Jacksonville Record & Observer 12/5/19 by Daily Record & Observer LLC

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December 5-11, 2019

The Mathis Report: Culver’s in review at Collins Town Center PAGE 4

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JACKSONVILLE

Record & Observer Record & Observer LESSONS FROM JACKSONVILLE

Hazouri

Newby

Hazouri, Newby locking up leadershipJACKSONVILLE roles

FIRST WATCH Record & Observer

They will seek president, vice president roles in next Council term.

Being nice, at First Watch, isn’t only for greeting customers. It’s a companywide belief that kindness goes a long way.

BY MIKE MENDENHALL STAFF WRITER

JACKSONVILLE

Record & Observer

Five months into the 2019-20 term, City Council’s next president and vice president could already be determined. Council Vice President Tommy Hazouri filed a letter of intent Nov. 19 for the presidency in the 202021 year. Group 5 At-Large Council member Sam Newby filed his letter Nov. 25 for vice president. Hazouri, 75, a former Jacksonville mayor from 1987-91, is seeking the Council presidency during his second term in the at-large seat. He spent 12 years in the Florida House of Representatives from 1974-86, and was a Duval County School Board member from 2004-12. According to documents from Hazouri’s office, only Council members Al Ferraro, Danny Becton and Rory Diamond have yet to commit to his candidacy. Newby, 56, a Republican, was elected to Council in 2015 and reelected in March. He is a past chairman of the Duval County Republican Party. As of Tuesday afternoon, Council President Scott Wilson; Ferraro; Becton; and Council member Garrett Dennis had not pledged their support for Newby. Hazouri and Newby will need a majority vote from the 19-member Council to be elected to the one-year terms. They would be seated July 1. MMENDENHALL@ JAXDAILYRECORD.COM (904) 356-2466

BY MARK GORDON

OBSERVER MEDIA GROUP

First Watch intends to open by early summer in OakLeaf Crossing and about a month after that in Nocatee Town Center, said Eleni Kouvatsos, the company’s public relations and communications manager. “Both these new restaurants will have a bar and serve our crafted brunch cocktails,” Kouvatsos said. “As a 36-year-old company, we’ve learned throughout the years that in order to stay relevant, we must evolve, try new

ospitality lifer Ken Pendery recalls vividly the time when he was proudly wearing a new shirt and tie and a waitress in a fancy Cincinnati restaurant accidentally spilled red wine on him. It wasn’t the spill that irked Pendery, it was management. They nonchalantly told him he could get the shirt dry-cleaned, return with the receipt and they would cut him a check. “That’s really inconvenient,” said Pendery, a Cincinnati-area native, of the mid-1990s incident. “I didn’t want to have to come back there with the receipt.” In response, Pendery, the executive chairman of breakfastbrunch-lunch chain First Watch, tells company managers to do the opposite. “They will take $10 out of the drawer and pay for it in advance,” Pendery said. “And they will give the customer their card and say, ‘If this isn’t enough, call me, and we’ll send you the money for the rest.’” That attitude defines the ‘You

SEE BARS, PAGE 10

SEE LESSONS, PAGE 10

First Watch Restaurants Inc.

Ken Pendery founded First Watch in California along with John Sullivan in 1983. The company moved its headquarters to Florida in 1986.

Chain expanding in Northeast Florida, adding bars BY KAREN BRUNE MATHIS EDITOR

First Watch, The Daytime Cafe, is adding two Northeast Florida locations next year in addition to the six open in Duval and St. Johns counties — and they will have bars, or at least partial ones. The Riverside restaurant at 192 Riverside Ave. was the first in the company to sell and serve alcohol when it opened in October 2017, renovating and moving into a former Corner Bakery Cafe.

REAL ESTATE

Harbor Lights Jacksonville planned along Intracoastal Plus: Tiny home rental community. PAGE 8 VOLUME 2, NO. 27 • ONE SECTION

WHAT’S TRENDING

JACKSONVILLE DAILY RECORD /J ACKSONVILLE RECORD & OBSERVER

THURSDAY, DECEMBER 5, 2019

Big news doesn’t break just on Thursday. Here’s a look at some of the top stories published over the past week online at JaxDailyRecord.com and in the Jacksonville Daily Record that you may have missed.

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Acosta is headquartered at 6600 Corporate Center Parkway in Southpoint.

CORPORATIONS

Acosta files for Chapter 11 bankruptcy Acosta Inc. and affiliated companies filed their prepackaged Chapter 11 bankruptcy petitions Sunday, saying in court documents changes in consumer behavior and industry trends have hurt its business in recent years. The Jacksonville-based sales and marketing company announced last month it would file a prepackaged reorganization plan to convert about $3 billion of debt to equity, with the approval of a majority of its creditors.

Acosta filed its petitions in U.S. Bankruptcy Court for the District of Delaware. The court documents do not give specific financial details for Acosta but its disclosure statement said the company has lost $631 million in revenue since 2015, without giving a figure for total revenue. Florida Trend magazine estimated Acosta’s 2018 revenue at $2.3 billion.

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Gilbert shuts last Northeast Florida restaurant

Staff Writer / Scott Sailer ssailer@jaxdailyrecord.com

Chef Kenny Gilbert ended his restaurant ownership in Northeast Florida, closing Gilbert’s Underground Kitchen in Fernandina Beach on Sunday. He closed Gilbert’s Social on Southside Boulevard in October. Gilbert said both closings were planned around lease expiration. However, Hurricane Dorian in September caused unexpected expenses and business did not recover after being closed for a week. He estimated

the storm cost him $20,000 to $30,000. Gilbert said he will relocate in the coming weeks to Raleigh, North Gilbert Carolina, where he is opening Cut and Gather Kitchen and Bar in February or early March.

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THURSDAY, DECEMBER 5, 2019

Community Hospice opens at Baptist Medical Center

The 7,500-square-foot unit on the fifth floor has 10 patient rooms. For a patient moving into hospice care, comfort and convenience are crucial. That’s why Community Hospice and Palliative Care will open its ninth inpatient unit, the Alice and T. O’Neal Douglas Center for Caring, on the fifth floor of Baptist Medical Center Jacksonville. It began accepting patients Monday. The 10-room, 7,500-squarefoot facility will serve patients with advanced illness and nearing the ends of their lives. “One of the things that we’ve wanted to do is really be that continuum of care for Baptist Jacksonville,” said Susan Ponder-Stansel, president and CEO of Community Hospice and Palliative Care. The unit went into space on the fifth floor of the Downtown hospital that had been vacant for about nine years. Before that, the space served as an orthopedic unit.

Photo by Katie Garwood

HEALTH & BUSINESS

KATIE GARWOOD STAFF WRITER

Michael Mayo, president of Baptist Medical Center Jacksonville, said plans are to add another inpatient hospice unit at Baptist Medical Center South in the coming year. Community Hospice also operates hospice facilities at Mayo Clinic, UF Health Jacksonville, Baptist Medical Center Nassau, Ascension St. Vincent’s Riverside and Southside campuses, Flagler Hospital and three free-standing facilities in the Westside, Mandarin and Fleming Island. In addition to the 10 patient rooms, there is a family meeting space with couches, a television and a kitchenette for time away from the patient’s room, but still close by. Ponder-Stansel said the benefit of having a hospice unit within a hospital allows patients to make an easier transition into hospice care. Before the Baptist Medical Center Jacksonville unit was built, Ponder-Stansel said the closest hospice unit was at Ascension St. Vincent’s Riverside. “There’s a whole community and neighborhood that uses this hospital and they had to make that choice to go fairly far away,” Ponder-Stansel said. “So it also brings that service into the San Marco area. I’m sure a lot of folks who use this facility will prefer to stay here.” Mayo said adding the hospice facility within the building also would help the hospital operationally. Before adding the unit, patients could be admitted in a hospice

Michael Mayo, president of Baptist Medical Center Jacksonville, and Susan Ponder-Stansel, president and CEO of Community Hospice and Palliative Care. For more photos of the facility, visit JaxDailyRecord.com.

status, meaning they would be discharged on paper, but readmitted into the hospital as a hospice patient. They would then stay in the same bed. Now, hospital patients wanting to move into hospice care just need to move to a different floor within the hospital. “That makes that decision a whole lot easier and it just facilitates good care for everybody and it connects the continuum much easier,” Mayo said. “So that’s why I wanted to do this project because it was very important to create that connectivity. Everybody wins, especially the patient and family.” Despite the unit being part of the hospital, Ponder-Stansel said it intentionally will look

and feel different from the rest of the building. Wood floors make it feel more homelike. Local art is in the hallways and commissioned for each room. The rooms are larger than typical hospital rooms to encourage family members to stay with the patient. There’s a minifridge and pullout couch in each room, as well as fullsize bathrooms. “It’s not an acute care part of the hospital,” Ponder-Stansel said. “It’s just this little oasis for people who are at the end of their lives and their families.” Ponder-Stansel said 75 people would be hired to staff the unit, including nurses, aides, chaplains and social workers. O’Neal Douglas was the

chairman and CEO of American Heritage Life Insurance Co. and American Heritage Life Investment Corp., a holding company for American Heritage Life Insurance Co. and Columbia Life Insurance Co. He is a former Baptist Medical Center Jacksonville board member, serving eight years as chairman. Alice Douglas volunteered with the Wolfson Children’s Hospital Auxiliary and served on The Guild of the Jacksonville Symphony Association board. The Douglases cut the ribbon to open the unit. KGARWOOD@ JAXDAILYRECORD.COM (904) 356-2466

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JACKSONVILLE DAILY RECORD /J ACKSONVILLE RECORD & OBSERVER

THURSDAY, DECEMBER 5, 2019

JaxDailyRecord.com

THE MATHIS REPORT

Culver’s restaurant in review at Collins Town Center DEVELOPMENT NOTES FIS HQ in review: Civil engineer England-Thims & Miller Inc. asked JEA to determine the availability of utility services for the proposed Fidelity National Information Services Inc. headquarters of 356,750 square feet of new office space and parking on 4.5 acres at 323 Riverside Ave. on land owned by Florida Blue.

