Podcasts about florida statutes

Today's location-specific episode features Florida.  We explore the overview of the housing guiding document called Florida Residential Landlord Tenant Act.  Each of my location-specific podcasts is set up the same way answering the same four questions:  1) What are the basics of the Florida Residential Landlord Tenant Act, 2) What are the nuances of this location – what is different that stands out?, 3) Some guidance about abandoned items left behind by a tenant in a rental inFlorida, and 4) Where to get help in your local area in Florida.  This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today's episode will get you started!This episode includes resources for Florida including:Florida Residential Landlord Tenant Act Landlord/Tenant Law in Florida / Consumer Resources / Home - Florida Department of Agriculture & Consumer ServicesRights and Duties of Tenants and LandlordsStatutes & Constitution :View Statutes : Online Sunshine6 Tenant Rights That All Florida Tenants and Landlords Need to Know | About Florida LawThe 2024 Florida Statutes (including 2025 Special Session C)Residential Landlord-Tenant  | Florida RealtorsChapter 705 - 2021 Florida Statutes - The Florida Senate

In Florida, real estate teams or groups must adhere to specific advertising regulations outlined in Florida Administrative Code Rule 61J2-10.026. Key requirements include:​• Brokerage Supervision: All team members must operate under the supervision of the same registered broker or brokerage. • Designation of Responsibility: Each team must appoint a designated licensee responsible for ensuring the team's advertising complies with Chapter 475 of the Florida Statutes and Division 61J2 of the Florida Administrative Code.• Monthly Member Records: The registered broker is required to maintain an up-to-date written record of all team members, updated at least monthly. ​• Naming Restrictions: Team names may include "team" or "group" but must not contain terms that suggest the team is a separate real estate brokerage or company, such as:​• Agency​• Associates​• Brokerage​• Brokers• Company​• Corporation• Corp.​• Inc.​• LLC​• LP, LLP, or Partnership​• Properties​• Property​• Real Estate​• Realty​This is to prevent any implication that the team operates independently of the brokerage.• Advertising Display: In all advertisements, the team name must not appear in larger print than the name or logo of the registered brokerage. This ensures that the brokerage's identity is prominent and clear to the public. ​These rules are designed to maintain transparency and prevent consumer confusion regarding the relationship between real estate teams and their supervising brokerages.​Want to know more? Send us an email or ask to join us on The Real Estate Finder Podcast!www.RealEstateFinder.comShop podcast T-shirts: prowrestlingtees.com/matthewmaniaCheck out some of the best vendors and service providers in Florida:RealEstateFinder.com/PreferredVendorsSubscribe to our newsletter or see past issues at:RealEstateFinder.com/NewsletterBrought to you by: Matthew H. MaschlerReal Estate BrokerSignature Real Estate Finder, LLCwww.RealEstateFinder.comAsk about joining the Signature team! Learn more about the Signature Real Estate Companies and why you should join South Florida's real estate industry leaders, Ranked #1 in Boca Raton, #25 in Florida and #336 in the Nation.SignatureRecruiter.comOffices in Boca Raton, Delray Beach, Coral Springs / Parkland, Ft Lauderdale, Miami, Naples, Palm Beach, Orlando and throughout Florida.And be sure to check out BocaRatonWrestling.comLearn how to support our efforts to provide housing in Haitifrank-mckinney.com/caring-house-projectHelp Israel Now! All support goes Straight to Israel's Soldierswww.yasharlachayal.org

