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LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATIONTAMPA, FLORIDA SUMMER 2017 VOL. 27, NO. 6

THE HILLSBOROUGH COUNTY BAR ASSOCIATIONLAWYERSUMMER 2017 VOL. 27, NO. 6DIVISIONS4FEATURES & EVENTS71114YLD JUDICIAL APPRECIATION LUNCHEONNEW ADMITTEE SWEARING-IN CEREMONYTHIRTEENTH JUDICIAL CIRCUIT UNVEILSLACTATION ROOMS1116C @7 :BC B8?@ *B?CA 9C-6 9;B6C0@A?A323DOING OUR PART TOPRESERVE DEMOCRACYTHANKS TO ALL OUR FOX 13ASK-A-LAWYER VOLUNTEERS25A DREAM COME TRUE: THEYOUNG READERS INITIATIVELINCOLN AWARD PRESENTED TOSHEILA NORMAN AND CONSTRUCTIONSECTION LUNCHEON/CLE31CRIMINAL LAW SECTION RECOGNIZESBRIAN ALBRITTON323647515560LAW & LIBERTY DINNER B74 @ BC @?B7 ? ;C%B;;A*BC16C( 8 C 2C 6 B;62A REFLECTION ON OURFIRST MONTHS OF CRIMINALJUSTICE REFORMYLD PADDLEBOARD THEIR WAY TOWELLNESS AND SOLO & SMALL FIRMSECTION LUNCHEON/CLE66LABOR & EMPLOYMENT LAW SECTIONLUNCHEON/CLE AND PIRATE PLUNDER PARTY 9@ ? ;C%B;;A*BC16C 9C5 3B64#5 .C&?B;@9B ;C%B;;A*BC16C B @ C%2C%7-A4*8:@ 6810A TIME FOR THANKS - C&?B;@9B ;C%B;;A*B16C#2C B1C%B: 2017 LIBERTY BELL AWARDGOES TO USF’S ERINKIMMERLE; LAW DAYLUNCHEON CELEBRATIONMARKS END TO BANNER YEAR? 3C 8BC0 A BC. ? B616C. 9?B'C#2C A?B 12142017 LAW DAY MEMBERSHIP LUNCHEONHEALTH CARE LAW LUNCHEON/CLEMARITAL & FAMILY LAW LUNCHEONRPPTL LUNCHEON/CLETRIAL & LITIGATION SECTIONAWARDS LUNCHEONPOSITIVE OUTCOMES FOROUR CHILDREN? 3C 8BC)8@? BB 8C(49@7@A:C5@?74@ C58@B/C(49*BC16C(49*BC A:9C @7A? A3236ABOUT THE COVER %) (!* "#'( &'' * & (!&' '*)&*' * #)* !& !"& !(& (!* *'( '*""& "* #" % *" )*' * % * ( )&((* !& # % * * '* #((%) * # %) *) )%'* (%) %(( )% !* ' ' * '* " '(%) "&'!* & (*""' (!* '(%) % # !&* * ( )%'* (%) !% &' !#) * &(! # ) (#" )& * # )# ' % )% ' "* #" * *)&* *' (% % * # )*#"&'(& # )& & '(%) !* %% #' # # (* & (% # &" & '(#))& #))&'% %) Published by Farrar, Straus and Giroux, 1987.0,AA? B:395 BB/41@B7@-.? 9

SECTIONS48PRACTICE TIPS FOR TAMPABAY ATTORNEYS - MAKINGYOUR CLIENT SPECIALCOMMITTEES B::B7 4A:C&? B? 6C0B7 @ C16C(B//C5 502018HARMLESS ERROR IN THESECOND DISTRICT: HASSPECIAL HAD AN IMPACT?54COLLABORATIVE DIVORCE FIVEYEARS LATER – A LOOK BACK5 ::A1 ?A @ BC-A'C0B7 @ 16C( 8 C ?A;B?C#@3B;24FAILURE TO INCLUDESTATUTORY NOTICE TO OWNERWARNINGS WILL INVALIDATEYOUR LIEN5 ; ?47 @ C-A'C0B7 @ 16C ?@ C A@ B;C26THE ESPN OF LAW – CLIENTSARE WATCHING5 ? ?A BC5 4 ;B:C0B7 @ 16C(B//C5 30564661636465#BA: 8C5A?BC-A'C0B7 @ C16C)8 3A;C )2(2 C B?A BGENDER BIAS IN THE LAWChester H. Ferguson Law Center1610 N. Tampa St., Tampa FL 33602Telephone (813) 221-7777www.hillsbar.com A?C-BA9B?;8@ C ; @ 4 BC5 33@ BB16C#A? :9C# :9B?42520 : C C03A::C @?3C0B7 @ C16C ?@; B C.2C : )?@A:C C-@ @*A @ C0B7 @ C16C ?A 9 C 2C078BB:B53THE IMPORTANCE OFJURY TRIALS TO AMERICANJURISPRUDENCESHIFTY BURDENS, TRIGGERINGEVENTS & TWO-TIERED ANALYSIS ? B?; C5 3 B ;A @ C0B7 @ C16C ?A6C0A 9B?;Ed ComeyAssistant EditorMaria RamosExecutive DirectorJohn F. KynesADVERTISINGPR/Communications DirectorStacy Williamsstacy@hillsbar.com (813) 221-7779TECHNOLOGY ANDDIVERSITY – CLOSING THEGENERATIONAL GAPREFLECTIONS UPON SERVICE –AN MVACer’s PERSPECTIVE%@:@ A?6C C B B?A ;C.