KAREN BRUNE MATHIS EDITOR

The Wisconsin-based chain opened in Middleburg in July and is seeking more area locations. Culver’s restaurant is coming to southwest Jacksonville. Wisconsin-based Culver’s is bringing its ButterBurgers, frozen custard and cheese curds to Collins Town Center at southwest Interstate 295 and Collins Road. The city is reviewing building and civil plans for construction of a Culver’s restaurant at 7923 Parramore Road at a cost of $1.45 million. The first Northeast Florida Culver’s opened in July in Middleburg in Clay County and franchisees also are looking at sites in St. Johns and Nassau counties and additional sites in Duval. Jacksonville-based Murphy Land and Retail Services Inc. represents Culver’s in its area site search. In Collins Town Center, civil plans show the proposed 4,096-square-foot project with a drive-thru is planned on 1.05 acres. The permit application shows interior space of 3,546 square feet. McCon Building Corp. of Highland, Wisconsin, is shown as the contractor and KimleyHorn and Associates Inc. of Jacksonville is the civil engineer. In November, the city issued a concurrency reservation certification for the project. The restaurants are owned by franchisees. Murphy said in May his company is the preferred area broker for Culver’s Franchising System LLC and the corporate real estate department. He envisions 12 to 15 Culver’s in three years in the Jacksonville area. Culver’s generally seeks 1.2acre sites for 4,400-squarefoot free-standing restaurants, he said.

Culver’s

Culver’s restaurant plans its first Jacksonville location in Collins Town Center at southwest Interstate 295 and Collins Road.

Ascension also building at Collins Town Center

The city issued a permit Nov. 26 to Layton Construction Co. LLC to build a foundation for construction of an Ascension St. Vincent’s free-standing emergency department in southwest Jacksonville. The project is planned on 2.15 acres at 8083 Parramore Road, at southwest I-295 and Collins Road. The foundation cost is $50,000. Plans call for a 13,446-square-foot building with space for a patient and emergency vehicle drop-off. St. Vincent’s Health System Inc. paid $2 million for the land Nov. 18.

Southern Grounds ready to build in Avondale

Owner Avondale Sogro LLC applied to the city for a $1 million construction project to build a Southern Grounds & Co. coffee shop in Avondale at 3562 St. Johns Ave. No contractor is listed. Group 4 Design Inc. is the architect for the project, a one-story, 8,000-square-foot building to replace a structure that will be demolished. Property owner Edward Skinner Jones, who leads Avondale Sogro LLC, bought the 7,200-square-foot building a year ago. It was developed in 1958. Jones plans to demolish the structure to build a coffee shop and two more tenant spaces for an art gallery and a small market. He said developers were ready, pending approvals.

Hines sells land for Dunkin’ Donuts Hines announced construction will start in January for Dunkin’ Donuts at Southside Quarter for completion in May. The developer said Prem and Pooja LLC bought 0.77 acres for the project. A deed recorded Oct. 7 with Duval County Clerk of Courts shows Prem and Pooja paid $750,000 for the property Sept. 27. Houston-based Hines is developing Southside Quarter at southwest Interstate 295 and Butler Boulevard. It already features the SUR luxury apartments, a McKesson Corp. office building, Central Living Tidal Pointe townhomes and single-family courtyard homes by David Weekley Homes. Hines said it received strong interest from retail, restaurant, hospitality and entertainment businesses for the remaining commercial parcels.

More Publix remodels: Bartram and Roosevelt

Publix Super Markets Inc. continues to remodel its area stores. The city is reviewing permit applications for Lakelandbased Publix to renovate stores in the Shoppes at Bartram Park and at Roosevelt Square, also called Ortega Park. Elkins Construction LLC is the contractor for both projects. The project cost is listed at $950,000 for renovation of the 45,331-square-foot Bartram store at 13820 Old St. Augustine Road. It was built in 2004. The project cost at 4495 Roosevelt Blvd. is listed

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Forest Street parking garage: The St. Johns River Water Management District issued a permit Oct. 16 to the city for construction and operation of a stormwater management system for the 2.28-acre “Forest Street Parking Garage” proposed at Forest, Park and Magnolia streets in the Brooklyn area.

The city will transfer ownership of the site for construction of the 869-space Florida Blue parking garage. Florida Blue at Deerwood Park: Florida Blue continues to renovate its sevenbuilding Southside property at 4800 Deerwood Campus Parkway. The city issued a permit for Danis Builders LLC to renovate the sixstory, 174,879-square-foot Building 600 at a cost of almost $7.1 million. The Jacksonville-based insurer said in 2017 it would renovate five of its seven buildings at the campus to include mechanical, electrical, plumbing and interior feature improvements.

RETAIL NOTES West Union Street: Construction plans are in review for the proposed 530 W. Union St. commercial development. The proposed retail project of 2,960 square feet is on 0.38 acres at southeast Union and Broad streets in LaVilla. The project is shown as a three-unit building for tenants. The applicant is Joe Loretta with Genesis Halff. The 1,656-square-foot structure on the property was built in 1963 as a fueling station and most recently was a check-cashing business. Loretta plans to add 1,300

at $800,000. The roughly 51,000-square-foot store was built in 1998.

Chill Build adding racking systems Chill Build Jacksonville LLC applied to the city for a permit to add racking systems to its refrigerated storage plant under development at 5459 Doolittle Road. DEEM LLC of Indianapolis is the contractor for the $2 million project. The two-story, 222,834-square-foot building is on 13.25 acres in West Jacksonville. The city issued a permit July 1 for DEEM to build a $43.5

square feet, modernize the structure with a white stucco design and repave the asphalt parking lot. Caliber Collision near Bayard: The city is reviewing plans for Caliber Collision to build an auto-body shop at 11556 Philips Highway at a cost of $1.64 million. A permit application shows a one-story building of 18,554 square feet, with 1,680 square feet of unenclosed space. The site is south of Interstate 295 and north of the Bayard area.

million Preferred Freezer Services facility for Chill Build Jacksonville. Preferred Freezer Services, a national refrigerated storage warehouse company, proposes to create at least 40 jobs. City Council adopted legislation in February to provide $1.2 million in grants to Preferred Freezer Services of Jacksonville II LLC for the project. The project would create the jobs, at an average annual wage of $47,775, by year-end 2021. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466

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THURSDAY, DECEMBER 5, 2019

BY SCOTT SAILER • STAFF WRITER

Here are the top 10 commercial real estate sales in Northeast Florida, comprising Baker, Clay, Duval and St. Johns counties. The sales were recorded Nov. 25-27.

Google

The gas station and convenience store at 120 Center Place Way in St. Augustine sold twice in the past week, for $3.74 million and for $4.77 million.

DUVAL

ST. JOHNS

CLAY

$6,793,727

$4,769,500

$3,736,000

$3,680,000

$2,879,000

223 Mill Creek Road, Jacksonville

120 Center Place Way, St. Augustine

11 Blanding Blvd., Orange Park

Type: North Florida School of Special Education Parcel size: 7.62 acres Building size: 42,087 square feet Buyer: MC Markets Inc. Seller: North Florida School of Special Education Inc.

Type: Convenience store with car wash Parcel size: 1.14 acres Building size: Two buildings, 5,242 square feet Buyer: BOCA Gas Company Holdings 2 LLC Seller: First Coast Energy LLP

Type: Convenience store with car wash Parcel size: 1.14 acres Building size: Two buildings, 5,242 square feet Buyer: ECM-BG2-St Augustine, FL-1-UT LLC Seller: BOCA Gas Company Holdings 2 LLC Previous sale: $4,769,500 in 2019

Type: Convenience store Parcel size: 0.56 acres Building size: 2,722 square feet Buyer: BOCA Gas Company Holdings 2 LLC Seller: First Coast Energy LLP Previous sale: $227,500 in 2003

Type: Convenience store Parcel size: Not available Building size: 2,722 square feet Buyer: ECM-BG2-Orange Park, FL-1-UT LLC Seller: BOCA Gas Company Holdings 2 LLC

CLAY

ST. JOHNS

$1,979,327

$1,550,000

$1,122,456

$1,055,000

$970,000

1515 Wells Road, Orange Park

Nocatee Village Drive, Nocatee

635 S. County Road 13A, Elkton

6285 Florida 16, St. Augustine

6429 Atlantic Blvd., Jacksonville

Type: Commercial Parcel size: 7.29 acres Building size: 16,920 square feet Buyer: Corsair Powersports of Jacksonville Inc. Seller: Griffin Limited Partnership Ltd.

Type: Office/commercial Parcel size: Not available Buyer: M1 32081 LLC Seller: TC Development LLC

Type: Agriculture Parcel size: 12.03 acres Building size: Two buildings, 40,127 square feet Buyer: William R. Byrd III Seller: H&M Potato Farms LLC Previous sale: $1,340,000 in 2016

Type: Undeveloped Parcel size: 19.68 acres Buyer: Mill Creek Shops LLC Seller: Harold L. Tucker Jr.

Type: Church and school Parcel size: 3.37 acres Buyer: Southern Conference Association of Seventh-Day Adventists Inc. Seller: The Board of Trustees of the Florida Annual Conference of the United Methodist Church Inc.

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COMMERCIAL REAL ESTATE

Top commercial sales of the week

JACKSONVILLE DAILY RECORD /J ACKSONVILLE RECORD & OBSERVER

THURSDAY, DECEMBER 5, 2019

JaxDailyRecord.com

MIKE MENDENHALL STAFF WRITER

Business owners and city officials are working on an agreement to provide full reimbursement for the cost of complying with new zoning rules. Commercial property owners in Arlington are close to a deal with the city to reimburse all costs associated with compliance with recently adopted zoning rules. Mike Anania, owner of CAM Automotive at 5921 Arlington Road and president of the Arlington Business Society, said Monday he and other property owners are reviewing draft legislation that would revise the Renew Arlington Zoning Overlay to lift most of its financial impact. Draft legislation proposed by the city Office of Economic Development and provided by Anania proposes creating a building permitting and administrative deviation process exclusive to existing businesses working toward compliance with the new overlay standards. District 1 City Council member Joyce Morgan, who represents Arlington, said she intends to file the legislation in early 2020. Arlington is one of the city’s earliest suburbs. It developed in the 1950s, after the Mathews Bridge opened over the St. Johns River from Downtown. Office of Economic Development Director Kirk Wendland said during an Oct. 31 Renew Arlington workshop that the goal is to give existing commercial property owners “a more user-friendly way” of working through the permitting process. “We really weren’t necessarily looking for a way to be able to make a phone call and move it to the top of the list.

Photo by Mike Mendenhall

Businesses in Arlington could be reimbursed by the city for improvements needed to bring their property into compliance with new zoning rules.

