Master List of Legislative Positions
Detailed below is the master list of legislative positions for the 2010-2012 Legislative Biennium, to date. The list contains all current positions of The Florida Bar, sections and committees.
I. FLORIDA BAR LEGISLATIVE POSITIONS
II. COMMITTEE LEGISLATIVE POSITIONS
III. SECTION LEGISLATIVE POSITIONS
IV. DIVISION LEGISLATIVE POSITIONS
I. FLORIDA BAR LEGISLATIVE POSITIONS
Consistent with official policy, all legislative positions of The Florida Bar and its committees for the 2008-10 biennium were formally sunset at the July 23, 2010 meeting of the Board of Governors of the Florida Bar. A new slate of positions for the 2010-12 legislative biennium with be developed shortly.
II. COMMITTEE LEGISLATIVE POSITIONS
Consistent with official policy, all legislative positions of The Florida Bar and its committees for the 2008-10 biennium were formally sunset at the July 23, 2010 meeting of the Board of Governors of the Florida Bar. A new slate of positions for the 2010-12 legislative biennium with be developed shortly.
III. SECTION LEGISLATIVE POSITIONS
Administrative Law Section
July 23, 2010
1. Opposes any amendment to Chapter 120, Florida Statutes, or other legislation to deny, limit or restrict points of entry to administrative proceedings under Chapter 120, Florida Statutes, by substantially affected persons.
2. Opposes exemptions or exceptions to the Administrative Procedure Act, but supports requiring that any exemption or exception that is enacted be included within Chapter 120, Florida Statutes.
3. Supports voluntary use of mediation to resolve matters in administrative proceedings under Chapter 120, Florida Statutes, and supports confidentiality of discussions in mediation; but opposes mandatory mediation and opposes imposition of involuntary penalties associated with mediation.
4. Opposes amendments to Chapter 120, Florida Statutes, or other legislation that limit, restrict, or penalize full participation in the administrative process without compelling justification.
5. Supports adequate funding of the Division of Administrative Hearings and other existing state administrative dispute resolution forums in order to ensure efficient resolution of administrative disputes.
Appellate Practice Law Section
July 23, 2010
1. Opposes amendment of Article V, Section 2(a) of the Florida Constitution that would alter the Supreme Court's authority to adopt rules for practice and procedure in all courts, or that would change the manner by which such rules may be repealed by the legislature.
2. Supports maintaining an independent judiciary.
3. Supports pay raises for appellate judges and support personnel consistent with the Supreme Court of Florida's budget requests.
July 23, 2010
1. Opposes legislation that would re-enact the Bulk Sales Act, Article 6 of the Uniform Commercial Code or similar legislation.
2. Supports adequate funding of the state courts system, state attorneys' offices, public defenders' offices, and court-appointed counsel.
3. Opposes legislation to impose income tax on limited liability companies and subchapter S corporations.
4. Supports legislation consistent with the Supreme Court of Florida’s certification of need for additional judges.
5. Supports Revised Article I of the Uniform Commercial Code, as developed by the National Conference of Commissioners on Uniform State Laws (NCCULS).
6. Supports Revised Model Trademark Act, Ch. 495, Florida Statutes.
7. Supports amendment to §222.25 F. S. providing an exemption from legal process of not to exceed $4,000 in personal property, provided a resident debtor does not claim or receive the benefits of a homestead exemption under Article X, Section 4 of the Florida Constitution.
8. Supports proposed technical, clarifying and modernizing revisions to Chapter 617 F. S. re not for profit corporations. The scope of such amendments includes changes to Ch. 617 that will conform that chapter to changes made in Ch. 607 re for profit corporations since 1990.
9. Supports legislation to update or modernize the assignment for benefit of creditors in Chapter 727, Florida Statutes.
10. Supports "glitch" amendments of a technical, corrective and clarifying nature to Florida Statutes Chapter 620 re Uniform Limited Partnership Act.
11. Supports the funding and allocation of appropriate and necessary resources to fund complex business litigation pilot projects in the 9th, 11th, 13th, and 15th judicial circuits, provided that pilot project funding is to be in addition to existing court funding.
12. Supports legislation to eliminate duplicate names among limited liability companies, paralleling existing Delaware corporate law: (1) providing that an LLC name not distinguishable from the name of an existing corporation or partnership without permission of the prior name holder not be permitted; (2) providing a "grandfather" clause that would permit existing names on record to remain; (3) applying to both domestic and foreign corporations; and (4) conforming the amendments to partnership and corporate statues.
13. Supports RPPTL position "supports limitation of creditor remedies against partner interest in general and limited liability partnerships and member interests in limited liability companies to charging liens and to prohibit foreclosure against such interests" provided that single member LLC's are eliminated from the scope of the legislation.
14. Supports the replacement of word “files” and “filing” with “serves” and “serving” wherever they appear in subsection (1) of §768.79, the Offer of Judgment and Demand for Judgment Statute.
15. Supports glitch amendments of a technical, corrective and clarifying nature to Florida Statutes, Chapter 607 re: Corporations and Chapter 608 re: Limited Liability Companies.
16. Supports the creation of §702.55 Florida Statutes, providing for notice to homeowner in mortgage foreclosure action of possibility of relief under U. S. Bankruptcy Code.
17. Supports regulation of auctioneers consistent with language of HB 17 (2008 Session).
18. Opposes the following proposed amendments to the Uniform Commercial Code: (1) addition of words "or otherwise" to §673.4201, Florida Statutes, re conversion of instruments; and (2) addition of the following language to §§ 673.1021 and 673.102 re subject matter and applicability, respectively: "Where the provisions of this article address a particular subject or provide a particular remedy, then displacement of the common law occurs so that a party's exclusive remedy is pursuant to this article."
19. Supports amendment of F.S. §607.1620 allowing Florida corporations to take advantage of technological improvements by utilizing electronic financial statements and e-proxies.
20. Supports changing the substantive law that governs international commercial arbitration in Florida, specifically by adoption of the UNCITRAL model international commercial arbitration law.
21. Supports SB 382 (2008 Session) permitting a director 15 years of age or older if provided in articles of incorporation or bylaws, or by resolution of board of directors.
22. Supports legislation amending F.S. Ch 607 to allow for variations from the plurality voting standard that governs the election of directors, and clarifying aspects of the law regarding contingency or later-date resignation by a director.
23. Opposes HB 119 (2008 Session) regarding the Department of Financial Services to establish an Internet registry of all of vacant, abandoned, or foreclosure-proposed real properties.
24. Opposes legislation that would transfer the functions of the Division of Corporations in the Department of State to the Department of Revenue.
25. Opposes definitions of “Credit Counseling Services” in SB 1132 (2009Session), HB 959 (2009 Session) and HB 1045 (2009 Session), and supports clear definitions and language to exclude licensed Florida attorneys, including bankruptcy attorneys who represent debtors, from the scope of the bills.
26. Opposes HB 1135 (2009 Session) and SB 2192 (2009 Session) proposing creation of the “Florida Consumer and Small Business Arbitration Act.”
27. Opposes “sunset” of the Division of Corporations of the Department of State.
28. Supports Revised Article 7 of UCC developed by NCCUSL relating to electronic documents of title, warehouse receipts, and bills of lading.
29. Supports SB 1858 (2010 Session) providing federal bankruptcy exemption for alimony, support or separate maintenance, that has already been received, to the extent necessary for the support of the debtor or his/her dependents.
