital. The Pollocks are represented by Donald St. Denis of St. Denis & Davey. The law firm specializes in representing plaintiffs in legal malpractice actions. Headquartered at Riverplace Tower on the Southbank Downtown, the firm also has offices in Miami, Panama City,Tampa and West Palm Beach. Morgan & Morgan plans to appeal the jury’s award. “We defended this case because we think we are right. We still believe we are right. We have never, ever had a verdict against our firm. We fully

Special to the Daily Record

Donald St. Denis of St. Denis & Davey represented Shawna and Rock Pollack in their case against Morgan & Morgan.

expect to win outright on appeal and have a judgment entered by the appellate courts in our favor,” said John Morgan in an emailed response. St. Denis said the case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience deteriorating fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was per-

formed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was so focused on collecting a large fee for the child’s brain injury claim that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida BirthRelated Neurological Injury Compensation Association, and well after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks, St. Denis argued in court. “Morgan & Morgan was

focused so intensely on a potential multimillion contingency fee for the child’s devastating birth-related injuries that the firm neglected to focus on injuries caused to the parents, especially the mother,” he said. The compensation association was created in 1988 by the state Legislature. It manages a plan, referred to as NICA, that pays for the care of infants born with certain neurological injuries, such as those caused by oxygen deprivation during birth. Doctors and other birthrelated practitioners who wish to participate in the plan pay an annual $5,000 fee; hospitals contribute an annual fee based on $50 per infant born in their facility. As of June, more than 1,200 medical professionals and all hospitals licensed by the state were plan participants. Acceptance into the plan is determined by an administrative law judge after a petition is filed by the Florida Division of Administrative Hearings. When accepted through an order from the judge, the child’s care expenses are covered for life and no other compensation from a malpractice lawsuit is available. The plan pays expenses for necessary and reasonable care services, drugs, equipment, facilities and travel, excluding expenses that can be compensated by government agencies or private insurers.

The successful candidate will possess and be responsible for, but not limited to the following: performing a variety of administrative and secretarial duties for managing the oﬃce of a Circuit Court Judge. Working knowledge of trial court (including civil, family, and criminal) rules and procedures. Work requires independent judgment and is performed under the general supervision of a Circuit Court Judge. Ability to operate standard oﬃce equipment including personal computers and word processing and data entry applications for case management. Three years of responsible experience as a legal secretary or paralegal.

MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466

Custom Clothier

JUDICIAL ASSISTANT

(to a Circuit Court Judge) Deadline: November 09, 2018 at 5:00 P.M. $36,980.58 Annually

According to the association’s website, nica.com, the plan is available to eligible families statewide without litigation. “By eliminating costly legal proceedings, and through professional management of its disbursements, NICA ensures that birth-injured infants receive the care they need while reducing the financial burden on medical providers and families,” the site states. The jury found that the OB-GYN practice, Gulf Coast Obstetrics & Gynecology Ltd.; the nurse midwife, Laura Danner, C.N.M.; and the Sarasota County Public Hospital District, d/b/a Sarasota Memorial Hospital, were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred.

LAW & THE COURTS

Jacksonville attorney represents injured couple in lawsuit against Morgan & Morgan law firm.

You may have known we’re the top men’s custom clothier in town. But did you know... we also make ladies’ custom clothing?

How to Apply: Submit a State of Florida application located at https://www.dms.myﬂorida.com/content/ download/59570/251607/version/4/file/ State+App06-13.pdf a cover letter and a current resume to: Debra Marchant, HR Manager, Duval County Courthouse 501 West Adams St., Room #6200 Jacksonville, FL 32202 Or CourtHR@coj.net WE ARE AN EEO EMPLOYER If you need an accommodation to participate in the application process, please call: • (904) 255-1695 or • Use the Florida Relay Service (TTY): 1-800-955-8771, in advance.

Visit us at our showroom in Jacksonville Beach or have us come and fit you at your office.

Find What Suits You

Mention this ad and get $250 off your first custom suit – new customers only.

JTVINSON.COM | 904.233.2856

2419 3rd Street South, Jacksonville Beach, 32250

Page 12 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

THE MARBUT REPORT

Georgia wins annual moot court competition LEGAL BRIEFS n Burr & Forman added associate attorney Aubrey Smith to the firm’s Creditor’s Rights & Bankruptcy and Commercial/ Corporate Litigation practice groups in Jacksonville. Smith earned her J.D. from the University of Florida Levin College of Law.

Smith n Candace Padgett has joined Boyd & Jenerette as an associate attorney focusing on insurance defense litigation, federal and state insurance coverage issues, insurer bad-faith cases and appeals.

MAX MARBUT ASSOCIATE EDITOR

Competition was before the annual GeorgiaFlorida football game. Before the University of Georgia’s student athletes defeated the University of Florida on the gridiron Saturday, UGA’s law students prevailed in the other traditional competition of the annual weekend in Jacksonville: The 38th annual Hulsey/Gambrell Moot Court Competition. Two third-year law students from each school argued a theoretical appellate case involving First Amendment free speech and 14th Amendment due process issues before a panel of five federal judges. After deliberations by the panel, the arguments by Jennifer Cotton and Miles Skedsvold from Georgia were deemed superior over those of Savannah Clifton and Brooke Taylor from the University of Florida. With Senior U.S. District Judge Harvey Schlesinger presiding as the neutral, the panel comprised Senior U.S. District

Photo by Max Marbut

Smith Hulsey & Busey partner Steve Busey presented the Georgia-Florida Hulsey/Gambrell Moot Court Competition trophy to Jennifer Cotton and Miles Skedsvold, the team from the University of Georgia.