//A@?;C5 33@ BB16C0 B BC B?:@ SWITCHING SIDESEditorLEADERS IMPROVINGOUR FUTURE @ B?;@ 6C5 33@ BBC16C%A?;8AC%2C% ;B;26LAWYER20THE FEDERALIST SOCIETY63THE HILLSBOROUGH COUNTY BAR ASSOCIATION420B @ ?C5 4 ;B:C0B7 @ 16C)8 3A;C B'7 31C#69B)?@A:C C-@ @*A @ C0B7 @ C,C. 4A:0 49B C(4?6C ;;A6C5 B; C @ @ * ;;A6C16C.*A AC)2C 4 @A?67THE BASICS OF STEM CELLTHERAPY REGULATIONU.S. V. STEIN: GOVERNMENT’SSENTENCING BURDEN INSECURITIES FRAUD CASESCLARIFIED0B74?@ @B;C0B7 @ C16C%A C%4B::B?2017 LEGISLATIVE SUMMARY:CRIMINAL JUSTICE VERSION5?@3@ A:C-A'C0B7 @ C16C.9A3C-2C A B?!C HOLDOVER TENANTS: MANAGINGEND OF LEASE LIABILITYBA:C&? B? 6C&? 1A BC C)?4; 0B7 @ C16C ?@A C52C @::@;C. B::A BC&?A7 @7BC0B7 @ 16C(A?B9C%2C ?4 A?22PROCEDURAL PITFALLS TO AVOID!%A?@ A:C C A3@:6C-A'C0B7 @ C16C.::@; C%2C&B?6CCPROFESSIONALISM FORAPPELLATE ATTORNEYS&? /B;;@ A:@;3C C 8@7;C5 33@ BB16C A 9A::C B9B?CIN EVERY ISSUE2127495868697072NEW HCBA MEMBERS100 CLUBBENEFIT PROVIDERSSAVE THE DATECLASSIFIED ADVERTISINGJURY TRIAL INFORMATIONAROUND THE ASSOCIATIONADVERTISING INDEXOFFICERSPresident: Kevin M. McLaughlinPresident-Elect: Gordon Hill; Imm. Past President: Carter AndersenSecretary: Scott Stigall; Treasurer: Robert J. ScanlanEX-OFFICIOChief Judge Ronald Ficarrotta; Judge Laura E. Ward; Todd TimmermanDIRECTORS:Alex CaballeroVictoria N. FerrentinoPaige A. GreenleeRachael L. GreensteinAnthony D. MartinoWeb Melton IIICory PersonJohn A. SchifinoJacqueline Simms-PetredisGrace Yang 00 C , C)# C# --0 #C5 ) C . C.00 5 .) CLawyer @;C 41:@;8B9C;@ C @3B;C B?C6BA?C16C 8BC#@::;1 ? 4*8C5 4 6C A?C.;; 7@A @ 2C 9@ ?@A:!CA9 B? @;@ *!C;41;7?@ @ !CA 9C7@?74:A @ C //@7B;"C C 2C)A3 AC0 2!C)A3 A!C 2C58A *B;C /CA99?B;;C34; C?BA78C 8BCLawyer //@7BC;@ C'BB ;C@ CA9 A 7BC /C 8BC B C@;;4BC9A B2C @ BC1 8C :9CA 9C B'CA99?B;;2C& 0)%.0) "C0B 9C78A *BC /CA99?B;;C @7B;C C#@::;1 ? 4*8C5 4 6C A?C.;; 7@A @ !C C 2C)A3 AC0 2!)A3 A!C -C 2C BC7 6C /CBA78CLawyer @;C;B C/?BBC C3B31B?;C /C 8BC#@::;1 ? 4*8C5 4 6C A?C.;; 7@A @ 2C.99@ @ A:C;41;7?@ @ ;C C3B31B?;C ?C/@?3C:@1?A?@B;CA?BC 2C. 4A:C;41;7?@ @ ;C C 8B?;!C 2C0@ *:BC7 6C ?@7B!C 2 2C .::C :4;C A 2 C)8BCLawyer @;C 41:@;8B9CA;C A? C /C 8BC#5 . ;C7 33@ 3B C C ? @9BC3B31B?;8@ C'@ 8C@ / ?3A @ C?B:A @ *C C@;;4B;CA 9C7 7B? ;C /C 8BC:B*A:C7 334 @ 62C @ @ ;CA 9C ;@ @ ;CB ?B;;B9C@ C 8BCA? @7:B;CA?BC 8 ;BC /C 8BCA4 8 ?;A 9C3A6C C B7B;;A?@:6C?B/:B7 C 8 ;BC /C 8BC#5 .2C0413@;;@ ;C /C/BA 4?BCA? @7:B;!C?B @B';!CA 9C @ @ C @B7B;C C @7;C /C*B B?A:C@ B?B; C C 8BC?BA9B?;8@ C /C 8BCLawyer A?BCB 7 4?A*B9CA 9C'@::C1BC7 ;@9B?B9C/ ?C 41:@7A @ 2:0,AA? B:395 BB/41@B7@-.?

