Florida Bar Journal

Annual Reports of Florida Bar Sections and Divisions

Administrative Law

The Administrative Law Section had another great year thanks to the work of the section members and executive council. The section started the year on a good note by adding Daniel Nordby and Michael Cooke to the executive council. Michael Cooke is general counsel at the Florida Public Service Commission and chairs the section’s Public Utility Law Committee. Daniel Nordby practices at Ausley McMullen, P.A., and chairs the section’s Web page committee. Through Daniel’s good work the section has improved its Web page and plans more improvements. We also welcomed Cathy Sellers as the section’s new treasurer and Rhonda Chung DeCambre Stroman as our YLD liaison. And Larry Sellers was tricked yet again into serving as our Board of Governors liaison.

The executive council voted to move to a bi-annual schedule for the Pat Dore Administrative Law Conference, and, therefore, the conference was not held in the 2007-2008 year. Expect the conference to be back in October 2008. Conference Chair Seann Frazier and CLE Chair Scott Boyd will certainly put on an excellent program. This year the section teamed up with the Environmental and Land Use Law Section to produce the very popular Practice Before DOAH CLE. We had tremendous attendance thanks to the efforts of Scott Boyd, Wellington Meffert, the many speakers and “actors,” and the ELULS folks. This CLE takes many hours of preparation and the section greatly benefits from the hard work of all the volunteers. And special thanks go to Chief Judge Bob Cohen and the DOAH staff for hosting the mock hearing. Continuing the section’s series of practice-based CLEs, Michael Cooke and Cindy Miller chaired the Practice Before the PSC CLE in January 2008. This CLE was very well attended thanks to their hard work.

This year the section added a new legislative position stating that the section “[s]upports adequate funding of DOAH and other existing state administrative dispute resolution forums in order to ensure efficient resolution of administrative disputes.” This new legislative position grew out of broader concerns by The Florida Bar over adequate funding for the courts. Our Legislative Committee of Bill Williams, Linda Rigot, and Wellington Meffert continues to monitor legislation and works to protect the core principals of Ch. 120 that all APA lawyers value.

At the executive council retreat this year, the council voted to develop a pro bono project to help clients with hearings involving the Agency for Persons with Disabilities. The section will be working with legal aid attorneys to provide training on how to try a case at DOAH, and developing a referral system to provide pro bono representation to indigent clients who have been denied services.

At the retreat, the section also began a project to develop recommendations for proposed amendments to the Florida Rules of Appellate Procedure related to administrative proceedings. Administrative Law Judge Linda Rigot is leading a committee of long-time administrative law practitioners who will draft proposed amendments.

After years of service, Elizabeth McArthur stepped aside as editor of the section newsletter to focus on her duties as chair-elect of the section. While Elizabeth’s stewardship of the newsletter will be missed, Donna Blanton has taken over as editor and is continuing the tradition of turning out excellent newsletters.

Andy Bertron, Chair

Appellate Practice
Who’s your appellate lawyer? If you have one, chances are they are members of the Appellate Practice Section. If you don’t, the Appellate Practice Section is the first place to look. Serving the interest of all practitioners with an interest in appellate law and practice, the section serves the needs of appellate lawyers and judges alike. From the presentation of seminars and the publication of articles to the sponsorship of events facilitating the interaction between the Bar and the bench, the section provides services to 1,300 lawyers across Florida. And we throw a good party as well!

This year, our section is very proud of the completion of our most ambitious and important project to date, the Pro Se Appellate Handbook. Starting from an idea nurtured by Tom Hall, clerk of the Florida Supreme Court, the handbook is designed to guide pro se appellants through the maze of the appellate court system. Although in a perfect world, every litigant would be represented on appeal, the unfortunate fact is that thousands of litigants are unrepresented in our appellate courts. Most, if not all, of these litigants need help with the basics. What do I file, and when and where must I file it? What goes in my brief? In the past, pro se litigants have directed these questions to appellate and trial court clerks who had little in the way of resources to offer much guidance.

The pro se handbook will change all that. A comprehensive guide to the appellate process, the handbook will be available at law libraries, prison libraries, and clerk’s offices around the state. The handbook is also available to anyone with access to the Internet. Through a generous grant from The Florida Bar Foundation, the handbook is being translated into Spanish and Creole French and is being made ADA-compliant. Thus, the handbook will be accessible by virtually any pro se litigant in Florida. To see or print the handbook, simply go to the section’s Web site, www.flabarappellate.org.

The handbook is the product of hundreds of hours of work by members of the section. Dorothy F. Easley served as chair of the subcommittee in charge of its production and served as editor-in-chief, assisted by Kimberly Jones as vice chair and co-editors Caryn L. Bellus, Susan W. Fox, Siobhan Helene Shea, and committee liaisons Tom Hall and Harvey Sepler. The list of authors and other contributors is too numerous to name here. Members of the section have performed an important service with this project, and our hope is that it will be a model for other sections working to serve the needs of the unrepresented.

The section has several important upcoming events. Of course, the annual meeting in Boca Raton approaches. Section committee meetings and the meeting of the executive counsel will be held on Thursday, June 19. Later that afternoon, the section will cosponsor the annual Conversation with the Court, in which the court convenes live to answer questions from the audience. Our signature event, the Annual Dessert Reception, follows later that evening. All of you are invited.

In July, the section will sponsor its most successful CLE program, the Appellate Practice Workshop on July 30 through August 1, at Florida Coastal Law School in Jacksonville. The seminar is an amazing opportunity for appellate practitioners to work with and learn from appellate judges and expert appellate advocates from around the state. Participants prepare by writing a short brief, which is critiqued by an appellate judge. Judges and lawyers then present a program on various topics of interest ranging from legal writing to appellate procedure. The grand finale is the presentation of oral arguments by the participants, followed by immediate feedback from the court. The program always gets rave reviews and, if you have not participated in it yet, plan on participating this year.

The section’s outreach programs continue to be successful. Local groups of appellate practitioners and judges are meeting around the state, including groups in Hillsborough, Orange, Leon, and Sarasota counties. If you are interested in forming such a group, please let us know.

The section presents numerous first-class CLE seminars throughout the year under the able guidance of Betsy Gallagher, assisted by Matt Conigliaro. Every third Tuesday of the month, we present an informal seminar by telephone conference. Simply grab lunch, sit at your desk, earn some CLE credits, and learn from appellate judges and lawyers about timely topics. Other seminars include presentations on Practicing Before the Fifth DCA, the E. Earl Zimmer Practice Before the First DCA Seminar, seminars on appellate aspects of family law, administrative law, and criminal law, hot topics, and federal appellate practice. Information on any of our seminars is always available on the Web site, www.flabarappellate.com.

The section’s publications this year continue to be overseen by Caryn Bellus, publications chair. Jack Reiter continues to serve as editor of our own publication, The Record: Journal of the Appellate Practice Section. The Record contains a lively mix of scholarly articles, judicial profiles, and book reviews, as well as recounting the social and other gatherings of the section.

Next year the reins are passed to Siobhan Shea, incoming chair, and Dorothy Easley, chair-elect. The section will indeed be in good hands. Last, but certainly not least, we thank our Bar liaison, Carolyn Shovlain, who has done a wonderful job of filling the shoes of our long-time liaison, Austin Newberry. Carolyn, we welcome you!
Steve Brannock, Chair

Business Law
The Florida Bar Business Law Section, with nearly 4,800 members, had another phenomenal year thanks to the enthusiasm and tireless energy of the members of the section’s various committees, the section’s outstanding lobbyist, William B. Wiley, and the members of the section’s executive council. It’s a great time to get involved in the Business Law Section, whether to gain further substantive knowledge in your area of practice or to build your network of attorneys around the state to share ideas and business.

Executive Council and Committees. We again grew the executive council this year to bring you more value through the input of younger lawyers, professors, and judges, as well as attorneys from the many geographic regions of our state. We maintained the position of judicial chair in connection with four of the section’s committees: Bankruptcy/UCC (Judge Catherine P. McEwen, U.S. Bankruptcy Court, Middle District of Florida); Business Litigation (Judge Edward C. LaRose, Second District Court of Appeal); Judicial Liaison Committee — Bankruptcy Courts (Chief Judge Paul G. Hyman, U.S. Bankruptcy Court, Southern District of Florida); and Judicial Liaison Committee — State and Federal Courts (Judge William A. Van Nortwick, Jr., First District Court of Appeal), and added academic chairs to other committee: Antitrust, Franchise and Trade Regulation (Professor Marilyn B. Cane, Nova Southeastern University School of Law); Corporations, Securities & Financial Services (Professor Stuart R. Cohn, University of Florida School of Law); and Legislation (Professor Jeffrey Davis, University of Florida School of Law). We also reconfigured the composition of the section’s CLE committee to include members with diverse substantive legal specialties and the section’s Membership and Law Student Relations Committee to include members from various regions of our state so that they could act as liaisons to the law schools in the areas. Murray B. Silverstein again greatly served us as the section’s liaison to the Board of Governors. Please see our Web site (www.flabuslaw.org) for more information about what the section offers its members and how you can be involved.

CLE. Delivering quality continuing legal education to our membership is one of the section’s primary goals. The section’s flagship CLE program continues to be the View from the Bench, brought to you by the Bankruptcy/UCC Committee. This year, the section also presented a number of other long-form, half- or full-day CLE programs sponsored by, among others, the Business Litigation Committee, the Computer Law Committee, and the Intellectual Property Committee. Thanks to the efforts of executive council members Alan Aronson and Alan Howard, the section also presented many local lunch-n’-learn CLE programs in an effort to bring meaningful substantive continuing legal education to our members in as convenient a forum as possible. The section also acted as a cosponsor of The Florida Bar Entertainment, Arts & Sports Law Section’s Symposium on Current Legal Treads in March. My thanks to all of the coordinators, speakers, and participants in these programs.

