June 01, 2023

1. The Florida Bar

   STROUF TO HOST SEABC MENTORING WORKSHOP AT ANNUAL FLORIDA BAR CONVENTION

   The Florida Bar | Article | June 01, 2023

   The Student Education and Admission to the Bar Committee (SEABC) is teaming up with the Henry Latimer Center for Professionalism for an innovative and interactive workshop for the 2023 Annual Florida Bar Convention later this month. “Rethinking How Mentors Communicate” will be offered as a CLE during SEABC’s meeting June 23 from 11 to noon at The Boca Raton. The workshop will utilize improv exercises to simulate barriers to communication that impact the success of the mentor-mentee relationship. The June CLE is open to all members of the Bar who are also welcome to attend the SEBAC meeting following the workshop. This dynamic educational opportunity will be hosted by SEABC Chair Jennifer Hope Strouf, an expert in criminal trial law earning her Florida Bar Board Certification in Criminal Trial. Space is limited and registration is required.

   Also in The Florida Bar News:

   • AS HURRICANE SEASON GETS UNDERWAY, THE 20TH CIRCUIT REFLECTS ON IAN

   • JUNE 1, 2023 DISCIPLINARY ACTIONS

2. Legal Discipline

   ‘MY PLEA WAS COERCED. I NEVER THREATENED ANYBODY’: 9 FLORIDA LAWYERS DISCIPLINED

   Daily Business Review | Article | June 01, 2023

   From March 30 to April 28, 2023, the Florida Supreme Court issued disciplinary actions against nine attorneys, based on the orders of The Florida Bar. These actions involved three disbarments, two disciplinary revocations, three suspensions, and one public reprimand. One attorney, Alex Barnett, expressed dissatisfaction after pleading nolo contendere to written threats charges. The Florida Bar disciplined Bander for accepting money without informing clients, while Miami attorney Mark Alan Kamilar consented to a public reprimand for a conflict of interest between two clients. Tampa attorney Brian P. Rush was suspended for three years for misconduct in an eminent-domain case. Hollywood attorney Dick Rongtzu Lee received disciplinary action for trust account violations, and Tampa attorney Kathleen Lynn Smades faced suspension and substance abuse treatment requirements following DUI charges.

3. Legal Profession

   A BUSY YEAR WITH THE FLORIDA BAR BOARD OF GOVERNORS

   Jacksonville Daily Record | Column | June 01, 2023

   Craig Shoup writes: “Over the past year I have been fortunate enough to serve as a liaison to The Florida Bar Board of Governors under the appointment of President Gary Lesser. I suggested that when The Florida Bar came up with programs and ideas that they want the local voluntary Bars to be a part of that there should be an executive director from a local Bar at the table. Lesser thought that was an interesting idea and asked me to sit at the table with The Florida Bar Board of Governors. With support from the Jacksonville Bar Association Board of Governors, I was able to accept the appointment. It was a busy year serving on the Program Evaluation Committee and assisting the Communications Committee. It has been a privilege and honor to represent the JBA on the state board this year and represent voluntary Bars around the state.”

4. Florida Supreme Court

   FAU COVID SHUTDOWN CASE GOES TO FLORIDA SUPREME COURT

   News Service of Florida | Article | May 31, 2023

   A lawsuit related to the closure of Florida Atlantic University (FAU) during the early stages of the COVID-19 pandemic has reached the state Supreme Court. The lawsuit, filed by students, alleges that the university breached contracts by shutting down and seeks refunds. However, the 4th District Court of Appeal dismissed the case, stating that there was no explicit written contract between FAU and the plaintiffs. Similar cases against other Florida institutions, including the University of Florida, Florida A&M University, Miami Dade College, and Florida International University, were also rejected by appellate courts. However, the University of South Florida’s request to dismiss a potential class-action lawsuit was denied by the 2nd District Court of Appeal. The notice filed for the FAU case at the Supreme Court did not provide detailed arguments.

