June 02, 2023

1. The Florida Bar

   BILL TO ENHANCE PENALTIES FOR THREATENING COURT PERSONNEL SENT TO THE GOVERNOR

   The Florida Bar | Article | June 02, 2023

   Gov. Ron DeSantis is expected to act soon on a bill that would make it a crime to threaten a justice, judicial assistant, and other court personnel with death or “serious bodily injury.” The bill was sent to DeSantis last week. He has until June 7 to sign it, veto it, or allow it to become law without his signature. The measure would add justices, judicial assistants, court clerks, and court clerk personnel — and their respective family members — to an existing law that makes it a crime threaten police, firefighters, public officials, and others. The bill would also make it a crime to harass a judge, justice, judicial assistant, or court clerk with the intent to “intimidate or coerce them” into performing, or refraining from performing, their lawful duties.

   Also in The Florida Bar News:

   • ATTORNEY GENERAL MOODY RELEASES 2023 HURRICANE PREPAREDNESS GUIDE

   • AMENDMENTS MAY LEAD TO ALL E-VOTING IN BAR ELECTIONS

2. The Florida Bar

   FLORIDA BAR PRESIDENT CHAMPIONS NEW MENTORSHIP PROGRAM FOR ATTORNEYS

   Daily Business Review | Article | June 01, 2023

   Gary Lesser, the current president of The Florida Bar, has introduced Counsel to Counsel, a mentorship program aimed at supporting newly graduated attorneys. The program utilizes innovative technology to match mentors with mentees and will officially launch in September. It offers coursework to enhance the program’s value and is specifically designed for attorneys with three years of experience or less, working in small law firms or facing unemployment. The Florida Supreme Court fully supports this initiative. Mentees benefit from guidance and networking opportunities, leading to increased pay, responsibility, and happiness. Mentors gain fresh perspectives from younger attorneys. The program runs for nine months, with milestones and practical coursework. Interested individuals can sign up and complete a survey to select their top mentor choices. The goal is to establish lasting relationships that extend beyond professional activities by considering both personal and professional interests during the matching process.

3. The Florida Bar

   BOECKMAN, FACKLER APPOINTED TO THE FLORIDA BAR FOUNDATION BOARD

   Jacksonville Daily Record | Article | June 01, 2023

   Jacksonville attorneys Laura Boeckman and Katie Fackler have been appointed to The Florida Bar Foundation board of directors. Boeckman, appointed by the state Supreme Court, will serve the remainder of a three-year term ending in 2024. She has a background in public interest law and previously chaired the Bar’s Public Interest Law Section. Fackler, appointed by The Florida Bar board of governors, will serve the remainder of an unfilled term until 2025. She has experience in bankruptcy law and was formerly a partner at the Akerman law firm. The Florida Bar Foundation is a nonprofit organization established in 1956 to support law-related public interest programs and improve access to justice through grant funding for civil legal aid organizations and projects.

4. Florida Supreme Court

   FLORIDA SUPREME COURT TURNS DOWN REQUEST FROM PARKLAND PARENTS

   News Service of Florida | Article | June 01, 2023

   On Thursday [June 1], the Florida Supreme Court rejected a request made by the parents of a victim in the Parkland school shooting to consider a potential lawsuit against gun manufacturer Smith & Wesson and a gun seller. Fred and Jennifer Guttenberg, whose daughter was among the victims, sought clarification on whether a state law shields gun makers and sellers from such lawsuits. They wanted to avoid potential financial consequences if they pursued legal action and later discovered the gun businesses were protected. The request for a declaratory judgment was previously dismissed by a Broward County circuit judge and the 4th District Court of Appeal.