Networking and the Annual Section Retreat. Networking is another important component of section membership and is available year-round. Lifelong friendships have been formed by section members who regularly attend our meetings and events. At The Florida Bar Annual Convention in June and The Florida Bar Midyear Meeting in January, the section’s meetings start on Wednesday afternoon, continue Thursday, and end with a reception for all section members on Thursday evening.

This past year the section started a new tradition. We decided to hold the section retreat over Labor Day weekend. We also returned to the Ritz Carlton in Naples after an absence of many years (our membership had requested this). Through the generous support of the section’s numerous sponsors, many of whom have supported the section for multiple years (every sponsor is necessary to our work, but special thanks to PCE Investments, Lexis-Nexis, Citibank, GRS Forensics, Navigant Consulting, Inc., Epiq, Management Planning, and Bank United), the retreat was a tremendous success with record attendance. Our speakers were Florida Representative Dan Gelber (House minority leader), and Judge Chris W. Altenbernd of Florida’s Second District Court of Appeal. Saturday was filled with committee meetings and finished with family dinner/casino night. Sunday was filled with interactive CLE presentations, sports, a reception, and group dinners. On Monday, the section’s executive council met and worked hard setting plans and goals for the year.

In January, Rep. Marco Rubio, speaker of the Florida House of Representatives, spoke to the section at a lunch sponsored by Bank United; the section’s committees and executive council met, and the section held a reception sponsored by JP Morgan Escrow Services, Inc.

In late March, over 30 executive council members and their families met for a weekend retreat in Park City, Utah, where the executive council focused on many legislative issues including the critical issue of adequate funding for our state judiciary.

Mark your calendars for the section’s upcoming events: as part of The Florida Bar Annual Convention, June 18 – June 19, all of the section’s committees will meet; a number of CLE programs will be presented; and we will hear remarks at lunch from Florida Senator Ted Deutch; over Labor Day weekend (August 29 – September 1), the section will hold its annual retreat in Naples.

Legislative Efforts — The most important service the section provides to the Florida business community is our various legislative efforts. This year, we advocated many positions that enhanced the ability to do business in the state, monitored over 50 additional bills, and conducted conference calls weekly during the session. All of the legislation we sponsored was important, but of particular note were the section’s revisions to Ch. 617 (the “not-for-profit” statute) so as to conform it to Ch. 607, and our legislation to clarify various provisions of Ch. 620 (Florida’s version of the Uniform Limited Partnership Act) and Ch. 727 (the “assignment for the benefit of creditors” statute). The section’s most important endeavor in this area this year, however, was to work actively with the state judiciary and business community to bring the message of adequate court funding to the Florida Legislature’s agenda.

Opinion Standards. Thanks to the leadership of Philip Schwartz and his vice chairs, J.C. Ferrer and Robert Barron, the section continues to make substantial progress in rewriting the legal opinion standards for Florida. This is a multi-year project and we are at the forefront of this effort, nationally coordinating with the business bars of various states to bring some consistency to the critical area of business law which is part of many transactions.

Publications and Communications. now, each member of the section should have on his or her desk the section’s foremost publication, The Florida Bar Business Law Section Journal. Again, thanks to the sponsorship of Lexis-Nexis and countless hours of hard work by Melanie Damian and Bridget Heffernan, chair and vice chair of the Communications Committee, and the Journal’s contributing editors, we published our second Journal: a review of 2007 Florida state and federal case law relevant to business law. This desk-top tool continues to be improved each year. Members receive a free copy, and other Florida lawyers may purchase a copy through Lexis-Nexis. We also again updated the section’s Web site (www.flabuslaw.org) to make it more user-friendly and used e-mail blasts to advise the section’s members of important upcoming events, legislative initiatives, and seminal legal decisions, and other important information.

There is truly not enough space to mention all of the section’s projects or the many people by name that bring them to you. Because of them, our section is one of the strongest and most active in The Florida Bar. In closing, it has been a true honor serving as chair this year. I know the section is in good hands with Russ Blain and Lou Conti, as chair and chair-elect. My thanks also to the three people who served as the section’s Bar administrator during this transitional year: Austin Newberry, Yvonne Sherron, and Carolyn Shovlain. They all did a great job taking good care of us. Our projects are important. Our friendship is valuable and fun! Please join us and get involved.
Merrick L. (“Rick”) Gross, Chair

Criminal Law
The Criminal Law Section was created in 1976 and currently has about 2,500 members. The section is dedicated to fostering high standards of ethical conduct in the administration of criminal justice and to the improvement of individual trial skills. The section provides a number of quality programs to criminal practitioners at large and also provides special assistance to its members.

The Gerald T. Bennett Prosecutor/Public Defender Training Program.The section sponsors a unique training program for young prosecutors and public defenders named after the late Professor Bennett of the University of Florida School of Law. Professor Bennett was instrumental in the creation of the program. The program engages young prosecutors and public defenders to hone their skills in a week-long mock trial of two separate criminal cases. The “students” are given both real-time and videotaped critiques by a team of experienced judges, prosecutors, and defense attorneys. The course has been offered since 1979 and has trained more than 1,700 government lawyers.

For the first time in 2007, a minimal registration fee was charged per student to offset increasing costs. Additionally, The Florida Bar Foundation provides support.

A unique aspect of the program is the attendance of British barristers and Queen’s Counsel. The British barristers attend the program as students and the Queen’s Counsel assist as faculty members. More than 50 barristers have graduated from the program and over 20 Queen’s Counsel have served as faculty.

Everyone benefits from this aspect of the program in that we not only learn about the differences between our criminal justice systems, but we also gain the ability to see different trial tools and techniques that our British colleagues use to great advantage.

The section lost the invaluable leadership of Claire Luten this year as the chair of this event. And while we are saddened that Claire can no longer lighten and brighten the attitudes of the students with her unique wit and sense of humor, the section is grateful that Paul Zacks and Jennifer Zedalis have stepped up to the plate to run this program.

Oxford Scholarships. The section awards scholarships to one assistant state attorney and one assistant public defender to attend the barrister’s program at Oxford. In turn those two Oxford graduates teach at the Bennett trial program the following summer. The scholarships are named after the late Professor Bennett and the late Judge Marvin Mounts, Jr.

University of Florida Foundation Endowment. The University of Florida Foundation has established an endowment fund to help ensure the continued vitality of the Bennett Prosecutor/Public Defender Program. Tax-deductible donations have been solicited and will continue to be solicited until the section raises the needed funds. To date, the endowment has received generous donations from the Florida Prosecutor’s Association, the Florida Public Defender’s Association, the Florida Association of Criminal Defense Attorneys and many individual donors. Additionally, The Florida Bar Foundation provides support. The section is hoping the endowment will make the program self-supporting. Once we achieve this goal, we will again be in a position to offer the program to the students free-of-charge.

The section gratefully acknowledges the tireless efforts of council member Lisa Porter to raise funds for this endowment.

CLE Opportunities. The section hosts a number of educational seminars including, Masters of DUI and federal practice. We are also planning a forensic seminar to introduce younger prosecutors and defenders to the basics of a broad number of forensic issues. The section has also published a manual to assist with ethical closing arguments in criminal cases. That manual is in the process of being updated and should be ready for publication this fall.

The section wishes to thank members Sheryl Lowenthal, Ken Schwartz, and Richard Polin for their work in these areas.

Selig I. Golden Award. The 2008 recipient is Judge Seymour Gelber of the 11th Circuit. Judge Gelber was appointed to the Commission on Ethics in 2005 by the chief judge of the 11th Circuit. Judge Gelber was a senior judge with the circuit court, juvenile division at that time.

Following retirement from the circuit court, he served as an administrative court judge of the juvenile division.

Subsequent to his work on the bench, Judge Gelber was elected mayor of the City of Miami Beach, holding office from 1991 to 1997.

Judge Gelber’s volunteer work has included membership on the Miami Beach Charter Review Committee and the School Board Committee on Ethics, as well as chair of Friends of the Miami Beach Regional Library.

Additionally, Judge Gelber supports several children’s issues through projects as president of the Dade County Boys Club After-Care Program, as chair emeritus of the Miami-Dade Criminal Justice Council, and as a member of the American Bar Association Committee on Juvenile Justice. He is the author of On Behalf of Children: A History of Judicial Activism in the Dade County Juvenile Court.

Web Site. The section Web site will be launched by the June Annual Convention. Hopefully, it will provide easy access to important announcements and news for all section members. CLE information, meeting schedules, minutes, links to other sites of interest, and the section newsletter will be regular features. The section hopes to add additional features as the Web site progresses, such as case law updates and recent briefs.

Upcoming Events. The section is planning to sponsor a series of symposiums to address the growing problem of adequately funding the criminal justice system. The legislature continues to cut the budgets of prosecutors and public defenders, and those offices have difficulty recruiting and retaining attorneys. Additionally, funding for conflict counsel is unresolved at this time. The section hopes to bring together persons from different areas of the criminal justice arena to discuss these issues and make appropriate recommendations.

Credit for all this work goes to the energetic, resourceful, and dedicated members of the executive council, member volunteers, and our section administrator, Connie Stewart. We also need to thank Patti Williams and other staff members at the University of Florida College of Law for their dedicated service to the Gerald Bennett Prosecutor/Public Defender Training Program. Finally, we are deeply saddened to lose of Connie Stewart, who retired February 29 after 29 years of dedicated service to the section. She has been replaced by Paige Graham, who has a mighty task ahead of her keeping us all up to speed in the section. Thanks, Connie, for all those wonderful years you gave us!
Ann E. Finnell, Chair

Entertainment, Arts and Sports Law
The Entertainment Law Section (EASL) has been extremely busy putting together some exciting CLE programs, writing articles, partnering with corporate sponsors and resources to further their marketing efforts, and presenting educational opportunities for students, Bar members, and the community at large.