Judge William Terrell Hodges and U.S. District Judges Marcia Morales Howard, William Moore and Lisa Godbey Wood. Schlesinger opened the proceeding with what he called “a little bit of levity to lighten things up.” Since there were three judges, including Schlesinger, from Florida jurisdictions and two from Georgia jurisdictions on the panel, Schlesinger administered to them an oath to “renounce all allegiance to any prince, potentate, law school or sovereignty” as they considered the arguments and made their decision.

JWLA looks at board certification Attorney Jamie Moses, senior counsel at Holland & Knight’s office in Orlando, is the invited

speaker for the Nov. 8 Jacksonville Women Lawyers Association monthly CLE meeting. An appellate litigation specialist, her topic will be the advantages of being boardcertified by The Florida Bar. Lunch begins at 11:45 a.m. at The River Club; it’s approved for 1.0 general CLE hour. Visit jwla.org to register.

Real estate investor sentenced A Jacksonville real estate investor was sentenced to 15 months in federal prison for possessing and passing fraudulent government securities — specifically, four U.S. Treasury checks. Neil Andre Butler, 47, was found guilty July 20 at a bench trial and was sentenced last week by U.S. District Judge

Padgett

n Rogers Towers add-

ed Markenson Pierre to the law firm’s Litigation Department in the Jacksonville office. His practice focuses on the defense of civil litigation, including business disputes and premises liability actions. Pierre received his bachelor’s degree from the U.S. Military Academy at West Point and his J.D. from the University of Alabama.

Brian Davis. According to court documents, Butler borrowed funds to buy distressed properties, intending to refurbish and “flip” them for a profit. When his business began to fail, in an effort to put off his financing sources, Butler manufactured and mailed four fraudulent checks to his creditors. The checks totaled more than $250,000 and were purportedly payable by the U.S. Treasury. The case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorney Michael Coolican.

Pierre

Vacancies on Bar foundation board The Florida Bar Foundation is seeking applications for two vacancies on its board. Appointees will serve threeyear terms beginning July 1. The board administers The Florida Bar’s Interest on Trust Accounts program. To apply, visit floridabar. org or call Bar headquarters at (850) 561-5667 for more information. The deadline is 5 p.m Dec. 7. MMARBUT@ JAXDAILYRECORD.COM

CAWTON REPORT:

David Cawton GOVERNMENT AFFAIRS, STAFF WRITER

Hometown: Jacksonville Beach Currently living: Riverside area of Jacksonville Daily Record employee: 1 ½ years Alma mater: Jacksonville University (B.A.) / Quinnipiac University (M.S.) What you do when you are not working? Hanging out with my golden retriever, taking in a Jaguars game and surfing

I love covering my hometown, especially the policymakers. I pursued news

when I can make it out to the beaches.

because I wanted to be up close and personal with the people making laws, shaping our communities and making big decisions with our tax dollars.

Connect: Dcawton@jaxdailyrecord.com

Jacksonville is a growing city with more potential than it knows what to do with, but it will only realize that potential if those in power are good stewards of the taxpayers and their tax dollars. David Cawton

TO SUBSCRIBE VISIT JAXDAILYRECORD.COM/SECUREORDER OR 877-231-8834

Jacksonville Daily Record/Jacksonville Record & Observer

Thursday, November 1, 2018 â€˘ Page 13

BY MAX MARBUT â€˘ ASSOCIATE EDITOR

Christene Ertl, senior partner at Ansbacher Law, was recently board certified by The Florida Bar in condominium and planned development law. Who or what inspired you to become a lawyer? Watching multiple episodes of Perry Mason reruns with my father when I was growing up inspired me to become a lawyer. My father would always say I debated â€œjust like Perry Mason.â€? Being an attorney or judge and a teacher was on my list of â€œwhat do you want to be when you grow upâ€? since I can remember.Â I taught business law as an adjunct professor at Flagler College and teach community members regarding service on community association boards.

Age: 45 Education: Florida State University, bachelorâ€™s in communication studies/pre-law; University of Miami School of Law, J.D. Residence: St. Augustine Family: Husband and one son Someone who inspires me: Sheryl Sandberg (Facebook chief operating officer) Favorite book: the â€œGame of Thronesâ€? series Book Iâ€™m reading now: â€œSapiens: A Brief History of Humankindâ€? by Yuval Noah Harari

How do you relate your undergraduate degree to your practice of law? My degree is in pre-law, a small major in the communication school at Florida State University that included not only course work on communications styles (which is very relevant for attorneys) but also on legal argument and debate. How did you decide your practice area? I began my career interested in being a business/entertainment attorney.Â In that endeavor I ended up working with law firms in their business and intellectual property departments.Â As time and economies evolved, my business law practice turned to more and more real property law issues, which led to the perfect marriage of the two practice areas, community association law.

SeniorÂ partner, Ansbacher Law

IN THE LAW

CHRISTENE M. ERTL

App I canâ€™t live without: Twitter Special to the Daily Record

What has been the biggest change in your practice area since you passed the Bar? The number of community associations in Florida, especially HOAs. What do you think will be the next biggest change in your area of law? The merger of the COA and HOA statutes. What community service have you pursued

and why that? I work with two local nonprofits as a volunteer.Â One is related to my love of music and the promotion of arts and artists. The other is related to assisting those most in need, the impoverished and homeless in St. Augustine.

Favorite nonwork activity:Â Mountain biking with my family

Whatâ€™s your advice for new lawyers? Find a mentor and always remain courteous and respectful.