What we were looking for was a modified permitting process limited to the Renew Arlington CRA boundary, being limited to those things outlined in the overlay,” Wendland said during the Oct. 31 meeting. Council passed Ordinance 2019-0239-E on June 25 approving the overlay that included commercial property requirements for landscaping buffers, building and signage height and fencing materials on existing buildings, as well as building setback, finishes and frontage design standards for new commercial development. TARGETING BLIGHT

The updated zoning is designed to combat blight in Arlington and create uniformity in the building codes to attract new development. Three major business corridors will be impacted by the overlay changes: University Boulevard from the Arlington Expressway to Fort Caroline Road; Merrill Road from University Boulevard to Interstate 295; and a section of Arlington Road from University Boulevard to Rogero Road. The requirements can vary among the five “character areas” outlined in the overlay. If approved by Council and Mayor Lenny Curry, the latest overlay revision would create a Renew Arlington Design Review team to ensure all property redesigns meet the mandatory overlay compliance standards for commercial signage, property fencing, landscaping, buffering and offstreet parking. The draft bill addresses what property owners in the overlay have argued is a problem since final details were released in

May — compliance improvements on many properties would trigger a 10-set review with the city. Under the existing building code, if a commercial property undergoes a major renovation greater than or equal to 50% of its assessed value, the buildings on the property would be subject to compliance regulations. In the Renew Arlington revision, city officials are proposing to keep compliance updates in the overlay separate from the standard building codes. “Because the sites within the Renew Arlington Zoning Overlay boundaries are generally smaller in size and present a unique challenge to meet mandatory compliance elements … due to the history of road widening and in some instances a change of use in the area from single family residential to office, retail and service establishment, a select group of Planning and Development Department staff professionals have been chosen to review proposed site designs without triggering a 10-set review,” the bill states. The bill gives the power to appoint the review team to city Planning and Development Director Bill Killingsworth. Its members would include a: n City landscape architect. n Planning services manager. n Zoning administrator. n Senior traffic technician. n Other officials as deemed necessary by the director. Anania said landscape architect, engineering and design services necessary to determine compliance will cost more than materials and labor. The bill also would authorize the economic development

Joel Settembrini, Jr.

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Missing are the compliance grant program’s final parameters. City officials first outlined an effort in an Oct. 8 workshop to alter the proposed grant to reimburse all costs related to compliance and again Oct. 31. Although the final grant numbers are not included in the draft legislation, a full reimbursement program appears to be gaining traction. According to the city Office of Economic Development, the most recent estimated cost to bring the estimated 125 Arlington commercial properties into compliance is $7.33 million. That’s including the cost to update signage, fencing and landscaping, plus architectural design fees. The grant would pull the money from the Renew Arlington Community Redevelopment Area Fund over the next six fiscal years. The city projects 5% revenue growth in the fund through fiscal year 2024-25, which would bring its balance to an estimated $8.96 million. Wendland said the fund should able to handle all the compliance claims, but it would leave fewer dollars for other improvements in the

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COMPLIANCE GRANT

Renew Arlington CRA. This is a change in position by the economic development office since September when Wendland said it would not be feasible for the CRA to pay the total cost for every business needing improvements. The level of assistance that will be offered to property owners has evolved along with the negotiations. The name of the assistance program has been rebranded from a facade grant to a compliance grant. When Council approved the overlay, Morgan and Office of Economic Development officials said the program could provide a 2-to-1 match, allowing business owners to apply for up to $20,000 if they invest $10,000 to comply with the standards. A 3-to-1 match later was floated as a possible compromise. Wendland said Oct. 31 that if the grant covers all improvement costs, it would only reimburse materials, design and labor to help the property owner reach the minimum compliance standard. For example, if property owners decide to install vinyl as opposed to wood fencing — the minimum quality called for in the overlay — they would be responsible for the additional costs. The bill leaves the window unchanged for property owners to reach compliance: Dec. 31, 2024, or five years plus 90 days from the day the grant program becomes effective.

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office to provide site schematic design assistance to overlay property owners at no cost. The program would allow applicants to use a designer contracted by the Renew Arlington CRA or hire their own design professional. The review team also will consider any administrative deviations requested in the overlay to bring the majority of a property into compliance.

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THE MENDENDHALL REPORT

Renew Arlington revision coming in early 2020

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SCOTT SAILER STAFF WRITER

Special to the Daily Record

The $30 million mixeduse development includes new space for Marker 32 restaurant. Property owner Eugene Sur and St. Augustine developer Cadenza Partners LLC plan to develop the more than $30 million Harbor Lights Jacksonville, a mixed-use project west of the Intracoastal Waterway next to Palm Cove Marina. The master-planned development proposal revises previous plans for the property with retail, commercial, multifamily and rebuilding the waterfront Marker 32 restaurant. Nick Sartori Jr., managing member of Cadenza Partners, said Tuesday the development is conceptual and the details will need to be adjusted. “We envision a residential lifestyle that thoughtfully blends into convenient dining, shopping and entertainment options,” he said in a news release. The 7.79-acre marina property is at 14537 Beach Blvd.,

An artist’s rendering of the Harbor Lights Jacksonville development planned at 14537 Beach Blvd. along the Intracoastal Waterway.

along the north side of Beach Boulevard between the Intracoastal Waterway and San Pablo Road. The proposed development comprises a five-story apartment building with amenities; a three-story building with first floor retail and two residential floors adjacent to Beach Boulevard; a single-story commercial building; outdoor event space; a new two-story Marker 32 restaurant; a boardwalk; up to 115 boat slips; and a five-story parking structure in the center of the development. It proposes up to 215 multifamily units and 21,000 square feet of enclosed nonresidential uses along Beach Boulevard. The multifamily portion will be one-, two- and three-bedroom apartments, condominium units or both, averaging 1,000 square feet, Sartori said. Land use attorney Thomas Ingram, with Sodl & Ingram PLLC, said the project reflects a demand for the marina lifestyle, the trend for people who prefer to “lock and leave” and

to live “near Mayo Clinic, the Beaches, and Gate Parkway, the center of employment in the Jacksonville MSA.” The property has long been targeted for redevelopment. Plans fluctuated over time in response to market conditions. A 19-story tower was proposed in the 1980s. In 2004, before the Great Recession, seven-story condominium buildings and marina slips were envisioned. The current proposed development is in city review for revision of the existing planned unit development zoning. The PUD rezoning covers the western 5.7 acres of the property originally approved by Ordinance 2004-523-E for 64 condominium units in three seven-story buildings with 115 marina slips. Allowable nonresidential uses include retail sales and service, restaurants, offices, galleries, museums, veterinarian with boarding, specific recreational and existing uses. The current use of the

property to be redeveloped comprises Marker 32, golf cart sales and storage, boat trailer storage and dredge material storage. Ingram said there are no near-term plans to change the existing operations. Ingram anticipates the process of rezoning through the city Planning Commission, City Council Land Use & Zoning Committee and then the full Council will proceed through early next year. Full entitlements for the marina and civil engineering permits should be complete in about a year, he said. Initially, site work will commence along with building the Marker 32 restaurant adjacent to its existing location. Other vertical construction is anticipated to begin in 2022 and last two years. Marker 32 restaurant will continue operating during construction. The sequence of development is subject to change, as market demands change. Palm Cove Marina to the east is not part of the development. Sartori views the property as underutilized, given the location. He said Cadenza Partners serves in an advisory role for development. Cadenza Partners is a consulting real estate development firm providing land entitlement, asset management and financial and operational business strategies. Jacksonville-based Ervin Lovett Miller is the project architect and planner. The project is in response to

market timing and the ability to assemble contiguous parcels, Sartori said.

Tiny home rental community The Guillory Family proposes a 50-lot tiny home rental community on property it owns in Hyde Grove, southwest of Hyde Grove Elementary School. The city is reviewing plans to rezone 5.67 acres at 2109 Navaho Road, south of Wiley Road and west of the Wiley Road Playground. The Jacksonville Planning Commission will evaluate the first step of the proposal Thursday to change from residential medium density-B to planned unit development. The development proposes four clusters of lots grouped around courtyards with grassed parking spaces and parallel parking on Navaho Avenue. Lot area will be determined by maximum lot coverages. A minimum home size is not required. Habitat for Humanity of Jacksonville received a $81,180 mobility fee calculation certificate in August for 50 singlefamily tiny homes on Navaho Avenue. HabiJax Chief Operating Officer Angie Leatherbury declined to comment in August and has not returned a call for comment this week. SSAILER@ JAXDAILYRECORD.COM (904) 356-2466

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THE SAILER REPORT

Harbor Lights Jacksonville planned at Beach, Intracoastal

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BY SCOTT SAILER • STAFF WRITER

Here are the top 10 single-family residential real estate sales in Northeast Florida, comprising Baker, Clay, Duval, Nassau and St. Johns counties. The sales were recorded Nov. 25-27.

ST. JOHNS

DUVAL

$875,000

$820,000

8120 Seven Mile Drive, Ponte Vedra Beach

4571 N. Swilcan Bridge Lane, Jacksonville

Type: Single-family Lot size: 0.46 acres House size: 3,670 square feet Buyer: Kristina D. Metcalf and Daniel Parker Seller: Scott M. and Christen M. Hooks Previous sale: $848,000 in 2016

Type: Single-family Lot size: 0.34 acres House size: 3,438 square feet Buyer: Nishant K. and Carlene B. Desai Seller: Glenn K. Rutkowski Previous sale: $505,000 in 2013

CLAY

$875,000 2201 Lakeshore Drive N., Fleming Island DUVAL

$3,975,000 6068 San Jose Blvd. W., Jacksonville Type: Single-family Lot size: 2.28 acres House size: 9,802 square feet Buyer: Anton N. Safar Seller: John C. Forbes, the John C. Forbes Revocable Trust, Leslie M. Forbes and the

Leslie M. Forbes Revocable Trust About the property: Five bedroom, 7½bath home on the St. Johns River. Features a home theater, pool, pond, tennis court, dock, boatlift and personal-watercraft lift.

Type: Single-family Lot size: 0.39 acres House size: 2,759 square feet Buyer: Marcus Shuman Seller: Kelly L. and James R. Butler Previous sale: $575,000 in 2009 CLAY

DUVAL

ST. JOHNS

DUVAL

$1,425,000

$1,100,000

$950,000

172 Plantation Circle S., Ponte Vedra Beach

31 N. Roscoe Blvd., Ponte Vedra Beach

14411 S. Marina San Pablo Place, Jacksonville

Type: Single-family Lot size: 0.52 acres House size: 4,618 square feet Buyer: Jeffrey B. and Donna F. Hires Seller: Antonio J. and Mary M. Romero Previous sale: $1,075,000 in 2017

Type: Single-family Lot size: 0.92 acres House size: 3,670 square feet Buyer: Christopher D. and Courtney Campione Seller: Michael J. O’Rourke Previous sale: $365,000 in 1997

Type: Townhome Lot size: 0.14 acres Townhome size: 2,816 square feet Buyer: Jennie A. Joseph Seller: Donald J. and Suzanne K. Dymer and the Dymer Living Trust Previous sale: $774,500 in 2017

THURSDAY, DECEMBER 5, 2019

$829,000 1918 Holmes Circle, Fleming Island Type: Single-family Lot size: 1.3 acres House size: 2,886 square feet Buyer: Daniel L. and Katherine M. Judycki Seller: Artisan Homes LLC

ST. JOHNS

$803,564 496 E. Kesley Lane, Julington Creek Type: Single-family Lot size: 0.37 acres House size: 3,738 square feet Buyer: Jason H. and Nicole T. Wallis Seller: Intervest Construction of Jax Inc.