E D I T O R ’ SM E S S A G EE d C o m e y - L a w C l e r k t o U. S . B a n k r u p t c y Ju d g e M i c h a e l G. Wi l l i a m s o nDoing Our Part to Preserve DemocracyWhat do you call 120 lawyers volunteering for Law Week and morethan 165 volunteering for Read to Dream? A good start.Idon’t know about you, but I can’t stand lawyerjokes. It’s not because I don’t have a sense ofhumor. I do. In fact, that’s why I don’t like them.They’re never funny or clever, certainly not asfunny or clever as the amateur comedians tellingthem think they are. Perhaps my least favorite is this one:“What do you call 5,000 lawyers at the bottom of theocean? A good start!”I thought about that joke over the Fourth of Julyweekend. Bear with me while I try to connect the two.As I was making Fourth of July plans, it occurred to methat I don’t do a goodenough job of instilling inmy daughters an appreciation for the freedoms thatwe enjoy. So I thoughtabout how I could explainto a three-year-old andfive-year-old the rolevarious people have playedin gaining and securingour freedom.Of course, any discussion has to start with thefounding fathers. And thenthere are the brave menand women who haveserved in our military. In fact, I originally set out to writethis Editor’s Message about how the freedom we enjoytoday has been paid for with the blood and sacrifice ofthose who have served and continue to serve in our armedforces. Although it’s something I’ve written about —though inartfully — in past issues, it can’t be stated enough.But what about lawyers?Lawyers probably aren’t going to make your Top 10 listof people to remember on the Fourth of July. Hear meout, though. As I was doing the final edits of the Lawyer,I read John Kynes’ Executive Director’s Message, where0,AA? B:395 BB/41@B7@-.? he reported on the success of the HCBA’s Law Week.More than 120 HCBA lawyers volunteered to educate morethan 3,900 elementary school students about this year’stheme — “The Fourteenth Amendment: TransformingAmerican Democracy.”In our last issue, Tiffany Love McElheran, in writingmore fully about Law Week’s success, quoted Franklin D.Roosevelt on the importance of democracy and the roleeducation plays in safeguarding it:“Democracy cannot succeed unless those who expresstheir choice are prepared to choose wisely. The realsafeguard of democracy,therefore, is education.”Theideathateducation is the realsafeguard of democracywas on my mind when Iread Kevin McLaughlin’soutgoingPresident’sMessage on the successof the Read to Dreaminitiative.Morethan165lawyers volunteered morethan 200 hours readingto at-risk elementaryschool students. As Kevinnotes, studies show children who read regularly go on tobecome more productive citizens. It occurred to me thatby helping kids learn to read and become more productivecitizens, our HCBA lawyers are doing their part topreserve the freedom and democracy we celebrate everyFourth of July.So I’ve come up with my own variation on the joke Idetest. It’s not funny. But it does have the benefit of beingtrue: What do you call 120 lawyers volunteering for LawWeek and more than 165 volunteering for Read toDream? A good start.

