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.
May 01, 2023
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The Florida Bar
RULE PROPOSAL WOULD FACILITATE GREATER USE OF REMOTE TECHNOLOGY IN CERTAIN CRIMINAL PROCEEDINGS
The Florida Bar | Article | April 30, 2023
The Board of Governors will consider a proposed rule amendment later this month that would facilitate greater use of remote technology in certain criminal proceedings. The Criminal Procedure Rules Committee’s proposed amendment would require judges, absent a showing of good cause, to permit the use of remote technology in non-evidentiary hearings that last 30 minutes or less. Proponents say the current rule gives judges too much discretion to deny the use of remote hearings and has created a “lack of uniformity amongst not just the judicial circuits, but the judges.” The CPRC, which is made up of defense lawyers, prosecutors, and judges, voted 24-8 in January, with one abstention, to approve the proposed amendment. A staff analysis notes that the proposed amendment would bring Rule 3.116 (c) in line with Rule of General Practice and Judicial Administration 2.530(b)(1).
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Legislature
LEGISLATURE PASSES REVENUE CHANGES TO HELP COVER COURT CLERKS FUNDING SHORTFALL
Florida Politics | Article | April 29, 2023
Senators unanimously passed a measure (HB 977) to help shore up clerk funding shortfalls, which have caused them operational woes in recent years. While that funding source wouldn’t change under HB 977, the bill will allow clerk offices to keep about $24.1 million more per year from what they collect rather than sending it into the state General Revenue Fund. The bill also would change clerks’ budgeting from monthly to quarterly. Recent events and long-term analyses have revealed flaws in Florida’s funding model for its clerk offices, set in the Florida Constitution. The early months of the pandemic saw a nearly 50% drop in operating revenue. According to the Florida Court Clerks of Court Operations Corporation, the Clerk offices will operate with a $36.5 million funding gap between their needs-based budget and their current revenue-limited one this year.
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Legislature
FLORIDA LEGISLATURE APPROVES SETTLEMENT MONEY FOR SARASOTA RESIDENT INJURED BY COUNTY TRUCK
Sarasota Herald Tribune | Article | May 01, 2023
Sarasota County resident Kristin Stewart was jogging on a May afternoon in 2020 when a Sarasota County utility truck hit her from behind. The Florida Legislature is nearing passage of a bill that will allow Sarasota County to award Stewart $5.75 million in damages. The bill would also have to be signed by Gov. Ron DeSantis for it to take effect. In Florida, when an individual seeks more than $200,000 in damages from the state or from a local government, the Legislature must pass a claim bill allowing the payment. Stewart’s legal counsel and the county attorney agreed to a $5.95 million settlement right before a trial that was scheduled. The County Commission unanimously approved the settlement last May. Sarasota County has already paid Stewart $200,000 of the total sum, as it's allowed to do so without the Legislature's approval.
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Legislature
A BROWARD JUDGE SEES NO CONFLICT, BUT WE DO
Sun Sentinel | Column | April 30, 2023
Steve Bousquet of the Sun Sentinel writes: The case of Rod Velez v. Ron DeSantis was assigned to Circuit Judge Michael Robinson. The suit was filed by Velez who is challenging DeSantis’ December executive order in which the governor declared the seat vacant and appointed a replacement, Daniel Foganholi. In February, Robinson judge outrageously granted a change of venue motion by DeSantis to move the case to Tallahassee without a hearing, never giving Velez’s side a chance to be heard — “a denial of due process,” they argued. Later that day, Feb. 28, the judge vacated his own order. Then Velez’s lawyers filed a motion to disqualify the judge for that, and Robinson denied it. It’s obvious that a reasonable question exists about the judge’s impartiality. This is an important case, and it should be decided by someone other than Judge Michael Robinson
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Criminal Justice
PINELLAS JUDGE DENIES DEFENDANT’S USE OF MEDICAL MARIJUANA, SUGGESTS XANAX INSTEAD
Tampa Bay Times | Article | April 29, 2023
Judge Dorothy Vaccaro told a defendant in a misdemeanor DUI case that at her age she probably wasn’t suffering from post-traumatic stress disorder or cancer and, therefore, shouldn’t use medical marijuana. When the woman said she uses it to calm her anxiety, Vaccaro told her that anxiety wasn’t a sufficient reason to take the drug. Vaccaro advised the woman that she should instead consider Xanax, a drug that many consider more powerful, with widely known side effects. During the Jan. 12 hearing, Vaccaro ordered a drug test and threatened to arrest the woman without bond if she kept using marijuana. The judge said she might reconsider her decision if the woman got “all wiggy” on Xanax, or if another doctor wrote a letter in support of the woman using marijuana. The woman’s lawyer told the judge his client would get on Xanax.
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Criminal Justice
STATE SEEKS DEATH PENALTY FOR PLASTIC SURGEON IN MISSING LARGO ATTORNEY CASE
Tampa Bay Times | Article | April 28, 2023
Prosecutors have filed a notice that they will seek the death penalty for a plastic surgeon Tomasz Kosowski, who was indicted Thursday [April 27] on a first-degree murder charge in the death of a missing Largo attorney Steve Cozzi. In court records, prosecutors cited three aggravating factors from Florida statutes as reasons why they are seeking the death penalty: the crime was committed for monetary gain; the crime was “especially heinous, atrocious, or cruel”; and the crime was a homicide committed in “a cold, calculated, and premeditated manner.” Kosowski’s defense attorney, Bjorn Brunvand, said the death penalty is a “draconian” punishment and said the case remains in its early stages. Kosowski is being held at the Pinellas County Jail awaiting trial.
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Legal Profession
ST. LUCIE CLERK PROVIDES FREE ATTORNEY ASSISTANCE PROGRAM ON-SITE FOR RESIDENTS WHO NEED LEGAL ADVICE
WPBF 25 News | Article | April 29, 2023
The Treasure Coast is set to offer free legal advice to St. Lucie County residents. St. Lucie Clerk & Comptroller Michelle R. Miller said there is no income requirement to participate, but appointments are required. The program, which is called Ask an Attorney, is a new legal resource to assist residents who don't have a lawyer or cannot afford one. Starting May 4, the program will provide free 20-minute legal consultations with attorneys at the clerk's main office in downtown Fort Pierce every Thursday.
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Legal Profession
AI IS CHANGING HIRING PRACTICES, AND EMPLOYMENT ATTORNEYS ARE SOUNDING THE ALARM
Fox Business | Article | April 29, 2023
The introduction of souped-up large language models like OpenAI's ChatGPT is poised to change the way companies search for, screen and hire employees. This week, the EEOC joined the Consumer Financial Protection Bureau, the Department of Justice's Civil Rights Division and the Federal Trade Commission in issuing a joint statement warning that "although many of these [AI] tools offer the promise of advancement, their use also has the potential to perpetuate unlawful bias, automate unlawful discrimination and produce other harmful outcomes." FTC Commissioner Lina Khan has joined other regulators in warning employers that AI tools used for hiring can be discriminatory, and companies will be held liable if they violate anti-discrimination laws.