30. Opposes any amendment to existing Florida law governing real property foreclosures unless those amendments carefully preserve and protect the property rights and due process rights of the holders of interests in or affecting Florida real property.
1. Opposes legislation to repeal Fla. R. Crim. P. 3.220(h)(1)(D) and to eliminate discovery depositions in cases in which a defendant is charged only with a third degree felony, misdemeanor, or criminal traffic offense.
2. Oppose all efforts to reduce the salaries and currently authorized benefits for trial and appellate criminal justice attorneys and further urge that the Justice Administration Commission (JAC) be adequately funded for all costs and fees associated with criminal justice matters.
3. Opposes privatization of Florida's public defender function consistent with the section's "Resolution Opposing the Proposed Transfer of the Miami-Dade Public Defender Caseload and Funding to a No-Bid Contractor," dated March 21, 2010.
July 23, 2010
1. Opposes legislation that would limit awards, attorney's fees and costs in liability actions brought against nursing homes or assisted living facilities.
2. Supports legislation that would increase staffing ratios, governmental oversight and Medicaid reimbursement rates to improve the general quality of care for residents in any long term care facility, and opposes legislation that would decrease staffing ratios, governmental oversight and Medicaid reimbursement rates or otherwise decrease the general quality of care for residents in any long term care facility. (Revised January 30, 2009)
3. Opposes legislation that would restrict or revoke driving privileges based solely upon aging factors.
4. Supports legislation that would enhance enforcement of existing provisions to revoke driving privileges from persons who are determined to be impaired.
5. Opposes legislation that would eliminate or diminish the rights of residents of any long term care facility. (Revised January 30, 2009)
6. Opposes any legislation that would allow the clerks of court in any and/or all circuits to assess and collect audit fees or other fees in guardianship or probate cases that would be a percentage of the total amount or value of the respective guardianship or probate estate.
7. Opposes any legislation that would decrease current court authority and control over guardianship or probate matters while increasing, correspondingly or otherwise, the clerk of courts authority over these same matters.
8. Opposes the adoption of summary guardianship proceedings outside the protections of Chapter 744, Florida Statutes.
9. Supports the development and implementation of a public education program stressing the need for screenings for memory impairment and the importance of early diagnosis and treatment of Alzheimer’s disease and related disorders; and supports the mandate that the Department of Elder Affairs conduct, or provide support for, a study on the benefits of memory screenings and the scientific evidence on the techniques for memory screening.
10. Supports adequate funding of the state courts system, state attorneys’ offices, public defenders’ offices, and court-appointed counsel.
11. Supports legislation which provides for designation of a health care representative.
12. Supports legislation that protects an individual’s rights relating to their health care decisions regardless of incapacity, and opposes any legislation that erodes such rights.
13. Supports legislation that enhances and increases the protection of vulnerable adults wherever they reside, and opposes any legislation that erodes or decreases such protection.
14. Supports legislation to provide residents of assisted living facilities a process for administrative hearings and administrative review of discharge decisions.
15. Supports legislation that increases the personal needs allowance to qualified individuals residing in any long term care, health care and/or residential facility.
16. Supports legislation requiring a specific pleading against a vulnerable adult defendant.
17. Opposes legislation requiring filial responsibility for long term care of adults.
18. Supports legislation recognizing the economic value of care provided to vulnerable adults by family members and friends.
19. Supports legislation that would increase and enhance the rights of residents of any long term care facility and which would restrict the use of over-burdensome and onerous provisions in admissions contracts used by long term care facilities.
20. Supports public access to long term care insurance at reasonable and affordable costs with adequate and reasonable benefits.
21. Supports adequate funding for programs that allow Florida’s seniors to age in place and opposes reduction or elimination of funding for programs that allow Florida’s seniors to age in place.
22. Opposes the expansion of creditors’ rights beyond the current statutory and common law rights available to creditors under Florida law.
23. Supports legislation that exempts the addresses and telephone numbers of long term care ombudsmen volunteers from public records law.
24. Supports legislation that aligns State Law with Veterans Administration Federal Law, with regard to the treatment of low income pension with Aid and Attendance and opposes legislation that impoverishes spouses of veterans living in the community.
Entertainment, Arts & Sports Law Section
July 23, 2010
1. Supports full and complete state funding for the arts and the arts education programs in Florida, as well as the continued existence of the Corporations Trust Fund, and urges the Florida legislature to continue and increase the funding of these arts programs and organizations.
July 23, 2010
1. Supports amendments to Florida's domestic violence laws that would include amending §741.30(6)(a)7, Florida Statutes, to authorize the court to enter relief to protect minor children of a domestic violence victim as well as the victim.
2. Opposes legislation that would seek to remove from the courts in any way the establishment, modification or enforcement of family support, and/or that would seek to place consideration, effectuation or adjudication of these issues under the jurisdiction of the Department of Revenue or any other governmental or administrative body.
3. Supports modification of child support guidelines, Chapter 61, Florida Statutes, to eliminate the 25% reduction from the total cost of child care prior to allocating that cost between the parents, and to allow consideration of any available tax credit received by one parent as a result of child care expenses when determining allocation of costs.
4. Supports adequate funding for dependency courts and for all Chapter 39, F.S. proceedings relating to children.
5. Supports the establishment and funding of programs to provide dependency mediation services in each judicial circuit.
6. Opposes creation of an evidentiary privilege for parent-child communications.
7. Supports amendment of §61.13(1), Florida Statutes, to clarify that a court may require either or both parents to carry life insurance or to otherwise secure child support obligations.
8. Opposes removing or deleting the word "imminent" from §741.30(1)(a), Florida Statutes.
9. Supports amending Chapter 61, Florida Statutes, by adding a new § 61.406, Florida Statutes, authorizing an award of reasonable fees and costs to a duly appointed guardian ad litem, and further authorizing the guardian to apply for and enforce such an award in his or her own name without the necessity of counsel.
10. Supports amending § 742.045, Florida Statutes, allowing the award of appellate fees and costs in paternity matters, consistent with existing language of § 61.16, Florida Statute.
11. Opposes any proposed legislation that disturbs the finality of judgments determining parentage of children without consideration or inclusion of a statute of repose, a best interests of child standard consistent with established public policy of the State, and the elements and burden of proof of fraud.
12. Supports amending § 61.13(3), Florida Statues, by adding as a factor for consideration of shared parental responsibility and primary residence of a child “the willingness of a parent to confer and cooperate with the other parent.”
13. Supports an amendment to §61.30 (1) (a), Florida Statutes (Child Support Guidelines; Retroactive Child Support), deleting the words ““or mediation agreement”” in the second to last sentence.
14. Opposes any extension of administrative procedures for a determination of paternity outside of the constitutionally established judiciary branch of state government.
15. Supports the amendment of §63.042, Florida Statutes, to permit a court to excuse the consent of an adoptive parent's spouse when the court finds that an adoption is in the best interests of the child. The court, rather than the Department of Children & Families, should be vested with the authority to determine whether an adoptive parent's disability should prohibit the person from adopting.
16. Supports the elimination of any language concerning non-adoption issues such as §63.043, Florida Statutes, regarding the screening for the sickle cell trait.
17. Supports adequate funding of the state courts system, state attorneys' offices, public defenders' offices and court-appointed counsel.