More than two dozen protesters gathered outside the Manatee County Courthouse in downtown Bradenton on Wednesday morning to support Ashley Benefield, a former ballerina accused of murdering her estranged husband. Benefield, 32, faces charges of second-degree murder for the death of her husband, Doug Benefield, a case set to go to trial on July 22. The case has garnered significant media attention, inspiring podcasts, true-crime TV shows like CBS's “48 Hours,” and drawing Court TV coverage. Ashley Benefield's supporters argue that she acted in self-defense and that there should not be a murder trial. Supporters, holding signs that read “We stand with Ashley,” “There is nothing illegal about defending your life,” and “Believe victims of domestic violence,” gathered to voice their disapproval of the charges. Barbara Russell, a social worker and mental health professional among the demonstrators, stated, “Ashley Benefield was doing what every American has a right to do, and that is defend her life in her own home.” She described the charges as a “miscarriage of justice,” adding, “That's why people are out today demanding justice.” On September 27, 2020, Ashley Benefield ran to a neighbor's house in Lakewood Ranch, Florida, claiming she had shot her husband in self-defense. Doug Benefield, who was 58 at the time, had gunshot wounds to his right leg, right arm, and chest. He died later that night in the hospital. Four .45 caliber casings were found on the floor of Ashley's bedroom, along with a bullet on the floor and two more embedded in the walls. Court documents reveal the Benefields had a history of domestic issues, including a contentious custody battle over their child. Ashley Benefield and her lawyer have argued she was a victim of Doug's repeated abuse, including stalking, physical violence, and an incident where Doug allegedly shot a gun into the ceiling. However, Judge Whyte, following a Stand Your Ground hearing, ruled that Ashley was not entitled to immunity from prosecution. Prosecutors Suzanne O'Donnell and Rebecca Freel argued that Doug's death was not a singular act of self-defense but the result of a "lengthy, concerted effort." Catherine Dolan, who marched alongside her 13-year-old daughter, Carolina, expressed concern that prosecuting Ashley could discourage other domestic violence survivors from defending themselves. “This outcome is disheartening for survivors of domestic violence and victims' advocates,” Dolan said. “I hope this case can lead to some positive change.” Ashley Benefield's lawyer, Neil Taylor, stated, “Our law firm supports and stands behind Ashley Benefield 100%,” emphasizing that “domestic violence is an epidemic in America and bias against women permeates all our institutions.” The Manatee County Sheriff's Office previously stated that detectives found “no evidence that” Ashley Benefield “was acting in self-defense when she fired multiple shots at her husband” and that there were “no signs that she had been physically abused.” Ashley Benefield appeared in court for a hearing this week, with her trial scheduled for July 22 at 8:30 a.m. If convicted, she faces up to life in prison for second-degree murder with a firearm, according to Florida Statutes. Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj Follow Our Other Cases: https://www.truecrimetodaypod.com The latest on The Downfall of Diddy, The Karen Read Trial, Catching the Long Island Serial Killer, Awaiting Admission: BTK's Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com 