REPLACEMENT WINDOWS â€˘ FRENCH DOORS â€˘ ENTRY DOORS â€˘ GLIDING DOORS â€˘ RENEWALBYANDERSEN.COM

Y! R R U H

mited are a li ments t There ppoin er of a before ll a numb c rd to must u o y d v 23 â€“ an ayâ€“No id r F of this Black antage v d a e . tak l offer specia

BLACK FRIDAY Windows & Patio Doors

SAVINGS EVENT

Our exclusive FIBREXÂŽ material stays strong; even after 20 years of exposure to severe hot and cold temperatures.Âš

On Every Window* AND

On All Patio Doors*

PLUS

Renewal by Andersen offers replacement windows with glass options that are ENERGY STARÂŽ certified in all climate zones.Â˛

NO Money Down, Payments or Interest*

Â Â? Â? Â? Â? Â? Â? Â Â Â Â€ Â‚

FREE Window Diagnosis & In-home Design Consultation! *

/ /

(

)

â€œ

â€?

48Price Quote HOUR

/ (

904-222-8064

) ÂŠ

GUARANTEE

Page 14 • Thursday, November 1, 2018

THE BAR BULLETIN

Jacksonville Daily Record

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM FROM THE PRESIDENT

GO VOTE

INSIDE

IT’S YOUR CIVIC DUTY YOUNG LAWYERS

You’ve been summoned Young lawyers, legal students, the judiciary and court personnel are invited Wednesday for “Afternoon at the Courthouse.” PAGE 17

ON THE BENCH

Don’t let apathy or cynicism keep you from the polls.

lection Day, Tuesday, is only a few days away. Soon the ads will stop, the signs will come down, the vitriol will slide back to its post-2016 new normal and the postmortem will begin over whether the pundits were right or wrong. We slip back into our routines so easily that we can now predict even the postelection commentary, whatever the results may be. In this mindset, there is a danger that we will substitute cynicism for civic engage-

KATIE DEARING JBA PRESIDENT

ment; that we will think our votes don’t matter, so why bother? It seems many of our fellow citizens have reached that conclusion. In the August 2018 primary, fewer than one-third of our registered voters exercised this fundamental, quintessentially American right. (Clay County, 27 percent; Duval, 28 percent; Nassau, 31 percent). That’s not good enough, not nearly good enough for a country founded on the right SEE DEARING, PAGE 19

4th Judicial Circuit Judge Don Lester Find out why Lent is his favorite holiday. PAGE 18

COMMENTARY

Q&A on dogs and breweries Looking beyond the headlines and outcry on social media on why your pet isn’t allowed inside. PAGE 16

JBA HOLIDAY PROJECT

Spreading the spirit, the Jacksonville Bar Association way Sponsor a senior citizen, give back to the community and make a wish come true.

KIMBERLY WOODS 2018 JBA SENIOR HOLIDAY PROJECT CHAIR

Once again, the season of giving is upon us. Each year, the Jacksonville Bar Association partners with Aging True and Meals on Wheels to give back to local senior citizens through the JBA Holiday Project. Beginning in September, Aging True sends out wish lists to the

senior citizens participating in the Meals on Wheels program. The seniors return their lists noting items they wish to receive as gifts. The gifts can range from small appliances to clothing and snacks. Attorneys or law firms who wish to be paired with a senior submit their sponsorship interest to the Holiday Project Committee members. Starting in November, sponsors are matched with seniors and then purchase gifts from the selected senior’s wish list.

While some sponsors choose to personally deliver their gifts and spend time with their senior (highly encouraged), officers from the Jacksonville Sheriff’s Office volunteer to deliver many of the gifts. Many sponsors share photographs and stories about the time they spend with their seniors. Sometimes the seniors share stories about the changing times, their family and loved ones, or even just casual chitchat. Duval County Judges Eleni

Derke and Roberto Arias personally delivered their gifts last year and shared this story: “Best day of Christmas Season so far: delivered gifts to our seniors through the Jacksonville Bar Association’s Holiday Project. The beautiful woman just turned 101 in October. She was telling us stories and stopped herself because she was about to start crying. The lady (pictured on Page 19) cried and said, “they’re tears of joy!” Such SEE PROJECT, PAGE 19

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, November 1, 2018 • Page 15

PRO BONO COMMENTARY

It’s time to create a legal aid society for veterans

FRIDAY PRO BONO Noon, Jacksonville Bar Association. Register at jaxbar.org MONDAY FAMILY LAW Noon, Jacksonville Bar Association. Register at jaxbar.org

Clients who need our help are waiting in Duval County.

NOV. 13 ELDER LAW Noon, Jacksonville Bar Association Register at jaxbar.org NOV. 15 COMMERCIAL LITIGATION Noon, Jacksonville Bar Association. Register at jaxbar.org NOV. 30 HEALTH & WELLNESS Noon, Jacksonville Bar Association. Register at jaxbar.org

JOSEPH SCONE CO-CHAIR OF THE JBA VETERANS AND MILITARY AFFAIRS COMMITTEE

Duval County has more than 83,000 military veterans among its population. Many are low income, homeless, disabled or otherwise unable to find the legal services they need. Veterans frequently have problems that require an understanding of Veterans Administration procedures or other programs specific to veterans and military service members. The questions to consider are whether the veterans of Duval County need a legal aid society and whether Duval County has the will to support a veteran-specific legal aid society. In looking at the needs of veterans over the past five years to identify where efforts should be placed, I noticed significant changes. Five years ago, much of the focus of veterans’ advocacy was on young veterans becoming homeless because they had difficulty returning to civilian society after their military service. Homelessness, PTSD, substance abuse and a high suicide rate brought those veterans in contact with law enforcement officers on a frequent basis. The 4th Judicial Circuit Veterans Treatment Court grew to address that problem. While the above are serious problems, our police and courts are better than ever at recognizing and addressing problems. Presently there are substantially fewer veterans returning directly from war. Those who are longer out of service have different needs. I believe it is the problems beyond the immediate that need a concerted effort. For 88 years, the Veterans Administration has been providing an array of benefits for veterans who can successfully navigate its ever-changing regulations. Veterans with access and benefits can escape acute problems, but they first need access. Duval County has a substantial veteran population and several military installations. With an abundance of customers, and lack of competition in the area, a veterans’ rights practice should look attractive. Why aren’t attorneys flocking to