18. Supports amending Florida Statutes, Chapters 61 and 742, Florida Statutes, to make it clear that the court has the appropriate discretion and authority to, upon good cause shown by a party, modify temporary support orders on a retroactive basis, even in the absence of a showing of a substantial change in circumstances.
19. Opposes legislation deleting the term “repeat violence” in F. S. 784.046 for purposes of protective injunctions.
20. Supports the creation of a parenting coordination statute that would apply in certain family law cases.
21. Supports the statutory recognition of collaborative law as a form of alternative dispute resolution in family law cases and the establishment of a privilege regarding the disclosure of information related to collaborative proceedings.
22. Supports legislation to create a rebuttable presumption for the purposes of imputation of income in a child support case that every parent in the State of Florida can earn minimum wage.
23. Supports the establishment of supervised visitation program standards.
24. Supports the amendment of Florida Statutes 61.08 and 61.14 to fix certain “glitches” created by the 2005 amendment of the Florida Statutes which provided for the termination or modification of alimony based upon a finding that a de facto marriage occurred.
25. Supports an amendment to Florida Statutes 61.14 to include subparagraphs (1)(a)1, (2), (3) (a) and (b), as well as (4) to enable a court tot temporarily reduce support under certain defined circumstances post-judgment.
26. Supports the amendment to Florida Statutes section 61.30 (16) to adjust the child support statutory guidelines no less than every 3 years to ensure that Federal Poverty Guidelines are properly adjusted within those statutory guidelines.
27. Supports amending §61.30(6) F.S. which would provide that when the parents combined income exceeds the child support guidelines schedule amounts that the percentages contained at the end of subparagraph (6) not be used as a basis for awarding child support beyond the reasonable needs of the parties’ children.
28. Supports amending §61.30 11(a)10 F. S. and §61.30 11(b) F. S. to require mandatory deviation in the calculation of child support and the continuing utilization of the “gross-up” method for child support calculation when the particular parenting arrangement provides that parties’ children spend a substantial amount of time with the non-custodial parent. The threshold for determination of “substantial time-sharing” should be reduced from 40% to 20% of the overnights.
29. Supports an amendment to §61.30 11 (d) F.S. which would codify current case law addressing the formula for calculating child support in split custody cases.
30. Strongly opposes any amendment to 61.30 F.S. which would delegate the obligation to review and if appropriate, reconfigure the child support guidelines schedule in Florida Statutes, Chapter 61, to the Supreme Court of the State of Florida or the State of Florida, Department of Revenue.
31. Opposes the incorporation of Family Team Conferencing as an alternative dispute resolution mechanism unless it incorporates the appropriate procedural safeguards.
32. Supports the inclusion of the definition of "incarcerated parent" in Chapter 39, Florida Statutes.
33. Supports an amendment to §827.03 F. S. to incorporate a fourth category of child abuse provided that the definition of corporal punishment is amended to define excessive corporal punishment as consistent with definitions thereof set forth in § 39.01 (30)(a) 4 a.-k.; as well as the incorporation of the phrases “permanent or temporary” in reference to i. disfigurement and j. loss or impairment of a body part or function.
34. Supports the inclusion of limiting language in setting aside paternity based upon fraud or misrepresentation for child support termination purposes.
35. Supports an amendment to § 61.13 (1)(a)(1),(2) and (3) to require that the trial court set forth in an order establishing or modifying child support a schedule containing specific findings designating the child support award for multiple children based upon current net income so that as each child attains the age of majority, the aggregate number of remaining minor children for whom child support is being paid is accordingly reduced, to the appropriate child support amount as set forth on the schedule, until such time as the total child support obligation is extinguished.
36. Supports an amendment to §61.30(2)(b) to include subparagraphs 1.,2., 3. and 4. which defines the criteria for imputation of income for child support calculation purposes under the statutory child support guidelines, assigns the evidentiary burden to the party seeking to impute the income; makes mandatory the obligation to make findings of fact when imputation of income occurs; creates a rebuttable presumption pertaining to imputation of the minimum wage to parties residing in the State of Florida and outside of the State of Florida; and finally limits those circumstances when a court may not impute income beyond minimum wage requirements.
37. Supports the adoption of legislation that will enhance parental responsibility for and time-sharing of children involved in dissolution of marriage, domestic violence and paternity matters, when in a non-intact family unit, including: (1) the elimination of labels and presumptions previously associated with custody and visitation issues; (2) the promotion of co-parenting between parents so long as domestic violence does not prevent such co-parenting concepts; and (3) minimizing the detriment (emotional, financial or otherwise) that might arise from prolonged litigation that is often inherent when parents are adversaries in proceedings involving their child(ren).
38. Supports an amendment to Chapter 39 F. S. applying Florida’s Putative Father Registry to all termination of parental rights actions. An unmarried biological father’s consent is on required when he acts to protect his parental rights by legally establishing his rights or registering with Florida’s Putative Father Registry prior to the date the petition to terminate parental rights is filed with the court.
39. Supports amendment to Chapter 39 F. S. which would clearly set forth the intent that application of the Florida Putative Father Registry would differ in Dependency/Shelter proceedings and Termination of Parental Rights Proceedings as the interests of the child were different in each proceeding.
40. Supports an amendment to Chapter 39 F. S. which would provide juvenile judges with the authority to enter legally recordable paternity judgments, child support order and income deduction orders.
41. Supports amendment to Chapter 339 F. S. that applying Florida’s Putative Father Registry to Dependency/Shelter proceeding by personally providing a father identified as a result of §39.503 F. S. inquiry with a disclosure on his paternal responsibility to register with Florida Putative Father Registry, support his child and legally establish his rights to the child. Such a father would have 30 days from personal receipt of the disclosure to assert his rights by registering with Florida’s Putative Father Registry.
42. Supports legislation intended to clarify the nature of marital and non-marital assets in Florida Statutes Chapter 61 proceedings.
43. Supports legislation allowing trial courts to temporarily reduce, suspend or abate child support in temporary circumstances necessitating a reduction of support.
44. Opposes legislation removing the need for a father to be current in his support to seek disestablishment of paternity.
45. Opposes legislation re attorney ad litem representation that seeks to regulate the profession, instruct and/or train lawyers on how they should represent their clients, and that allows another governmental branch agency to train lawyers.
46. Opposes legislation that remedies barriers to remarriage through equitable distribution.
47. Supports legislation designed to promote and implement a Unified Family Court.
48. Supports legislation that expands the range of both civil and criminal sanctions imposed against those who violate existing injunctions for protection against domestic, repeat, sexual and dating violence.
49. Supports an amendment to F.S. §61.14(6) to specify the application of payments when obligations exist for current alimony or spousal support, arrears of alimony or spousal support, and interest on alimony or spousal support.
50. Supports amendments to F.S. §61.14 & 742.08 regarding the enforcement and accrual of interest on child support, alimony, and spousal support judgments.
51. Supports amendments to F.S. §61.30 to streamline, simplify, and clarify the methodology of calculating child support.
52. Supports changes to F.S. §61.13 codifying the standard required for modification of parental responsibility, a parenting plan and /or time-sharing schedule.
53. Supports amendments to F.S. §61.13001 streamlining the requirements and criteria governing relocation.
54. Supports amendments to §61.075, F.S. to allow for the assessment of interest and award of security regarding delayed equitable distribution payments.