RESIDENTIAL REAL ESTATE

Top 10 home sales of week

DUVAL

$735,000 13754 Bromley Point Drive, Jacksonville Type: Single-family Lot size: 0.34 acres House size: 4,185 square feet Buyer: Robert and Angelia Peaslee Seller: Miguel F. and Kristin P. Fernandez

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THURSDAY, DECEMBER 5, 2019

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Bars CONTINUED FROM PAGE 1

things, ask our customers and friends what they want, and respond accordingly,” she said. Kouvatsos said the signature cocktails and brunch classics will be the same at all locations, but the beer, wine, kombucha and hard seltzer options might vary or not be offered at some restaurants. “We’ve been testing the concept closely and slowly rolling it out in certain new restaurants, modifying the menu, figuring out the larger strategy around the program,” she said. A Jacksonville bar menu includes four signature cocktails, three brunch classics (bloody mary, mimosa and champagne) and hard cider and kombucha on draft. The signature cocktails are vodka-, tequila- and rum-based. The city is reviewing a construction permit application for a 3,656-square-foot First Watch at 9680 Argyle Forest Blvd., No. 1, in OakLeaf Crossing in Southwest Jacksonville. Plans show a restaurant with 114 inside seats and 32 on the patio. It is replacing Gator’s Dockside, which will move to a free-standing building nearby in Oakleaf Station. TWT Restaurant Design, Construction & Development Co. of Tampa is the contractor for First Watch. Kouvatsos said Monday First Watch has a fully executed lease for an end unit at OakLeaf. Carrie Smith, managing director with the Franklin Street commercial real estate firm, represented First Watch in negotiating the deal, Kouvatsos said. She said the Nocatee location will open at 295 Pine Lake Drive, Unit C105, in Ponte Vedra in St. Johns County. Smith also negotiated that deal. Each new restaurant will have about 30 employees, she said. First Watch operates six restaurants in Northeast Florida, primarily east of the St. Johns River. The Riverside and OakLeaf sites are west of the river. First Watch opened its first two area restaurants in 2011, starting in August at 544-4 Marsh Landing Parkway in Jacksonville Beach. The second opened in September at 11111-4 San Jose Blvd. in the Riverplace Shopping Center in Mandarin. It added locations at 13470 Beach Blvd. in Hodges Pointe Plaza at Hodges Boulevard; at 4490 Southside Blvd., near Tinseltown

Lessons CONTINUED FROM PAGE 1

First’ mantra Pendery helped instill at First Watch. The chain, based in Manatee County near Sarasota, had $354 million in revenue in 2018, up 22.9% from $288 million in 2017. Nationally recognized in its niche, First Watch has about 7,300 employees and nearly 400 locations nationwide, including six in Northeast Florida. Two more more are in development. Pendery, who helped launch First Watch in Pacific Grove, California, in 1983, said the restaurant has grown beyond his wildest expectations. But Pendery and other top First Watch executives work diligently to maintain a folksy, be-nice culture — reminiscent of its startup days. The goal? Avoid mission creep and lost-culture missteps other

Photos by Karen Brune Mathis

The bar area inside the First Watch restaurant at 192 Riverside Ave. in the Brooklyn Station on Riverside shopping center.

First Watch has six restaurants open in Northeast Florida and two in development.

First Watch cocktail offerings in Riverside include the Morning Glory, Pomegranate Sunrise and Million Dollar Bloody Mary.

north of Butler Boulevard; and at 12540 Bartram Park Blvd., near Interstate 95 and Old St. Augustine Road. First Watch is open 7 a.m. to 2:30 p.m. daily. It is closed on Thanksgiving and Christmas Day The menu includes breakfast, brunch and lunch items, such as eggs, omelets, waffles, salads, wraps, sandwiches and bowls. “Northeast Florida has been a great and successful market for us since we opened our first restaurant here in 2011,” Kouvatsos said.

She said the First Watch approach to breakfast, brunch and lunch “resonates extremely well with residents and visitors here, which has spurred our growth in this area and allowed us to open six restaurants in the greater Jacksonville area in the past eight years.” After the OakLeaf and Nocatee restaurants open, the First Watch development team will look for more sites, she said. University Park-based First Watch Restaurants Inc. says it is

the largest and fastest-growing daytime-only restaurant concept in the United States with more than 370 restaurants in 31 states. Those includes 350 First Watch restaurants, 20 The Egg & I restaurants and one Sun & Fork restaurant. Kouvatsos said the popularity of breakfast and brunch has grown tremendously and will continue to do so. “First Watch is in a unique situation having led the daytime dining segment for years,” she said.

Rather than compare its brand with other large or nationwide concepts, First Watch views itself as more of a neighborhood restaurant comparable in food quality and service to a local momand-pop cafe, she said. “We admire the independent restaurants in this area greatly,” she said.

hospitality firms have made when rapidly expanding. That’s why Pendery greets every class of new managers at the First Watch Academy of Restaurant Management. The training school, near the company’s headquarters, which moved to Florida from California in 1986, has hosted more than 250 managers this year in one-week classes that cover leadership development, accountability, customer engagement, food safety and more. “FARM is one of the best things we’ve ever done,” Pendery said. Here are some of the customer service lessons from Pendery’s FARM presentations:

Pendery added: “The oldschool manager would say. ‘I don’t care if they like me as long as they do what I say.’ But you want to be liked. You want to be well-regarded. You want to be someone they can look up to.”

and IHOP, things like that. We are much different than that, so we created the phrase daytime cafe to honor what we’re all about.”

that, and you can get a customer for life.”

KINDNESS MATTERS

A kinglike mindset some restaurant managers have is counterproductive and shreds corporate culture. “You can enforce rules,” he said. “But be nice and treat everyone with respect.”

FIX IT FAST

Pendery advises managers to not hesitate when addressing a problem — don’t complicate things by overthinking. “If something’s wrong make it right,” Pendery said. He added that of the company’s 10 commandments of service, created in the 1980s, No. 6, “Customer concerns are handled with care and urgency,” is his favorite.

A DIFFERENT TAKE

Pendery said beating competitors requires savvy marketing — not just better bacon and eggs. “We didn’t know what segment we fit in when we started,” he said. “Our competition was Denny’s

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

EASY GOING

“One of the first major decisions we made was to include fresh fruit,” Pendery said. “Denny’s, IHOP, Bob Evans, none of them had fresh fruit in 1995.”

Pendery encourages First Watch leaders to keep things simple. “Don’t take yourself too seriously,” he said. “We are making bacon and eggs — really good bacon and eggs — but have fun.”

OPEN UP

LEAD THE WAY

BE FIRST

While standard First Watch hours of operation are 7 a.m. to 2:30 p.m., Pendery encourages managers to open at 6:55 a.m. and never bring out the brooms to close down exactly at 2:30 p.m. There’s nothing worse, he said, then trying to open the door to a restaurant a few minutes early and being locked out. Likewise for eating a late lunch while employees scurry about cleaning up. “Make people feel welcome,” he said. “Make a difference like

The culture of each First Watch is defined by behavior, starting from the top. “I don’t think you can buy or sell culture. You can create culture and make it better by your actions,” Pendery said. “At First Watch, you are here to make a difference. If you just took a job, I’m sorry, but if you want to be part of a culture and be a leader, then you’re at the right place.”

MGORDON@ BUSINESSOBSERVERFL.COM

JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER

JaxDailyRecord.com

THURSDAY, DECEMBER 5, 2019

DEVELOPMENT TODAY These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville.

Delaney

Rapp

Lasserre

Gulliford

Thomas

PEOPLE ON THE MOVE Promotions,hiringsand happeningsfor businesspeopleinNortheastFlorida.Senditemsto ssailer@jaxdailyrecord.com North Florida Land Trust added three board members for three-year terms to replace two term-limited board members and a third who stepped down from the position. John Delaney is a shareholder in the Rogers Towers law firm’s governmental and regulatory department and a principal in The Fiorentino Group. He is former president of the University of North Florida and a former mayor of Jacksonville. Matt Rapp is senior vice president at the PGA Tour, where he oversees the Championship Management division that runs the 13 owned and operated events at the Tour level. Jennifer Lasserre is an agent with Lasserre Real Estate Inc., a family-owned business in Fernandina Beach area for more than 40 years.

Gov. Ron DeSantis appointed former City Council member Bill Gulliford to a four-year term on the Florida Housing Finance Corp., which assists in providing affordable housing for Florida residents. Gulliford, of Atlantic Beach, is the president of Major Machinery and Equipment LLC. The appointment is subject to confirmation by the Florida Senate. Nicole Thomas, hospital president of Baptist Medical Center South, received the American College of Healthcare Executives Senior-Level Healthcare Executive Regent’s Award. It recognizes members who are experienced in the field and have made significant contributions to the advancement of health care management excellence and the achievement of the college’s goals.

BUSINESS IN BRIEF

HOSPITAL, INSTITUTIONAL Ascension St. Vincent’s, 2 Shircliff Way, No. 900, contractor is OTC&D Inc., ninth floor renovation, $450,000. RESTAURANTS Arby’s, 2501 Mayport Road, contractor is Kasteel Enterprises Inc., 2,684 square feet, renovation, $325,802. SCHOOL, LIBRARY, OTHER EDUCATIONAL Jacksonville Jewish Center, 3662 Crown Point Road, No. 1, contractor is SweetWater Restoration Inc., roof reconstruction, $85,000. CDA Technical Institute Inc., 5806 N. Main St., contractor is Synot Construction LLC, 1,503 square feet, two permits for temporary office and accessory buildings, $30,000. SIGNS Labs, 1801 N. Davis St., contractor is Icon Idenity Solutions Inc., two permits

iHeartMedia, International Game Technology, Safariland LLC, Guardian Pharmacy of Jax LLC and DRMP Inc. Mutual of Omaha Bank of Tampa made a mortgage of $5.85 million. The property sits on 26 acres. They are two of six Belfort Park buildings that Acorn bought in November 2018. It recently sold two other buildings there at 7900 and 7950 Belfort Parkway for $4.8 million in a deal assisted by NAI Hallmark.