H C B AP R E S I D E N T ’ SM E S S A G EK e v i n M c L a u g h l i n - W a g n e r M c L a u g h l i n , P. A .A Dream Come True:The Young Readers InitiativeI am proud to report that lawyers volunteered 208 hours reading to167 children in six elementary schools.My first article of the year focused onthe Read to Dream program, whichwas the brainchild of the late JohnGermany. The idea was simple: starta program whereby lawyers wouldspend about an hour a week simply reading to elementaryschool children. The hope was that exposure to literatureat a young age would foster a lifelong love of reading.Studies have shown that children who read regularly dobetter in school, go on to work in higher paying jobs, andare generally more productive citizens. It was for thisreason that Mr. Germany wanted the program to targetelementary schools with high populations of poor anddisadvantaged children. The program featured an eightweek session in the fall and a second eight-week session inthe spring. I am happy to report that the program met andexceeded expectations by every measure.7 *;62&B 8' 2 B 2 8 &B ( B 6% )B A B & B A ? ;B A %*286'@ 62&B8;B #; B *2B(8)B6))8) 6; B 8 (B ( B 6&B *B 2 6%B ;8 86 8 B ( 6 62&B8)B 2 ) ; &B6;;#6'' B B ( B 2 )8& ; B *B6B% % 2B (*B(6) ;B8;) 2#% ; 6'B8;B( ' 8; B(8%B B(8)B ;#2 Continued on page 50,AA? B:395 BB/41@B7@-.?

H C B AP R E S I D E N T ’ SM E S S A G EK e v i n M c L a u g h l i n - W a g n e r M c L a u g h l i n , P. A .Continued from page 4While the HCBA enthusiastically participated in andsupported the program, the real credit for the successof the program goes to Mr. Germany’s daughters,Lindsay Robbins and Jan Gruetzmacher; his son-in-law,Jim Robbins of Hill Ward Henderson; and his longtimefriend, Leonard Gilbert of Holland & Knight. Workingin partnership with Lorie Tonti of the TampaHillsborough County Public Library and theHillsborough County Public Schools, these individualscreated the program from the ground up and workedtirelessly to make Mr. Germany’s dream a reality.The program began at Booker T. Washington, JustElementary, and West Tampa Elementary. Theseschools were chosen because 99 percent of the studentsare living below the poverty level and are struggling withreading aptitude (compared to students at otherschools). The children selected to participate in theprogram were specifically targeted due to the high riskof falling behind their classmates in reading ability.By the spring semester, the scope of the programwas doubled when it expanded to include BrowardElementary, Graham Elementary, and EdisonElementary. Like their peers at the original schools, thechildren at these schools faced the same financial andeducational challenges. The fact that the school systemwas so eager to expand the program so quickly speaksvolumes about its efficacy and the immediate, positiveimpact the program is having on the children.I was truly moved by the enthusiastic support from themembers of the HCBA. This program could not haveworked if lawyers were not willing to put their busy livesand practices on hold for the betterment of others. Iwould be remiss if I did not recognize the law firms andvoluntary bar associations that put together reader teams.In no particular order, they are: Holland & Knight; HillWard Henderson; Trenam Law; Bush Ross; Burr &Forman; Thompson, Sizemore, Gonzalez & Hearing;Carlton Fields; Wagner McLaughlin; the HillsboroughAssociation for Women Lawyers; the George EdgecombBar Association; the Tampa Hispanic Bar Association;the YLD of the HCBA; and the HCBA Board ofDirectors. Mr. Germany knew that if he could show us4#22 ; B 2 )8& ; B *2&*;B/8''B2 * ;8 &B %% &86 B 6) B 2 )8& ; 8;B A 76# ('8;B *2B (8)B ;#2 B 6 B ( B ;) 6''6 8*;B * B 8 2)B 82 *2)B8;B #; the way to make a change in a child’s life, there would beno shortage of volunteers from the legal community, andas usual, he was right.I am proud to report that lawyers volunteered 208hours reading to 167 children in six elementary schools.The program gave those children a total of 557 books totake home. The children were encouraged not only toread their new books on their own, but also to read withtheir parents, siblings, and friends, with