55. Supports amendments to F.S. §61.08 (alimony statute) to recognize the court’s discretion to fashion alimony awards that are appropriate based upon the statutory factors including bridge-the-gap, rehabilitative, durational, and permanent alimony.
56. Supports legislation to allow not-for-profit legal aid associations to certify guardians ad litem who have taken a uniform statewide training program for cases under F.S. Chapter 61 where there are no well-founded allegations of abuse, abandonment or neglect; to not require such legal aid associations to certify guardians ad litem; and to penalize for false statements or omissions on a guardian ad litem application. Opposes legislation allowing lay guardians ad litem without the foregoing safeguards.
57. Supports an amendment to §744.301(1), Florida Statutes (2008) to specify the designation of natural guardianship for parents whose marriage has been dissolved.
58. Supports legislation providing for notice to relatives of the existence of proceedings and investigations under Chapter 39 so long as the added burden of giving notice does not result in attorneys, investigators and others working for DCF having less time to work directly to protect children.
59. Opposes legislation allowing one party to obtain assignment of a retired judge or justice with payment of the retired judge or justice by the prevailing party in a matter governed by the Florida Family Law Rules of Procedure.
60. Supports legislation allowing sheriffs to serve faxed copies of previously certified domestic violence injunctions.
61. Opposes legislation granting immunity from suit to mental health professionals licensed under Chapter 491 who disclose confidential communications when they believe there is a clear and immediate probability of certain harm.
62. Supports the expansion of actions which constitute violations of injunctions for protection to include coming into close proximity of the petitioner’s dwelling, vehicle, school or place of business; defacing or destroying petitioner’s vehicle or refusing to surrender firearms or ammunition after being ordered to do so by the court issuing the injunction.
63. Supports legislation specifying that transfers of homestead property between husband and wife, whether incident to a dissolution of marriage or otherwise, are not to be considered a “change of ownership” for homestead exemption purposes.
64. Opposes legislation regarding child support which creates a presumption that health insurance is affordable if it is 5% or less of a parent’s gross income.
65. Supports mandatory and discretionary appointment of attorneys for children predicated on the understanding that funding for any attorney ad litem program does not jeopardize funding of the Statewide Guardian ad Litem program, that the administration of the program is not through the Statewide Guardian ad Litem program or any other executive branch agency, and that any funding of the program does not jeopardize other court programs.
66. The Family Law Section supports the discretionary appointment of attorneys for children in the following situations:
Where the court has a concern that the child has a need for developmental disability, mental health or substance abuse services; and
In any Chapter 39 proceedings when the Court deems it appropriate.
67. Supports the mandatory appointment of attorneys for children in the following situations:
In cases where the state is seeking to administer or administers psychotropic medications to a child subject to a Chapter 39 proceeding.
Where the child is the subject of a proceeding in which the state is seeking the commitment or placement of the child for longer than 72 hours to a secure residential treatment facility, including licensed care under chapters 39, 393, 394, and 397 of the Florida Statutes.
To a child involved in a Chapter 39 proceeding at the age of 16 years.
In any case where someone is asserting a psychotherapist-patient waiver on behalf of a child.
For a child who is the subject of an application for services pursuant to Chapter 393, Florida Statutes, where the application was denied and the matter proceeds to the administrative appellate level.
68. Supports legislation that maintains current uniform laws that have been enacted in Florida that pertain to Marital & Family Law.
69. Supports legislation regarding child abduction prevention.
70. Supports legislation that will allow a duly licensed attorney acting as a guardian ad litem in Chapter 61 proceedings to also act as the attorney for the guardian ad litem.
71. Supports legislation that requires the court to allow an adoption entity to intervene in dependency proceedings where the parent has executed a consent for adoption.
72. Opposes legislation that requires only a best interests standard in allowing a third party to be delegated or awarded timesharing or visitation with a minor child.
Government Lawyer Section
July 23, 2010
1. Supports language in the Legislative Appropriations Act to permit the payment of government attorneys' Florida Bar membership fees and continuing legal education costs from funds within budget entities, and further supports amendment to general law to authorize all Florida government agencies to pay their government attorneys' Florida Bar membership fees and continuing education costs.
2. Supports amendment to §119.07(3)(x), Florida Statutes, to exempt from disclosure under the public records law, the home addresses and telephone numbers of all current and former government agency employees.
3. Supports full legislative funding of the Prosecutor/Public Defender Training Program.
4. Supports legislative intent language to clarify that statutory restrictions or prohibitions on the private practice of law by government lawyers (other than judges and their staff) do not preclude such lawyers from providing pro bono legal services as contemplated by the Supreme Court of Florida in Amendments to Rules Regulating The Florida Bar, 630 So. 2d 501 (Fla. 1993), which establishes an aspirational goal of 20 hours per year of such services by each Florida lawyer.
July 23, 2010
1. Supports confidentiality of Professional Resource Network and Intervention Project for Nurses records.
2. The Health Law Section opposes legislation that imposes onerous financial burdens on health care licensees:
who elect or are required to participate in the state’s impaired practitioner programs;
who elect to exercise rights provided pursuant to Chapter 120, F.S.;
who are subjected to the unilateral assessment of costs, rather than those limited to a non-prevailing party; or
who are subjected to mandatory disciplinary fines incapable of discretionary adjustment by an agency.
3. Supports amendment of §456.072, Florida Statutes; to provide health care licensing practice boards with discretion regarding the imposition of costs against any party; to permit assessment of costs on an individual basis; to provide a mechanism for determining such costs; and to exclude attorneys’’ fees from costs, as in matters of civil litigation.
4. Opposes any amendment to Chapter 120, Florida Statutes, or other legislation, that undermines the rule-making requirements of the Administrative Procedure Act by allowing statements of agency policy without formal rule-making.
5. Opposes any amendment to Chapters 120 or 393, Florida Statutes, or other legislation to deny, limit or restrict points of entry to administrative proceedings under Chapter 120, Florida Statutes, by substantially affected persons.
6. Opposes exemptions or exceptions to the Administrative Procedure Act, but otherwise supports a requirement that any exemption or exception be included within Chapter 120, Florida Statutes.
7. Supports voluntary use of mediation to resolve matters in administrative proceedings under Chapter 120, Florida Statutes, and supports confidentiality of discussions in mediation; but opposes mandatory mediation and opposes imposition of involuntary penalties associated with mediation.
8. Supports uniformity of procedures in administrative proceedings under Chapter 120, Florida Statutes, and supports modification of such procedures only through amendment of or exceptions to the Uniform Rules of Procedure.
9. Opposes amendment to Chapter 120, Florida Statutes, that limits, restricts, or penalizes full participation in the administrative process, in the absence of compelling justification or non-anecdotal evidence which demonstrates that the existing provisions of law are not adequately protecting the administrative due process rights of all participants.
International Law Section
July 23, 2010
1. Supports amending 685.101 F.S. and 685.102 F.S. to give Florida courts jurisdiction to hear contractual disputes involving parties choosing Florida as governing law as a forum for dispute resolution, even where no other contacts may exist with Florida.
2. Supports amending § 55.502 F.S. to correct a glitch by conforming language defining “judgments” to the language of the uniform Foreign Money Recognition Act which includes judgments rendered by courts of U. S. possessions not located within a state of the U S.
3. Supports enabling the Secretary of State to accept service as an agent of a Florida corporation where no other agents are present in this state.