The 19th Annual Tri-state Conference (with the Georgia and Tennessee bars), was a big hit with attendees, under the competent planning, coordination, and oversight of past EASL chair Darryl Cohen of Georgia and Florida bars. The November 2007 event took place at the beautiful Gran Melia Resort in San Juan, Puerto Rico. In November 2008, it’s off to Cabo San Lucas again. It’s always a favorite!

We now have a marketing partnership with The Production Hub, which is a huge entertainment resource and directory. Through this partnering, at no hard cost to EASL, we are able to spread the word about our programs and incorporate the huge database of subscribers from Production Hub.

Our retreat in May 2007 at the elegant Vinoy Hotel (“Learning and Living Large”), in St. Petersburg, focused on the Anatomy of a Copyright Lawsuit, and our speakers received an across the board 5.0 rating. Planners were Richard Wolfe, Julee Milham, Steve Eisenberg, along with David Friedland, and Andy Greenberg.

Five long-standing EASL members and colleagues received high awards from the Super Lawyers magazine. They were Leslie Zigel, Jorge Torano-Hernandez, Richard Rappaport, Alan Fertel, and David Bercuson. We were all pleased to note this achievement of our superlative members.

One of our executive council members, Cassie Willard of Full Sail College in Winter Park, attended the Voluntary Bar Leaders Conference on our behalf.

Our Entertainment Symposium featured Willy Chirino, Latin Grammy Award winner and honoree, who received the distinguished Tom Dowd EASL Lifetime Achievement Award and Crystal Gavel. This event at the Westin Diplomat Hotel on Hollywood Beach included a presymposium formal dinner March 13th for our executive council, panelists, and sponsors. The presymposium dinner was initiated this year and was a huge success. This event is always a highlight of the year, is extremely successful with sponsorships, and brings our financial accounting into healthy territory. Our sponsors this year were Nixon, Peabody LLP, Trusts & Estates Group, Palm Beach County, Howard Goldstein, Mallah, Furman & Co., CPAs, Hackett, Pickering, Daugherty & Daugherty, Pension Consultants, Kenny Cordova, SESAC, UBS Financial Services, Inc., Investment Management, Adams LaRocca, Employee Benefit Consultants, Cass Levy & Leone, CPA’s, and ProductionHub.com.

Symposium Supporting Bar Section Sponsors: The Florida Bar International Law and Business Law sections. We appreciated our sponsors’ generosity and support, and look forward to working with them again. Thanks to the CLE Planning Committee, including Richard Wolfe, Richard Rappaport, Darryl Cohen, John Bradley, and Emily Graham for their outstanding hard work and accomplishment.

Our Leadership Committee chair, Charlotte Towne, prepared a report that was circulated to the executive council. We value our student leaders, and are working toward developing future leadership of not only our section, but of the Bar itself.

We were honored to have two members write an article for The Florida Bar Journal, including former EASL Chair, John Bradley. This sports article on “Leveling the Playing Field” was published in October 2007.

EASL is now a member of the South Florida Entertainment Industry E-mail Exchange. This enables EASL to be part of South Florida business, politics, entertainment, and industry, exchange programs and ideas, and be alerted to new developments in the community.

On July 19, 2007, the Miami Daily Business Review published an article written by Chair Laurie Anton regarding the new Florida Film Incentives, which discussed not only the new changes in the law, but the need to consult competent Florida counsel to advise on how to take advantage and structure a filmmaking project.

Our midyear Bar program at the Hyatt Hotel was chaired by Jeff Grubman and Julee Milham, along with Carolyn Herman, with Rhett Traband, Lawrence Gordon, and Edward Mullins participating in the mock mediation (trademark infringement dispute). This was an extremely well received CLE seminar, which included IP certification credit, and a course CD with handouts, forms, contracts, and articles, as well as dispute resolution techniques, including mediation and arbitration. Panelists included Albert Arosa, regional director of the AAA, and Judith Equels of the Bar’s LOMAS program. These topics were aimed at keeping clients and the practitioner out of court and litigation.

Through the efforts of Steve Eisenberg and the Put Something Back Pro Bono Program, we now have a developing volunteer lawyers for the arts grassroots effort to work with various legal service organizations in their quest to find entertainment and arts lawyers to assist with community presentations and artists.

EASL also sponsored the Nova Southeastern University Sports Seminar on April 5, which focused on the future of sports in Florida. This program was coordinated with EASL executive council members Jason Weiss, Alan Fertel, Kim Kollback, and NSU law students, including student liaison Robert Karpeles, leadership chair Charlotte Towne, and Rian Kinney. This also launched the NSU/EASL Mentoring Program.

The Fourth Annual Independent Film and the Law seminar took place in association with the Jacksonville Film Festival May 16 at the Jacksonville Hyatt Riverfront. This program was organized and chaired by Carolyn Herman. This event is gaining in popularity and this year was no exception. Topics included Traditional and New Models In Distribution of Independent Films, Including Internet Distribution and Issues Related to Internet Piracy; Issues Related to Animated and Short Films; and The Use of Special Effects. EASL is a standing sponsor and supporter of this superb program.

On behalf of EASL, the executive council, and our 2007-2008 officers, Howard Wiener, chair-elect; Jeff Grubman, treasurer; and Nina Dawne-Williams, secretary, we look forward to another successful 2008-2009, with Howard Wiener, from Nixon Peabody, at the helm.
Laurie H. Anton, Chair

Elder Law
Though the Elder Law Section had several identified goals this year, as a young section of The Florida Bar, a primary goal was the ongoing growth and maturation of the section, building on the foundation of prior years’ hard work. As part of this concept, the section continued its effort to be recognized as the point of first contact for its core areas of expertise: guardianship; Medicaid planning; abuse, neglect, and exploitation of the elderly; advance directives; and special needs trusts.

The section continued to grow in numbers, experiencing a seven percent increase over the previous year. Because our clientele is the ever-aging population, we expect the section will continue to grow in coming years as senior issues and issues affecting persons with disabilities become more prevalent. These same factors also made the section more profitable for The Florida Bar, with continued growth in profitability expected for the foreseeable future.

Below are a few areas where the section’s growth has been most notable this year.

Communications with Membership. The section’s newsletter, The Elder Law Advocate, continued to offer substantive articles and vital updates to members. This year, we focused on increasing the variety of contributors, thereby improving both the quantity and quality of articles. In addition, the Advocate served an invaluable role in sending a message to members regarding the need for more active involvement in the section’s substantive committees. This need was further underscored by the numerous issues where an elder law attorney’s unique perspective should be provided in the development of new laws under consideration by other sections of The Florida Bar. This message resulted in organized work by the substantive committees and the opportunity to offer input from the section on these important issues. There were, and will surely continue to be, differences of opinion on proposed changes to statutes; and unfortunately, some outside the section have read past messages in the Advocate in a manner other than its intended purpose — motivation of section members. Yet the beneficial value of the Advocate and the messages therein produced desired results in motivating the membership to become involved in matters affecting their practice and the seniors and disabled persons they represent.

In addition to the Advocate, the section’s Web site has been greatly improved in the past year, now reflecting continuously current information for each of the substantive committees.

Section Committees: Increased Involvement and Dedication. We have taken to heart the belief that the strength of the section is a reflection of the strength of its substantive committees. Likewise, the commitment of the section’s members to become involved allows for the committees to create results that better both the elder law attorney’s practice as well as the clientele we represent. The work of the substantive committees far exceeded expectations in answering the call for increased involvement and dedication. A very special thanks to our substantive committee chairs for taking the lead: Jana McConnaughhey, John Clardy, Carolyn Sawyer, Chris Vogel, Marjorie Wolasky, Steve Kotler, Carolyn Landon, Ellen Morris, Steve Rachin, Alice Reiter Feld, David Lillesand, and Beth Prather.

Continuing Legal Education. Once again, the section enjoyed a prosperous year of well-attended CLE programs. The certification review course held January 24-25, 2008, in Orlando, exceeded expected attendance by both those seeking board certification and those just getting a flavor for the overall practice of elder law. In April, the Fundamentals of Elder Law II achieved the privilege of having its program videotaped. And the popular Public Benefits Seminar, also held in April, was in its 12th year. In each of the section’s CLEs, the section’s program chairs reached out to experts in select subject areas and spotlighted prominent practitioners from the Real Property, Probate and Trust Law Section to lecture on topics like the trust code. We are thankful for this contribution by these experts to our section.

Legislative Positions. This year the section formulated three separate legislative positions for submission to the Board of Governors relating to proposed legislation that affects our membership. Two pieces of proposed legislation involved guardianship. The section’s Guardianship Committee collaborated with the RPPTL section’s Guardianship Committee to develop white papers, establishing the positions of both sections opposing the proposals. The section will continue its progress toward proactive legislative involvement in coming years by proposing its own legislation and offering greater input on all legislation under consideration. The section hopes to see this year’s activity as a sign of ever-increasing participation.

Administrative Law Policy Positions. On November 1, 2007, changes in Medicaid law brought about by the federal Deficit Reduction Act of 2005 became effective in Florida. The section has provided education on these new administrative rules for the significant portion of our membership affected, those counseling seniors and disabled persons in obtaining necessary public assistance benefits, with a core group of elder law attorneys, known as the Task Force, continuing to contribute thousands of hours behind the scenes. The section is most appreciative of the recent dialogue established with Secretary Butterworth’s office to address ongoing member concerns regarding proposed administrative rules and processes. To address another serious concern growing out of past and current Medicaid rules — the unlicensed practice of law — the section has pursued and established a relationship with The Florida Bar’s UPL Division.