FROM DEC 1

STORES, MERCANTILE Baer’s Furniture Co. Inc., 7760 Gate Parkway, contractor is RLH Construction LLC, 84,242 square feet, new building, $7.6 million. UTILITIES JEA, 2103 Boulevard, No. 1, contractor is Foresight Construction Group. Inc., 500 square feet, install emergency generator, $3.37 million. Compiled by Scott Sailer

BUSINESS CALENDAR To find more business events or to submit your event to the the business calendar, visit jaxdailyrecord.com/calendar. FRIDAY

Belfort Park sale: Jacksonville-based NAI Hallmark‘s Keith Goldfaden, Daniel Burkhardt and Luke Feldman represented seller Acorn Property Holdings in the sale of 8000 and 8001 Belfort Parkway to RFLED Belfort LLC of Fairview Park, Ohio, for $7.7 million. The property comprises two single-story, multitenant buildings totaling 86,400 square feet of space at 87% occupancy at the time of the sale. Jeff Terwilliger with SVR Realty represented the buyer. Tenants include

for wall signs, $3,100. Labs, 11430 Beach Blvd., contractor is Icon Idenity Solutions Inc., two permits for wall signs, $2,400. Smokers Nation CBD-Kraton-Vape, 14866 Old St. Augustine Road, No. 107, contractor is Novalux Signs Inc., wall sign, $2,300. Laundromat, 5229 Normandy Blvd., contractor is Novalux Signs Inc., wall sign, $2,300. Sprout’s Farmers Market, 12675 Beach Blvd., No. 200, contractor is Harbinger LLC, $2,000.

Mark Vitner at St. Johns County Chamber: Wells Fargo Securities LLC senior economist Mark Vitner will provide insights at the St. Johns County Chamber of Commerce Quarterly Economic Development Council on Friday. The event is 8-9:30 a.m. at the Renaissance World Golf Village Resort at 500 S. Legacy Trail in St. Augustine. Cost is $45 for Economic Development Council members and those invested at a higher level. Nonmembers and guests can contact Erin.Johnson@SJCChamber.com. For information, visit sjcchamber.com.

Of Savings HOLIDAY SALE

TUESDAY

CSX’s Wallace at JAXUSA: Mark Wallace, executive vice president of sales and marketing with CSX Corp., is scheduled as the keynote speaker at the 4th Quarter JAXUSA Partnership Lunch on Tuesday. JAXUSA Partnership is the economic development division of JAX Chamber. Check-in starts at 11:30 a.m. followed by the program at noon. The event is at the Hyatt Regency Jacksonivlle Riverfront Hotel at 225 E. Coastline Drive. Tickets are $50 for JAXUSA investors; $60 for JAX Chamber members; and $75 for nonmembers. For information, visit myjaxchamber.com.

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THURSDAY, DECEMBER 5, 2019

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Seaspan Chief Financial Officer Ryan Courson said a series of bad situations led to losses at APR Energy. “We can take that business and it can be an avenue for capital deployment for many, many years,” he said.

APR officials could not be reached for comment this week to discuss any plans. APR employed a little less than 200 people in Jacksonville when the private equity group acquired the company.

GEE Group President George Bajalia dies

Seaspan

THE BASCH REPORT

‘Mini Berkshire Hathaway’ buys APR Energy for $750M

MARK BASCH CONTRIBUTING WRITER

Seaspan Corp., a company that leases containerships, is seeking to diversify. A Hong Kong-based company that agreed to acquire Jacksonville-based APR Energy Ltd. has designs of becoming a “mini Berkshire Hathaway,” according to one analyst. Seaspan Corp. announced a $750 million agreement on Nov. 21 to buy APR, which provides power plants on a fasttrack basis around the world. Seaspan’s main business is leasing containerships, but it announced the APR deal as part of a plan to form a new holding company called Atlas Corp. and diversify its operations. “The reorganization should not come as a surprise, or at least the substance of the reorganization, as the company is looking to effectively become Berkshire Hathaway, a conglomerate with a small corporate office and decentralized, autonomous business units,” Stifel analyst Benjamin Nolan

said in a research note. The combination of Seaspan and APR into this holding company made sense because investment company Fairfax Financial Holdings is the largest shareholder of both firms. APR was publicly traded before a buyout in early 2016 by a group of private equity firms led by Fairfax. Fairfax owned 18% of APR when it was publicly traded and increased its stake to 49% in the buyout, according to a research note by BMO Capital Markets analyst Fadi Chamoun. The firm’s ownership stake in APR has increased to 68% since the buyout, Chamoun said. Fairfax also owns 36% of publicly traded Seaspan, according to Securities and Exchange Commission filings. Seaspan reported revenue of $843 million and net income of $368 million in the first nine months of this year. APR has not reported any financial results since the 2016 buyout but it was losing money after some projects in foreign countries fell apart. Seaspan said APR is expected to produce $300 million in revenue next year. The company also said in an SEC filing about the deal that “APR Energy has a recent history of net losses,” but gave no figures. A day after announcing the deal, Seaspan hosted an investor day presentation. “Management reassured investors that it ran a very rigorous investment selection process in its evaluation

of APR. APR is expected to be accretive by fiscal 2021,” Chamoun said. In the presentation, Seaspan Chief Financial Officer Ryan Courson said APR “had a series of kind of bad situations unfold in Libya” that led to its losses. However, the company is optimistic about APR’s prospects. “If we don’t get comfortable with a business on a standalone basis, we’re not interested,” Courson said. APR is the “No. 1 provider of mobile gas turbines in the world,” he said. “It’s in an industry we’re comfortable with,” Courson said. “We can take that business and it can be an avenue for capital deployment for many, many years.” Nolan, who rates Seaspan at “hold,” is taking a wait-andsee attitude about the company’s new direction. “We are fans of this model ‘if’ it has the potential to increase returns,” Nolan said. “This requires management to focus on putting capital into the highest returning opportunities at the time, be it in current businesses, new businesses, paying down debt, or buying its own stock. However, with that as a far-off goal, it is hard to pay up for an unknown future.” Seaspan has not said if APR will continue to operate from Jacksonville as a subsidiary of the new holding company, and the company’s investor relations department did not respond to an email question about the Jacksonville office.

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Black Knight Inc. said in an SEC filing that Bill Foley will no longer serve as an executive officer of the Jacksonvillebased mortgage technology company, but will continue as a director and chairman of the board. Foley had served as executive chairman of the company since January 2014. Black Knight is one of several public companies spun off from Jacksonville-based title insurance company Fidelity National Financial Inc., a business led by Foley that grew into a Fortune 500 company. Foley continues to serve as chairman of Fidelity and of Cannae Holdings Inc., a Las Vegas-based investment company spun off from Fidelity.

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Earnings up at Shepherd’s Finance Jacksonville-based commercial lending company Shepherd’s Finance said thirdquarter earnings rose 22% to $203,000, with loans receivable rising 12% to $51.9 million. Shepherd’s Finance, which provides loans for residential construction and development, said it began lowering loan originations in May to ensure it had enough liquidity to cover unfunded commitments. However, it expects to increase loan originations in the fourth quarter. The company also expects net income to rise in the fourth quarter because of a reduction in foreclosed asset balances. MBASCH@ JAXDAILYRECORD.COM

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Jacksonville-based mCig Inc. announced two joint venture deals that will expand its interests in the medical cannabis and hemp-based cannabidiol, or CBD, markets. Last week, mCig said it agreed to form a joint venture with a company called Bare Roots RX LLC, which supplies organic botanical CBD products. Under the agreement, mCig will own 51% of the joint venture in exchange for marketing, sales and technical support. Bare Roots is generating revenue of about $1 million, the company said. That followed an announcement two weeks ago of a joint venture with MVP Holdings and Native Leaf Supply Co., which holds cultivation, manufacturing, distribution and dispensary licenses for medical marijuana in Oklahoma. The company said mCig will own a minority share of the joint venture, but said in a news release the deal paves the way “to enter one of the fastest growing legal medicinal cannabis markets in the U.S.” “This move is part of a measured strategy for mCig, Inc. to expand its reach of licensed cannabis businesses across the country by partnering with established entities in emerging markets,” it said. Also last month, mCig filed its annual report for the fiscal year ended April 30 showing revenue of $2.3 million and an adjusted net loss of $1.8 million. The company had 10 fulland part-time employees as of April, the report said.

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GEE Group Inc. last week announced President George Bajalia died unexpectedly. “George was doing one of the things he loved most, golfing with good friends, when he had a fatal heart attack,” the company said in a statement. Bajalia died Nov. 23. Bajalia, 62, was named president of the Jacksonville-based staffing company in 2017. He had a long association with GEE Group Chief Executive Derek Dewan, having worked with Dewan at Jacksonvillebased MPS Group Inc. “No words can adequately express my deep despair at the loss of a stellar business executive and my longtime friend, George Bajalia. The loss is felt by all of us in the GEE Group community,” Dewan said in a statement issued by the company. Dewan built MPS into a major staffing and consulting firm that was bought out by Adecco Group Inc. for $1.3 billion in 2009. Bajalia served on the board of MPS and ran the company’s professional services division from 1998 to 2001. GEE Group said Bajalia’s duties at the company will be assumed by Dewan, Chief Administrative Officer Alex Stuckey and Chief Financial Officer Kim Thorpe.

mCig expands with joint ventures

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THURSDAY, DECEMBER 5, 2019

Relay team record for 2019 Freed to Run

Freed to Run, now in its third year, has so far registered 22 relay teams that will run six marathons between Tallahassee and Jacksonville Dec. 15-20 to help pediatric patients access civil legal help. Last year, 17 relay teams ran alongside Gunster shareholder Mike Freed with daily stops at county courthouses on a route between the steps of the state Supreme Court and the Duval County Courthouse. The event benefits an endowment for the Northeast Florida Medical Legal Partnership, through which each year Jacksonville Area Legal Aid staff and volunteer attorneys counsel about 200 pediatric patients and their families. They offer help with legal issues such as access to health coverage, educational accommodations and safe housing matters.

File image

From left, Jacksonville Area Legal Aid CEO Jim Kowalski, Gunster attorney Mike Freed, Circuit Judge Steven Fahlgren and Circuit Judge Hugh Carithers cross the 2018 Freed to Run finish line at the Duval County Courthouse. The 2019 finish line will be set up Dec. 20 on the courthouse lawn.

JALA pledged to raise $1 million in donations for the endowment over five years, with the funds matched at 125% by Baptist Health, for a total of $2.25 million that will sustain the program in perpetuity. Freed ran all six marathons alone in 2017 and last year began to run them alongside relay teams which tackle a single marathon. The teams, each of which has set an individual fundraising goal, comprise Gunster; Florida Blue; Community First Credit Union; Fisher, Tousey, Leas & Ball; JAX Chamber; Jacksonville Bar Association Solo & Small Firms Committee; Abel Bean Law; Harrell & Harrell; Akerman LLP; The Truck Accident Law Firm; The Pajcic Smith Group | Merrill Lynch; Forbes & Gilham;

Smoak Davis & Nixon; State Attorney’s Office for the 4th Judicial Circuit; The Defenders, Office of Public Defender Charlie Cofer; Women’s Giving Alliance; University of North Florida School of Music; Jacksonville University; Team Bowzer; Pavement Killers; JALA staff; and the JALA board of directors. Visit jaxlegalaid.org/freedtorun/ to make a donation.