Public Interest Law Section
July 23, 2010
1. Supports legislation recognizing the state's legal obligation to provide medical, mental health and developmental services to all children in state custody who need such services.
2. Supports adequate funding for mandated programs under the state's Families in Need of Services and Children in Need of Services legislation pursuant to Chapter 984, Florida Statutes.
3. Supports legislation prohibiting discrimination in employment, housing and accommodations on the basis of sexual orientation.
4. Opposes any legislation that would eliminate, impair, or change the Interest on Trust Accounts (IOTA) Program.
5. Supports extending foster care and jurisdiction of the juvenile courts through age 21 for young adults who wish to remain in foster care beyond their 18th birthday.
6. Supports legislation to clarify that children in shelter or foster care be accorded the protections of § 39.4085, Florida Statutes.
7. Supports legislation to extend child health insurance coverage, including special health care needs, dental care, vision care, presumptive eligibility and continuous eligibility, to all children who are eligible for coverage under KidCare.
8. Supports legislation to allow relatives with custody of a child pursuant to any court order to receive financial assistance under the Relative Caregiver Program.
9. Supports legislation to restore a convicted felon's right to vote one year after completion and satisfaction of all sentences and court obligations, unless the majority of the Board of Executive Clemency objects.
10. Supports a legislative prohibition against executing a mentally retarded capital felon.
11. Supports legislation providing for court-appointed attorneys for children who are subject to abuse and neglect proceedings, to advocate for the children's interests in legal proceedings affecting their placement and needed services.
12. The Public Interest Law Section resolves to call upon the state of Florida to not carry out the death penalty until Florida implements policies and procedures that are consistent with the following policies intended to 1) ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and 2) minimize the risk that innocent persons may be executed through:
a. Implementing the American Bar Association's "Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases" (adopted February 1999) and ABA policies intended to encourage competency of counsel in capital cases (adopted February 1979, February 1988, February 1990, and August 1996);
b. Preserving, enhancing, and streamlining state and federal courts' authority and responsibility to exercise independent judgment on the merits of constitutional claims in state post-conviction and federal habeas corpus proceedings; and
c. Striving to eliminate discrimination in capital sentencing on the basis of the race of either the victim or the defendant.
FURTHER RESOLVED, that in adopting this recommendation, apart from the policies enunciated above, the Public Interest Law Section of The Florida Bar take no position on the death penalty, other than that relating to offenders who are mentally retarded or under the age of 18 at the time of the offenses.
14. Opposes the expansion of the use of detention for purposes other than in response to charges for alleged acts of delinquency of a child.
15. Supports legislation that would allow children, convicted and sentenced in criminal court, to serve their sentences under the jurisdiction of the Department of Juvenile Justice.
16. Consistent with the final report of the Special Committee on the Legal Needs of Children, supports legislation giving the public access to information to properly scrutinize the Department of Children and Family Services' and the Department of Juvenile Justices' performance of its statutory duties to protect children from harm while protecting the confidentiality of the individual children and families involved.
17. Consistent with the final report of the Special Committee on the Legal Needs of Children, supports legislation to provide for procedures to ensure that psychotropic medications are administered to children in the custodial care of the Department of Children and Families or in the juvenile justice system only when medically necessary and appropriate, rather than to control behavior of children who simply need mental health counseling or non-medication services.
19. Consistent with the final report of the Special Committee on the Legal Needs of Children supports the following principles concerning school discipline:
a. schools should have strong policies against gun possession and be safe places for students to learn and develop;
b. in cases involving alleged student misbehavior, school officials should exercise sound discretion that is consistent with principles of due process and considers the individual student and the particular circumstances of misconduct; and
c. alternatives to expulsion or referral for prosecution should be developed that will improve student behavior and school climate without making schools dangerous.
20. Opposes, in principle, "zero tolerance" policies that have a discriminatory effect, or mandate either expulsion or referral of students to juvenile or criminal court, without regard to the circumstances or nature of the offense or the student's history.
22. Supports modification of the statutory provisions of the Road to Independence Act to enhance and expand the transition program to provide an option for continuation of foster care to youth ages 18 through 23, and to provide reasonable accommodations for youth with disabilities.
23. Supports legislation stating that persons with any disabilities should not be deprived of any right guaranteed by law and should be free from any discrimination because of such disability.
24. Supports the repeal or amendment of 775.0837 F. S. Habitual Misdemeanor offenders to the extent that it affects Florida’s homeless population.
25. Supports legislation to reduce the use, by the state and private providers, of physical restraints on minors.
26. Supports legislation that prohibits the use of tasers on minors.
27. Supports legislation to facilitate unaccompanied, abused, neglected, or abandoned immigrant minor’s ability to access services including juvenile visas.
28. Supports legislation to require that a child have a meaningful opportunity to consult with an attorney before waiving his/her right to counsel in a delinquency proceeding.
29. Supports legislation to assure that state funding, resources and policies are directed to provide adequate housing for extremely low income persons, including persons with special needs.
30. Opposes the indiscriminate use of chains and shackles by the Department of Juvenile Justice or others in transporting children.
Real Property, Probate and Trust Law Section
July 23, 2010
1. Opposes any legislation limiting property owners' rights or limiting attorneys' fees in condemnation proceedings.
2. Opposes any efforts to enact a statutory will.
3. Supports a constitutional amendment removing the restriction on devise of homestead property; also to provide that homestead rights are limited to the head of a family with a surviving spouse or dependent heir.
4. Supports amendments to Chapter 718, Florida Statutes, Condominiums, and Chapter 719 Florida Statutes, Cooperatives, to require that engineers, architects and other design professionals and manufacturers warrant the fitness of the work they perform on condominiums or cooperatives.
5. Opposes any portion of the National Association of Insurance Commissioners Title Insurers Model Act and Title Insurance Agent Model Act that may adversely affect Florida attorneys' ability to participate in real estate closing and the issuance of title insurance.
6. Supports amendment to Chapter 723, Florida Statutes, specifying that each mobile home owner/owners shall have only one vote at elections or meetings, and to allow association bylaws to specify less than a majority for a quorum.
7. Supports amendment to §162.09(3), Florida Statutes, to clarify the relative priority of recorded municipal code enforcement liens created pursuant to the Local Government Code Enforcement Boards Act.
8. Supports amendment to §673.3121, Florida Statutes, to provide a cross reference in it to §673.4111, Florida Statutes, stating that if an official check is not paid, then the person entitled to enforce the official check is entitled to compensation from the obligated bank for refusing to pay.
9. Supports legislation to amend the Baker Act to include a provision under which a guardian may request that the court grant the guardian the authority to involuntarily hospitalize a ward pursuant to the Baker Act.
10. Opposes efforts to create a lien on real property for work that does not add value to the property, and would permit liens against the property of a person other than the party owing a debt.
11. Opposes amendments to §718.1255, Florida Statutes, or targeted budget reductions or other governmental action having the purpose or effect or diminishing or eliminating the jurisdiction of the Arbitration Division of the Department of Business and Professional Regulation's Division of Land Sales.
12. Supports legislation to amend F.S. §744.444(16) to allow a guardian, without court approval, to pay from the assets of the guardianship estate the costs and fees of persons -- including attorneys, auditors, investment advisers or agents -- employed by the guardian to advise or assist the guardian in the performance of his or her duties.