UPCOMING EVENTS WEDNESDAY AFTERNOON AT THE COURTHOUSE Noon, Duval County Courthouse jury assembly room. Approved by The Florida Bar for 4.0 CLE credits/1.0 ethics credit Admission is $10. Register at jaxbar.org

File image

There are more than 83,000 military veterans in Duval County and many need your help.

represent veterans against the VA? The answer is that usual suspect: money. In order to keep greedy lawyers away from veterans’ money, the VA created a fee structure that severely limits when an attorney can charge for services and how much can be charged. Attorneys who are successful at their claim can be paid 20 percent of the back-due benefit. There can be no claim on future benefits. Attorneys who contract outside the VA fee structure have practically no enforcement mechanism should the client later decide to not pay. For a client with a 5-year-old claim, changing a disability rating from 0 percent to 100 percent can generate a fee nearing $35,000. However, the typical case only increases a veteran’s benefits by 10 to 20 percent. Increasing a veteran’s disability rating from 20 percent to 30 percent takes the same amount of attorney effort as the aforementioned “golden unicorn” case, yet it generates a fee of less than $1,500. If personal injury attorneys were so limited, we would have no legal advertising on television. But these unprofitable cases can dramatically change a veteran’s life. The extra $148 a month may not be the pot of gold at the end of a veteran’s rainbow, but 30 percent disability or greater provides access to a host of benefits and programs. At 30 percent, there are programs available from housing assistance to education and vocational training. Other programs offer modifications of

THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President T. A. “Tad” Katie Dearing Delegal III Delegal Law Dearing Law Offices Firm

Secretary MichelleFox Michael Bedoya Orr Barnett Alexander Dawson | Orr DeGance Barnett

President-elect Katie L. Dearing Elizabeth Ferguson The Dearing Marshall Dennehey Law Firm Warner Coleman & Goggin Treasurer Elizabeth B. Ferguson Treasurer Marshall Bedoya Michelle Dennehey Barnett Warner Coleman &DeGance Alexander Goggin Barnett

Young Lawyers Section President Alexandria Jessica Mathis V. Hill Maple Street Dawson | Orr Biscuit Co. Executive Director Jim Bailey, (904) 399-4486 Interim Executive Director Carla Ortiz-Ramos

living space, protections in the workplace and access to the health care the veteran was promised years ago. Our current legal aid societies do an admirable job, but too often lack the veterans law focus or resources that this segment of our population needs. I spoke to legal aid society attorneys in Jacksonville, Atlanta, Detroit and Washington, D.C. Not a single attorney surveyed had brought a case before the Board of Veterans Affairs or even briefed the Court of Appeals for Veterans Claims. Few attorneys had conducted a hearing at their local Veterans Affairs Regional Office. Those three reviewing bodies constitute the lion’s share of the infamous VA case backlog, yet very few attorneys have practiced there. I feel the time has come to create a legal aid society specific to veterans. We need a group that has the focus to serve veterans and the flexibility to work with the existing legal aid societies. To create that society takes more than flag waving and political promises. It takes hard work and money. You can help build the Veterans Legal Center of Duval County. Your knowledge, expertise and assets can create a lasting solution that will help generations of veterans. Now is the time to help those who served.

WEDNESDAY YOUNG LAWYERS SECTION HAPPY HOUR 5 p.m., Museum of Contemporary Art Jacksonville. Register at jaxbar.org

NOV. 14 JBA MEMBER LUNCHEON 11:45 a.m., Hyatt Regency Jacksonville Riverfront Featured speaker: Rory Diamond, CEO of K9s For Warriors 0.5 CLE credit approved by The Florida Bar. Register at jaxbar.org

JOSEPH SCONE IS A PERSONAL INJURY ATTORNEY FOCUSING ON VETERANS’ RIGHTS.

BOARD BOARD OF OF GOVERNORS GOVERNORS MEMBERS MEMBERS Fraz Fraz Ahmed Ahmed The Coker LawLaw Offices of Eric S. Block

Blane Blane McCarthy McCarthy Blane Blane McCarthy McCarthy

Michael Michael I. I. Bateh Bateh Office Office ofof the the Public Public Defender Defender

Michael AsgharF.A.Orr Syed Dawson Gunster | Orr

Brian Brian T. T. Coughlin Coughlin Bedell Bedell Firm Firm

Asghar CyndyA.Trimmer Syed Smith Driver, Hulsey McAfee, & Busey Hawthorne & Diebenow Lindsay L. Tygart Coker, Lindsay Schickel, L. Tygart Sorenson, Coker Law Posgay, Camerlengo & Iracki

Christian Christian P. P. George George Akerman Akerman

EDITORIAL EDITORIAL COMMITTEE COMMITTEE Editor-in-chief Editor-in-chief Cynthia Kelly Trimmer Karstaedt Driver, McAfee, Karstaedt Peek&&Stanko Hawthorne Editors Iana Iana Benjamin Benjamin Darlington Darlington Jordan Jordan Law Law Dave Dave Chauncey Chauncey Alexander Alexander DeGance DeGance Barnett Barnett Ashlea Ashlea Edwards Edwards GrayRobinson GrayRobinson

Kelly Jessica Karstaedt Mathis Karstaedt Dawson&| Orr Stanko Adina Kirsten Pollan Oliver Pollan Steve Legal Watrel, P.A. Adina Pollan Pollan Legal

JBA CALENDAR

COMMITTEE MEETINGS

Page 16 • Thursday, November 1, 2018

THE BAR BULLETIN

Special to the Daily Record

Cyndy Trimmer and her camera-shy dog, Cappy. A brewery risks losing its license if it allows Cappy inside.