More than two dozen protesters gathered outside the Manatee County Courthouse in downtown Bradenton on Wednesday morning to support Ashley Benefield, a former ballerina accused of murdering her estranged husband. Benefield, 32, faces charges of second-degree murder for the death of her husband, Doug Benefield, a case set to go to trial on July 22. The case has garnered significant media attention, inspiring podcasts, true-crime TV shows like CBS's “48 Hours,” and drawing Court TV coverage. Ashley Benefield's supporters argue that she acted in self-defense and that there should not be a murder trial. Supporters, holding signs that read “We stand with Ashley,” “There is nothing illegal about defending your life,” and “Believe victims of domestic violence,” gathered to voice their disapproval of the charges. Barbara Russell, a social worker and mental health professional among the demonstrators, stated, “Ashley Benefield was doing what every American has a right to do, and that is defend her life in her own home.” She described the charges as a “miscarriage of justice,” adding, “That's why people are out today demanding justice.” On September 27, 2020, Ashley Benefield ran to a neighbor's house in Lakewood Ranch, Florida, claiming she had shot her husband in self-defense. Doug Benefield, who was 58 at the time, had gunshot wounds to his right leg, right arm, and chest. He died later that night in the hospital. Four .45 caliber casings were found on the floor of Ashley's bedroom, along with a bullet on the floor and two more embedded in the walls. Court documents reveal the Benefields had a history of domestic issues, including a contentious custody battle over their child. Ashley Benefield and her lawyer have argued she was a victim of Doug's repeated abuse, including stalking, physical violence, and an incident where Doug allegedly shot a gun into the ceiling. However, Judge Whyte, following a Stand Your Ground hearing, ruled that Ashley was not entitled to immunity from prosecution. Prosecutors Suzanne O'Donnell and Rebecca Freel argued that Doug's death was not a singular act of self-defense but the result of a "lengthy, concerted effort." Catherine Dolan, who marched alongside her 13-year-old daughter, Carolina, expressed concern that prosecuting Ashley could discourage other domestic violence survivors from defending themselves. “This outcome is disheartening for survivors of domestic violence and victims' advocates,” Dolan said. “I hope this case can lead to some positive change.” Ashley Benefield's lawyer, Neil Taylor, stated, “Our law firm supports and stands behind Ashley Benefield 100%,” emphasizing that “domestic violence is an epidemic in America and bias against women permeates all our institutions.” The Manatee County Sheriff's Office previously stated that detectives found “no evidence that” Ashley Benefield “was acting in self-defense when she fired multiple shots at her husband” and that there were “no signs that she had been physically abused.” Ashley Benefield appeared in court for a hearing this week, with her trial scheduled for July 22 at 8:30 a.m. If convicted, she faces up to life in prison for second-degree murder with a firearm, according to Florida Statutes. Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj Follow Our Other Cases: https://www.truecrimetodaypod.com The latest on The Downfall of Diddy, The Karen Read Trial, Catching the Long Island Serial Killer, Awaiting Admission: BTK's Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com 

More than two dozen protesters gathered outside the Manatee County Courthouse in downtown Bradenton on Wednesday morning to support Ashley Benefield, a former ballerina accused of murdering her estranged husband. Benefield, 32, faces charges of second-degree murder for the death of her husband, Doug Benefield, a case set to go to trial on July 22. The case has garnered significant media attention, inspiring podcasts, true-crime TV shows like CBS's “48 Hours,” and drawing Court TV coverage. Ashley Benefield's supporters argue that she acted in self-defense and that there should not be a murder trial. Supporters, holding signs that read “We stand with Ashley,” “There is nothing illegal about defending your life,” and “Believe victims of domestic violence,” gathered to voice their disapproval of the charges. Barbara Russell, a social worker and mental health professional among the demonstrators, stated, “Ashley Benefield was doing what every American has a right to do, and that is defend her life in her own home.” She described the charges as a “miscarriage of justice,” adding, “That's why people are out today demanding justice.” On September 27, 2020, Ashley Benefield ran to a neighbor's house in Lakewood Ranch, Florida, claiming she had shot her husband in self-defense. Doug Benefield, who was 58 at the time, had gunshot wounds to his right leg, right arm, and chest. He died later that night in the hospital. Four .45 caliber casings were found on the floor of Ashley's bedroom, along with a bullet on the floor and two more embedded in the walls. Court documents reveal the Benefields had a history of domestic issues, including a contentious custody battle over their child. Ashley Benefield and her lawyer have argued she was a victim of Doug's repeated abuse, including stalking, physical violence, and an incident where Doug allegedly shot a gun into the ceiling. However, Judge Whyte, following a Stand Your Ground hearing, ruled that Ashley was not entitled to immunity from prosecution. Prosecutors Suzanne O'Donnell and Rebecca Freel argued that Doug's death was not a singular act of self-defense but the result of a "lengthy, concerted effort." Catherine Dolan, who marched alongside her 13-year-old daughter, Carolina, expressed concern that prosecuting Ashley could discourage other domestic violence survivors from defending themselves. “This outcome is disheartening for survivors of domestic violence and victims' advocates,” Dolan said. “I hope this case can lead to some positive change.” Ashley Benefield's lawyer, Neil Taylor, stated, “Our law firm supports and stands behind Ashley Benefield 100%,” emphasizing that “domestic violence is an epidemic in America and bias against women permeates all our institutions.” The Manatee County Sheriff's Office previously stated that detectives found “no evidence that” Ashley Benefield “was acting in self-defense when she fired multiple shots at her husband” and that there were “no signs that she had been physically abused.” Ashley Benefield appeared in court for a hearing this week, with her trial scheduled for July 22 at 8:30 a.m. If convicted, she faces up to life in prison for second-degree murder with a firearm, according to Florida Statutes. Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj Follow Our Other Cases: https://www.truecrimetodaypod.com The latest on The Downfall of Diddy, The Karen Read Trial, Catching the Long Island Serial Killer, Awaiting Admission: BTK's Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com

