News and Events
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.
Nov. 24, 2008
--Legal Profession--
BUDGET CUTS HIT PUBLIC DEFENDER-- Tallahassee Democrat, http://www.tallahassee.com, Nov. 24, 2008.
The public defender for the 2nd Judicial Circuit may decide next month to stop representing defendants in some misdemeanor and traffic cases, depending on whether more is cut from the office's budget. Public Defender Nancy Daniels says her office saw an 8.5-percent cut from last fiscal year to the present one. Another 2-percent reduction happened this fiscal year. Meanwhile, case loads are increasing. Right now, the four assistant public defenders assigned to County Court have a case load each of 250 cases or more — a jump of 30 percent over the past couple of years. Daniels said the situation is the worst she's seen in 18 years of service.
BAD TIMES ARE GOOD TIMES FOR RECEIVERS-- Daily Business Review, http://www.dailybusinessreview.com, Nov. 24, 2008.
The 100 or so lawyers, accountants and bankers at Miami's Bankers Club Tuesday night [Nov. 18] seemed to be a congenial assembly of professionals, but in reality, the gathering represented another sign that the economic storm is far from dissipating. Most were there to learn how to become court-appointed receivers. The attorneys hope to become an arm of the court, taking over troubled companies rocked by federal or state litigation, recouping investments from elaborate Ponzi schemes or bailing out condo developments in the dismal housing market.
LAWYER HELPS STUDENTS REMEMBER THE HOLOCAUST-- Sun-Sentinel, http://sun-sentinel.com, Nov. 24, 2008.
For many years, those in deep legal trouble have sought the counsel of criminal defense attorney Scott Richardson. The slender, bespectacled 55-year-old looks the part of a cerebral barrister. A fortuitous coincidence, since someday he'd love to be in a law school classroom, sharing his knowledge full time. So when Richardson read about an opportunity to be a visiting law professor in eastern Europe and the former Soviet Union he saw the chance to meld his two great interests — the law and history. He returned Sunday [Nov. 23] from his third assignment with the Center for International Legal Studies, this time to Siberia. Through his travels to lesser-known sites of the Holocaust's atrocities, Richardson put together a program he presents to Palm Beach County high school students enrolled in a Holocaust studies course.
--Civil Justice Issues--
STATE'S OPEN RECORDS LAWS OFTEN VIOLATED-- The Florida Times-Union, http://www.jacksonville.com, Nov. 22, 2008. [Also: JEFFERSON COUNTY SUPERINTENDENT TRACKS DOWN REPORTER WHO MADE PUBLIC RECORDS REQUEST-- Tallahassee Democrat, http://www.tallahassee.com, Nov. 22, 2008; FLORIDA OPEN RECORDS LAW OFTEN VIOLATED, MEDIA STUDY FINDS-- Daytona Beach News-Journal, http://www.news-journalonline.com, Nov. 22, 2008; PUBLIC RECORDS CAN BE ELUSIVE-- Florida Keys News, http://www.keysnews.com, Nov. 23, 2008].
From The Florida Times-Union: When Gary Fineout went to the Clay County Sheriff's Office and asked for the sheriff's latest e-mail regarding the budget, the office requested Fineout's name and a telephone number. Two days later, he got a letter from the department's attorney saying no such record existed. Fineout's request, part of an audit organized by the Florida Society of Newspaper Editors, shows that many school districts, sheriff's offices and county administrative offices don't understand how they should respond to public records requests - even though the state constitution and law clearly requires access with minimal restrictions. Under Florida law, anyone can request a public record for any reason and expect to get it, no questions asked. In reality, what residents face are confused public employees and questions. FSNE sent reporters from Florida newspapers and The Associated Press, plus volunteers from Florida universities, to 56 of Florida's 67 counties. They walked into 163 school, administrative and sheriff's offices last month and asked for e-mails about the local budgets.
PUBLIC SAFETY NEEDS FUNDING-- Pensacola News Journal, column, http://www.pnj.com, Nov. 22, 2008.
The column by Florida Attorney General Bill McCollum states: "This week Florida lawmakers convened their bi-annual Organizational Session in Tallahassee to swear in new legislators, choose new presiding officers and begin preparing for the upcoming 111th Legislative Session this spring. . . . As our legislative and state leaders weigh critical and sometimes competing needs for our taxpayer dollars, I am confident they will take into consideration the overriding issue of public safety and make every effort to protect those areas that ensure Florida's families enjoy the security they demand and deserve."