Opportunities Lie Ahead. Despite this remarkable growth and the progress the section has seen on so many issues, the opportunities are still abundant for more active participation, continued growth, and a greater impact within our area of practice and the entire Florida Bar. We are certain to be rewarded with more accomplishments under the leadership of the section’s officers: Linda Chamberlain, Babette Bach, Len Mondschein, Enrique Zamora, and Twyla Sketchley. In this final report as chair, I renew to all members of the section my invitation to you, my challenge to you, to participate, to advocate, and to make a difference.
Emma Hemness, Chair

Environmental and Land Use Law
This year the Environmental and Land Use Law Section introduced a number of new committees. When our members have an opportunity to get involved, the value of our section’s activities grows exponentially. Three of the new committees are based on substantive practice areas: land use; water, wetlands, wildlife and beaches; and pollution assessment, remediation, management and prevention. Our fourth new committee was inspired by The Florida Bar’s year of mentoring and to that end we created a Young Lawyers Committee for new lawyers in the environmental and land use fields to get involved in our section and find mentors. We hope these committees, along with our long-standing and very popular public interest representation, affiliates, and CLE committees, will provide useful forums for our members to get involved with CLE programs, the Reporter, the Treatise and other section activities.

The channels of communication with the membership are many. Thanks to the efforts of Nicole Kibert an excellent Web page can be found at www.eluls.org, which provides the membership with a lot of useful information. Kibert also oversees the Listserv, a means of quickly disseminating section news. Kelly Martinson and Carl Eldred head up our Membership Committee, which has worked on a membership brochure succinctly explaining the benefits of membership in our section. The Reporter is our newsletter and it contains section news, lead articles, and agency and case law updates. The Reporter is edited and kept on schedule by Janet Bowman, Thomas Gould, and Jeff Collier.
The section’s CLE committee continues to work hard on a series of CLE programs on various topics, including our Annual Update in Amelia Island, our Hot Topics program in Ft. Lauderdale and a Web based “Lunch and Learn” series which provides timely, focused, and cost-effective CLEs for our members. We also continued our work with other sections to provide the following excellent programs: Practice Before the Department of Administrative Hearings; Strategies for Smart Growth and Development; Rural Lands; and the Federal Seminar in Washington, D.C. These seminars were cosponsored respectively with the Administrative Law; City, County and Local Government Law; the General Practice, Solo and Small Firms; and the Government Lawyer sections. We are also working on our first international CLE which is to take place in Costa Rica this summer and will be presented by Florida and Costa Rica environmental and land use lawyers in Spanish and English. The program is being cosponsored by the Costa Rica Association of Environmental Lawyers and will be scheduled in conjunction with this year’s executive council retreat.
We continue to support the Public Interest Environmental Conference at the University of Florida financially and through the efforts of the Public Interest Representation Committee, chaired by Kelly Samek and vice chaired by Jeanne Zokovitch. Over the years, the section has been pleased to see this conference grow. We also established a Florida environmental public interest summer fellowship this year, open to law students interested in spending the summer working for a not-for-profit organization. Our Access to Justice Subcommittee continues to work on increasing the delivery of legal services to indigent persons and others who are threatened by environmental and land use problems.

Our section is fortunate to include almost 100 nonlawyer affiliate members who are environmental and land use professionals. The Affiliates Committee is chaired by David Bass and Erin Deady. The affiliates held their popular workshop, in conjunction with the section’s annual update providing valuable technical information and ethics CLE credit. The affiliates have also continued the popular attorney/affiliate mixers around the state including Tallahassee in November 2007, Gainesville in February 2008, and Ft. Lauderdale in April 2008. These mixers are well attended and help the section gain new members and also provide client development opportunities for our lawyers and affiliates.
The Treatise on Environmental and Land Use Law is now available online for the cost of section membership andcontinues to be a comprehensive source for many Florida and federal environmental and land use law topics. The Treatise is updated once a year with the help of law students from Florida State University. The efforts of Enola Brown, Gary Oldehoff, and Nicole Kibert in moving the Treatise to the Internet has greatly increased its accessibility.
We continue to foster our relationship with the ABA’s Section on Environment, Energy, and Resources through our ABA-SEER liaison, Francine Ffolkes. We now have two diversity fellows, equally funded by ABA-SEER and the section, available to law students to pursue environmental and/or land use law summer fellowships in agencies or not-for-profits in Florida.
We have an active Law School Liaison Committee that contributes funds to a number of respected law school programs around the state, and thanks to Jim Porter and Vivien Monaco, is actively increasing the section’s outreach and involvement with law student activities. The section continues to provide grants to law schools to fund participation in moot court competitions, the Maloney writing contest, various speaker programs and other environmental and land use law initiatives. Our Florida law schools are very successful at getting law students involved in environmental and land use issues and we have found this to be a great place for the investment of section funds.

It is truly an honor to be a part of this section. Our volunteer members are critical to our success and make this the premier organization for environmental and land use lawyers in Florida.
Michelle Diffenderfer, Chair

Equal Opportunities Law
The Equal Opportunities Law Section (EOLS) is one of the finest examples of how a small group of tenacious people can make a difference. This has been a busy year for our section, with many events illustrating the very reason the section exists — to ensure equal opportunities for the members of the legal profession and the equal opportunities for the public’s access to lawyers and to the justice our system seeks to provide.

An important part of this is the opportunity our profession provides to new and aspiring lawyers. For the fourth year in a row, EOLS members John Kozyak and Detra Shaw-Wilder and their law firm of Kozyak Tropin & Throckmorton led the way with the October 27, 2007, law student mentoring picnic. The event saw its largest crowd of law students, lawyers, and judges, including Florida Supreme Court Justice Peggy Quince, former U.S. Attorney General Janet Reno, and 11th Circuit Chief Judge Joe Farina.

The event’s success motivated efforts in the Tampa Bay area to provide similar mentoring opportunities in Central Florida. Led by Tampa attorney Tony Cabassa, the Central Florida law student mentoring picnic was held on February 23, 2008, at the Stetson College of Law’s Tampa campus. With sponsorship including Stetson, the Hillsborough County, Sarasota County, George Edgecomb, and Tampa Bay Hispanic Bar Associations, the Young Lawyers Division of The Florida Bar and numerous area law firms, a heavy downpour failed to diminish the overwhelming response and attendance at this event. Despite weather-related flight delays, Florida Bar President Frank Angones and Justice Peggy Quince joined local judges and attorneys in welcoming students to the inauguration of this opportunity for mentoring partnerships in Central Florida. Its success not only insures the start of an annual mentoring picnic in Tampa, but is likely to spread the event to venues in north and west Florida.

Another annual EOLS event will take on an expanded role at the 2008 Florida Bar Annual Convention. Since 2004, the EOLS has held an annual Diversity in the Legal Profession Symposium. This year, these efforts are combined through the sponsorship of the event by The Florida Bar’s Minority Outreach Committee. This will be the first year the event will be held during the Annual Convention. The annual luncheon and awards ceremony that EOLS co-hosts with the Florida Association for Women Lawyers and the Virgil Hawkins Chapter of the National Bar Association will serve as the kick off event for symposium attendees and is likely to repeat the sellout attendance it has enjoyed in recent years.

A quieter but significant milestone was achieved when EOLS Chair-elect Matthew Dietz concluded negotiations and extensive lobbying to improve courtroom access to lawyers in need of ADA-style accommodations. Negotiations for improved access began with efforts to resolve the issues involved in a lawsuit filed by a hearing-impaired lawyer. While procedures have been in place to provide ADA accommodations to parties and witnesses, the issue of the accommodations to be provided to lawyers had not been fully explored in a statewide rule. The successful resolution of these issues will pay benefits not only to lawyers who need accommodations when they join the profession, but also lawyers who initially believed accommodations were for others, until accident, illness, or age brings these issues to their lives and practices.

The section has also been pleased to find an expanding number of lawyers and law firms who have adopted and signed the Statement of Principle for Equal Opportunities within the legal profession. Copies of the statement can be obtained at the EOLS link on The Florida Bar Web site.

As one of the newest and smallest sections of The Florida Bar, our section welcomes and seeks new members to join in our work and efforts. Michelle Ku, one of the pioneer section chairs often paraphrased a familiar line to summarize the challenges of our section: “We have many more miles to go before we sleep.” We welcome the addition of many more members of The Florida Bar to this journey.
Harley Herman, Chair

Family Law
The 2007-2008 year has been another exciting and productive one for the Family Law Section. Our theme this year has been “Bringing Others Along.”

This theme is no better seen than in the section’s focus on advancing attorney volunteers as guardians ad litem for children in need. The section emphasized the need for a paradigm shift in how we traditionally think of “family law.” Since many of us came into the practice of marital and family law due to our concern for children, the section’s goal was to broaden our perspective of family law to include Ch. 39 cases under the same umbrella as what we traditionally labeled family law. This focus originally started with partnering with the state guardian ad litem program to increase awareness of their Fostering Independence Program, a program for teens who are aging out of the foster care program who need assistance and guidance. The section will continue its focus through the Children’s Issues Committee, which is also working on developing useful forms and training for guardians ad litem in nondependency cases.

Continuing with our theme of “Bringing Others Along,” Carin Porras, CLE chair, led the charge with our outstanding CLE programs. The jewel of the Bar’s CLE programs, the Marital and Family Law Review Course, was the Bar’s largest single event, with our midyear committee meetings, lectures, and social events. Chaired for a third successful year by Peter Gladstone, Charles Fox Miller, and Caryn Green, this seminar was host to more than 1,100 attendees of attorneys, judges, and magistrates. To further promote board certification, we provided “A Mechanic’s Course — How to Take the Certification Exam,” chaired by JJ Dahl and Caryn Green, and also provided an informal review session for test-takers at the end of the family law program. For the seasoned attorneys, we had our intensive trial advocacy program, a multi-day, hands-on seminar to teach trial skills, ably chaired by Terry Fogel and co-chaired by Carin Porras, Rick Nail, and Alex Caballero. This seminar featured all board certified workshop leaders and lecturers and taught participants how to properly try a complex family law case from the ground up. Throughout the year we provided telephonic seminars so attorneys could receive their CLE credits from the comfort and convenience of their offices.