In Episode 25 of The Chartwell Chronicles, host Colin Davis is joined by special guest Thomas Marchese from our Tallahassee, FL office. During this episode, Colin and Tom discuss Florida workers' compensation defense and explore how Florida compares to other jurisdictions. Please make sure to like and subscribe to The Chartwell Chronicles wherever podcasts are available and join our hosts bimonthly as they dive deeper into Chartwell Law's practice areas and jurisdictions. Like what you hear? Feel free to share this podcast episode with any family, friends, and colleagues who would enjoy the content. Don't forget to rate and review The Chartwell Chronicles on whichever platform you are listening! About our host and guest: Colin Davis is a partner in Chartwell Law's Moorestown, NJ office, and he focuses his practice exclusively on workers' compensation and representing employers, self-insureds, insurance carriers, and adjusters operating in New Jersey. To contact Colin or view his full attorney bio, please visit his attorney page on the Chartwell Law website, ⁠⁠⁠⁠⁠⁠⁠⁠AVAILABLE HERE⁠⁠⁠⁠⁠⁠⁠⁠. Thomas Marchese is a partner in Chartwell Law's Tallahassee, FL office, where he focuses his practice on workers' compensation, subrogation and lien litigation, and retaliatory discharge litigation under section 440 Florida Statutes. To contact Tom or view his full attorney bio, please visit his attorney page on the Chartwell Law website, ⁠AVAILABLE HERE⁠. Connect with Chartwell Law: ⁠⁠⁠⁠⁠⁠⁠⁠Firm Website⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠JD Supra⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠LinkedIn⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠Facebook⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠Twitter⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠Instagram⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠YouTube⁠⁠⁠⁠⁠⁠⁠⁠ Legal Disclaimer: The Chartwell Chronicles podcast does not constitute legal advice. Every case is unique and fact-specific, and you should consult with an attorney of your choice before taking or refraining from taking any action. Chartwell has offices in many cities and states, and the podcast hosts work primarily out of the firm's Moorestown, NJ office. News reports, references and other materials noted herein are no substitute for your own investigation of relevant facts. Allegations are just that; they are not proof of any wrongdoing or inappropriate practices. This podcast is intended for clients of Chartwell Law and for those companies with existing or future professional relationships with Chartwell Law. Copyright © 2023 by The Chartwell Law Offices, LLP. All Rights Reserved. In some jurisdictions this may be considered attorney advertising.

