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.
January 26, 2022
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The Florida Bar
FLORIDA GUARDIANSHIP JURISDICTION ACT CLEARS THE SENATE JUDICIARY COMMITTEE
The Florida Bar | Article | January 26, 2022
SB 1032 by Sen. Danny Burgess, R-Zephyrhills, would create the “Florida Guardianship Jurisdiction Act,” which is based on the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act developed by the Uniform Law Commission. It passed 9-0 over the objections of the Real Property, Probate and Trust Law Section. The Elder Law Section supports the measure. Burgess said the bill does nothing to impact Florida’s current “robust guardianship laws” and only comes into effect when disputes arise over jurisdiction involving other states. A similar bill, HB 845 by Rep. Traci Koster, R-Safety Harbor, has not been heard in the House.
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Civil Justice
FORT LAUDERDALE COMPANY HID DEFECTS IN GLUCOSE TESTS THAT CAUSED PREGNANT WOMEN TO LOSE BABIES, SUIT CLAIMS
Sun Sentinel | Article | January 25, 2022
Trividia Health Inc., a Fort Lauderdale-based manufacturer of blood glucose testing products knowingly distributed defective test strips that delivered inaccurate results and created health problems for patients with diabetes, a federal lawsuit claims. The suit, which recently transferred to the Southern District of Florida in Fort Lauderdale, seeks damages under federal and state False Claims Acts, and reimbursement of money that it claims Trividia earned from federal and state-run health insurance programs.
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Criminal Justice
JOEL GREENBERG FRIEND AND FORMER EMPLOYEE TO PLEAD GUILTY IN FEDERAL COURT
Orlando Sentinel | Article | January 26, 2022
Joe Ellicott — a close friend of disgraced Seminole County Tax Collector Joel Greenberg and a former radio talk show host — agreed to plead guilty to conspiracy to commit wire fraud and distribution of a controlled substance, according to the U.S. Attorney’s Office. According to court documents, Ellicott admitted to agreeing to pay bribes to a public official and pled guilty to illegally selling Adderall.
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Criminal Justice
FORMER SRSO LIEUTENANT TAKEN INTO FEDERAL CUSTODY FOR ALLEGEDLY DEFRAUDING ELDERLY WOMAN
Pensacola News Journal | Article | January 25, 2022
A former Santa Rosa County Sheriff’s Office deputy, Scott Haines was taken into custody by federal authorities this week after an FBI investigation found evidence that he’d financially manipulated an elderly Santa Rosa County woman, according to court documents. Haines has been charged with five federal crimes — four counts of fraud by wire, radio, or television and a fifth criminal charge related to false, fictitious and fraudulent statements. A date for his trial in federal court has been set for March 7.
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Criminal Justice
‘GROSSLY OVERCROWDED’: LEON COUNTY JAIL NEARS CAPACITY AMID COVID SURGE, INMATES SENT TO NEIGHBORING COUNTIES
Tallahassee Democrat | Article | January 26, 2022
The number of people detained inside the Leon County Detention Facility is so high, some have been transferred to neighboring jails in recent months to alleviate congestion, especially amid a surge of COVID-19 cases that’s caused a lockdown. As of Thursday [Jan. 20] there were 1,173 people in custody inside the detention facility — not counting those in other facilities who were already moved. The jail typically holds anywhere between 1,000 and 1,050 people at a time marking a more than 17 percent increase in recent months.
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Judiciary
FLORIDA JUDGE UNDER FIRE FOR CITING ‘POOR GRADES’ AS REASON TO DENY 17-YEAR-OLD AN ABORTION
Newsweek | Article | January 25, 2022
Judge Jared E. Smith of the Hillsborough County Circuit Court ruled that the girl, identified in court documents as “Jane Doe,” wasn’t mature enough and did not have a GPA above 2.0 to receive a “judicial bypass.” The bypass would allow Doe to receive an abortion without her parents’ approval. Two judges on a three-person appeals court panel—Darryl Casanueva and Susan Rothstein-Youakim—overturned Smith’s decision. Casanueva criticized Smith’s reasoning in his majority ruling.
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Judiciary
JURY DUTY SCAMS EMERGE ACROSS FLORIDA
| Article | January 25, 2022
Tuesday [Jan. 25], Florida Attorney General Ashley Moody released a warning about a recent surge in jury duty scams across the state. According to reports, at least five counties have warned of jury duty scams in the past year—including two warnings already in 2022. Those counties are Citrus, Collier, Lake, Polk and St. Johns. The scam involves an imposter contacting a resident and claiming the resident missed jury duty and must pay a fine. The imposter then claims if the fine isn’t paid immediately, the citizen may be arrested or forced to pay late fees.
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Legal Profession
DENIED: $127,000 IN FEES IN SOUTH FLORIDA DECISION THAT SENDS ‘MESSAGE TO PLAINTIFF ATTORNEYS’
Daily Business Review | Article | January 25, 2022
A federal district court judge in Miami denied nearly $127,000 in attorney fees for Palm Beach County attorney Daniel R. Levine in what the litigator called in legal documents a borderline “frivolous” dispute. Levine said the ruling by U.S. District Judge William P. Dimitrouleas, who sits in the Southern District of Florida, might have been supported by case law, but it left plaintiff lawyers with a troubling takeaway that could have ramifications on future litigation.
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Wellness Wednesday
STRESS MAY BE YOUR HEART’S WORST ENEMY
The Florida Bar | Article | January 26, 2022
Psychological stress activates the fear center in the brain, setting into motion a cascade of reactions that can lead to heart attacks and strokes. Chronic psychological stress, recent studies indicate, may be as important — and possibly more important — to the health of your heart than the traditional cardiac risk factors.