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Daily News Summary

The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.

November 04, 2019

  1. The Florida Bar

    CAN A NON-BAR MEMBER REMOTELY PRACTICE LAW FROM FLORIDA?

    The Florida Bar | Article | November 04, 2019

    The Daily News Summary features Florida Bar News stories on a mother representing her disabled child in administrative appeal, raising money for Meals on Wheels, and non-Bar members remotely practicing law from Florida. The Bar’s Unlicensed Practice of Law Standing Committee has agreed to consider if an out-of-state licensed lawyer and non-Bar member who moves to Florida is engaged in the unlicensed practice of law when he works remotely for his out-of-state clients from his Florida home and his practice in another state that does not represent any Florida residents or address Florida law at a public hearing in February during the Bar’s Winter Meeting.

  2. Civil Justice

    DESTIN SUED OVER PUBLIC RECORDS

    Northwest Florida Daily News | Article | November 02, 2019

    A lawsuit filed against the city of Destin alleges officials violated the state’s Sunshine Law by failing to produce text messages between city staff and elected officials. Attorneys representing Pointe Mezzanine LLC, state in an Oct. 7 court filing that on May 30 their client had requested multiple public records from the city of Destin, including internal communications. The city filed two documents of its own Wednesday [Oct. 30] confirming that no text messages were furnished in complying with the condominium owner’s request for public records but denies any wrongdoing.

  3. Judiciary

    BRILLIANT, CONTROVERSIAL SOUTH FLORIDA JUDGE IS RETIRING

    Law.com | Article | November 01, 2019

    U.S. Bankruptcy Judge John K. Olson will retire on Feb. 9, 2020, after a 14-year term on the Southern District of Florida bench in Fort Lauderdale. In a 2013 amicus brief to the U.S. Supreme Court, Olson wrote in support of Edith Windsor, whose legal fight for federal benefits for same-sex couples resulted in a landmark ruling. Olson holds a bachelor’s degree in history from Harvard University, where he graduated magna cum laude, and a law degree from Boston College of Law. He chaired The Florida Bar’s Business Law Section.

  4. Criminal Justice

    RACKETEERING LAWSUIT AGAINST ADA LAWYERS SURVIVES MOTION TO DISMISS

    Westworld | Article | November 04, 2019

    On Oct. 23, a federal judge in Colorado denied a motion to dismiss a lawsuit that claims Colorado and Florida lawyers engaged in a fraudulent conspiracy to file an Americans with Disabilities Act complaint on behalf of a Florida man named Santiago Abreu against Michael Abbondanza, the owner of Riverbend Eatery in Bailey, Colorado. Abbondanza’s attorney filed the suit in federal court in February, alleging that four lawyers — Jason Weiss and Peter Leiner from Florida, and Brett Huff and Richard Leslie from Edgewater — engaged in criminal racketeering and conspiracy, among other charges, by bringing an ADA claim that they knew was fraudulent on Abreu’s behalf.

  5. Civil Justice

    FACIAL RECOGNITION SOFTWARE SPARKS TRANSPARENCY BATTLE

    Law360 | Article | November 03, 2019

    In September 2015, Jacksonville police used a blurry cellphone photo to identify and arrest Willie Allen Lynch for selling $50 worth of crack cocaine. Lynch unsuccessfully appealed his conviction and eight-year prison sentence based on arguments that police improperly failed to disclose details surrounding the use of facial recognition technology in his arrest. The American Civil Liberties Union’s Criminal Law Reform Project filed an amicus brief in Lynch’s appeal. In July, the Florida Supreme Court chose not to hear Lynch’s further appeal of his conviction.  Privacy and social justice advocates are fighting to limit or ban police use of the technology because of bias and transparency concerns.

  6. Civil Justice

    TAMPA WILL ASK FEDERAL APPEALS COURT TO REINSTATE BAN ON CONVERSION THERAPY

    Tampa Bay Times | Article | November 02, 2019

    Tampa City attorneys on Friday [Nov. 1] filed a notice of appeal in federal court, a first step toward asking an appellate court to overturn a U.S. district judge’s decision on Oct. 4 to strike down a citywide ban of conversion therapy. U.S. District Judge William Jung overturned the 2017 ban saying that it conflicts with a patient’s right to privacy and a parent’s right to choose health care for their children.

  7. Civil Justice

    CHANGE TO FLORIDA LAW WILL ALLOW VICTIMS TO FILE INJUNCTIONS FOR PROTECTION ONLINE

    ABC7 | Article | November 01, 2019

    Right now, victims of domestic violence must go to the courthouse to file a restraining order, but a change in Florida law will make it possible for victims to file injunctions for protection online beginning in January 2020. The Hillsborough County Clerk of Court is already working on an online portal for victims to use and will be the first in the state to try out the new, online system.

  8. Judiciary

    BILL CERVONE SAYS HE WILL NOT SEEK REELECTION

    Gainesville Sun | Article | November 01, 2019

    Eighth Circuit State Attorney Bill Cervone, who has held the post since his first election in 2000, said Friday [Nov. 1] he will not seek another term next year. The circuit is composed of Alachua, Baker, Bradford, Gilchrist, Levy and Union counties.  The decision ends speculation in the circuit’s legal community and will now open the door for others who did not want to challenge Cervone. He cited his work with both crime victims and defendants as the most rewarding part of the job.

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