13. Supports legislation to amend F.S. §394.467 to add as criteria for involuntary placement the substantial and imminent likelihood of inflicting serious emotional or psychological harm on another person, and the causation of significant damage to property in the recent past with substantial and imminent likelihood of doing so again.
14. Supports legislation to amend F.S. §725.06 to make contracts for indemnity for acts of omissions of an indemnitee unenforceable except in certain limited situations and/or to the extent of insurance coverage.
15. Supports the regulatory approval of a proposed ALTA Junior Loan Policy Form, but opposes legislation that would exclude from the statutory definition of title insurance the insuring of mortgage liens covering second mortgages and home equity line mortgages.
16. Opposes SB 2300 (condominium association pre-litigation disclosures) which imposes burdensome pre-suit disclosures for condominium homeowners associations members, but supports changes to mitigate some of these requirements.
17. Supports amendment of §55.141, Florida Statutes, to also allow the clerk of court to issue a satisfaction of judgment, rather than only the judgment holder
18. Supports legislation to repeal §734.1025, Florida Statutes, because the dollar amount for summary administrations found in § 735.201-2063, Florida Statutes, has been increased thus, making §734.102, Florida Statutes, duplicative.
19. Support legislation to amend §201.02, Florida Statutes, to clarify and better define the circumstances under which the documentary stamp tax will apply to instruments conveying real property to and from various entities.
20. Oppose legislative restrictions on condominium associations’’ rights to govern themselves and their own documents, but do not oppose further disclosure requirements to a purchaser concerning rental provisions.
21. Opposes proposed §518.117, Florida Statutes, and related amendments abrogating a trustee's duties of loyalty and duties of full and fair disclosure in connection with affiliated investments by a corporate trustee.
22. Opposes legislation requiring multiple disclosures by sellers of real property, creating contract rescission rights for buyers and seller liability for damages.
23. Supports legislation to preserve homeowner association governance and/or assessment regimes notwithstanding extinguishment of community covenants and restrictions by the Marketable Record Title Act.
24. Supports an amendment to F. S. 222.01 to provide persons with the same procedure for determination of real property homestead status against foreign judgments as currently is provided against domestic judgments.
25. Supports condominium unit owner’s ability to exercise self-government and undertake fair and efficient community administration, including the exercise of basic contract and investment decisions.
26. Supports the revision of 718.117 F. S. process for terminating condominium property.
27. Supports amending 29.007 F. S. to provide authority to appoint and compensate attorneys and professional guardians to serve as guardian advocates and guardian ad litem for indigents in civil commitment and treatment proceedings in proceedings under the mental retardation statutes (ch. 393), Baker Act (ch. 394) and Marchman Act (ch. 397).
28. Supports amending §704.01(2) to provide landlocked landowners with a statutory way of necessity.
29. Opposes Section 2 of Senate Bill 298 creating §117.055, which requires that notaries keep a detailed journal of all notarial acts including: the date, time and type of notarial act; the date, type and description of each document; the name of the signer; and description of the evidence of identity.
30. Supports changes to the Florida Construction Lien Laws governing conditional payment bonds and changing procedures for determining whether a claim will be covered by such bonds.
31. Technical Assistance - The section does not oppose House Bill 113 as originally drafted, but favors additional changes to numerous construction bond and lien statutes.
32. Opposes legislation requiring parties to record notices, warnings or reports regarding the physical condition of land or improvements in the public records regarding the title to real property.
33. Opposes SB 1520’s definition of “travel club” which would remove one type of timeshare program from the traditional regulatory supervision of the Department of Business and Professional Regulation.
34. Supports legislation to clarify the law to ensure that communications between a lawyer and client acting as a fiduciary in estate- and trust-related matters are privileged to the same extent as if the client were not acting as a fiduciary.
35. Opposes amendment to §733.302, F. S., to expand the class of non-residents which may serve as personal representative because of a concern that any addition to the class may subject the entire statute to a renewed constitutional challenge.
36. Supports the amendment of § 627.404 F. S. to make explicit the requirement of an insurable interest, detail those who may have an insurable interest in the life of another, clearly require the insured’s consent to the purchase of a policy of insurance by another, and address the liability of the insurer in the absence of the necessary insurable interest.
37. Opposes proposed omnibus amendments to Florida Statutes Chapter 617, the Florida Not for Profit Corporation Act. The changes intended to facilitate to charitable corporate governance with voluntary membership would impair other non profit corporations’ governance with required membership.
38. Supports legislation to maintain the integrity of the recording system in the State of Florida.
39. Supports limitation of creditor remedies against partner interest in general and limited liability partnerships and member interests in limited liability companies to charging liens and to prohibit foreclosure against such interests.
40. Supports legislation to provide that the charge by a condominium association or homeowners’ association for an estoppel certificate is an obligation of the owner of the unit for whose benefit the estoppel certificate is requested and not the obligation of the closing agent; and to provide for enforcement of any assessment for the charge made for such an estoppel certificate.
41. Opposes changes to Florida Stature 732.103 that would extend the intestate distribution scheme to the level of the decedent's great-grandparents.
42. Supports proposed amendments to Florida Statutes Chapter 718, the Condominium Act. The proposed changes are intended to clarify that changes to a developer prospectus’ estimated operating budgets prepared in good-faith that are beyond the control of the developer do not trigger rescission rights under Section 718.503(1), Florida Statutes.
43. Supports legislation to permit condominium unit owners to further subdivide or partition their interest in the condominium and common elements appurtenant thereto pursuant to a sub-declaration of condominium, which subdivided units shall remain subject and subordinate to the existing declaration of condominium, provided such existing declaration of condominium allows for the subdivision.
44. Oppose HB 1437/SB1460, which would require a foreclosing creditor to notify the debtor that filing a bankruptcy petition before the foreclosure sale may permit the debtor to retain the property and reorganize the indebtedness.
45. Oppose the creation of “pilot” court divisions without funding, evaluation criteria, rules of procedure, and competency criteria for magistrates without consideration for current alternate dispute resolution processes.
46. Opposes HB 1373 (2007) and SB 2816 (2007) because they contain amendments to community association regulations which are unconstitutional, impossible or impractical to implement, contradictory, and undermine the ability of volunteers to administer associations.
47. Supports the adoption of §689.28 F. S. to provide that transfer fee covenants recorded after effective date do not run with the title to real property and are not binding on successor owners, purchasers or mortgagees.
48. Supports legislation to amend Chapter 765, Florida Statutes, to improve the law concerning advance directives and to integrate federal HIPPA privacy laws with Florida law.
49. Supports legislation to amend §733.604 Florida Statutes, to treat inventories which are filed with the clerk of court in a probate proceeding in connection with the spousal elective share procedure the same as estate inventories in terms of not being subject to public inspection.
50. Supports legislation to provide for alienation of plan benefits under the Florida Retirement System (§121.131 and §121.091 Florida Statutes) Municipal Police Pensions (§185.25 Florida Statutes) and Firefighter Pensions (§175.241 Florida Statutes) in a dissolution proceeding and authorizing such alienation of benefits in a dissolution of marriage under §61.076 Florida Statutes.
51. Supports legislation to (1) change the titles of §222.11 Florida Statutes to clearly reflect that this statute applies to earnings and is not limited to “wages” (2) provide an expanded definition of “earnings” because the term “wages” is not the exclusive method of compensation and (3) add deferred compensation to the exemption statute.