I, along with past section chairs and incoming chair, Scott Rubin, had the honor to present this year’s Chair’s Visionary Award to Debby Beck, our section administrator for the past eight years. Debby was an integral part of the success of our section. We all wish Debby much success in her future endeavors. We welcome our new section administrator, Summer Hall, and look forward to a long and rewarding relationship.

Our Publications Committee had multiple means to inform and educate our section members. Patricia Alexander, chair of publications, with the assistance of co-editors Doug Greenbaum, Laura Davis-Smith, and Luis Insignares edited the Commentator, our themed and practical newsletter, by lining up excellent issues focusing this year on the judiciary, children’s issues, and equitable distribution. Susan Savard and new assistant editor Laura Davis-Smith edited and oversaw the scholarly articles for Family Law Section’s column in The Florida Bar Journal, including timely topics such as the Keeping Children’s Safe Act with the multi-issue discussion of its use in Ch. 61 cases.

Our new Web site continues to grow and evolve with the efforts of Eddie Stephens and Ryan Doherty. Robins Scher customized our e-newsletter, FAMSEG, with member specific introductions to provide a personalized method of reaching our members with important announcements and important relevant articles.

The Family Law Section is known for its sophisticated and active Legislative Committee. Each year the section presents important legislation that benefits the families of Florida. This year was no exception. We initiated five bills on issues of parenting, equitable distribution, alimony, adoption, and general magistrates. In addition to shepherding our bills through the legislature, we were monitoring as many as 45 bills at any given time. Truly a team effort from our co-chairs Elisha Roy and Jeffrey Weissman, past committee chair General Magistrate Diane Kirigin (and current section secretary), as well as the many dedicated individuals who traveled to Tallahassee including Amy Hickman (our point person and guru on adoption), David Manz (point person and chair of equitable distribution), Terry Fogel (one of the founding drafters of the parenting bill), Maria Gonzalez (legislative co-secretary) and Thomas Duggar (our Tallahassee native). There were countless hours spent on weekly telephonic committee calls and subcommittee meetings, with the assistance of the excellent work of the legislative committee volunteers. Many thanks go to our lobbyist team Becker-Poliakoff, particularly Nelson Diaz and Edgar Castro who along with their weekly updates, lobbying duties, and hosting us in Tallahassee, presented us with an educational PowerPoint presentation, “Understanding Legislative Advocacy,” to assist bringing our section members along in their understanding of legislative process.

The section’s Rules and Forms Committee was chaired a second year by Ron Bornstein. Ron had the distinct role of also serving as vice chair on the Bar Rules and Forms Committee and, as such, has served as a bridge between the two committees. We are also grateful for the valuable input we received from retired circuit court judge, Ray McNeal, chair of the Bar Rules and Forms Committee. Judge McNeal regularly provided input on procedural and legislative matters throughout the year. Jeffrey Weissman, our resident relocation expert, along with past chair Thomas J. Sasser, Scott Rubin, and General Magistrate Diane Kirigin, worked diligently and expertly reconciled the relocation forms to the newly enacted relocation statute.

Vital to any organization is its membership. Co-chairs, Doug Greenbaum and John Schutz and their Membership Committee have continued to reach out to encourage new members to the section, make members welcome at our meetings, and pave the way for our section members to actively participate.

The Family Law Section understands one of the best ways to obtain an education while getting to know your colleagues is in the more relaxed setting of a retreat. Mark Chinn, nationally known author of How to Build and Manage a Family Law Practice, spoke at our first retreat at Amelia Island in November. At Amelia, section members were treated to a lively band, good company, and beautiful sunrises on pristine beaches. In April the section traveled west to Santa Fe, New Mexico, to sample the eclectic Southwestern cuisine, the stunning artistry, and the historic architecture of this fascinating location. While there, section members learned “How to Incorporate a Collaborative Approach into Their Practice” and also the importance of a “Child’s Developmental Stages and Its Impact on Parenting Plans.”

I am humbled and honored to have served with such a wonderful executive committee: Thomas J. Sasser, Scott Rubin, Peter Gladstone, and General Magistrate Diane Kirigin. The Bar year is coming to an end; however, the section has many great projects in the works and forecast for months and, yes, years to come. We will continue to bring others along.
Allyson Hughes, Chair

Government Lawyer
The goals and objectives of the Government Lawyer Section have been reshaped this year by the difficult fiscal conditions with which we are faced. The deliberation of the legislature with regard to court funding is only the tip of the proverbial iceberg when it comes to government attorneys — all government lawyers are materially affected by budget cuts! Many, if not most, government attorneys have not received a pay increase in the past several years, and the prospects for one in the near future are not promising. This has resulted in a “loss” of income when cost of living and inflation are considered as factors. Therefore, the GLS has been exploring new avenues to attempt to alleviate the incredible disparity between the lot of a government lawyer as compared to their colleagues in the private sector. We are fortunate to have many extraordinary lawyers devoting their time in service on the GLS executive council. The council is composed of individuals who practice in the executive, legislative, and judicial branches of state government. Representatives of the various governmental entities with whom council members practice include the Office of the Attorney General, the Department of Environmental Protection, the Department of Children and Families, the Department of Business Professional Regulation, the South Florida Water Management District, the offices of various state attorneys, and various city and county attorneys’ offices. This broad cross-section of state agencies affords council members the ability to get a true sense of the plight of the government lawyer in today’s fiscally challenging times.

A significant first step in seeking to better the lot of government attorneys has been the creation of a Recruitment and Retention Committee, which will deal with various issues including loan forgiveness. The committee will be chaired by John Copelan, general counsel for the Department of Children and Families and a former chair of the GLS. The concept of student loan forgiveness for lawyers who devote a substantial portion of their legal career to government service was first discussed at the section’s long-range planning meeting and retreat held in November in Apalachicola. Thereafter, the GLS conducted a Loan Forgiveness Symposium at the Midyear Meeting of The Florida Bar as well as a working group meeting of the committee in Orlando. Also, another symposium is being scheduled to be held during The Florida Bar’s Annual Convention in June. Plans are being developed that would permit government lawyers to heed the “no higher calling” of government service while easing the worry of paying back large student loans on the materially lower salaries afforded government lawyers. We are fortunate and honored to include Attorney General Bill McCollum and DCF Secretary Bob Butterworth as supporters of our efforts in these opening stages of the process, and we are confident that more and more agency heads will join us in this important endeavor. Of course, the GLS will be keeping the Board of Governors apprised of the status of our efforts because the positive support of the board will be critical if we are to realize success.

The section is proud to report that the government lawyer certification program, State and Federal Government and Administrative Practice Certification, is already thriving in its second year with a good number of lawyers seeking that certification. The GLS Committee on Certification chaired by Keith Rizzardi continues to work hard to let SFGAP flourish. In that vein, the SFGAP certification review course provides the administrative and government practitioner with valuable and substantive information regarding agency practice, agency rulemaking, administrative appeals, government contracting, bid protests, government litigation, open records, Sunshine Law, and government ethics.

The section continues to sponsor our traditionally successful seminars, such as Practicing Before the (Florida) Supreme Court, and the Federal Seminar. The latter, held only once every two years, affords a lawyer the opportunity to attend the oral arguments presented before the U.S. Supreme Court and, if not already a member of the Bar of that court, the opportunity to take the Oath of Admission in person before the nine justices. In addition, lectures on topics of interest to government lawyers are conducted at various venues such as the Department of Justice or the Library of Congress. This year’s venue is the U.S. Capitol.

The section annually bestows The Florida Bar’s Claude Pepper Outstanding Government Lawyer Award to one individual at The Florida Bar’s Annual Convention in June. The Claude Pepper Award is presented to a government lawyer, typically with many years of service, whose character and accomplishments exemplify the highest ideals of government service. This award recognizes lawyers whose contributions and commitment to public service and the public interest are unquestionably extraordinary. The 2007 recipient was Judson Chapman, general counsel for the Department of Highway Safety and Motor Vehicles. Mr. Chapman was recognized for his 28 years of dedicated service representing the department as well as for his service in the representation of disadvantaged clients through North Florida Legal Aid offices.
This year, I have greatly appreciated the hard work and commitment of the section’s executive council members. In particular, I extend my sincere gratitude to Keith Rizzardi, Clark Jennings, Joe Mellichamp, Booter Imhof, and John Copelan (all former chairs of the GLS) for their hard work and counsel. Also, I commend Ward Griffin for his diligence in arranging the Federal Seminar and Diana Bock for her stellar work on the Publications Committee (the section newsletter has never been better or more informative). I also express my appreciation to our former section administrator, Arlee J. Colman, for her work on behalf of the section, and we look forward to working with our new program administrator, Summer Hall, as we continue striving to represent the interests of the thousands of dedicated lawyers who, by choice, serve the public interest.
Robert J. Krauss, Chair

Health Law
The Health Law Section created a new committee this year. At the Midyear Meeting of The Florida Bar, the Health Law Section executive council voted to create the Committee on Public Health Law. The Public Health Law Committee’s mission is to help protect the public health of Floridians by supporting public health law education for attorneys and other stakeholders; offering networking and liaison opportunities for attorneys who advise on public health issues; monitoring public health legislation and serving as a resource for sponsors of such legislation; and acting in other ways to promote the study and application of public health law. The inaugural co-chairs are Walter Carfora and Rodney Johnson.

Our CLE Chair Charmaine Chiu presided over a busy calendar. At the Midyear Meeting, the Health Law Section cosponsored with the Tax Section a CLE, Representing the Physician 2008. This popular program was co-chaired by Lester Perling from the Health Law Section and Alan Gassman from the Tax Section. Video replays are being shown around the state. In March, the HLS presented its annual CLE, Advanced Health Law Topics and Certification Review 2008. This program, chaired by Sandra Greenblatt, is a comprehensive advanced overview of health law, helpful to any health lawyer. It also serves as a review for lawyers taking the health law certification exam. Fifteen lawyers registered for this year’s exam. The CLE “Hot Topics” is being presented at the Annual Convention in June.