COMMENTARY

What do you mean I can’t bring my dog to the brewery? A look at the law that bans pooches from pubs — and what can be done about it. BY CYNDY TRIMMER JBA BOARD OF GOVERNORS

News and social media outlets exploded in August with public outcry when the Florida Department of Health sent letters to brewery and taproom operators warning that animals are prohibited indoors. The letters read: “It has come to the attention of the Florida Department of Health-Duval, some facilities are allowing animals inside the bar. Per Florida Administrative

Code, 64E-11.008(8) Live birds and animals – No live birds or animals except for crustacea, shellfish and fish in aquariums shall be allowed in food service establishments, in vehicles used for transporting food or in any other area or facility used to conduct food service operations; except as provided under Section 413.08 F.S.” Although bars under the jurisdiction of the Department of Health do not have traditional food service, 64E-11 defines food as any raw, uncooked, or processed edible substance, ice, beverage or ingredient used or intended for use in whole, or in part, for human consumption. Animals may be present outside the bar, on a patio or similar area.

Much of the local awareness of the issue can be credited to Southern Swells Brewing Co., which posted a copy of the warning Aug. 16 and Green Room Brewing owner Mark Stillman, who started a petition at change.org. As of Oct. 22, the petition “Allow Pets in Florida Breweries” had 33,485 signatures. Despite the extensive coverage, there still is a perception that the crackdown is the result of a change in the law targeted at dogs in breweries. Here are the answers to some of the questions I’ve heard since the news broke: Where does the rule come from? When did the law change?

Jacksonville Daily Record

Pursuant to Section 381.0072(1)(a), Florida Statutes, the Florida Department of Health is charged with a duty “to adopt and enforce sanitation rules consistent with law to ensure the protection of the public from food-borne illness. These rules shall provide the standards and requirements for the storage, preparation, serving, or display of food in food service establishments as defined in this section.” Section 64E-11.002 of the Florida Administrative Code has provided that defined terms are as detailed in the “Food Code” established by the United States Public Health Service, Food and Drug Administration. It defines “food” to mean “a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.” As quoted in the warning letter, the Florida definition of “food” tracks the definition established by the U.S. Public Health Service. This has been the definition since the rule’s inception in 1998 and does not represent a change in the law. Due to its breadth, the definition means that a glass of beer qualifies as “food” even in breweries where traditional food service is not offered. Who is enforcing this rule? Is there really a chance that a brewery could get caught? The Department of Health’s deputy press secretary, Brad Dalton, has been quoted as saying that there is “no current push for enforcement.” However, under Section 381.0072(3)(d), Florida Statutes, the Department of Health shall inspect each food service establishment as often as necessary to ensure compliance with applicable laws and rules. Agents are granted the right of entry and access at any reasonable time. There is no set schedule for inspections or limitation on the number of inspections that can be conducted. Moreover, according to a representative from the Tallahassee code enforcement office, field inspectors are taught to look for signs that animals have been welcomed indoors, such as water bowls on the ground or dog hair in hard to reach places. Even if an operator were lucky

enough to avoid getting caught during a random inspection, code enforcement officials also may monitor social media and watch for pictures of dogs posted by unwitting taproom guests. What’s the worst that can happen if dogs are allowed inside? Pursuant to Section 381.0072, Florida Statutes, punishment for violation of food service regulations may include (i) imposition of fines against the establishment or operator, or (ii) suspension or revocation of the food service license after which time the establishment must remain closed. The suspension or revocation period may last up to 12 months, after which time the establishment may apply for reinstatement or renewal of the license. In short, a brewery risks losing its license and having to close its doors. How do we change the law? With regard to food safety, the state Legislature has delegated rule-making authority to the Department of Health. Section 120.536 and 120.54, Florida Statutes, detail the steps required to create or amend a rule. The procedure includes several opportunities for public comment including a development workshop, a 21-day period for public comment and a final public hearing. Of note, Section 120.54(7), Florida Statutes provides that any person who is regulated by an agency or who has a substantial interest in an agency’s rule may petition the agency to adopt, amend or repeal a rule. And of course, as urged in the online petition, those interested may “contact your state legislator and encourage them to pass dog-friendly legislation so that people can continue to enjoy having their four-legged family members join them at their favorite brewery, winery, distillery or pub. Find you legislator at http://myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx.” CYNDY TRIMMER IS AN ASSOCIATE WITH DRIVER, MCAFEE, HAWTHORNE & DIEBENOW PLLC FOCUSING ON LAND USE AND ZONING INCLUDING MATTERS RELATED TO LIQUOR LICENSING.

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 .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.