52. Supports amendment of F.S. §§ 689.01 & 692.01, to permit a corporation to execute certain instruments conveying, mortgaging or affecting interests in real property, whether on the corporation’s own behalf or in a representative capacity.
53. Supports amendment of F.S. §732.402 to update limitations on “exempt property” to: (i) increase the dollar limitation on household goods, from $10,000 to $20,000; (ii) change the personal “automobile” limitation to a “motor vehicle” limitation based on gross weight and limit the exemption to two motor vehicles; and (iii) include all qualified tuition plans authorized by IRC § 529.
54. Supports amendment of F.S. §718.111(11) to clarify what are or are not common expenses when insurance proceeds are insufficient for reconstruction, as well as to restructure the statute to clearly describe and state the adequacy and scope of insurance and responsibilities in the event of reconstruction following a casualty.
55. Supports amendment of F.S. §718.115 to provide that unless the manner of payment or allocation of common expenses is otherwise addressed in the declaration of condominium, the expenses of items or services required by any governmental entity, such as water or sewer meters or fire safety equipment required to be installed by a governmental entity, are common expenses under Chapter 718.
56. Opposes the adoption of summary guardianship proceedings outside the protections of Chapter 744, Florida Statutes.
57. Opposes amendments to F.S. §393.12 that would (i) remove the existing requirement that a guardian advocate for a developmentally disabled adult must be represented by an attorney if the guardian advocate is delegated authority to manage property, (ii) remove the existing requirement that the petition to appoint a guardian advocate must disclose the identity of the proposed guardian advocate, and (iii) expand the list of individuals entitled to receive notice of the guardian advocate proceedings.
58. Opposes amendments to Chapter 720, F.S., that would require both pre-suit mediation and pre-suit arbitration before filing a civil action over homeowners’ association disputes.
59. Supports amendment of F.S. §736.0813 to clarify the meaning of the requirement that a trustee furnish qualified beneficiaries with a “complete copy” of a trust document.
60. Supports amendment of F.S. §736.0306 to provide that a trustee cannot be given authority to appoint “designated representatives” for trust beneficiaries to whom the trustee can account in lieu of accounting directly to the beneficiaries.
61. Supports amending F.S. §§736.0302 and 736.0103(4) to provide that a “permissible appointee” under a power of appointment is not a “beneficiary” of a trust unless the power of appointment is irrevocably exercised in favor of the appointee, and that the potential interests of permissible appointees can be represented by those who take the trust property if the power of appointment is not exercised.
62. Supports amendment of F.S. §738.602 to provide a method for trustees to characterize payments from deferred compensation plans, annuities, retirement plans, IRAs or other similar arrangements as principal or income when payable to a trust named as the beneficiary.
63. Supports amendment to F.S. §501.1377 to exclude lawyers, law firms, pro-bono and legal aid programs, title agents and the servicing, restructuring and workout companies employed by the holders of mortgages from the definition of “foreclosure rescue consultant.”
64. Supports amendment of F.S. §193.155(3) to clarify that transfers of ownership interests, whether legal or equitable, pursuant to which the same person or that person’s spouse continues to hold legal or equitable title of the homestead real property or otherwise continues to qualify for the homestead exemption under the requirements of F.S. §196.031, Florida Statutes, will not be treated as a change in ownership for purposes of re-setting the “Save Our Homes” cap.
65. Supports clarification of F.S. 193.1556 regarding: (i) whether a separate notice to the property appraiser of a change of ownership of real property is required when the real property is conveyed by an instrument recorded in the public records; (ii) whether any notice to the property appraiser is required pursuant to the statute with respect to transfers of interests in publicly traded companies or parent companies; and (iii) whether the statute requires disclosure of the identity of beneficial owners of trusts or of business entities.
66. Supports continuation and improvement of the Florida brownfield redevelopment program, including the voluntary cleanup tax credit (VCTC) program pursuant to F.S. §376.30781.
67. Opposes adoption of a “file and use” system for the determination of title insurance rates in the State of Florida, supplanting a promulgated rate system in which the state regulatory agency determines rates based on actuarial analysis of statutorily determined criteria.
68. Oppose amendment of F.S. §607.1202 and §608.4262 to require a Florida corporation or limited liability company to publish notice of its proposed sale of assets other than in regular course of business, or to publish notice of dissolution.
69. Supports amendment to F.S. §695.01 and ch 162 to reduce problems regarding hidden liens by: (i) requiring all governmental liens (other than taxes, special assessments and those for utility services) to be recorded in the official records and to state their priority; (ii) clarifying the priority of liens asserted by local governments; and (iii) expanding the homestead determination mechanisms of F.S. §222.01 to apply to other types of lien.
70. Supports legislation retroactively and prospectively to ratify the validity of all electronic documents submitted to and accepted by a county recorder for recordation, whether or not such electronic documents were in strict compliance with the statutory or regulatory framework then in effect, and that all such filings be deemed to provide constructive notice.
71. Opposes legislation expanding the definition of sovereign beaches, public beaches or beach access rights over privately owned property without due process of law or compensation for taking of private property rights.
72. Supports requiring financial institutions to create a record memorializing any items removed from a safe deposit box, including amendment to F.S. § 655.935.
73. Supports clarification of a person’s rights to direct disposition of his or her remains, providing guidance to courts and family members, especially when disputes arise, and absent specific directions, clarifying who is authorized to decide the place and manner of the disposition of a decedent’s remains, including an amendment replacing F.S. § 732.804.
74. Supports clarification to the Condominium, Cooperative and Homeowners’ Association Acts, to clarify and amend duties of owners, directors and associations to each other, including definition of common expenses; protection of private information; bulk buyer rights; and, procedures for: restriction amendments, records access, financial reporting, assessment levy and collection, delinquent collection of assessments from tenants and resulting suspension of rights, payment of delinquent assessments, meeting notice, election procedures; and, disclosures to purchasers.
75. Supports recommendations to the Title Insurance Study Advisory Council concerning the providing and regulation of title insurance.”
76. Supports the treatment of assets in certain estate tax-planning irrevocable trusts under the Florida Trust Code as having been contributed by the settlor’s spouse as the lifetime beneficiary of the trust, and not by the settlor, including an amendment to F.S. 736.0505.
77. Supports clarification of the definition of “income” for calculating Veterans guardianship fees, including an amendment to §744.604, Fla. Stat.
78. Supports creation of a new statute, F.S. § 732.703, which would provide a rebuttable presumption that, upon the death of a Florida resident, a surviving former spouse would not inherit certain assets or accounts, including but not limited to life insurance, annuities, IRAs, transfer-on-death accounts and pay-on-death accounts, and would be treated as if they predeceased the decedent, subject to certain exceptions.
79. Supports legislation that would permit a challenge to certain property and inheritance rights that inure to a surviving spouse who procured a marriage by fraud, duress, or undue influence.
80. Supports legislation to clarify that two annual gift tax exclusion amounts are exempt from the claims of creditors of a trust beneficiary having a power to withdraw trust assets when contributions to the trust are made by a married person whose spouse makes a “split gift election” under the Internal Revenue Code.
81. Suppports legislation to clarify that a decedent’s will and revocable trust must be read together in determining the source of payment of administration expenses and obligations of the decedent’s estate, and the order in which gifts under a will and trust are appropriated to pay expenses and obligations if an estate is insolvent.