In addition to the traditional, in-person CLEs with video replay, based upon the success of a trial last year, the HLS is making plans for a series of teleconferences, focusing on single topics. The first such teleconference is took place in May and was titled Physician Pharmaceutical Dispensing.

The HLS continues to reach out to law students with an interest in careers in health law by visiting law schools.

Newsletter Editor Bernabe Icaza has successfully rejuvenated the section newsletter and it is distributed online three times per year. The newsletter alerts members as to recent developments in health law, new rules and regulations, and cases of interest. Chet Barkley continues to serve as our Web master.

Work is underway for the 2009 edition of the Health Law Handbook.

Section leadership responded to inquiries from the press regarding current events and changes in the laws affecting health care.
Laurie J. Levin, Chair

International Law
As chair of the International Law Section (ILS), I am pleased to provide you with the annual report of the ILS for 2007-2008. The section’s executive committee consists of Edward H. Davis, Jr., chair; J. Brock McClane, chair-elect; Francisco Corrales, secretary; Elke Rolff, treasurer; and Francesca Russo, immediate past chair. The section’s board liaison for the 2007-2008 Bar year was Ian M. Comisky from Philadelphia.

ILS Membership. I have been deeply honored and privileged for the opportunity over the past year to lead the over 1,100 lawyers who make up the current membership. The ILS is unique among all the sections of The Florida Bar because its members practice in virtually every discipline known to the law.

Within our ranks are lawyers who practice international transactional law, litigation, international arbitration, travel law, tax and estate planning law, immigration law, criminal law, intellectual property law, and international insolvency law, among others. Our members practice as solo practitioners, in boutique firms, and at every major law firm in the state. Our membership truly represents the entire geographic scope of the state with leadership and members from every corner of Florida. We also have members in outposts throughout the world.

Mission and Role of the ILS in The Florida Bar. The role of the ILS is to safeguard the practice for international practitioners in Florida by ensuring that we are at the forefront of developments and legislation in the international world. We also are charged with continuing the international legal education of all Florida lawyers to ensure that we are on the cutting edge and are focused on fostering a climate conducive to international legal business for Florida lawyers.

The ILS serves another important role within the greater Bar: as the face of The Florida Bar to many other practitioners and bar associations around the world. It is our job to fly The Florida Bar flag across the globe. We have cooperative agreements with other bar associations around the world. The ILS has hosted and cosponsored seminars in numerous jurisdictions, including Mexico, Canada, Barcelona, Brazil, London, Grenada, the British Virgin Islands, Anguilla, and Russia. Many of our conferences in Florida draw practitioners from every corner of the planet.

Our 25th Anniversary and Our History. It is a double honor to have been given the stewardship of the ILS this year during the 25th anniversary of the founding of the International Law Section in 1982. However, many do not know that the history of the ILS dates back even further, to the founding of the International Law Committee of The Florida Bar in 1956.

Since the time of the founding of the ILS and its predecessor, Florida has evolved into a major node in the international world due to its strategic geographic location as a north/south and east/west crossroad. Additionally, the international nature of its people, including the polyglot population, our welcoming cities, and our ability to transact legal business in Spanish, Portuguese, Russian, Italian, French, Creole, Dutch, and so many other languages has made Florida as an emerging premier center for international law.

As evidence of this, Florida lawyers serve in the leadership of other international bars and organizations, such as the International Bar Association, the Inter-American Bar Association, the International Center for Dispute Resolution of the AAA, the international arbitration arm of the International Chamber of Commerce, and the London Court of International Arbitration. Indeed, Florida is now a seat of preference for international arbitrations. Hundreds of millions of dollars of international transactions are negotiated, drafted, and closed by Florida lawyers each year.

Moreover, Florida’s law schools have emerged as leading centers of international legal thought and are turning out law graduates who already see the world of law as an international matrix within which Florida is a major player. Teams from Florida law schools have now become feared competitors in major international legal competitions, including Stetson Law’s major victory in 2005 in the Vis International Arbitration Mock in Vienna, Austria, against 153 law schools from 47 countries. Since then, the teams from Florida law schools have become perennial challengers for the crown in Vienna in the past three years. In February 2008, led by Richard Lorenzo, Arnoldo Lacayo, and Santiago Cueto, the ILS held the Fourth Annual Florida Regional Vis Pre-Competition Moot at FAMU Law School, which was attended by six Florida law schools, all of whom went on to Vienna to compete. Next year, we hope to increase our attendance to eight Florida law schools and to hold a writing colloquium for the competition in Tampa in September.

Honoring our Past. This has not happened by accident. It is due to the leadership of visionaries that have foreseen Florida as a major player in the global legal world and the ILS as one of the principal engines of this development. This year, the ILS focused on honoring its founders, its past leaders, and those who have nurtured it throughout the years, as well as those who have planted the seeds for the growth of the practice of international law in Florida. In January 2008, the ILS held a gala at the Biltmore Hotel to honor our history and our past leaders that was attended by almost 200 international practitioners from around the state. To honor our history, the ILS commissioned a living history project that involved video interviews of all of its former chairs, which then was made into a movie and shown at the gala in celebration of our silver anniversary as a section.

Our Focus on Building Our Brand. This year has been an ambitious year for the ILS on other fronts as well. Our agenda for the ILS this year was to focus, first, on branding the ILS and The Florida Bar as one of the foremost organizations in the international legal world and, second, on building and measuring accountability for ILS voluntary leaders and members to set and meet the goals of the section.

As part of that branding, the ILS organized and hosted conferences in Rio de Janeiro, Brazil in September, 2007, and in Buenos Aires, Argentina in November 2007, led by Pam Seay and Larry Gore respectively. In October 2007, we hosted a world class (as recognized by others) international tax and estate planning seminar in Miami led by William Newton. In March 2008, led by Chris Johnson, we hosted a major international arbitration conference featuring a mock international commercial arbitration, which was attended by over 120 leading international arbitration practitioners. We also will host a major international transactions conference on May 22, 2008, led by Carlos Siso as the first major project of our nascent International Business Transactions Committee, which is co-chaired by Miguel Zaldivar and Elke Rolff.

Our continuing goal is to sign new cooperative agreements with at least six more bar associations from around the world, including Genoa, Italy; Rio de Janeiro, Brazil; Buenos Aires, Argentina; Singapore; and Guatemala. This effort has been led by our immediate past chair, Francesca Russo. Ed Mullions has led our legislative committee this year, which is undertaking an enormous agenda, including the adoption of the UNCITRAL model law for international arbitration to update the Florida International Arbitration Act.

Additionally, our new membership committee, co-chaired by Mike Ehrenstein and Carlos Gonzalez, has over 10 active members and is in the process of running a promotional sweepstakes for a three-day cruise for those who bring in the most new members. The committee is organizing visits to Florida law schools to gain new law student associate members and is putting together a traveling CLE program to go from firm to firm to recruit new members to the ILS. Our ongoing goal is to increase our membership by 10 percent by the end of this year.

As the ILS chair, I will attend the IBA All Bar Conference in Amsterdam representing The Florida Bar in the community of bar associations gathered from around the world.

We will close our year at The Florida Bar Annual Convention in Boca Raton with committee meetings and an ILS luncheon featuring as a guest speaker, Bruno Ristau, a famed former U.S. Justice Department official in charge of many international programs.

None of what we accomplished this year could have been done without the help of hundreds of members, both old and new, of the ILS. I am particularly grateful for our committee chairs who led by example. I’m grateful for all the hard work of everyone who assisted on all of our programs and who pitched in when we needed it. I look forward to seeing many of you in Boca Raton.
Edward H. Davis, Jr., chair

Labor and Employment Law
I am pleased to report that our section continues to grow and advance in membership and projects. The backbone of our section is our seminars. So far this year we have held two successful ones: the 33rd Annual Public Employees Labor Relations Forum and 8th Annual Certification Review. Even facing hard economic conditions and high travel costs, these seminars were well-attended and received excellent reviews. The final regular seminar is the Advanced Labor Topics which was held in Marco Island on May 9 and 10.

Attendant to the certification review seminar was a retreat for the Long Range Planning Committee conducted every other year. It consists of goal identification and reorientation conducted by a trainer. This year’s session was attended by about 25 section members, including executive council members and past officers. We have found that this forum helps to give the new members the big picture while keeping contributing past members in the fold. Special thanks are extended to the co-chairs of the committee, Cary Singletary and Damon Kitchen who incidentally are each past section chairs.

One exciting advancement is our new Web site, which is attaining some quite complimentary reviews. Marc Snow should be complimented on his contribution to attaining the new page.

Three other projects warrant mention. One is the Law School Liaison Subcommittee headed by Jonathon Oliff. They have been very successful in awarding $1000 scholarships at many of the law schools. Also, the Local/Voluntary Bar Association Liaison Subcommittee headed by Don Ryce and greatly assisted by Alan Forst were awarded a President’s Showcase to be held at the Annual Convention on June 19th on the topic of What Every Law Firm and Law Practice Needs to Know About Federal and Florida Employment Laws. This is a great concept and we all appreciate the good press. Finally, the Publications Committee headed by Jim Craig, Sherrill Colombo, and Frank Brown continue to produce consistently good quality articles.
Stephen A. Meck, Chair

Out of State Division
The Out of State Division represents the nearly 13,500 Florida Bar members who reside outside of Florida (about 17 percent of The Florida Bar’s total membership). Recognizing the diverse interests and practice areas of out-of-state members, the division’s multi-faceted purposes include assisting out-of-state lawyers in administrative, educational, and practice development issues; facilitating networking among out-of-state Bar members; encouraging pro bono activities by out-of-state members; aiding in the development of laws that eliminate disparate treatment of out-of-state members; providing a forum for the discussion of issues of common interest; and seeking to improve the administration and application of laws, rules, regulations, and our legal system. During the past year the division carried out this mission through a variety of activities.