Local lawyers punished by state Supreme Court

In orders issued Oct. 24 through Nov. 1, the state Supreme Court disciplined 22 attorneys. Six are disbarred, nine had their licenses revoked and six had their licenses suspended.

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as ward for a client and that client’s jewelry was stolen by Nichols’ roommate, who also took care of the ward. Nichols was unaware of the theft and reported it when discovered. n For Erin Rebecca Waskiewicz, 93 Calumet Drive in Saint Johns, the court ordered disciplinary revocation with leave to seek readmission after five years, effective 30 days from an Oct. 24 court order. Waskiewicz was arrested for driving under the influence with property damage. She pleaded no contest to the reduced charge of reckless driving. The trial court withheld adjudication and sentenced her to six months of supervised probation with special conditions. Waskiewicz’s Florida Bar disciplinary matter was diverted to Florida Lawyers Assistance Inc., and she participated in the program for one year until she violated the terms of the contract. Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not reapply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam.

THE MARBUT REPORT

MAX MARBUT ASSOCIATE EDITOR

Two attorneys were ordered to pay restitution and one was given probation. Four of the attorneys practice or practiced in Northeast Florida: n James Joseph Boyle, 50 N. Laura St., Suite 2500, in Jacksonville, was disbarred immediately following an Oct. 24 court order. Boyle represented a client in a criminal appeal but failed to file the appropriate paperwork, so the court issued an order to show cause. He then failed to respond to the court, which referred the case to The Florida Bar. Boyle did not respond to the Bar and failed to participate in the disciplinary proceeding. n Earl Mayberry Johnson Jr., P.O. Box 40091, Jacksonville, was disbarred effective immediately following a Nov. 18 court order. Johnson was suspended by the court beginning Aug. 12, but failed to notify his clients of his suspension and failed to file a complete and accurate affidavit as required. He also continued to practice law after being suspended. n Cynthia Leigh Nichols, 221 E. Adams St. in Jacksonville, was suspended for 90 days beginning Dec. 2 with a three-year probation upon reinstatement. An investigation of two insufficient funds notices for Nichols’ trust account found only technical violations of Bar rules, with no intent to defraud or disadvantage clients. Additionally, Nichols served

THE BAR BULLETIN

JaxDailyRecord.com

THURSDAY, DECEMBER 5, 2019

Bar Bulletin The

PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM

COMMENTARY FROM THE PRESIDENT

HISTORIC CHANGE IN ESTATE PLANNING

INSIDE

COMMENTARY

Federal discovery: Save time, money Litigation practice still often results in preamendment requests and objections, and the use of the run-on requests and objections. PAGE 17

ROSE MARIE PREDDY JBA ESTATE PLANNING, PROBATE AND TAX COMMITTEE CHAIR

With its new paperless will, Florida is a trailblazer — and a guinea pig.

ant to sign a will? Reaching for paper and a pen? No need in Florida. As of Jan. 1, Florida’s Electronic Documents Act takes effect and it will change the way we execute and preserve estate planning documents. No more paper. No more pens. No more requirement that testator, witnesses and notary be together in the same room, or even the same state. The testator will be allowed to electronically sign wills, trusts and advanced directives remotely while the witnesses and notary appear via videoconferencing technology, such as FaceTime or Skype. This new law will not replace the traditional pen-to-paper method of executing a will but provides another option. This law was not easy to pass because

A new way to notarize Online video technology can let parties see and hear each other to use a new Florida law that allows clients, witnesses and a notary in different states to execute documents.

COMMENTARY

LaTesha Campbell: Life comes full circle I developed a vision for my life and legal career, largely because of the impact of young professionals giving back to our school through career days and initiatives similar to the Future Lawyers program. PAGE 19

LEGAL BRIEFS

Need CLE hours? Where to go online to keep your career on track. PAGE 16

SEE PAPERLESS, PAGE 16 Special to the Daily Record

PRO FROMBONO THE PRESIDENT

Attorneys honored for pro bono legal service contributions Jacksonville Area Legal Aid presents Kathy Para Outstanding Pro Bono Service awards.

MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR

At the 20th Annual Robert J. Beckham Equal Justice Awards Celebration on Sept. 18, pro bono champions were presented Kathy Para Outstanding Pro Bono Service awards The attorneys were selected for the many hours of volunteer legal service provided, for their

dedication to providing muchneeded services to low-income people and for their support of the programs that assist those members of our community whose stability is most at risk. The honorees represent the hundreds of attorneys who dedicate their time to assist with clinics, outreach projects and case representation, without financial compensation. The awards are presented annually by Jacksonville Area Legal Aid. This year, the Pro Bono Awards were named in

honor of Kathy Para, JALA’s longtime pro bono director who recently retired. Para was instrumental in the creation and supervision of many of JALA’s programs. Her work and commitment continue to make it possible for people to receive assistance with civil legal matters. The 2019 awards: Pro Se Eviction Defense Self Help Project volunteers The Smith, Gambrell & Russell law firm collaborated with

JALA in 2016 to develop the Pro Se Eviction Defense Self Help Project. The clinic helps low-income clients to lawfully request repairs to rental units and to respond to eviction summonses from private landlords. Because of the time-sensitive nature of landlord/tenant issues, the project is conducted once a week so the need for volunteers is immense. The need has been met by attorneys Robert Ellis, SEE PRO BONO, PAGE 18

THE BAR BULLETIN

JaxDailyRecord.com

COMMENTARY FROM THE PRESIDENT

THURSDAY, DECEMBER 5, 2019

JBA CALENDAR COMMITTEE MEETINGS For all meetings, register at jaxbar.org TODAY Veteran and Military Affairs Noon, Duval County Courthouse TODAY Dependency Law Noon, Jacksonville Bar Association DEC. 9 YLS Chili Cook-Off 5:30 p.m., Smith Hulsey & Busey DEC. 10 Judicial Relations Noon, Duval County Courthouse DEC. 10 Elder Law Noon, Jacksonville Bar Association

MEETINGS DEC. 11 Mentor/Mentee Roundtable Breakfast 8 a.m., Duval County Courthouse

‘Do the time if you do the crime’ should not apply to juveniles

ROB MASON ASSISTANT PUBLIC DEFENDER

We can't equate behavior of a child to that of an adult. Children accused of crimes face delinquency charges in juvenile court. Depending on their record, or the seriousness of the accusations, they may be prosecuted as adults. In local legal terms, with juvenile court on the second floor and Circuit Court on the fourth and fifth floors, it's called “kicking the case upstairs.” Should children “do the time if they did the crime?” Not necessarily, and certainly not an equivalent amount of time or punishment compared to adults that have committed the same offense. Let’s face it, kids are different. Their brains work differently than adult brains. It doesn’t matter how smart a teen may be, whether they scored well on the SAT or whether they have a stellar GPA. Parents struggle to understand why their teenagers occasionally behave in impulsive, irrational or dangerous ways. At times, it seems teens don't think things through or even consider the consequences of their actions. That’s because often they don’t.

Adolescents differ from adults in the way they behave, solve problems and make decisions. There is a biological explanation: Their brains aren’t fully developed and won’t be until age 25 or so. Technological breakthroughs, brainimaging techniques performed by high-resolution structural and functional magnetic resonance imaging, have advanced the understanding of the human brain and its development as it progresses from childhood through adolescence and into adulthood. Developmental neuroscience studies have shown that the structure of the adolescent brain and the way that it functions are immature compared to the adult brain. The frontal lobe undergoes significantly more changes during adolescence than any other stage of life. It also is the last part of the brain to develop. Even as adolescents become more capable in other areas, they’re not able to reason as well as adults. Adolescents’ actions are guided more by the emotional and reactive amygdala and less by the thoughtful, logical frontal cortex. As such, adolescents are less able than adults to cognitively selfregulate their behavior. This helps to explain why adolescents are overrepresented in virtually every category of reckless behavior, sensationseeking and risk-taking. Adolescents experience heightened levels of sensitivity to immediate rewards. Although adolescents can appreciate risks, they overvalue the potential reward. Adolescents are more vulnerable or susceptible to negative influences and outside pressure. Their character is not as well formed as an adult. Thus, from a moral standpoint, it is misguided to equate the unlawful

THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President Elizabeth Ferguson Marshall Dennehey Warner Coleman & Goggin President-elect Michelle Bedoya Barnett Alexander DeGance Barnett Treasurer Michael Fox Orr Orr | Cook

Secretary Fraz Ahmed Coker Law Young Lawyers Section President Alessandro Apolito Lippes Mathias Wexler Friedman Executive Director Craig Shoup

behavior of a child to that of an adult. Their lack of maturity and underdeveloped sense of responsibility lessen their culpability and makes them less deserving of the most severe punishments. Don’t believe me? Then how about the U.S. Supreme Court? See Roper v. Simmons, 543 U.S. 552 (2005) and Graham v. Florida, 130 S.Ct. 2011 (2010). These brain differences don't mean that young people can't make good decisions or tell the difference between right and wrong. Nor does it mean that they shouldn't be held responsible for their actions. However, an awareness of these differences can help parents, teachers, advocates, policymakers and stakeholders in the criminal and juvenile justice system better understand the behavior of adolescents. This understanding of adolescence does not excuse young offenders for criminal or delinquent behavior, but it definitively lessens their culpability. While science cannot gauge moral culpability, science can shed light on factors relevant to culpability and the appropriateness of punishment. Juvenile defenders and criminal defense attorneys need to understand adolescent brain development and present supportive evidence as mitigation. Additionally, in order to fairly treat adolescents and young adults, prosecutors also need to understand the science. An understanding of adolescent brain development will assist and elevate the level of representation by attorneys in any practice area where an adolescent’s behavior is relevant to their client’s case. Rob Mason is director of the Juvenile Division, Office of the Public Defender, 4th Judicial Circuit.