Upcoming CLEs NOV. 8 Digital Forensics in Cases lunch & learn Noon, Jacksonville Bar Association Approved by The Florida Bar for 1.0 CLE credit/1.0 technology credit Register at jaxbar.org NOV. 8 Mapping the Video Divide Noon, Orange Legal Approved by The Florida Bar for 1.0 CLE credit/1.0 technology credit Register at jaxbar.org NOV. 13 Digital Evidence: There’s an app for that Noon, Duval County Courthouse, Chief Judge Mark Mahon’s conference room Approved by The Florida Bar for 1.0 CLE credit/1.0 technology credit/1.0 ethics credit

Keep involved in the JBA

Key reasons to renew 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 Summer Judicial Reception free to members n General & 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 edition of Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n JBA E-News member email n Free listing in website directory with photo

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, November 1, 2018 • Page 17

PRO BONO YOUNG LAWYERS

Your presence is requested at ‘Afternoon at the Courthouse’

COURTNEY GAVER EX-OFFICIO YOUNG LAWYERS SECTION BOARD MEMBER

The annual event is designed for new attorneys. Attorneys and law students in the 4th Judicial Circuit are cordially “summoned” by the Young Lawyers Section to attend “Afternoon at the Courthouse” on Wednesday. The annual event is designed to introduce law students and Jacksonville’s newest lawyers to the Duval County Courthouse, the judiciary and court personnel. Circuit judges, county judges, their judicial assistants and attorneys will provide insight and commentary on professionalism, courtroom etiquette and the professional courtesies by which our legal community

abides. Judges expound upon the “Gold Standard” in the 4th Circuit and the legacy that is passed down to young lawyers who practice here. From information on free resources available to new attorneys to how to handle an emergency filing, attend ex parte hours and a look at the new PDF/A court document standard, the seminar assists attorneys in learning what to do, where to go and who to ask. Historically, a highlight of the event is the guided tour when attendees get a glimpse into hearing rooms, courtrooms, jury rooms, the inmate hallway, “secret” back hallways, the robing room, judges’ elevators and chambers. The seminar includes a presentation on practicing with integrity and professionalism by Circuit Judge Adrian Soud; a judicial panel on avoiding rookie mistakes as a young lawyer with Circuit Judge Mark Borello, Duval County Judge Gary Flower, Circuit Judges Virginia Norton and Tatiana Salvador; a judicial assistant panel that will give a close look at the legal process; a courthouse technology primer; and a presentation on the history of the Duval County Courthouse. Afternoon at the Courthouse is from noon-5 p.m. in the jury assembly room on the second floor of the courthouse.

File image

“Afternoon at the Courthouse” will feature a guided tour that offers a behind-the-scenes look at hearing rooms, courtrooms, jury rooms and “secret” back hallways.

The seminar will end with a reception at the Museum of Contemporary Art Jacksonville, where attendees can socialize with judges, courthouse staff and other members of the Jacksonville Bar Association and the YLS. Tickets are $10, which includes a boxed lunch and 4.0 general CLE credits with 1.0 toward ethics. Registration is open at

jaxbar.org/afternoon. The Afternoon at the Courthouse committee, Chairs Hillary Musselman, Timothy Miller and me, have been working to make this a memorable and helpful event for all participants. It would not be possible without the help and support of the judiciary, practitioners, court personnel and YLS members. This year’s sponsors are The

Florida Bar Young Lawyers Division and Rogers Towers. For those that may be interested in sponsoring, contact me at (904) 473-1388 or cgaver@rtlaw.com. COURTNEY GAVER IS AN ASSOCIATE IN THE GOVERNMENT AND REGULATORY DEPARTMENT AT ROGERS TOWERS FOCUSING ON LAND USE LAW.

PRO BONO COMMENTARY

Avoid pitfalls of adoption through due diligence while considering Florida law and some best practices. WHO’S YOUR DADDY?

JENNIFER WILLIAMS JBA ADOPTION LAW COMMITTEE CHAIR

It’s not necessary to assume greater risks for the most precious reward. Practitioners of adoption law frequently are asked questions about a process that often is misunderstood. “How much does it cost to buy a baby?” and “How much will you pay for my baby?” are common inquiries. It is important to know the ethical issues and “red flags” impacting adoption in Florida

Dealing with the fathers (yes, plural sometimes) can be more challenging than anticipated. In the case of a legal father (a man to whom the mother is married at conception, birth or both), his consent to the adoption is required and he must be afforded due process. Even if he is not the biological father of the child, he must be addressed per the provisions of Chapter 63. Additionally, a birth mother may name one or more potential biological fathers. While these gents’ consent to the adoption is not automatically required, there are steps that must be followed to address each one before the adoption occurs. The statute of repose (when a challenge may be raised) is one year from the date the court terminates parents’ rights or finds that their consent is not required. Due diligence must be done as to legal and birth fathers. Best

practice is to address them as early as possible. Failure to do so may put your adoption plan at risk. ABOUT PAYMENTS

The law allows adoptive parents to assist a birth mother with reasonable and necessary living and medical expenses during pregnancy and up to six weeks after birth. Chapter 63 gives some guidance and limitations (e.g., requiring court approval), but there are many interpretations and opinions as to best practices when it comes to birth mother expenses. Housing, transportation, food, personal hygiene items, maternity clothing and counseling are among the common expenses. But does purchasing a car constitute a reasonable and necessary transportation expense? Is it ethical to tally up a birth mother’s total “need” through six weeks postpartum and give her that amount in cash after she signs her consents to the adoption? Opinions vary, but a resound-

ing no to both. Best practice is to pay providers directly: rent to the landlord and bus passes or payment to Uber for necessary transportation. This issue is compounded by the fact that birth mothers cannot consent to adoption until 48 hours after birth or discharge from the hospital. Until they sign consents, they have complete freedom to change their minds regardless of expenses paid and without having to reimburse the adoptive family, absent proof of adoption deception, which is hard to prove. Practitioners must be cognizant of the law and best practices. Evaluate a birth mother’s desire for money against her desire to place her child for adoption. Balance your clients’ urge to make the birth mother happy with what is ethical and reasonable. Adoptive parents, vet your attorney/agency carefully to ensure your adoption is not put in jeopardy by unethical acts that are tantamount to buy-

ing a child, or by a birth mother whose intent to place her child for adoption is a front for the purpose of financial gain. Adoption law is an area in which practitioners would be prudent to tread very carefully and with the support and guidance of experienced mentors. Those considering adoption as a means to expand their families must do their due diligence before selecting an attorney or adoption agency to assist them to ensure they are engaging a practitioner or entity whose work will satisfy the ethical guidelines that, if followed, minimize the risk of emotional and financial loss that is inherent to the adoption process. When it comes to adoption, it is not necessary to assume greater risk to enjoy the most precious reward: bringing a new life home to his or her forever family. JENNIFER WILLIAMS IS AN ASSOCIATE WITH ELIZABETH R. ONDRIEZEK PA, FOCUSING ON ADOPTION AND FAMILY LAW.