5. Legal Discipline

   EX-FLORIDA SUPREME COURT JUSTICE URGES FORMER COLLEAGUES TO READMIT DISBARRED MIAMI LAWYER

   Miami Herald | Article | June 01, 2023

   William Castro, a disbarred Florida attorney involved in a corruption scandal in the 1990s, has submitted a petition seeking readmission to The Florida Bar. The state Supreme Court, however, dismissed his motion without explanation in May. Castro has now enlisted the support of Raoul Cantero, a former member of the Supreme Court, to advocate for his readmission. Cantero said that he has witnessed Castro’s transform into a humble man who has dedicated himself to community service and advocating for at-risk children. Despite Castro’s impeccable conduct and rehabilitation after his disbarment, the Supreme Court denied his readmission in 2012. Castro and Cantero argue that it is time for Florida to reconsider and give him a chance to be considered for readmission on the merits.

6. Legislature

   GROUP PUSHING FOR RECREATIONAL MARIJUANA IN FLORIDA CLEARS A KEY HURDLE

   News Service of Florida | Article | June 02, 2023

   The Smart & Safe Florida political committee has gathered over 967,000 valid signatures for a proposed constitutional amendment to legalize recreational marijuana in Florida. This surpasses the required number of signatures needed to place the initiative on the 2024 ballot. However, the proposal still needs approval from the Florida Supreme Court, which has previously rejected recreational marijuana initiatives. The court will review the measure to ensure it addresses a single subject and is clear to voters. Attorney General Ashley Moody has indicated she will argue against the measure’s legal requirements. Trulieve, the largest medical marijuana operator in the state, has contributed over $38 million to the effort. The amendment needs 60% voter approval to pass.

7. Civil Justice

   JUDGE SIDES WITH MOODY OVER HOSPITAL DISTRICTS AND SCHOOL BOARDS IN OPIOID SETTLEMENT FIGHT

   News Service of Florida | Article | June 01, 2023

   Florida Attorney General Ashley Moody has been granted the authority to enter settlements that override local lawsuits related to the opioid epidemic, according to a ruling by Leon County Judge John Cooper. The ruling rejects arguments from public hospital districts and school boards. Cooper stated that the attorney general has the power to enforce consumer protection laws and enter settlements that prevent separate claims by local government agencies. The ruling emphasized the collective harms caused by the opioid crisis and the need for statewide and local solutions. Moody’s office filed a lawsuit against several local agencies, and the settlements are expected to result in companies paying approximately $3 billion over several years for opioid treatment and prevention services.

8. Civil Justice

   JUDGE GREEN LIGHTS FAMU STUDENTS’ LAWSUIT ALLEGING RACIAL DISCRIMINATION IN STATE FUNDING

   Tallahassee Democrat | Article | June 02, 2023

   U.S. District Judge Robert Hinkle has allowed a lawsuit alleging racial discrimination in the funding and management of Florida A&M University (FAMU) to proceed against Governor Ron DeSantis and education officials. The suit, filed by six FAMU students, claims that underfunding is a form of segregation rooted in historical state policies. Judge Hinkle rejected a motion to dismiss and gave the students 30 days to amend their complaint with additional data supporting their allegations. The lawsuit names DeSantis, the state university system Board of Governors, Chancellor Ray Rodrigues, Education Commissioner Manny Diaz Jr., and the State Board of Education as defendants. The students argue that the funding disparity prevents FAMU from offering programs, attracting students, and maintaining its campus properly.

9. Legal Profession

   STATE ATTORNEY’S OFFICE HONORS ROOKIES OF THE YEAR

   Jacksonville Daily Record | Article | June 02, 2023

   The State Attorney’s Office unveiled a wooden plaque featuring the names of 43 individuals who were recognized as the “Rookie of the Year” over 32 years. U.S. District Judge Brian Davis praised the list as a compilation of the legal community’s finest contributors. The plaque, unveiled at a ceremony attended by over half of the past winners, aims to honor members of a new prosecutorial class and promote excellence. State Attorney Melissa Nelson faced challenges in compiling the list, but through conversations and stories, the puzzle was pieced together. The 2022 recipients of the award were assistant state attorneys Jennifer Braunstein and Jalisa Curtis, both of whom expressed gratitude and pride in joining the esteemed group.