At the Third National Conference of Commissions on the Status of Women, a group of women, led by writer Betty Friedan and organizer and attorney Pauli Murray, decided that to make progress they needed to form an independent national civil rights organization for women. Within months, the National Organization for Women had 300 founding members, a slate of officers, and a statement of purpose. By 1974, NOW boasted 40,000 members in over 700 chapters, and today NOW claims hundreds of thousands of members in all 50 states and DC, working toward equal rights for women and girls. Joining me to discuss the history of NOW is Dr. Katherine Turk, Associate Professor of History and Adjunct Associate Professor of Women's and Gender Studies at the University of North Carolina at Chapel Hill, and author of The Women of Now: How Feminists Built an Organization That Transformed America. Our theme song is Frogs Legs Rag, composed by James Scott and performed by Kevin MacLeod, licensed under Creative Commons. The mid-episode audio are “Light Thought Var. 2” and “Vision of Persistence," by Kevin MacLeod (incompetech.com);Licensed under Creative Commons: By Attribution 4.0 License.The episode image is: “ERA March from Governor's mansion to the capitol - Tallahassee, Florida,” photographed by Donn Dughi; this work is from the Florida Memory Project hosted at the State Archive of Florida, and is released to the public domain in the United States under the terms of Section 257.35(6), Florida Statutes.  Additional Sources: “United States President's Commission On The Status Of Women Records,” John F. Kennedy Presidential Library and Museum. “American Women: Report of the President's Commission on the Status of Women, 1963,” Department of Labor. “The Powerful, Complicated Legacy of Betty Friedan's ‘The Feminine Mystique,'” by Jacob Muñoz, Smithsonian Magazine, February 4, 2021. “National Organization for Women, ‘Statement of Purpose' (1966),” The American Yawp Reader. “National Organization for Women (NOW) founding documents, 1966–1968,” National Organization for Women Records, Schlesinger Library “National Organization for Women Founder on Group's 50th Anniversary and Finding Success in Anger,” by Olivia B. Waxman, Time Magazine, June 30, 2016. “Feminist Factions United and Filled the Streets for This Historic March,” by Maggie Doherty, The New York Times, Originally published August 26, 2020, and updated September 3, 2020. “The Equal Rights Amendment: The Most Popular Never-Ratified Amendment,” by Christine Blackerby, National Archives Education Updates, December 5, 2013. “How Phyllis Schlafly Derailed the Equal Rights Amendment,” by Lesley Kennedy, History.com, Originally published March 19, 2020, and updated September 29, 2023. “The 1978 Equal Rights Amendment March,” by Henry Kokkeler, Boundary Stones, WETA, April 12, 2022. National Organization for Women Learn more about your ad choices. Visit megaphone.fm/adchoices

In an effort to reduce litigation and improve communications between insureds and insurers in the state of Florida, the legislature enacted changes to increase transparency throughout the claims handling process. RumbergerKirk attorneys Allan Rotlewicz and Robert Barton discuss legislative changes to Florida Statutes and what those changes mean moving forward for insurers beginning in January 2023.

ZIFL - Volume 26 Issue 21 In this the 21st issue of the 26th year of publication of Zalma's Insurance Fraud Letter you will find articles that discuss the following insurance fraud issues: When an Insured Lies to his Insurer the Claim May Be Denied In Cesar Benitez v. Universal Property And Casualty Insurance Company, No. 4D21-3281, Florida Court of Appeals, Fourth District (October 12, 2022) Cesar Benitez appealed the trial court's entry of final summary judgment in favor of Universal Property and Casualty Insurance Company (“Insurer”) in a first-party property insurance dispute over a water damage claim. In his application for a policy with the Insurer, Benitez reported no previous losses on his property. However, after Benitez filed a claim for new damage, the Insurer's inspector found signs of pre-existing damage and repairs. The Insurer denied Benitez's claim but continued to collect premiums from him for several years. Benitez then sued for breach of contract, and Insurer asserted an affirmative defense based on section 627.409, Florida Statutes (2019). Read the full article and the full issue at: ZIFL-11-01-2022 Chutzpah: Insurance Criminals Conduct on Release Must Stay in Jail Conduct After Post Conviction Relief Requires Jail. In Monnie Villareal v. State Of Mississippi, No. 2021-CP-00440-COA, Court of Appeals of Mississippi (October 11, 2022), the Court of Appeals of Mississippi dealt with a request to avoid jail after conviction for insurance Read the full article and the full issue at: http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-11-01-2022.pdf Good News From the Coalition Against Insurance Fraud This issue includes information about convictions like: Roshanak Khadem ran clinics that provided beauty and spa services. Read the full article and the full issue at: http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-11-01-2022.pdf How to Add to the Professionalism of Your Claims Staff The insurance industry has been less than effective in training its personnel. Their employees, whether in claims, underwriting or sales, are hungry for education and training to improve their work in the industry. Read the full article and the full issue at:http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-11-01-2022.pdf How To Defeat or Deter Insurance Fraud Insurers Must be Proactive Against Insurance Fraud Insurers Must Stop the Logarithmic Growth of Insurance Fraud Read the full article and the full issue at :http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-11-01-2022.pdf Health Insurance Fraud Convictions New York Doctor Settles Improper Billing and Controlled Substance Act Claims Physician Admits Upcoding of Services [Plus dozens of other convictions] Read the full article and the full issue at: http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-11-01-2022.pdf A False Statement at EUO Voids Coverage Where a plaintiff admits to making false statements with the intent that his insurer relies on those statements, the issue of whether such false statements were made need not be tried to a judge or jury. Similarly, whether a false statement was made knowingly and with the intent to deceive the insurer is usually a question of fact but may be decided as a matter of law where the insured admits that he made knowingly false statements with the intent that the insurer rely upon them because that is, by definition, fraud. [Ram v. Infinity Select Ins., 807 F. Supp. 2d 843 (N.D. Cal. 2011)] Read the full article and the full issue at: http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-11-01-2022.pdf Other Insurance Fraud Convictions --- Support this podcast: https://anchor.fm/barry-zalma/support