--Criminal Justice Issues--
DEATH ROW INMATE DENIED APPEAL-- The Bradenton Herald, http://www.bradenton.com, Nov. 23, 2008.
A Florida inmate faces execution despite new revelations that the state prompted a trial witness to lie, according to a news release from the Death Penalty Information Center. Wayne Tompkins was to be executed in Florida on Oct. 28 but was granted a stay of execution to allow time for the state Supreme Court to review his case. Tompkins, 51, has been on Death Row since September 1985 for a March 1983 murder in Hillsborough County, according to information from the Florida Department of Corrections. On Nov. 7, the court denied Tompkins' appeal, even though the court acknowledged that a state witness, a jailhouse informant, admitted to providing false testimony at Tompkins’ original trial in 1985. Tompkins' stay of execution expired on Nov. 18.
FLORIDA DNA DATABASE INCREASINGLY IMPORTANT IN CRACKING CRIME-- Sun-Sentinel, http://www.sun-sentinel.com, Nov. 23, 2008.
Florida's CODIS, or Combined DNA Index System, has linked more felons' DNA samples to crime-scene evidence than any other comparable database in the nation, according to FBI statistics. Of FDLE's eight regional labs, Orlando's is the busiest, making 453 hits in the past fiscal year. However, the high-profile rapes and murders that grab headlines when they're solved by CODIS make up only a small percentage of the hits. From July 2007 through June 2008, 52 percent of the system's 2,328 hits linked felons' DNA to burglary scenes. Nineteen percent linked felons to sexual assaults, and 5 percent linked them to murders. Database officials say connecting felons to unsolved burglaries is important. Solving burglaries doesn't just prevent future thefts, they say -- it prevents more serious crimes.
--Other--
FRIENDS REMEMBER JUDGE VINCENT GIGLIO'S SOFT SIDE-- St. Petersburg Times, http://www.tampabay.com, Nov. 23, 2008. [Also: GIGLIO OBITUARY-- The Tampa Tribune, http://www.tbo.com, Nov. 24, 2008].
Friends and relatives described Vincent Giglio as a tough man with a stern demeanor. On the inside, however, "his was a heart of gold," said his daughter, Deborah. Giglio died Thursday [Nov. 20] at 74. He practiced law for 23 years and served as a judge for 12 years before retiring in 1996. He spent most his time in the juvenile division.
THINK CONDO INSURANCE IS OPTIONAL? THINK AGAIN, SAY EXPERTS, AS A NEW FLORIDA LAW IS ABOUT TO TAKE EFFECT-- Sarasota Herald-Tribune, http://www.heraldtribune.com, Nov. 24, 2008. [Also: CONDO LAW GETS BIG MAKEOVER-- Sarasota Herald-Tribune, column, http://www.heraldtribune.com, Nov. 23, 2008].
Several new Florida laws related to condominium insurance policies are slated to go into effect Jan. 1. The problem is they are essentially unworkable as currently written -- leaving many condo owners, community associations and insurance agents in a state of confusion about how to proceed. At issue is a bill passed during the last legislative session, one which was pushed in large part by condominium associations looking to deal with a particular problem: how to deal with condo units that became damaged or destroyed inside, but whose owners lacked homeowner's insurance policies to fix them. Under the new legislation, state law now appears to mandate all condominium owners in Florida to provide proof of homeowner's insurance. The way the new law was worded, however, created several problems that raised the alarm with associations and insurance companies as early as this past summer.
USED CAR RULE GETTING A BOOST-- The Miami Herald, http://www.miamiherald.com, Nov. 24, 2008. [Also: FLORIDA JOINS STATES URGING FTC TO STRENGTHEN "USED CAR RULE"-- Chipley Foster Folly News, http://www.fosterfollynews.com, Nov. 22, 2008].
From The Miami Herald: Florida Attorney General Bill McCollum has joined the attorneys general of 40 other states and territories to urge the Federal Trade Commission to strengthen the Used Car Rule. The rule requires that all used cars have a ''Buyer's Guide'' notice, which must say whether the vehicle comes with a warranty or is sold ''as is.'' McCollum said amending the Buyer's Guide to require listing of previous damage would help prevent fraud and omissions of material facts, including a used vehicle's damage, title and Lemon Law history.
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07-01-2005
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