Long-time out-of-staters and others will notice that the division has a new name: “The Florida Bar Out of State Division.” The Supreme Court of Florida granted the division’s request to drop “Practitioners” from our name. The new name is more inclusive, reflecting the fact that not all of our members are actively engaged in the practice of law.

The division continued to sponsor educational activities, including its annual New York City seminar in February 2008 (Out of State Update: New Law and Practice Tips) and cosponsored the Federal Seminar in Washington, D.C., in March 2008 (along with the Administrative Law Section, the Appellate Practice Section, the Environmental and Land Use Section, and the Government Lawyers Section). The division has been selected to sponsor the Bar’s Presidential Showcase at the Annual Convention on Thursday, June 19. The theme will be Potpourri for the General Practitioner and a wide variety of topics will be covered. Everyone is invited to attend.

Always seeking to be accessible to its members, the division held an executive council meeting and an open reception in conjunction with the Bar’s Board of Governors’ meeting in Washington, D.C. A sizeable number of Florida Bar members from the Washington area attended the reception and talked with their board members and division officers. Due to the success of this event, the division is planning similar activities for the next out-of-state Board of Governors meeting.

The division also obtained Board of Governors approval for an overhaul to its bylaws. Notable changes include the expansion of the number of at-large seats on the governing executive council from five to six. The goal of this expansion is to give members more opportunities to participate in division leadership. Also, the procedures for carrying out the division’s business have been updated (for example, electronic meetings and voting are now authorized) and the committee structure has been streamlined.

Each year the division helps its members maintain their awareness of professional responsibility issues by providing them with the opportunity to earn free CLE ethics credits. This year the credits were offered via an audio link on the division’s Web site. The switch from mailing out tapes to providing streaming audio has been well-received.

The division encourages pro bono activities and each year nominates an out-of-state Bar member for the Bar President’s Pro Bono Service Award. This year’s award winner was Ross Benjamin Bricker of Chicago, Illinois. In 2007, Mr. Bricker performed more than 470 hours of pro bono legal representation. He handled cases involving the First Amendment, freedom of religion, public housing issues, criminal defense, civil rights, and numerous other areas of law.

Long-time service to the legal profession is also recognized by the division through its 50-year award that is bestowed on veteran Florida Bar members who have spent at least part of their careers practicing out of state. This award was presented to more than a dozen lawyers during a special luncheon and ceremony at the Bar’s Annual Convention last June.

Finally, warm thanks are extended to the members of the division’s executive council, the out-of-state representatives on the Bar’s Board of Governors, and all others who have helped through their tireless efforts to make this year another successful one for the division and all out-of-state Florida Bar members.
Timothy P. Chinaris, President

Public Interest Law
We had a very productive year with our hallmark activities, the exchange of expertise and promotion of innovative policy changes to protect the dignity, security, justice, liberty, and freedom of individuals and the public. We are a diverse group of several hundred attorneys and advocates who share an interest in advocacy and enhancement of constitutional, statutory, and other rights. Our committees address a variety of topics: legal needs of children, First Amendment law, civil rights, delivery of legal services, family preservation, disability law, and homelessness. We have something for nearly everyone; if you would like to pursue an area that is not listed, please let us know as we may be able to find like-minded attorneys to work with you.

Newsletter & Communications. Thanks to Mizell Campbell and Past-chair Tamara Gray for teaming up to produce excellent Fall and Spring newsletters. The section also has a number of active Listservs and our committees meet frequently by teleconference.

Committee Highlights. The Disability Law Committee developed a comprehensive blog that provides information and resources on the Americans with Disabilities Act and other issues of interest located at www.disabilitylawcommittee.com. Contributions are welcome. The Legal Needs of Children Committee, with the unanimous approval of the Executive Committee, is honoring the Juvenile Division of the Miami-Dade County Public Defender’s Office for their tireless work in protecting the rights of juveniles throughout the state with the Hugh Glickstein Award. Presentation will take place at the June 2008 Florida Bar Annual Convention in Boca Raton. Committee members this year provided their expertise to Florida Children’s First, a non-profit advocacy group, by reviewing and analyzing legislation proposed on behalf of children, for consideration in the 2008 legislative session; proposals reviewed related to foster care, juvenile justice, and education. The Homelessness Committee, at the Midyear Meeting, heard a CLE presentation by University of Miami law student and Public Interest Fellow Alex Schimel on Florida’s habitual misdemeanor offender law. The committee opposes the criminalization of homelessness and monitors the issue. Committee members communicate frequently on current events, including litigation updates and strategies (two members have had success in federal court), developments in the law, and training opportunities. A new committee position, law student liaison, has been filled by Stetson University College of Law student Lindsey Kofoed, who is also studying anti-homeless ordinances.

Continuing Legal Education. PILS continued its 15-year tradition of Social Security disability seminars, with the August 2007 presentation of 11th Circuit Social Security Law: Proving Mental Disabilities in Social Security Claims. Held at the Ritz Carlton in Amelia Island, the seminar was well-received and drew over 100 attendees from throughout the 11th Circuit. Topics covered included recognition of mental impairments, development of the record, presentation at the hearing, and appeals of adverse decisions. Speakers included several U.S. magistrate judges, administrative law judges, doctors, and attorneys. Plans are already underway for 2009. The Disability Law Committee has developed a CLE on selected topics, pending sponsorship and a venue or electronic delivery means. The Legal Needs of Children Committee is working on scheduling a CLE presentation on Florida’s compliance with the Adam Walsh Act and the wide-ranging impact this law will have on juveniles, their families, and the various agencies involved with these children, including placement in educational settings and educational services, housing, and the restrictions related to registered offenders, criminal law, and dependency.

Executive Committee. We received approval from the Board of Governors for a new legislative position adopted at the request of the Homelessness Committee, to add homelessness as a protected category under Florida’s hate crimes law, in response to Florida’s high rate of criminal victimization of homeless persons. The executive committee has focused on long-range planning to improve and increase collaborations with other sections of the Bar and organizations. We appreciate the work done on our behalf by Board of Governor’s Liaison Lisa Small. We thank the Young Lawyer’s Division for creating a liaison to our section, and we thank Ms. Kim Bannister for her significant contributions. Long-range planning also includes improving the financial position of the section. We recognize the challenges of financing section activities for an area of law which is, in large part, done pro bono, and frequently does not generate significant fees or have commercial partnerships. A particular challenge has been the rise in the administrative costs of holding continuing legal education seminars. We have made progress in identifying new ways to present CLE programs through technology innovations and partnerships. I sincerely thank all committee chairs for their outstanding efforts, our officers, our at-large members, and especially Chair-elect Maria Abate.
Lisa Kane DeVitto, Chair

Real Property, Probate and Trust Law
RPPTL celebrated its 50th anniversary as a section in 2004 and it had much to celebrate. Since then, we have not sat on our laurels but have continued to grow as a section, challenge our members to take on new projects and issues, improve our CLE programs, and increase our involvement in the legislative process.

The section is the largest section of The Florida Bar. It has over 10,000 members. Our executive council, which is the governing board of the section, is made up of approximately 200 member — the officers, the chairs, and vice chairs of our committees and our elected circuit representatives. The council meets five times per year and meetings typically run three days, with two days of committee meetings with a business meeting on the third day at which reports are made to the entire council and official section business is transacted. We have 58 committees between real property, probate, and general standing. Committees not only meet at council meetings but throughout the year, and committee membership is open to all members of our section. Our section sponsors numerous CLE seminars every year and our program continues to grow. the end of the current Bar year, we will have sponsored 13 CLE seminars. These seminars include three certification review courses, one seminar cosponsored with the Environmental Law Section, our annual Legislative Update that draws over 500 attendees, our annual Attorney/Trust Officer Liaison Conference with more than 400 attendees and the First Annual Construction Law Institute held in March 2008. We are constantly exploring ways that we can collaborate on seminars in order to take advantage of our collective expertise in helping to improve the practice of law.

Legislative activities are a very important part of what we do. The section, through its committee structure, works very hard year round to draft legislation to make needed changes in existing statutes. We work closely with our section legislative consultant to ensure success of this effort. Equally important is the section’s role in responding to legislation proposed by other organizations. Our section enjoys a hard-earned and well-deserved reputation as a resource for legislators who have questions about a bill involving subjects within our area of expertise. Our section members stand ready to help in this effort by providing written comments to legislators, meeting and talking with legislators and their staff and even before committees to testify about proposed legislation. It is difficult to quantify the number of hours our legislation committee contributes to this effort, but it is significant. This year we are initiating approximately 20 bills in the legislature and are closely involved with 30 others.

The section appears from time to time as amicus to the court in appellate proceedings involving important issues of law. This past year has been particularly active and our section has appeared as amicus before the Florida Supreme Court and the Third and Fourth DCAs on issues involving waiver of homestead in creditor agreements, the descent and distribution of homestead, and land trusts.

Through our section committees, we assist the Florida Supreme Court with the drafting and adoption of standard residential lease forms. Revisions were made this past year to provide consumers with up-to-date, well-drafted, fair forms.

Last year under Rohan Kelley’s leadership, our section began a membership diversity initiative. Our primary focus has been on developing a series of basic law seminars, the purpose of which is to provide minority lawyers an introduction to our practice areas, so they may handle simple real estate, probate, and trust matters, hopefully building a practice in these areas. We hope to encourage minority attorneys to become involved in our committees and, if they desire, to rise up through section leadership. Two probate and two real property courses have been presented in the last 12 months and we are planning more presentations this summer in Orlando and Ft. Lauderdale.

An important part of our diversity effort is the establishment of a mentoring program. We have established a pilot program, which will be expanded, for our mentoring initiative by reaching out to the participants in the diversity seminars and pairing them with members of our section as mentors.