the hope that theour young readers will themselves pay it forward byfostering and encouraging a love of reading in others. Ihad the pleasure of seeing firsthand how Mr. Germany’sdream is being realized; even now, he is changing lives andwe all owe him a debt of gratitude for daring to dream.Writing this article is my final act as your President, andI must again express my thanks to all of you for yourunwavering support and for allowing me to lead the bestbar association in the country. I am truly humbled and willbe forever grateful. Several people have recentlycommented to me that as immediate past president, I havethe best job in the HCBA, but they are wrong, the best jobnow belongs to Gordon Hill. When I joined the HCBAover twenty years ago, the idea of serving as presidentseemed like an impossible dream, but as Mr. Germanywould tell you, dreams can come true. Thank you.Mark your calendars now for the first Membership Luncheon ofthe new Bar Year — Sept. 20 at the Hilton Tampa Downtown.0,AA? B:395 BB/41@B7@-.? !

Y L DP R E S I D E N T ’ SM E S S A G EH . W e b M e l t o n , I I I - B u s h R o s s , P. A .A Time For ThanksOur success is rooted in our membership and the supportof all the dedicated young lawyers that lead and participate.Trecognize the committee chairs: Don Greiwe, Haroldhe YLD’s theme for the 2016-2017 BarHolder, Stephanie Generotti, Dane Heptner, Tomyear was Get Connected, Get Involved!Curran, Yolyvee Gordon, Lyndsey Siara, Zachary Bayne,I am happy to report that we accomplishedAndrew Smith, Ty Lindsey, Tiffany McElheran, Robynthat goal, and I look forward to the YLDBonivich, and Melissa Gonzalez. Each one of themcontinuing to expand, grow, lead andworked diligently to make each and every one of ourmake a difference in our profession and our community.events a success.Last year we saw both aNone of our successsubstantial growth in ourwould have been possiblesocial media following andwithout the amazing HCBAimprovement in how westaff. John Kynes hascommunicated with ourproven to be an outstandingmembers. In addition, afterexecutive director, andsoliciting feedback fromLaurie Rideout has beenparticipants and younga tremendous asset as thelawyers, we worked diligentlystaff liaison to our board.to improve the quality of ourAlso, Stacy Williams hasprograms. Almost all of ourbeen responsible for muchevents, happy hours, lunches,of our increased socialcommunity initiatives, andmedia presence. She, alongother endeavors had record %% &86 B 6) B.7 B 2 )8& ; B- BA ' *;B B.7 B 2 )8& ; with the entire bar staff,participation and success.?' B 6)*;B-(8 %*2 B6;&B.7 B 2 )8& ; BA '8))6BA*26B6 has been instrumental inThis success is rooted in ( B ;) 6''6 8*;B* B 8 2)B6;&B 82 *2)B*;B #; B working and advancingour membership and theour social media andsupport of all the dedicatedcommunications platform, as well as courting sponsors.young lawyers that lead and participate.I would also like to especially thank Chief JudgeThis year was a success because of the hard work ofFicarrotta and the judiciary for their constant supporthundreds. I would like to specifically thank the YLDand guidance they provide to the young lawyers. Theboard of directors: Traci Koster, Drew McCulloch, MajaHCBA and the YLD has a very unique relationship withLacevic, Amy Nath, Alex Palermo, Adam Fernandez,our judiciary. The presence of Judge Ficarrotta andColleen O’Brien, Jason Whittemore, Jeff Wilcox, Melissaother judges at our events, and the eagerness with whichMora, Brett Metcalf, Katelyn Desrosiers, Laura Tannerthe members of the judiciary volunteer to help the YLDand Judge Samantha Ward, our judicial liaison. Theseand its members, played a significant role in our success.volunteer board members are the true backbone of theWe are forever grateful to the fine Hillsborough CountyYLD. Their hard work and dedication is worthy of praise.judiciary for the role they play in the lives andI also would like to thank all our committee chairs anddevelopment of young lawyers.committee members who helped to make our events sosuccessful. While I do not have space to thank everyContinued on page 7young lawyer who made a difference, I would like to"0,AA? B:395 BB/41@B7@-.?

