June 18, 2024

1. The Florida Bar

   IT’S ALL ABOUT ANNUAL CONVENTION ON THIS WEEK’S FLORIDA BAR NEWS BRIEFS

   The Florida Bar | Article | June 18, 2024

   The latest edition of Florida Bar News Briefs, a weekly podcast dedicated to what’s happening in the legal profession, and this week’s episode is all about the 2024 Annual Florida Bar Convention. The episode will cover the installation of Miami’s Roland Sanchez-Medina, Jr., as The Florida Bar’s 76th president and West Palm Beach’s Rosalyn Sia Baker-Barnes as president-elect highlighting the Annual Florida Bar Convention in Orlando that runs from June 19-22. It also includes a discussion of Florida Supreme Court Chief Justice Carlos Muñiz delivering the Annual State of the Judiciary address Thursday, June 20, in Orlando. And, the hosts will discuss the family friendly events and opportunities for adult celebrations at this year’s Annual Convention. Florida Bar News Briefs is a production of The Florida Bar Journal & News Department.

   Also in The Florida Bar News:

   • GOVERNOR MAKES TWO JUDICIAL APPOINTMENTS

   • BILL TO ENHANCE CONDO SAFETY MEASURES BECOMES LAW

   • GOVERNOR SIGNS MEASURE TO PRIORITIZE ‘SUPPORTED DECISION-MAKING’ WHEN APPOINTING GUARDIANS FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

2. Legal Discipline

   MIAMI-DADE CIRCUIT JUDGE ALBERTO MILIAN COULD FACE REPRIMAND

   News Service of Florida | Article | June 17, 2024

   Miami-Dade County Circuit Judge Alberto Milian could face a public reprimand after an investigation concluded that he improperly commented on a motion to disqualify him from a case. An investigative panel of the Florida Judicial Qualifications Commission recommended a reprimand for Milian, according to documents posted Monday [June 17] on the Florida Supreme Court website. The panel said Milian violated a judicial rule last year when he disputed allegations that were part of a motion for disqualification. Milian also faced a similar accusation because of a 2016 incident. The panel’s recommendation said that when a judge comments on allegations in a motion to disqualify, “it ultimately places the judge in an adversarial position to the party, litigant, or lawyer filing the motion.”

3. The Florida Bar

   MACCABEE BAR ASSOCIATION GROUP FORMS IN TAMPA

   Jewish Press of Tampa | Article | June 17, 2024

   Last month, the Tampa chapter of a new statewide organization that supports Jewish causes – the Maccabee Bar Association – held a meet and greet for Tampa attorneys at the offices of Shutts and Bowen. The Maccabee Bar Association, was formed two years ago by Orlando attorney Gary Salzman. In a Florida Bar News article, Salzman explained that two years ago he wondered why there wasn’t a vehicle for Jewish lawyers to celebrate their heritage, educate the public and promote good works, just like other groups do under the Florida Voluntary Bar umbrella. Maccabee Bar Association board member Samuel Moore noted that the Maccabee group is open to all Florida Bar members regardless of religion.

4. United States Supreme Court

   ‘THE BIG WINNERS’: A SCOTUS MOVE IS GOOD NEWS FOR THIS FLORIDA ENTITY

   Daily Business Review | Article | June 17, 2024

   The U.S. Supreme Court has declined to hear a case challenging the Seminole Tribe of Florida’s monopoly on online sports betting in Florida. This decision to reject the case, which was announced after a private conference, allows online sports betting to continue unchallenged in the state until 2051, and could spell more work for lawyers in the coming months and years, according to one South Florida attorney. The case, filed by West Flagler Associates Ltd., argued the tribe’s monopoly was unfair. But the plaintiffs were unsuccessful in lower court challenges and appeal court decisions.  In West Flagler Associates Ltd. v. Haaland, two pari-mutuel sports-betting operators sought to challenge the Seminole Tribe of Florida’s compact with Florida, approved by an 18-1 state legislative referendum vote. The pari-mutuel companies argue that allowing off-tribal property sports bets violates the 2018 constitutional amendment. This amendment stipulates that any authorization of casino gambling under Florida law must be approved by state voters.

5. Civil Justice

   FLORIDA’S THIRD DCA VACATES $1.5M ARBITRATION AWARD AGAINST MIAMI LAW FIRM

   Daily Business Review | Article | June 17, 2024

   Florida’s Third District Court of Appeal vacated a $1.5 million arbitration award against a Miami law firm, finding that after a trial court vacated the award and a successor court confirmed the award on a motion for reconsideration, the successor court abused its discretion. Lawyers for the appellant, the Ferraro Law Firm, say the ruling set an important precedent, reaffirming that arbitrations must be fundamentally fair, to ensure that participants receive notice and an opportunity to be heard on the claims against them. Royal Merchant Holdings LLC brought an arbitration complaint against Ferraro for legal malpractice on various grounds. Royal Merchant prevailed in the arbitration proceedings; however, Miami-Dade Circuit Judge William Thomas vacated the award, siding with Ferraro’s arguments that the arbitrator’s actions were fundamentally unfair and amounted to due process deprivation. In response, Royal Merchant moved for reconsideration and Thomas’ successor, then-Miami-Dade Circuit Judge Alan Fine, granted the motion, vacated Thomas’ order and confirmed the arbitration award in its entirety, court records show.

6. Civil Justice

   FLORIDIANS WITH DISABILITIES HAVE A NEW LEGAL PATHWAY TO MAKE THEIR OWN DECISIONS

   Florida Phoenix | Article | June 17, 2024

   For years, Democratic Rep. Allison Tant of Tallahassee has tried to pass a law so other parents don’t have to make the same decision she did: Put their adult children with disabilities under guardianship. Gov. Ron DeSantis signed that law on Friday [June 14], establishing a new legal pathway for Floridians with disabilities to remain autonomous while letting “supporters” obtain information on the person’s behalf and communicate their wishes. So-called “supported decision-making” will function as a kind of power of attorney, and judges will have to consider such agreements before putting anyone with a disability under a guardianship, which heavily restricts what a person can do on their own. “If a supporter abused or took advantage of a person with disabilities, there would be penalties, and so by putting it in the power of attorney statute, those penalties apply for anyone who abuses them,” Tant said in a phone interview with Florida Phoenix.

7. Judiciary

   DESANTIS APPOINTS FDLE ATTORNEY AS LIBERTY COUNTY JUDGE

   Tallahassee Democrat | Article | June 17, 2024

   Chris Bufano, an attorney for the Florida Department of Law Enforcement has been named the next judge in Florida’s Big Bend. Gov. Ron DeSantis appointed Bufano, of Bristol, to serve as Liberty County judge, according to a Monday [June 17] press release from the governor’s office. Liberty County is part of the capital region’s 2nd Judicial Circuit, which also includes Franklin, Gadsden, Jefferson, Leon and Wakulla counties. County judges handle citizen disputes such as violations of municipal and county ordinances, traffic offenses, landlord-tenant disputes, misdemeanor criminal matters, and monetary disputes up to and including $15,000. Bufano replaces Judge Kenneth Hosford, who retired amid a judicial misconduct investigation. He has served as a deputy general counsel for FDLE since 2022, the release said, adding he previously was an assistant state attorney in the 18th Judicial Circuit (Brevard and Seminole counties).