Our section continues to provide leadership within The Florida Bar by offering a first-of-its-kind fellowship program to make it possible for young and diverse lawyers to participate in our section through committees and membership on our executive council. The cost of participating as an executive council member may be a barrier to many lawyers who would add youth and diversity to our committees and our leadership. Therefore, we are developing a program to award fellowships to a small number of lawyers who evidence great potential for section involvement and leadership.

Professionalism is also receiving renewed focus by RPPTL. This year, we re-organized our professionalism efforts and created a new general standing committee on professionalism and ethics. The task of this committee is to intensify the dialog of ethics and professionalism within our 200 person council, but more importantly to explore methods of bringing this information on ethics and professionalism to our 10,000 plus members.

As you can see, the RPPTL section is very active and committed to service. We solicit your participation as a section member on one of our section committees.
Melissa Jay Murphy, Chair

Trial Lawyers
The section has approximately 7,000 paying members. I would like to take this opportunity to describe for you some of the highlights and accomplishments of this Bar year as well as express appreciation to many of those who have made this a productive year for our Trial Lawyers Section.

Although many other organizations offer competing legal education programs, the TLS offers lawyers some of the best and most cost effective seminars available. Attending TLS seminars also contributes to Florida Bar revenue, hopefully reducing the need to raise dues. Bob Mansbach of Orlando has again headed our CLE committee.

In January at the Midyear Meeting, the TLS hosted a very successful and well-attended mock trial competition. This year’s program included participants from all of Florida’s law schools. Both judges of the program and other observers came away again feeling confident in the future of the trial bar in Florida. Anyone observing the mock trial competition, regardless of number of years of experience in the law, came away both impressed and educated. The winner of this year’s mock trial competition was the team from University of Miami School of Law. Kudos to Jonathan Lynn, Eileen Moss, and Kim Cook for coordinating the competition.

Each February, the TLS produces the civil trial certification review course in Tampa. This two-day program is not only for those preparing for the civil trial certification exam, but is used by many lawyers as an annual case law update. Although the course is not a requirement to take the certification exam, most who take the exam have found the review course to be invaluable. Many busy trial lawyers order the audio tapes to serve as an annual update and to obtain the necessary general CLE and certification hours. If you are interested in purchasing these tapes with the accompanying written materials, log on to The Florida Bar Web site at floridabar.org. The tapes are a great training tool for younger lawyers as well as experienced litigators.

Each May, state and federal court judges along with experienced trial lawyers from around the state gather in Gainesville for the annual trial advocacy seminar. This interactive seminar is a great training course for litigators having difficulty getting actual courtroom experience. The number of civil trials is down, but we find litigators searching for a program to help sharpen their skills. This course also provides an opportunity for experienced litigators to get reviewed, videotaped, and critiqued by some of Florida’s best lawyers and judges. The seminar has an additional advantage in that it provides all the necessary CLE and certification credit for the three-year cycle and counts as one trial substitute for those seeking to obtain certification or recertification under the Board of Legal Specialization and Education (BLSE).

In January 2008, the executive council signed a contract with a new Web host with plans to overhaul and update the TLS Web site. At the time of this writing, the Web site is still being updated. It already includes legislative updates with weekly reports of legislation affecting the legal profession, the courts, and matters related to the constitutional right of access to the courts in Florida. When completed the Web site will have links to judges and their judicial assistants, case law and other research, and tools to make the TLS Web site a one-stop search for the trial lawyer.

An additional accomplishment this year was the updating and rewriting of the Guidelines for Professional Conduct. This project, originally produced in 1999, has been updated. The guidelines have been approved by both the Conference of Circuit Court Judges and Conference of County Court Judges of Florida. The guidelines will be distributed to judges throughout Florida and are available for download on the TLS Web site at no cost.

In addition to changing the content of the TLS Web site, there are some other changes of note to report. After nearly three decades with The Florida Bar, Connie Stewart retired at the end of February 2008 as the TLS program coordinator. Also this year, Arthur I. “Buddy” Jacobs, the section’s lobbyist of nearly three decades, retired. Both of these individuals have shown remarkable dedication to trial lawyers throughout Florida for many years. They will be missed and the section will not be the same without them. We welcome Paige Graham as our new program coordinator and Bob Harris of Tallahassee as our new lobbyist.

Term limits impact legislators. The TLS executive council is no different. This year Bill Hahn of Tampa, our de facto legislative chair and a trial lawyer dedicated to causes throughout Florida, finishes his second three-year term on the executive council. Bill Fuller of Tallahassee, a long-time CLE lecturer and participant at the Advanced Trial Advocacy Program also finishes his second term and will be rotating off the executive council. Ed Cheffy of Naples, who has provided the materials and lectures on ethics at the civil trial certification review course for as long as anyone can recall, will also be rotating off the executive council. I am confident that each of these gentlemen will continue to be involved in Bar activities and will continue to make us all proud as trial lawyers. We have all benefited from their contribution of time to the profession and their efforts to make better trial lawyers of all of us. If you see them or have a spare minute, let them know we all appreciate their efforts and recognize the job very well done.

At this year’s Annual Convention in Boca Raton, the speaker at the Chester Bedell Trial Lawyers Luncheon is Judge Gerald Tjoflat of the 11th Circuit Court of Appeals. The topic of his talk will be The Independence of the American Lawyer, something near and dear to all lawyers. At the luncheon, I will turn over the reins to my successor Frank Bedell with the confidence that he will continue the legacy championed by his grandfather of trial lawyers focusing on the independence of lawyers and the judiciary.
Robert Conrad Palmer III, Chair

Workers’ Compensation
The Workers’ Compensation Section remains at status quo in terms of membership and CLE attendance despite the legislative changes that took place effective October 1, 2003. Those changes have definitely had a major effect on the morale of this section which, in my humble opinion, is at an all time low. The workers’ compensation law has, as of 2003, undergone no less than seven major “reforms” since 1974, when I began the practice in Florida. Although the section has lost some members since 2003, the losses have not been statistically significant so far.

Education of our members remains a top priority. In addition, we have coordinated our seminars with nonlawyer organizations, such as the Workers’ Compensation Claims Professionals, to reduce costs and expand attendance. This effort was a major success in 2007 and will be an even greater success in 2008. Many thanks are owed to the entire CLE committee.

The Workers’ Compensation Forum (previously the certification review course) and the “Lunch and Learn” telephonic seminar programs are two that deserve special thanks to Rick Thompson and Dawn Traverso, without whom these programs would not exist.Our new executive council election procedure, which was designed to slim down the bloated executive council, make it more geographically diverse and prevent staleness from creeping in by effecting term limits, was a huge success at the sections annual meeting in Orlando in August 2007. The process was a committee effort and all are to be commended for their time-consuming work, but individual kudos go to Martin Leibowitz, without whom the election process would not have worked as well as it did.

On a sad note, a long-time workers’ compensation practitioner, defense lawyer, claimant representative and mediator passed away. Jere Chait was a mentor to me and a friend and I am sorry to lose him. On a brighter note, Jere’s son, Richard Chait, will become the chair-elect of the section at our August 2008 meeting. The baton has passed from father to son in the workers’ compensation world.

The section has continued to work closely with the Office of Judges of Compensation Claims (OJCC), which is headed up by Deputy Chief Judge David Langham. Judge Langham has expended what appears to be limitless energy in making sure the section has input into the process of adjudicating claims, rulemaking, and what will become in future years a survey of the opinions of the members, designed to assist not only the OJCC from a procedural standpoint but also to assist the Judicial Nominating Commission and the governor in the task of reappointing sitting Judges of Compensation Claims (JCCs).

Finally, by the time this report is published, oral argument will have been held before the Supreme Court of Florida in a case that has wide- ranging implications, in my opinion, for all members of the bar. Emma Murray v. Mariners Health, Case No: SC07-244, is a case that challenges the authority of the legislature to impose an irrebuttable presumption that attorneys’ fees paid by the employer/carrier to claimant’s counsel for the successful representation of a workers’ compensation claimant when computed as a percentage of the benefits obtained, constitutes a “reasonable” fee. No such limitation is imposed on legal fees paid for the defense of workers’ compensation claims. Workers’ compensation itself is a legislatively mandated substitute remedy for common law tort recovery. In 1935, without a vote of the people or a constitutional amendment, using the police power of the state to overcome the constitutional mandate that every citizen is entitled to trial by jury in civil disputes, the right of an employee to sue an employer in tort was eliminated in favor of the substitute remedy. The lawyers in other areas of law where substitute remedies are involved, such as PIP and NICA, had better keep a close eye on this case. If Murray is affirmed, there would be nothing to prevent the legislature from imposing a 10 percent fee to be paid by the carrier in a PIP suit or NICA claim.

The workers’ compensation section was permitted to file and did file an amicus curiae brief in Murray for the purpose of advising the court that the section believes that any constraints on attorneys’ fees, claimant or defense, that run afoul of the Rules Regulating The Florida Bar, as to what constitutes a reasonable fee, should not be allowed to stand. The section also advised the court that it believes that its longstanding legislative position that injured workers have access to the courts has been seriously affected by the irrebuttable fee schedule that is so low as to reduce or eliminate the ability of injured workers to obtain counsel. The JCC in Murray found that claimant’s counsel over a strenuous defense, prevailed to the tune of $3,244.21 in benefits, that the attorney spent 84 hours in the prosecution of the claim for those benefits and that the fee had to be $648.84 per the legislatively mandated fee schedule. The resulting fee amounted to $8.11 per hour. The JCC did not think that was “reasonable” but JCCs must follow the law. The First DCA in Murray v. Mariner’s Health, 946 So. 2d 38 (Fla. 1st DCA 2006), seemed powerless to alter the fee award having concluded in earlier cases that the irrebuttable presumption of “reasonableness” was nonetheless constitutional. The Supreme Court on a 4-3 vote accepted jurisdiction.

If Murray is affirmed, I suspect there will be a much different message in this space next year.
Mark L. Zientz, Chair