BOARD OF GOVERNORS MEMBERS Brian T. Coughlin Bedell Firm

Adina Pollan Pollan Legal

Christian P. George Akerman

Asghar A. Syed Gunster

Jamie Karpman U.S. Department of Housing and Urban Development Blane McCarthy Blane McCarthy

Cyndy Trimmer Driver, McAfee, Hawthorne & Diebenow Lindsay L. Tygart Coker Law

UPCOMING EVENTS For all events, register at jaxbar.org TODAY Health Law Committee Social 6 p.m., Moxie Kitchen + Cocktails Register at jaxbar.org SUNDAY A League Of Our Own: Joint Bar Sporting Event 4:05 p.m., TIAA Bank Field Join us for the inaugural A League of Our Own: Joint Bar Sporting Event. JWLA, JBA/YLS, JJA, JBBA, St. JAWL, Clay County and D.W. Perkins Bar Association are joining forces to tailgate and then watch the Jacksonville Jaguars play the Los Angeles Chargers. The event is open to all friends and family. DEC. 9-16 Holiday Project Drop Off 9 a.m. to 4 p.m., Jacksonville Bar Association The JBA is sponsoring the 2019 Holiday Project for the benefit of senior citizens in Duval County. This year we need sponsors who will purchase and deliver gifts to senior citizens or you may deliver your items to the JBA office. Complete the sponsor pledge form at jaxbar.org DEC. 11 Labor & Employment Law Committee Holiday Gathering 4 p.m., Elks Building DEC. 11 Bench & Bar Holiday Party 5:30 p.m., Wells Fargo Center Help us celebrate this special time of year with fellow members of the bench and Bar. Members of the JBA and their guests are invited to join us for heavy hors d‘oeuvres and cocktails at the Wells Fargo Center lobby. DEC. 19 Young Lawyers Section Happy Hour Location to be determined, but save the date.

EDITORIAL COMMITTEE Editor-in-chief Kelly Karstaedt Karstaedt & Stanko Editors Iana Benjamin Cordell & Cordell Ashlea Edwards Akerman

Kirsten Oliver Law Offices of William W. Kurtz, Jr.

THE BAR BULLETIN

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THURSDAY, DECEMBER 5, 2019

Paperless: Electronic will signing is now the law CONTINUED FROM PAGE 14

unlike other legal documents, the testator will not be alive when the will goes into effect. As such, rigid processes must be in place to ensure the testator is a competent, nonvulnerable adult at the time of execution. The notary must be trained to facilitate the execution of an electronic will. They must determine if the testator is a “vulnerable adult” under Florida Statute Section 415.102(28) if the testator wants to sign the document without witnesses in the room. The notary must ask the testator the following questions as provided in the statutes: n Are you under the influence of any drug or alcohol today

that impairs your ability to make decisions? n Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living? n Do you require assistance with daily care? Based on the questions and Florida Statute Section 415.102(28), “vulnerable adult” is broadly defined. If the testator answers yes to any of the questions, the notary cannot proceed. They will be considered a “vulnerable adult” and as such, the witnesses must be physically present with the testator at the time of execution. If the testator is not a “vulnerable adult” and the witnesses want to appear remotely, the

notary will need to ask additional questions of the testator as listed in the statute: n Are you currently married? If so, name your spouse. n State the names of anyone who assisted you in accessing this video conference today. n State the names of anyone who assisted you in preparing the documents you are signing today. n Where are you currently located? n Who is in the room with you? If the notary is satisfied with the answers, the testator can electronically sign the document with witnesses and a notary remotely appearing via video conference technology. The notary must maintain an electronic journal of what, when

and for whom the online notarizations were done that is to be kept for 10 years. A “qualified custodian” in Florida holds the video and electronic documents. Uniform standards will be adopted for tamper-evident technologies that will prevent and/or reveal any alteration or changes to the document after execution. A qualified custodian is liable for the negligent loss or destruction of an electronic record and cannot limit liability for doing so. They must maintain insurance in case of errors or omissions. Once the testator dies, the custodian e-files the will. If the testator dies as a resident of another state, it is unknown if the other state will admit the

LEGAL BRIEFS

Need CLE hours? Check out the JBA website

Keep involved in the JBA

Key reasons to renew your JBA membership

The Jacksonville Bar Association has a CLE video library where you can purchase online CLE presentations and get those CLE credits you need in the convenience of your home or office. You may choose from as few as 0.5 CLER hours to as many as 8.0 CLER hours, including various certification hours. Just select the videos that correspond with the CLE credits you need, purchase them, watch online and submit for credit. Topics include family law, technology law, transactional law and professionalism for new practitioners. Visit jaxbar.org/store

The driving force behind this organization is the active participation of its members. Please give the association the benefit of your ideas and talents by volunteering to serve on one or more of the committees shown on the JBA website. With your active involvement, this association will flourish. To join or change your committee preferences, open your web profile at jaxbar.org and click on “Join a Committee.”

n Bench & Bar Holiday Party free to members n General and Law Day luncheons free to members n Annual golf tournament n Free committee participation n Access to Attorney Conference Center, Duval County Courthouse n Bar Bulletin – First Thursday monthly edition of the Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n Savings on exclusive member benefits n JBA E-News member email n Free listing in website directory with photo

electronic will to probate. The statutory updates to electronic documents also extend to other estate planning documents. For example, a durable power of attorney cannot include special transactions provisions or “super powers.” Electronic will signing is now law or on the way to becoming law in six other states, but the laws still are untested to provide any guidance on whether they are workable. As such, Florida will be both a trailblazer and a guinea pig for the rest of the country. Rose Marie Preddy is owner of the Preddy Law Firm P.A., practicing estates, trusts, probate, guardianship and business succession planning.

THE BAR BULLETIN

JaxDailyRecord.com

THURSDAY, DECEMBER 5, 2019

COMMENTARY FROM THE PRESIDENT

COST-EFFECTIVE FEDERAL DISCOVERY

Follow the rules and leave the kitchen sink at home. BY CINDY LAQUIDARA & HOWARD JAY HARRINGTON

o one wants to take up court time briefing or arguing over discovery. Doing so can create the wrong initial impression before the court and delay the production of needed discovery. We all have had cases where the seemingly endless hours seeking, responding to and reviewing documents produced start rapidly eating through the litigation budget, much to the client’s dismay. In response to the quagmire that had become routine, or even inevitable, in discovery, the Federal Rules of Civil Procedure were amended in 2015, and the changes created a solid path to reasonable and cost-effective discovery. Despite the passage of time, litigation practice still often results in preamendment requests and objections, and the use of the run-on requests and objections. However, when one observes the constraints of the amendments — even in state court — discovery will be more focused, relevant and cost-effective. Let’s focus on two of those rules which, although different from the state court rules, still provide the proper guidelines for conducting discovery: Fed.R.Civ.P. 26(b)(1) and Rule 34(b)(2). Rule 26(b)(1) provides that discovery must be relevant and proportional — and not that it is reasonably calculated to lead to admissible evidence. Fed.R.Civ.P. 34(b) requires

Cindy Laquidara

Howard Jay Harrington

that objections must be specific. If you are withholding documents, you must identify them and you must state a schedule for the production of the documents you are producing. To ask for relevant, proportional discovery, which translates into efficiencies for you, the court and the client, identify the proper burden of proof and prepare a proof checklist. Determine what you must prove, then identify the key evidence or categories of evidence you need to prove it. Start with the basics and build up. Be prepared to explain why the requests to produce or admit or interrogatories are necessary to prove your case, and why the burden on the opposing party is proportional to the issues in the case and your need to prove them. Ask for the documents you know exist and be specific as opposed to being all-encompassing on the first request, as it is likely you will learn more about the case as discovery proceeds. If you proceed in this manner, you will be able to support and

defend any challenges that come your way. Abandon any remaining reliance on the reasonably calculated standard to draft discovery now, and reasonably calculate the justification later. This practice, akin to shooting the arrow and then painting the bull’s-eye around where it lands, is becoming more disfavored by the court. When responding to discovery under Rule 34(b)(2), be specific. All-encompassing, prolix objections have been used for years. Many practitioners have a form objection that they can recite from heart: “Defendant objects to the request as overbroad, etc. . . . to the extent it seeks confidential information, and/ or privileged documents, etc. . . . subject to and without waiving the foregoing objections, Defendant states, etc. . . . and a partridge in a pear tree . . . .” These types of objections — though they may have been ingrained in the abundance of caution mindset of young associates for years — are, and always have been, worthless. This type of general objection preserves nothing and informs

no one on the scope of the objection, or on whether documents actually exist and are being withheld. Following the amendments to the Rules, they are increasingly becoming the subject of scorn and sanctions from the court. See Liguria Foods Inc. v. Griffith Laboratories, Inc., 320 F.R.D. 168 (N.D. Iowa 2017) (in the authors’ opinion, the seminal case on what to avoid, and how to follow the new rules); see also Polycarpe v. Seterus, Inc., No. 6:16–cv–1606–Orl–37TBS, 2017 WL 2257571, at *1–2 (M.D. Fla. May 23, 2017) (citing Ligura with favor; collecting cases; and overruling all of defendant’s “general objections.”). No one in your office could read the standard general objection and inform you as to what you are keeping; but that is exactly what should be the standard for making the objection in the first place. Analyze your objections from the endpoint. Define those categories of documents sought that are not being provided. For example, instead of merely objecting as overbroad, explain that defendant objects to the production of any correspondence prior to 2015, and is withholding same, as the two-year statute of limitations ran on January 1, 2015. Another example: Instead of relying upon the opaque, yet talismanic, objection of privilege, state that you are withholding all correspondence between trial counsel and the client relating to this matter and identify the beginning date. Prior to that

date, provide a privilege log. For trade secrets or confidential matters, note that you are withholding production until an order can be entered protecting their disclosure, and tender a proposed confidentiality agreement in compliance with the rules to opposing counsel. Research and identify the basis for your objections to ensure that you are not caught up short in a motion to compel, and that you are as prepared to address the weak facts relating to your case as you are the strong ones. Finally, ESI discovery: Know what you are asking for and obtain technical help in obtaining it. This will help avoid the production of tens, if not hundreds of thousands, of irrelevant documents, and avoid the likelihood of missing that key email. It can be a difficult argument to do away with the general objections when you are co-counsel or part of a team. However, this outdated style of discovery is contrary to the amended rules. To avoid potential excoriations by the court, and to save time and money for you and your client, leave the kitchen sink at home. Cindy Laquidara is a partner with Akerman LLP with an established practice including complex litigation, administrative hearings, and federal and state trials and appeals. Howard Jay Harrington is an associate with Akerman LLP focusing on commercial litigation.

THE BAR BULLETIN

JaxDailyRecord.com

THURSDAY, DECEMBER 5, 2019

Special to the Daiy Record

The 2019 Jacksonville Area Legal Aid pro bono service award recipients, from left: Thomas Ross, Daniel B. Nunn, Robert Ellis, Angela Viltro, Rick Stockton, James Poindexter, Logan McEwen, Anne Marie Gennusa, Tad Delegal and Brandon Beardsley. Jeffrey Haynie was not able to attend the 29th annual Robert J. Beckham Equal Justice Awards.