Y L DP R E S I D E N T ’ SM E S S A G EH . W e b M e l t o n , I I I - B u s h R o s s , P. A .Continued from page 6Lastly, I would like to thank Kevin McLaughlin, theimmediate past president of the HCBA, and the entireHCBA board for their support of the YLD. Theirleadership and support truly allowed the YLD to thrivethis year.It has been a great year. I am honored that I was ableto serve as the YLD president, and I look forward tocontinuing my service on the YLD board of directorsnext year. I am confident my successor, Melissa Mora,will have an outstanding year. In addition to Melissa, theboard of directors for the coming year is an outstandinggroup of individuals who will only continue to buildon the success of their predecessors. I am truly excitedfor the upcoming year, and I would again encourageevery young lawyer to continue to Get Connected andGet Involved!YLD Judicial Appreciation LuncheonThe Young Lawyers Division hosted a Judicial Appreciation Luncheon on May 3, and thanked themembers of the judiciary in attendance for their support andguidance. As the last YLD luncheon of the Bar year, the YLDalso thanked Web Melton III for his service as president for thepast year. The YLD would like to thank the luncheon’s sponsor:0,AA? B:395 BB/41@B7@-.? 5

E X E C U T I V ED I R E C T O R ’ SM E S S A G EJ o h n F. K y n e s - H i l l s b o r o u g h C o u n t y B a r A s s o c i a t i o n2017 Liberty Bell Award Goes to USF’s ErinKimmerle; Law Day Luncheon CelebrationMarks End to Banner Year“As long as the world shall last, there will be wrongs, and if no manobjected and no man rebelled, those wrongs would last forever.”—Attorney Clarence DarrowAll the boys who lived at the school called it the “White House.”It was a small white building on the pastoral grounds of the state-run DozierSchool for Boys in the Florida panhandle town of Marianna.Tragically, it was inside the White House where, for decades, hundreds ofboys at the reform school, which closed in 2011, would endure severe beatingsand abuse at the hands of the school’s staff.In recent years, members of a victim’s group called the White House Boyshave come forward and shared stories of physical and sexual abuse, as well asof suspicious deaths, that occurred while they lived at Dozier.The details are so horrific the Florida Legislature this past spring feltcompelled to offer a formal apology to the victims and their families, callingwhat happened at Dozier, which opened in 1900, a violation of “fundamentalhuman decency.”Florida House Speaker Richard Corcoran, a Republican from Land O’Lakes,stated it was “one of blackest moments on our [state’s] history.”Dr. Erin Kimmerle, a forensic anthropologist from the University of SouthFlorida, was one of the key figures in the investigation of the school.Continued on page 9 A62 B1# ''B 8 (B 2 B?28;B 8%% 2' B ( B:395B78 2 B1 ''B@ 62&B 8;; 20,AA? B:395 BB/41@B7@-.?