5. Legislature

   GOV. DESANTIS SIGNS BILL DOUBLING CAP ON HOUSE-HARDENING GRANTS

   Florida Politics | Article | May 31, 2023

   Starting July 1, Florida homeowners can receive up to $10,000 in grants to upgrade their windows, doors, and other home-hardening measures with impact-resistant materials. Governor Ron DeSantis signed a measure that doubled the grant funding and expanded eligibility statewide. The program, available through MySafeFLHome.com, aims to help homeowners protect their properties against wind damage. The $100 million allocated to the program can fund at least 10,000 grants on a first-come, first-served basis. Homeowners must contribute $5,000 of their own funds toward the project to receive the maximum grant amount. Eligible improvements include reinforcing roof-to-wall connections, strengthening roof deck attachments, creating secondary water barriers, and installing impact windows and doors. Additionally, impact-resistant doors, garage doors, and windows are exempt from state sales tax until June 30, 2024. The program also offers free home inspections and potential insurance rebates for qualifying upgrades.

6. Civil Justice

   FLORIDA SEEKS TO END FAMU CLASS-ACTION DISCRIMINATION CASE

   News Service of Florida | Article | May 31, 2023

   On Thursday [June 1], U.S. District Judge Robert Hinkle will hear arguments regarding a potential class-action lawsuit against Florida A&M University (FAMU) that alleges discrimination in funding and programs. The lawsuit, filed by six FAMU students, claims that state practices violate the Equal Protection Clause and Title VI of the U.S. Constitution. The suit accuses Florida of maintaining a racially discriminatory higher education system that perpetuates segregation and hinders FAMU’s progress. The state’s attorneys will argue for the case’s dismissal, stating that the policies in question are not traceable to legally sanctioned segregation and lack segregative effects. The lawsuit addresses issues such as program duplication with Florida State University and the impact of the state’s performance-based funding system. The defendants include the state, Governor Ron DeSantis, and various education boards and officials.

7. Civil Justice

   JUDGE SUPPORTS FLORIDA ATTORNEY GENERAL ASHLEY MOODY IN FIGHT OVER OPIOID SETTLEMENT

   News Service of Florida | Article | May 31, 2023

   A Leon County circuit judge has upheld Attorney General Ashley Moody’s authority in settlements related to the opioid epidemic, rejecting arguments from public hospital districts and school boards. Judge John Cooper ruled that Moody had the power to enter settlements that superseded lawsuits pursued by local government agencies. The ruling emphasized that the attorney general was granted the authority to enforce consumer protection laws by the Legislature. Several local agencies, including the Miami-Dade County School Board and the Putnam County School Board, filed an appeal after the ruling. The settlements, estimated to total around $3 billion over several years, aim to address the opioid crisis collectively and jeopardize the flow of funds if subordinate claims continue.

8. Civil Justice

   JUDGE SCHEDULES SECOND HEARING ON REQUEST TO HALT NEW TRANSCARE LAW, RULES

   Florida Politics | Article | May 31, 2023

   U.S. District Judge Robert Hinkle has scheduled a second hearing on June 1 at 2 p.m. for a lawsuit challenging new Florida state medical board rules and a law that prohibit minors from receiving gender-affirming care and impose penalties on physicians who violate the ban. The lawsuit argues that these measures violate parents’ rights and deny equal protection. The hearing will consider a motion for a temporary injunction to halt the rules and parts of the law. The first hearing was held on May 19, shortly after the law was signed, and the plaintiffs’ attorneys subsequently amended the motion to include a hold on the penalties.

9. Civil Justice

   BATTLE OF CONSTITUTIONS LOOMS IN FLORIDA REDISTRICTING CASE

   News Service of Florida | Article | May 31, 2023

   A hearing is scheduled for June 5 before Leon County Circuit Judge J. Lee Marsh to determine whether attorneys for Secretary of State Cord Byrd and the Legislature can argue that a disputed portion of the Fair Districts amendment is invalid under the U.S. Constitution. The lawsuit challenges a redistricting plan pushed through by Governor Ron DeSantis in April 2022. Filed by a coalition of voting-rights groups and individual plaintiffs, the lawsuit alleges that the plan violates the 2010 Fair Districts constitutional amendment. The amendment aims to prevent the diminishment of minority voting power. Attorneys for the state argue that applying the amendment to Congressional District 5 would violate the Equal Protection Clause. The plaintiffs’ attorneys assert that the “public official standing doctrine” prevents the state from challenging the constitutionality of its legal duty.