Pro Bono: Attorneys honored for contributions CONTINUED FROM PAGE 14

Jeffrey Haynie, Logan McEwen and Angela Viltro. Haynie used his years of experience in housing law to develop training materials that allow project volunteers to assist clients and also provided pro bono representation to Eviction Defense Project clients. Ellis assisted clients at the clinic every month and was instrumental in organizing the first Ask-A-Lawyer event at Jacksonville Beach in many years. McEwen is an every-month volunteer and has provided representation for many of the clients from the clinic as well as volunteering at most Ask-A-Lawyer events in the past two years. Viltro donated more than 125 hours of pro bono time in 2018 as a volunteer at the clinic, including representing clients in eviction cases, assisting families with guardian advocacy cases and volunteering with JALA’s pro bono unit. Long Time Advocate for LowIncome Seniors Award: Richard Stockton

Senior citizens face many difficult planning decisions and Richard “Rick” Stockton is there to answer the call for help. Stockton assists the Alternative Spring Break project by offering training and mentorship to law students participating in senior citizen advance directives document preparation outreach initiatives. He created macro-enabled template documents used at Alternative Spring Break events and the monthly Advance Directive Night that allow for efficient and accurate preparation of advance directive documents by volunteers. Stockton also frequently serves as an expert resource at advance directives events as well as assisting many legal aid clients directly with probate, wills and advance directives matters. Tad Delegal III and James Poindexter for pursuing fairness for employees Whether ensuring that a mother can pump breast milk for her baby on her breaks at work, helping a senior citizen to receive her proper pension benefits, or fighting for clients who

are victims of labor trafficking, Delegal and Poindexter do not back down. Those are the situations of some of the clients whose lives Delegal and Poindexter have positively impacted. Without an advocate, employees are left with confronting an employer, who usually is represented by an attorney, in a complex and time-consuming legal matter as a pro se litigant. Delegal and Poindexter are professional, compassionate and committed to ensuring that their legal aid clients have a fair chance to preserve employment income and the stability of their families. Nelson Mullins and TIAA Bank: Helping people with special needs When a child reaches age 18, her or his parents or legal guardians no longer have the legal authority to make decisions on behalf of the child. For those with a developmental disability, assistance with matters such as medical and financial decisions is needed beyond the age of 18. The guardian advocacy process helps parents or legal guardians obtain legal authority to contin-

ue caring for their disabled child. Norah Rogers, pro bono administrator for Nelson Mullins, recognized the need for assistance and put together a group of attorneys and paralegals from Nelson Mullins and TIAA Bank. Training was provided to the group by attorney Lisa DiFranza and the collaboration began. Nelson Mullins and TIAA have taken several cases and have helped families to achieve stability and ensure that their loved ones will be able to receive the care they need. Brandon Beardsley: “Honey Badger” family law lawyer Since Beardsley’s graduation from law school in 2003, he has been pitching in to help low-income clients at St. Johns County Legal Aid. Originally from Kentucky, Beardsley has every practical skill. He can hunt, trap, build, fix, sell and charm and his life experiences have given him compassion and insight into family law. A fellow hunter once gave him a stuffed honey badger because Beardsley is a relentless advocate

The awards are presented annually by Jacksonville Area Legal Aid. This year, the Pro Bono Awards were named in honor of Kathy Para, JALA’s long-time pro bono director who recently retired.

for those in need. He has won the St. Johns annual pro bono award three times (most hours done in a year) and was recognized by JALA because of consistent advocacy. Anne Marie Gennusa: A tireless family law lawyer for those who need her most When the going gets tough, St. Johns County Legal Aid calls in Gennusa. Her heart is large enough to make time for those family law cases few are willing to handle and she has stepped up to take difficult cases for decades. A true child advocate, Gennusa will make the time no matter how busy she is and doesn’t shy away from the most challenging cases. She has won the St. Johns annual pro bono award three times and practices criminal law as well. Attorneys interested in these and other pro bono opportunities in the 4th Judicial Circuit are encouraged to contact missy.davenport@ jaxlegalaid.org.

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THURSDAY, DECEMBER 5, 2019

YOUNG LAWYERS FROM THE PRESIDENT

Mentoring future lawyers, leaders

Special to the Daiy Record

Students from Raines and Ribault high schools participating in the JBA Young Lawyers Section Future Lawyers and Leaders program toured the Duval County Courthouse on Nov. 1.

A time to reflect as students from Ribault, Raines high schools visit the Duval County Courthouse.

LATESHA CAMPBELL YOUNG LAWYERS SECTION EX-OFFICIO BOARD MEMBER On Nov. 1, I organized a tour of the Duval County Courthouse and State Attorneyâ€™s Office for more than 30 students from Ribault and Raines high schools. While we were on the third floor of the courthouse, I learned that only two of the students had previously been on a field trip to

the courthouse. I was reminded of my first time visiting a courthouse, as a law school student on an assignment to watch a criminal trial. It also reminded me that my first time visiting the Duval County Courthouse was on my first day of work as a new assistant state attorney in 2013. I told the students that I too once was a Ribault High School student leader. I encouraged them to take advantage of the attorney mentors and opportunities the Jacksonville Bar Association Young Lawyers Section Future Lawyers and Leaders program at Ribault High School provides. I grew up in North Jacksonville and attended Jean Ribault High School. As a high school student, I had never seen the inside of a courthouse and did not know any attorneys.

I developed a vision for my life and legal career, largely because of the impact of young professionals giving back to our school through career days and initiatives similar to the Future Lawyers program. The program provides student leaders at Jean Ribault High School mentors and exposure to the legal profession. Each year, students and mentors interact through lunches, field trips and mock trial practices. The program year ends with a mock trial at the Bryan Simpson U.S. Courthouse with U.S. District Judge Brian Davis presiding. After four school years volunteering with the Future Lawyers program, I have spent many hours coaching and giving advice to students. I have been paired with mentees and inspired while observing them go from participating in the program to

graduating from high school and leaving for college. It has been so rewarding to give back to the students, and my involvement in a YLSsponsored program has led to my continued involvement with other student mentoring initiatives and the JBA as well. As young attorneys, we begin our careers eager to find our place in the profession. It can be difficult to find time to get involved outside of the office and still meet the demands of learning the job. It also can be difficult to figure out the right things in which to become involved. My advice is to start by giving back to the community in ways that inspire you. I know firsthand the impact that meeting an attorney, having a mentor or taking a trip to a new place can have on a student with limited exposure to the world

outside of their communities. Because of this, I am passionate about showing the next generation a path into the practice of law and a career in public service. While this commitment to service is paramount, it has also served me in so many ways through meaningful relationships and opportunities as I grow in my career. I am grateful that life comes full circle, and I am able to give back in a way that is unique to my personal experience. I encourage all young lawyers to get involved with the JBA by finding an opportunity to give back. LaTesha Campbell is an assistant state attorney in the 4th Judicial Circuit and serves as a division chief in County Court.

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GISELLE CARSON

GISELLE CARSON Marks Gray shareholder

BY MAX MARBUT • ASSOCIATE EDITOR

Age: 51

Giselle Carson is a business immigration attorney at Marks Gray. She recently was recognized as one of the 50 most influential Hispanics in the state by the Florida State Hispanic Chamber of Commerce.

Education: Bachelor’s in Physical Therapy, McGill University; J.D., Florida Coastal School of Law

Who or what inspired you to become a lawyer? Passion and determination drive my inspiration. I’m passionate about making a difference and determined to help others. As a former physical therapist, I helped clients regain their independence and get back to walking, running, playing golf — whatever they aspire to do. It’s a powerful and intentional impact I try to make. I became a lawyer to continue to make a difference in the lives of my clients. Today, our business immigration team represents clients from Jacksonville to New York and Latin America to Asia. Through our work, we’re creating opportunities, supporting economic growth and advancing innovation. Someone other than my spouse who inspires me: Duval County Judge Gary Flower, Madeleine Albright, Teddy Roosevelt and Gloria Estefan. How do you relate your undergraduate degree to your practice of law? As a physical therapist, I helped patients set goals and achieve them so they could accomplish great things. I must have stamina, a positive outlook and a team player mindset. The skills I developed as a physical therapist make me a better attorney. Our practice requires resilience, patience and partnership to help our clients overcome immigration challenges and achieve their goals. One of the most rewarding things of being a business immigration attorney is sharing in the excitement and honoring the accomplishment of our clients when they receive an approval notice for a work visa, a green card or a naturalization. Sharing their success is magical and keeps on driving my work.

is employers are having a difficult time finding and competing for qualified top talent. Our country needs these workers. Over the next few years, we will need to develop and implement an immigration system that protects U.S. workers while also providing for the efficient incorporation of immigrant workers into our workforce and helping immigrants assimilate and flourish.

Special to the Daily Record

How did you decide on your practice area? Business immigration is very personal to me. Having escaped from Cuba at age 15 and gone through immigration processes twice, first in Canada and then the U.S., gives me the inspiration and desire to help others with their immigration process and goals. I started the immigration practice at Marks Gray in 2005 by helping two of our health care clients obtain work visas for foreign talent, then I started helping more employers and that’s how the immigration team began to grow. Now, our immigration team partners with about 40 employers nationwide and globally to help them hire and retain foreign talent through the processing of work visas and green cards to create opportunities, foster innovation and maintain global economic competitiveness. What do you think will be the next biggest change in your area of law? Regardless of political positions on immigration, the reality

If I could change anything in the legal system, I would: Particularly in the business immigration legal system, I would decrease the bureaucracy and reform and/or modernize the system. Our current legal immigration system is decades old and can’t keep up with global changes and workforce needs. The U.S. has just 5% of the world’s population. We’re a nation of immigrants. We must develop a reasonable legal system that allows us to recruit talent from abroad to continue to prosper, innovate and uphold our distinction as the land of opportunity. What’s your advice for new lawyers? Make time to get out of the office and involved in the community. The practice of law is so much more rewarding when you can be a leading contributor to our community successes. Make time for self-care and to accommodate fatigue into your day-to-day life. One of the reasons I’m so passionate about this topic is that I have sometimes neglected my health to develop my career. Thankfully, I quickly realized this was to my detriment. Make time for your health, mentally and physically. Make time and take ownership to develop the future you want – most likely, it will take you decades to get there. Success is rarely an overnight event.

Hometown: La Havana, Cuba Family: Husband, Jeff, a physical therapist and endurance athlete; global family in Miami and Ottawa Favorite books: “Marathon Woman,” “Becoming Odyssa” and “Wonder Girl” Books I’m reading now: “Skipping Christmas,” “The Little Black Book of Workout Motivation” and “Traction” Websites and apps I can’t live without: Audible, Trello, Evernote, Zwift, American Immigration Lawyers Association Favorite nonwork activities: Scuba diving in amazing places, dancing, triathlons, hiking and yoga

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