E X E C U T I V ED I R E C T O R ’ SM E S S A G EJ o h n F. K y n e s - H i l l s b o r o u g h C o u n t y B a r A s s o c i a t i o nthe HCBA’s Law Week Committee, which wasco-chaired by Amy Nath, Maja Lacevic, andFacing threats and intense pressure from local officialsAlexandra Palermo.and residents who wanted to avoid any negative pressThe national Law Day theme the ABA selected thisabout Dozier, Kimmerle in 2012 led a group ofyear was: “The Fourteenth Amendment: Transformingresearchers who systematically mapped out a cemeteryAmerican Democracy.”and identified 55 grave sites on the school grounds,And Dane Heptner, incoming co-chair of thethough there were only official records for 24 burials.committee, reported that 120 HCBA volunteer lawyersFor her extraordinary work in the investigation tohelped lead mock trials, courthouse tours, and classroomdiscover the truth about what happened at Dozier, thediscussions this past March.HCBA named Kimmerle the 2017 Liberty Bell AwardMore than 3,900 local students were involved inwinner, which was announcedLaw Week activities this year,at the annual Law Day Memincluding the art contest,bership Luncheon this pastHeptner added. (See photosMay at the Hilton Downtown.from the Law Day luncheonThe Liberty Bell Award hason page 36.)been presented annually by* * *the HCBA since 1964 and isMeantime, the luncheonintended to honor a citizenalso marked the unofficialwho does not practice law butend to the 2016-17 Bar year.who has worked tirelessly toAnd under the outstandingpreserve and strengthen ourleadership of President Kevinsystem of justice.McLaughlin and the HCBA“Dr. Kimmerle is a localBoard, there’s no doubt ittreasure,” said Mark Buell ofhas been an exciting andBuell & Elligett, who introducedeventful year.her at the luncheon and wasFrom the successful launchpart of a group that nominatedof the Read to Dreamher for the award.Initiative involving volunteerBuell told the crowdlawyers reading in local:39" :395B/41@B 2 )8& ; B 8;BA 76# ('8;Kimmerle’s work “has promotedschools; all the membershipgreater respect for the law and a deeper sense ofluncheons; the annual Bench Bar Conference; theindividual responsibility . that citizens recognize theHoliday Open House; all the HCBA’s diversity events;duty of their state to come clean about actual facts fromthe HCBA Pig Roast and 5K Pro Bono River Run; andan embarrassing period during our state’s history.”the Bar Foundation’s Law & Liberty Dinner, there wasIn accepting the award, Kimmerle said she wassomething for everyone.“humbled, honored, and grateful.”And that does not even include all the otherKimmerle said her work in the investigation wasoutstanding CLE programs, as well as all the successful“challenging, heartbreaking, but, at the same time,events put on by the HCBA’s superb Young Lawyersincredibly rewarding.”Division, which was ably led by Web Melton.She concluded by quoting the celebrated AmericanLooking ahead, I’m confident incoming Presidentlawyer, Clarence Darrow: “As long as the world shall last,Gordon Hill will continue the good work that has helpedthere will be wrongs, and if no man objected and no manmake the HCBA the wonderful organization it is todayrebelled, those wrongs would last forever.”as he leads the HCBA in 2017-18.Here’s hoping everyone has a great rest of the summer.* * *The Law Day Luncheon also provided anSee you around the Chet.opportunity to highlight the outstanding work ofContinued from page 8Make sure your member profile is up-to-date! Log onto hillsbar.com.0,AA? B:395 BB/41@B7@-.?

F R O MT H ES T A T EA T T O R N E YAn d re w H. Wa r re n - S t at e At t o r n ey fo r t h e T h i r t e e n t h Ju d i c i a l Ci rc u i tA Reflection on our First Monthsof Criminal Justice ReformBuilding a safer community while promoting justice andfairness has required new approaches and concrete changes.We have accomplished a lot at theState Attorney’s Office during thefirst months of 2017, but we are justgetting started. From enhancingpublic safety and improving juvenilejustice to expanding diversion programs and increasingcommunity engagement, we have set ambitious goals. I ampleased to share with you our progress, highlighting thechanges we have made and the steps we have takentowards fulfilling our mission:Building a safer community while promoting justiceand fairness has required new approaches and concretechanges. To respond tothe unique needs of ourcommunity, we musthear everyone’s voice.So we embarked ona 60-day ListeningTour, meeting with thestakeholders in ourcriminal justice systemto discuss necessarychanges and how best toaddress the challengesahead. We met withcommunity leaders, lawenforcement agencies,judges and court personnel, criminal defenseattorneys, the PublicDefender’s Office, andthird-party agencies that work closely with the StateAttorney’s Office. The constructive conversationsgenerated feedback on issues ranging from chargingdecisions and plea negotiations to diversion programs andoperational efficiencies. You spoke, and we listened.To build trust with our community, we regularly meetwith the community through quarterly Community93Workshops, which are open to the public and streamedlive on our Facebook page. These workshops engage ourcommunity with candid dialogue and transparencyregarding the policies we implement and the decisions wemake, while also giving residents a platform to raise issuesand share ideas.There is no substitute for enlisting others in a sharedvision for the future. We restructured our office and hiredkey personnel to carry out the office’s vision and mission.Our newly created Chief of Policy and Communicationoversees policy initiatives, communication, andcommunity outreach. Likewise, our new Chief of Staffoversees the complexadministration of ouroffice and handleslegislative affairs tomake sure that ourcommunity’s needs areheard in Tallahassee.We realigned the officeto incentivize hardwork, critical thinking,and problem-solving,and we have elevatedthe status of ourProblem Solving Courts:theDrugCourt,Veterans Court, and thebrand new MentalHealth Court.We are finding smartalternatives to prison for first-time, non-violent, andjuvenile offenders to more efficiently use your tax dollarsand reduce recidivism. For example, in my first few weeksin office, we declined to prosecute members of Food NotBombs for feeding the homeless in a city park. ProsecutingContinued on page 110,AA? B:395 BB/41@B7@-.?

