Daily News Summary
An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department. Electronic links are only active in today's edition. For information on previous articles, please contact the publishing newspaper directly.
Feb. 8, 2012
--Judiciary--
CAPE ATTORNEY APPOINTED TO TWENTIETH JUDICIAL CIRCUIT COURT-- Ft. Myers News-Press, http://www.news-press.com, Feb. 8, 2012.
Gov. Rick Scott announced Tuesday [Feb. 7] the appointment of Amy R. Hawthorne, of Cape Coral, to the Twentieth Judicial Circuit Court. Hawthorne, 49, has been a sole practitioner since 1998 and served as an assistant public defender with the Office of the Public Defender for the Twentieth Judicial Circuit from 1993 to 1998. In 1993, she was an associate attorney with Bill Powell P.A. She served as a general civil magistrate for the Twentieth Judicial Circuit from 2010 to 2011 and an alternate special master for the City of Cape Coral from 2003 to 2005.
JUDGES JUGGLE DEMANDING CASELOADS-- Crestview News Bulletin, http://www.crestviewbulletin.com, Feb. 8, 2012.
The addition of a new circuit judge seat in Crestview and implementation of a program aimed at streamlining cases involving families are among changes made last year in Okaloosa County to help offset bloated caseloads experienced by judges. Stagnant population growth in Escambia County prompted the January 2011 transfer of a First Judicial Circuit judge seat from there to Crestview, which experienced a 42 percent growth in population from 2000 to 2010, according to U.S. Census figures. "This is the first time ever there were two sitting circuit judges in the north end of the county," Circuit Judge Terry Ketchel said.
--Legislature--
PERSONAL INJURY PROTECTION INSURANCE FRAUD LAW REWORKED-- The Tampa Tribune, http://www2.tbo.com, Feb. 8, 2012.
A Hillsborough County ordinance aimed at curbing the growing problem of staged-accident fraud is being reworked in the face of a lawsuit challenging the law's constitutionality. County commissioners passed the ordinance in September in an effort to close down phony medical clinics that allow the financial payoff for staged accidents. "Victims" of these bogus fender-benders go to the clinics for medical treatment that is never administered. Then the clinics bill insurance companies up to $10,000 a patient, the maximum allowed under Florida's personal injury protection insurance. Hillsborough County has become a hotbed for this type of fraud, law enforcement agencies say. But the new law unfairly punished legitimate clinics with stringent, unnecessary regulations, according to attorney Luke Lirot, who filed the lawsuit on behalf of five health care or therapy clinics. Lirot and county attorneys have since been negotiating changes they hope will alleviate the clinic owners' concerns without dulling the law's regulatory teeth.
PRIVATIZATION OF PRISONS WOULD DIE IN SHOWDOWN-- Florida Capital News, http://www.floridacapitalnews.com, Feb. 8, 2012.
Senate President Mike Haridopolos said Tuesday [Feb. 7] a hotly debated plan to privatize prisons in 18 South Florida counties would die in a tie vote, if he allowed a showdown on it now. That's why he's letting the issue languish on second reading on the Senate calendar until at least next week. Meanwhile, Gov. Rick Scott and other proponents will try to pry loose at least one vote by emphasizing the "water balloon process" of the budget —any impact on one point must ripple through everything else. In this case, lawmakers must save $16.4 million — and maybe twice as much — by privatizing nearly 30 prisons in South Florida, or pump the savings out of other painful parts of the pending $69 billion-plus state budget.
VOTERS KEY IN FLORIDA REDISTRICTING-- Bradenton Herald, column, http://www.bradenton.com, Feb. 8, 2012.
The column by Rep. Will Weatherford states: "Once every 10 years, the Florida Legislature is required to redraw maps for the House, Senate and congressional districts. Whether the effort was led by Democrats or Republicans, the result was always the same: Maps were drawn that took into account the wishes of incumbents. It was a perfectly legal and generally tolerated practice - until this year. As a result of two constitutional amendments passed by a super majority of voters in Florida, the Legislature was given new guidelines for drawing maps. Floridians spoke loud and clear. The first requirement approved was to ensure districts preserved the right of minorities to participate equally in the political process. Voters asked us to produce maps which did not favor incumbents, but were drawn more compact. They also asked, where feasible, for us to use existing city, county, and geographical boundaries. As the chair of the House Redistricting effort, we undertook a deliberate effort to include Floridians in the new process. From offering free mapping software to conducting public meetings around the state, we sought the input of the people of Florida."
--Civil Justice Issues--
FLORIDA EXPECTED TO JOIN IN FORECLOSURE SETTLEMENT-- St. Petersburg Times, http://www.tampabay.com, Feb. 8, 2012. [Also: MORE U.S. STATES TO JOIN FORECLOSURE-ABUSE DEAL-- Bradenton Herald, http://www.bradenton.com, Feb. 8, 2012.]
Florida, Arizona and Michigan, three of the states hit hardest by the housing crisis, will join a nationwide settlement over foreclosure abuses, officials with direct knowledge say. They will join more than 40 other states in approving a deal that would benefit many Americans who lost their homes or can't afford their mortgages. The three states' involvement buoys hopes that a full 50-state deal is imminent with the nation's five biggest mortgage lenders — Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial. Florida officials say they are still in discussions. Attorney General Pam Bondi "remains engaged in the settlement discussions in order to ensure that Floridians receive their fair share in the agreement," she said in a statement.
--Criminal Justice Issues--
DEATH ROW INMATE'S ATTORNEY TELLS FLORIDA SUPREME COURT HE SHOULD BE SPARED BECAUSE OF NEW EVIDENCE-- St. Augustine Record, http://staugustine.com, Feb. 8, 2012.
A man set to be executed next week should be spared because of newly discovered evidence, his attorney told the Florida Supreme Court on Tuesday [Feb. 7]. Robert Waterhouse, 65, was sent to Death Row for the rape and murder of a 29-year-old woman in St. Petersburg in January 1980. Gov. Rick Scott already has signed a death warrant and Waterhouse is scheduled to be put to death next Wednesday [Feb. 15]. Robert Norgard, Waterhouse’s lawyer, tried to convince the justices that a lower court judge was wrong when he found a new witness in the case to be not believable. That person came forward recently to claim he saw Waterhouse leaving a bar with two men and not with the victim on the night she was killed. It was not clear Tuesday when the court is expected to rule. In any case, Norgard said he likely will file additional challenges in federal district court and the U.S. Supreme Court.
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[Revised: 02-08-2012]




