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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.
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March 10, 2010

--Judiciary--


QUINCE WANTS PART OF SURPLUS TO EASE BACKLOG-- Daily Business Review, http://www.dailybusinessreview.com, March 10, 2010. (The link will be added later today)
Florida Supreme Court Chief Justice Peggy Quince wants the Legislature to protect justice system funding and allow the courts to use money they generated from user fees to clear a backlog of foreclosure cases. The courts as the third branch of government should be left out of a 10 percent budget cut that state agencies have been asked to draft, she argued Tuesday [March 9]. She is shooting for at least $10 million from a $134 million surplus projected in a year-old court trust fund to be released to courts. Quince’s wish list includes 90 new circuit and county court judges statewide, but the Legislature hasn’t agreed to fund any new judgeships in four years. According to statistics supplied by the court, Florida has 4.5 judges for every 100,000 people, well below the national average of 7.3.

COUNTY JUDGE SEES 1ST RIVAL IN 23 YEARS-- Key West Citizen, http://keysnews.com, March 10, 2010.
Longtime Monroe County Judge William Reagan Ptomey Jr., who has run unopposed for the past 23 years, is facing a newcomer in the 2010 race for the bench in Tavernier. Assistant State Attorney Demetrios Efstratiou, 35, on Monday [March 8] filed for the Group 3 bench that has been held by Ptomey since 1987. Efstratiou, a 2002 graduate of Georgetown University Law School, has been with the State Attorney's Office for the past seven years. He said he decided it was time to give residents a choice.

FLORIDA SUPREME COURT CHIEF TO SPEAK AT LEGAL SERVICES EVENT IN MIAMI-- Miami Herald, http://www.miamiherald.com, March 10, 2010.
Chief Justice Peggy A. Quince is a guest speaker at a Legal Services of Greater Miami shindig. The nonprofit provides legal assistance -- in civil cases such as foreclosures and IRS disputes -- for low-income folks in Miami-Dade and Monroe counties. The reception is from 6:30 to 9 p.m. at The Margulies Collection at the Warehouse, 591 NW 27th St. The Legal Services event is open to the public, too.

--Legal Profession--

DELTONA HIRES CITY ATTORNEY-- Daytona Beach News-Journal, http://www.news-journalonline.com, March 10, 2010.
Eight months after firing its last staff attorney, the City Commission hired its second choice on Tuesday [March 9]. Commissioners voted 7-0 on a contract that would pay Gary Cooney, a Lake County attorney, $132,500 annually. Cooney has been a partner in a local government, land use and real estate firm for the past three years.

FLORIDA INTERNATIONAL UNIVERSITY HOSTS FREE FORUM ON HOUSING CRISIS-- Miami Herald, http://www.miamiherald.com, March 10, 2010.
Lawyers will be on hand to answer questions at a free forum on the housing crisis Saturday [March 13] at Florida International University. The Florida attorney general's office and the Florida InterAgency Mortgage Task Force are hosting a forum from 10 a.m. to 2 p.m.

--Legislature--

IS TEXTING BAN AROUND THE BEND?-- Central Florida News 13,http://www.cfnews13.com, March 10, 2010.
Sending text messages while operating a motor vehicle could be made illegal by the time the Florida legislative session wraps up April 30. A House committee is scheduled to consider the latest proposed bill Wednesday [March 10] that would make texting behind the wheel a “secondary offense.” That means a police officer would not be able to pull over a driver solely for texting, and would need another reason to stop them before adding the texting citation. Including Florida, 23 U.S. states have considered banning texting this year. While 10 states merely restrict texting for teenage or novice drivers, Florida would become the 20th state prohibiting it for all drivers.

LET PARENT DECIDE ON KID'S RISKY ACTIVITIES-- Bradenton Herald,Editorial, http://www.bradenton.com, March 10, 2010.
Both the U.S. and Florida constitutions give parents a fundamental right to make choices in raising their children. A Florida Supreme Court majority took a bite out of that right 15 months ago when it ruled parents couldn't waive their children's civil-lawsuit rights before they participate in potentially dangerous activities. Some of those businesses might turn away kids rather than face frivolous lawsuits or unaffordable insurance. Others geared toward kids might close. Waivers permitted under a bill from Republican Rep. Mike Horner of Kissimmee wouldn’t get businesses off the hook for intentional misconduct — knowingly doing something that would likely cause injury to a child. The waivers wouldn’t excuse gross negligence — a conscious disregard for child safety. Businesses that ignore safety would remain at considerable legal and financial risk.

--Civil Justice Issues--

FIGHT OVER BEACH ACCESS COULD GO TO SUPREME COURT-- ABC Channel 7 Lee County, http://www.abc-7.com, March 10, 2010.
Vandals struck Moraya Bay overnight, possibly in retaliation for blocking off a portion of the beach for 'members only.' Collier County Commissioners took up the issue in a public meeting Tuesday [March 9] and made a decision that could mean the battle will go all the way to the U.S. Supreme Court. But these residents aren't the only ones angry over Moraya Bay's move to privatize part of Vanderbilt Beach. Commissioners fear if Moraya Bay is allowed, other condos and hotels will too. "This is the first time I can honestly tell a client you have an issue that may go to the U.S. Supreme Court," said Jeffrey Klatzkow, Collier County attorney. A trip Collier County leaders are willing to take if it means possibly saving the public beach.

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