F R O MT H ES T A T EA T T O R N E YAn d re w H. Wa r re n - S t at e At t o r n ey fo r t h e T h i r t e e n t h Ju d i c i a l Ci rc u i tContinued from page 10people for charitable work does not further our missionand would have been an inefficient use of our resources.We have also partnered with the Hillsborough CountySheriff ’s Office on several resource-intensive operationsthat resulted in numerous arrests, as well as the seizureof large quantities of firearms, drugs, and cash. Weworked with local law enforcement agencies to reviewtheir Use of Deadly Force Policies, to ensure theypromoted best practices such as prohibiting shooting atmoving vehicles, rendering first aid, and proportionalresponse. To improve juvenile justice, we have takenaction to reduce the number of juveniles charged asadults, and we have worked to expand the pilot programfor civil citations for misdemeanor marijuana possession,making it a permanent policy throughout the county.Day by day, we are doing our part to form a moreperfect union by striving to promote justice here in ourcommunity. I am excited about the progress that wehave already made and even more excited for ourjourney ahead.NEW ADMITTEE SWEARING-IN CEREMONYThe HCBA hosted a swearing-in ceremony for new admittees to The Florida Bar on April 13 at the GeorgeEdgecomb Courthouse. HCBA president-elect Gordon Hill and YLD president Web Melton III spoke to the newlawyers about the benefits of joining the HCBA, and Judge Christopher Nash discussed the importance ofprofessionalism as they embark on theirnew careers. Congratulations to all thatwere sworn in! The HCBA would like tothank the ceremony’s sponsor:0,AA? B:395 BB/41@B7@-.? 99

F R O M T H E T H I R T E E N T H J U D I C I A L C I R C U I T C H I E F J U D G EJudge Ronald Ficarrotta – Chief Judge for the Thirteenth Judicial CircuitPositive Outcomes for Our ChildrenThe dependency divisions perform the difficult case work manypeople cannot bear to hear, and I am thankful for their efforts.As I mentioned in my last article, I amshining a spotlight on the good workbeing done in the Thirteenth JudicialCircuit Court. Our specialty courtprograms combine resources, innovation,and inspiration to provide essential services to thosewho need it most. When I thinkof the vulnerable and those mostdeserving of resources, whatcomes to my mind first andforemost are the children ofHillsborough County.I am very proud of ourDependency Divisions, whichare led with compassion anddevotion by AdministrativeJudge Katherine Essrig. JudgeEssrig was recently honored withthe Luminary Award by theJunior League of Tampa for hertireless efforts in establishingservices and programming forthe children and families ofHillsborough County. Shepresides over the Circuit’svarious dependency divisionswith Judges Emily Peacock,Caroline Tesche Arkin, LauraWard, Kimberly Vance, and Robert Bauman.Judge Essrig presides over the Juvenile DependencySpecialty Division, which is home to many innovativeprograms: The “Adoptions Needed Now Project,” which worksto expedite adoptions f

ask-a-lawyer volunteers 25 lincoln award presented to sheila norman and construction section luncheon/cle 31 criminal law section recognizes brian albritton 32 law & liberty dinner 36 2017 law day membership luncheon 47 health care law luncheon/cle 51 marital & family law luncheo