ON THE BENCH

Page 18 • Thursday, November 1, 2018

THE BAR BULLETIN

Jacksonville Daily Record

DON LESTER BAR BULLETIN STAFF

Fourth Judicial Circuit Judge Don Lester was appointed to the bench in 2010. He was re-elected without opposition in August. Who or what inspired you to become a lawyer? No particular person or thing. It just seemed to occur naturally. Someone who inspires me: Judge Scott Farr, my best friend since law school orientation and a long-time cancer survivor. How do you relate your undergraduate degree to your service on the bench? I had a dual major in government and history, which I believe helped me appreciate the proper role and importance of the judicial branch in our system of government. Do you have any leadership roles within the community? If these qualify, I am chair of the Diocese of Florida Finance Committee, on the board of The Episcopal School of Jacksonville and occasionally speak to inform the public about the value of Veterans Treatment Courts.

Do you have any special talents? I play fingerstyle acoustic guitar, though not all that well. If you weren’t a judge what do you think you’d be? A luthier. (Craftsperson who builds stringed musical instruments.) Have you traveled anywhere exotic? If “exotic” means out of the country, yes. Some of my favorite places are Orkney, Minorca and Scandinavia. What’s your favorite website? Wsj.com (The Wall Street Journal) If you could meet someone from history, who would it be and why? John Adams. I would like to hear an insider’s perspective on the country’s founding. What’s your favorite holiday? Lent. It’s the only holiday that can’t be commercialized.

What is your favorite book? The collected Sherlock Holmes mysteries.

Special to the Daily Record

COMMENTARY

Social justice issues should count in elections

DONNY MACKENZIE THE FLORIDA BAR FOUNDATION EXECUTIVE DIRECTOR

Cast your ballot with consideration. As a momentous election in Florida approaches, the airwaves are filled with candidates making grandiose promises or hurling derision at opponents. “Wedge” issues designed to evoke emotion seem to be once again at the top of political strategists’ playlists. Noticeably absent from those ads and solicitations is any

meaningful discussion about social justice issues and efforts to address Florida’s dirty little secret: According to the U.S. Census Bureau, there are close to 3 million Floridians living in poverty, about 14 percent of our population. One in six children in Florida are negatively impacted by poverty and 80 percent of Floridians can’t afford a lawyer when faced with civil legal issues. Another fact that goes largely unnoticed is that Florida is one of only two states that do not have state funding for civil legal aid. And if Idaho passes legislation to help fund civil legal aid, Florida will be the only state in the nation that has decided that its children, elderly, veterans and others less fortunate don’t merit assistance from the state when confronted with civil legal issues. It is inconceivable that so many candidates for statewide and local offices are not addressing the issues of poverty, social

justice or access to justice issues in their campaigns. While those facing a criminal charge are guaranteed legal counsel if they can’t afford representation, those with a civil legal issue must go it alone if they cannot afford a lawyer. Simply put, low-income people fall further and further behind when facing legal issues. A Colorado Center on Law and Policy study found that renters who lacked legal representation were evicted from private housing 68 percent of the time. Meanwhile, those who were represented by an attorney were evicted only 6 percent of the time. Eviction and foreclosure not only tear at the fabric of a family, but also lower neighborhood property values, reduce property tax rolls and increase the crime rate in the affected neighborhood. Saving a veteran and her or his family from losing their home often saves the veteran’s job and effectively saves a taxpayer.

Funding civil legal aid is not a partisan issue. In fact, the Florida Access to Civil Legal Assistance Act was signed into law by Gov. Jeb Bush, a Republican, in 2002. Every year thereafter until 2015, the Florida Legislature voted to fund the act. But after four consecutive gubernatorial line item vetoes beginning in 2011, the Legislature simply stopped appropriating such funding. Similarly, efforts are made each year by some in Washington, D.C., to defund Legal Services Corporation. It was signed into law by President Richard Nixon, also a Republican, and provides limited federal funding to designated legal aid providers, including seven in Florida. It is unfair that our justice system is accessible only by those with enough money to hire someone to help them endure the process. Merits, not money, should be the deciding factor when it comes to justice.

For the good of our great state and country, we must find ways to provide meaningful access to justice to everyone. That includes the poor, the disabled and destitute, the elderly, veterans and countless other survivors, many of whom are our friends, family members, employees, co-workers and neighbors. One way to start finding a better way is to vote. Candidates who thoughtfully consider these important issues should be thoughtfully considered. Candidates who espouse divisive or collateral positions or who fail to address the societal and financial consequences of ignoring the poor and less fortunate will not get my vote. DONNY MACKENZIE IS EXECUTIVE DIRECTOR OF THE FLORIDA BAR FOUNDATION, A PUBLIC CHARITY ESTABLISHED IN 1956 TO FOSTER LAWRELATED PUBLIC INTEREST PROGRAMS.

DO BUSINESS WITH OUR SPONSORS DIAMOND

SILVER

PARTICIPATING

THE BAR BULLETIN

Jacksonville Daily Record

Thursday, November 1, 2018 • Page 19

File image

Duval County Judges Eleni Derke and Roberto Arias delivered gifts to senior citizens last holiday season.