82. Supports amendments to F.S. § 736.0206 that: Deletes duplicative statutory provisions on court review of attorneys’ fees of trustees; deletes redundant notice provisions; and provides that in judicial proceedings to determine compensation for a trustee or person employed by a trustee, the court has discretion to award a reasonable expert witness fee from the assets of the trust unless it finds that the expert testimony did not assist the court.
83. Supports Legislation that would provide a surviving spouse with an election between a life estate interest or a tenancy in common interest in the homestead property which would also allow either the descendants or the surviving spouse to partition the property if necessary, including amendments to F.S. §§ 732.401 and 744.444(9).
84. Supports legislation that would clarify that forced descent of homestead property pursuant to F.S. § 732.401 does not apply to property which is held either as a joint tenancy with right of survivorship or as a tenancy by the entireties.
85. Supports legislation to clarify post-death disclaimers of homestead interests and provide for a defined result upon such a disclaimers, including amendments to F.S. §§ 732.401 and 732.4015.
86. Supports amendment of the Florida Trust Code to add new provisions limiting certain trustee fiduciary duties with respect to policies of insurance on the life of the settlor if the limitations are consented to by the settlor or the qualified beneficiaries of the trust; supports amendment of F.S. s. 518.112 to harmonize notice procedures under that statute with notice procedures in the Florida Probate Code and the Florida Trust Code.
87. Opposes amendment of Article II, §7 of the Florida Constitution (“Hometown Democracy”) that would remove a local government’s authority to adopt a local comprehensive plan, or amend a local comprehensive plan, without a vote by referenda by the general electorate.
88. Opposes the adoption of the Uniform Adult Guardianship and Protective Proceedings Act.
89. Supports legislation to allow a parent, legal guardian or legal custodian of a minor child to designate a health care surrogate to make health care decisions for the minor if the parent, legal guardian or legal custodian is not reasonably available.
90. Opposes any amendment to existing Florida law governing real property foreclosures unless those amendments carefully preserve and protect the property rights and due process rights of the holders of interests in or affecting Florida real property.
91. Supports legislation that would permit a self proving affidavit or oath of an attesting witness to a will to be admitted into evidence in a will contest to establish prima facie evidence of due execution and attestation of a will.
92. Supports amendment of F.S. §718.203, Florida Statutes, amending to add electrical elements to three-year warranty, extend subcontractor and supplier warranties to the contractor and to clarify start date for five-year warranty deadline set forth in F.S. §718.203(1)(e).
93. Opposes abolishment of causes of action for architect, engineer, surveyor and mapper professional negligence and other professional breaches of duty.
94. Supports repeal F.S. §689.262(2008), providing for disclosure of windstorm mitigation rating, including supporting an override of the veto of HB 545.
July 23, 2010
1. Supports amendments to §213.015 F. S. to delete the contingency in the current bill of rights and direct the Department of Revenue to implement all listed taxpayers’ rights through rulemaking.
2. Supports amendments to the taxpayer bill of rights to require the Department of Revenue, when auditing taxpayers, to look for both overpayments and underpayments and specifically require that the Department advise taxpayers of any overpayments and explain the taxpayer’s rights to recover the same by offset, refund or otherwise.
3. Supports amendments to the taxpayer bill of rights and appropriate refund statutes to allow purchasers to apply for and receive sales tax refunds directly from the Department. The Department would be required to look solely to the dealer, as its collection agent, for verification of remittance of taxes to the State.
4. Supports legislation to provide for accrual of interest from receipt of refund application with proviso that no interest is payable if the refund is paid within 90 days of filing of the refund application. Legislation also conforms handling of the other refund applications to current law governing corporate income tax overpayments, and changes interest rate payable on refunds paid by Department without audit and later determined to have been paid in error.
5. Supports legislation to simplify the venue statue for taxpayer actions to permit the filing of an action either in Leon County or in any other county in the state where the taxpayer is a resident or has an office, store or other fixed business location.
6. Supports amendments to the taxpayers’ bill of rights to require that the Department of Revenue maintain an index of judicial decisions and maintain this index in a form which taxpayers can utilize.
7. Supports legislation to allow taxpayers to submit evidence of the exempt status of a sale in litigation under Chapter 72 or Chapter 120, Florida Statutes, even if that evidence was not previously submitted to the Department of Revenue during audit or any informal protest proceeding.
8. Supports legislation granting Department of Revenue authority to promulgate administrative rules regarding bond waiver rulemaking authority.
9. Supports legislation to repeal the F.S. §193.1556 change of control notification requirement to property tax appraisers upon a change of ownership or control of an entity owning real property.
10. Supports amendments to the Florida Statutes that instill certainty in the labeling and effect of tax assessments and refund denials issued by the Florida Department of Revenue (“DOR”) so that documents intended by the DOR to be proposed assessments or proposed refund denials are clearly labeled as such, documents intended to be a final assessment or final refund denial are clearly labeled as “final,” and that a concise statement of taxpayer rights, including formal and informal administrative and judicial remedies available to challenge DOR’s actions, accompany each notice of assessment and notice of refund denial issued by DOR.
July 23, 2010
1. Opposes graduated filing fees in designated types of cases based upon the value of the claim, consistent with the State Courts System’s Seven Principles for Stabilizing Court Funding (January 2009) which specifies, in paragraph (e) that additional or increased filing fees should be considered, but only after an adequate review of the distribution of the current filing fee revenue has been made. The section continues its support for adequate court funding as a number one goal. The section supports additional filing fees that are constitutional, reasonable, and uniformly applied; however, it opposes any graduated filing fees whether they be for personal injury, family law, foreclosure, business litigation, tort actions, or probate cases.
Workers' Compensation Section
July 23, 2010
1. Supports any changes in the current workers' compensation law that would:
a. ensure the independence of the judges of compensation claims' ability to discharge the duties of their office in the adjudicatory process, including a reappointment process that promotes and ensures the independence of the judiciary; and
b. ensure the right of injured workers to have their cases reviewed by an Article V court.
2. Supports any legislation that would streamline and make more efficient the administration of justice in the workers' compensation system.
3. Supports any legislation that would further enforce the insurance coverage requirements of the Workers' Compensation Act.
4. Supports the elimination of exemptions to workers' compensation coverage within the construction industry.
5. Opposes the creation of a specialty panel of the First District Court of Appeal to exclusively hear workers' compensation appeals.
6. Supports legislation which promotes access to courts and the ability of employer/carriers, self-insureds and employees to obtain legal representation in the handling of workers' compensation claims.
7. Supports legislation which would ensure the independence of the Consumer Advocate within the office of the Chief Financial Officer.
8. Opposes legislation restricting the payment of attorney's fees - either to the attorney of the injured worker or to the attorney for the employer/carrier/self-insured.
9. Supports an increase in the salaries of Judges of Compensation Claims.
IV. DIVISION LEGISLATIVE POSITIONSJuly 23, 2010
1. Supports amendment to §§733.302 and/or 733.304, Florida Statutes, to expand the class of nonresidents who may be appointed to serve as a personal representative of a Florida domestic probate estate to include nonresident Florida Bar members.
July 23, 2010
1. Supports legislation to create reasonable financial student loan assistance for all government lawyers and legal aid attorneys who have served in that capacity for more than 3 years.