Project: Planning for 2018 is now underway CONTINUED FROM PAGE 14

wonderful souls. And the bird, Mandy, sang beautifully for us. It doesn’t get much better than this!” Carol Wright with Purcell, Flanagan, Hay & Greene also shared her experience with a senior in the program, Doris Maxie King: “I had the honor of meeting Ms. Doris Maxie King yesterday afternoon. She is 88 years old, very humble, and a very sweet lady. She is a distant relative of

Last year, the program achieved recordbreaking numbers when JBA members were able to provide gifts to more than 400 seniors in the area. King Holzendorf. Her greatgreat-grandmother and his great-great-grandfather were brother and sister. Ms. King’s great-great-grandparents worked for Dale Carnegie on

Cumberland Island and a lot of her family are buried in the cemetery there. Ms. King was born in Mississippi, but grew up in Camden County, Georgia. She has two degrees. In the last 100

years, 120 people in her family have graduated from college. Ms. King wanted me to convey how very much she appreciated what we did. Ms. King also has four types of cancer.” We receive many stories like those each year. Sponsors find the experience to be incredibly rewarding and a great way to spread joy during the holiday season. Last year, the program achieved record numbers when JBA members were able to provide gifts to more than 400

seniors in the area. This year, we hope to help just as many, if not more. Planning for the 2018 Senior Holiday Project is now in full swing. If you would like to participate or sponsor a senior, contact Kimberly Woods at kwoods@baumannlegal.com. KIMBERLY WOODS IS AN ASSOCIATE ATTORNEY WITH BAUMANN, GANT & KEELEY PA FOCUSING ON INSURANCE DEFENSE.

Dearing: Don’t be deterred by the choices to be made CONTINUED FROM PAGE 14

to choose its leaders. “Nobody will ever deprive the American people of the right to vote except the American people themselves and the only way they could do this is by not voting,” said President Franklin D. Roosevelt. He understood that apathy is the enemy of democracy. The antidote is, of course, participation. Florida provides many ways to participate in this most important civic exercise. I like to cast my ballot on Election Day to join my fellow citizens waiting in line to make our voices heard. We take our kids to show them the import and solemn responsibility of casting a ballot.

But for many people, that option is neither practical nor available. Thankfully, Florida offers its citizens a variety of methods and times to vote, including absentee ballots and early voting. As I write this column, early voting is underway. According to news reports, turnout seems higher than expected, which likely is attributable to the many important races on the ballot. Between the governor’s race, a U.S. Senate seat, the cabinet, Legislature and constitutional amendments, there is a lot to digest and about which to be informed. Reviewing my sample ballot (which I absolutely will be taking with me to the polls), in Duval County we will be voting on 18

candidate choices, 12 constitutional amendments and a straw ballot poll (as if we don’t have enough to vote on, now we’re practicing our vote on a future issue). Voters may be, understandably, intimidated and overwhelmed by the sheer number of choices to make. Do not be deterred. Do not allow others to be deterred. There are many available resources detailing candidate positions on issues and explaining those proposed amendments. Many newspapers have offered pros and cons about each amendment. Look at several and be informed when you vote. But more important than knowing what’s on the ballot, or when and how to vote, we must

remember why we vote. Voting is our civic duty, both a right and a privilege. No other country on Earth offers its citizens a government of, by, and for the people in the way that America does. At last month’s naturalization ceremony, I watched new citizens from 30 different countries, many of which are ruled by dictators and tyrants, earn the right to vote, the right to choose for themselves the laws under which they will live and the people by whom they will be governed. They understand the unique opportunity and privilege inherent in the right to vote, perhaps in a way the cynics among us have forgotten. The new citizens, like our founding fathers, understand

that voting is more than casting a ballot; it is the essential part of American democracy. It is raising your voice to say “yes” to better opportunities for your family, to have a say in policy decisions affecting your life and the lives of your neighbors, to help set the course for our state and nation for years to come. But most importantly, we owe it to many brave men and women, who gave the last full measure of devotion securing this right, not to throw it away. Go vote. KATIE DEARING IS PRESIDENT OF THE JBA BOARD AND JUDGEELECT FOR THE 4TH JUDICIAL CIRCUIT.

Page 20 • Thursday, November 1, 2018

Jacksonville Daily Record/Jacksonville Record & Observer

NAIOP & ULI JOINT QUARTERLY LUNCHEON MEETING WITH MICHAEL LANDERS Culture Crossing, the essential primer to working, living and thriving in today’s increasingly multicultural marketplace and communities Michael Landers is the founder and president of Culture Crossing, Inc., a global consulting company dedicated to finding innovative solutions for groups and individuals working in the multicultural marketplace. He will introduce the Cultural ROI™ technique that enables people to RECOGNIZE cultural cues, OPEN their minds to alternate ways of thinking, and IDENTIFY opportunities to adapt their responses. It’s a method that helps people to take some of the “cultural reflex” out of the equation and set themselves up for success. The methodology is widely applicable, whether the goal is to increase sales, build strategic partnerships or maximize the potential of a diverse customer base.

Thursday, November 8th 11:30 am - Registration & Networking 12:00 pm - Lunch served 12:35 pm - Program begins

Sheraton Jacksonville Hotel 10605 Deerwood Park Blvd. Jacksonville, FL 32256

MICHAEL LANDERS Founder and President Culture Crossing, Inc.

Registration/pay online www.naiopnefl.com Registration Deadline: Monday, November 5th For more information contact Carmel Buchanan, 904/730-8075 or naiopnefl@comcast.net NAIOP & ULI Members: $40 | Non-Member/Guest: $55 VIP Table of 8: $400 for NAIOP/ULI Members | $550 for Non-Members (includes table signage and preferred seating)

Sponsorship Opportunities Available