Insurer May Deny a Claim When Insured Lies on Application Rescission Requires Return of Premium Denial of Claim Does Not Cesar Benitez appealed the trial court's entry of final summary judgment in favor of Universal Property and Casualty Insurance Company ("Insurer") in a first-party property insurance dispute over a water damage claim. In Cesar Benitez v. Universal Property And Casualty Insurance Company, No. 4D21-3281, Florida Court of Appeals, Fourth District (October 12, 2022) the Court of Appeals was asked to interpret a statute and the policy wording. FACTS In his application for a policy with Insurer Benitez reported no previous losses on his property. However, after Benitez filed a claim for new damage, Insurer's inspector found signs of pre-existing damage and repairs. Insurer denied Benitez's claim but continued to collect premiums from him for several years. Benitez then sued for breach of contract, and Insurer asserted an affirmative defense based on section 627.409, Florida Statutes (2019). The statute provides: (1) Any statement or description made by or on behalf of an insured or annuitant in an application for an insurance policy or annuity contract, or in negotiations for a policy or contract, is a representation and not a warranty. Except as provided in subsection (3), a misrepresentation, omission, concealment of fact, or incorrect statement may prevent recovery under the contract or policy only if any of the following apply: (a) The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer. § 627.409(1)(a), Fla. Stat. (2019) (emphasis added). Additionally, Insurer's policy allowed denial of coverage if Benitez "[i]ntentionally concealed or misrepresented any material fact or circumstance; (2) [e]ngaged in fraudulent conduct; or (3) [m]ade material false statements; relating to this insurance." The Insurer also moved for dismissal based on fraud on the court or, in the alternative, for summary judgment pursuant to section 627.409 based on material misrepresentations. At a hearing on that motion, Benitez did not dispute his failure to disclose the prior claim in both his policy application and discovery responses to interrogatories and sworn statements in his deposition. Benitez instead argued the Insurer could not claim rescission as an affirmative defense because the Insurer had continued to collect premiums from him for approximately two years after learning of the prior undisclosed claim. The Insurer contended it sought only to deny coverage under section 627.409 and not to rescind the policy --- Support this podcast: https://anchor.fm/barry-zalma/support

The predecessor to the FWC (the agency name has changed over the years) was established in 1942 by an amendment to the Florida Constitution which became current Article 4, Section 9. It originally gave the Commission power over “birds, game, fur bearing animals, and fresh water fish of the State of Florida.” In later amendments to the Constitution this phrase was changed to “wild animal life and fresh water aquatic life.”   The FWC originally interpreted the 1942 language to give the agency power over captive wildlife in addition to Florida's native free wildlife. In 1960 their attempt to regulate captive animals ended up in the Florida Supreme court with Barrow v. Holland, 125 So.2d, 749, 751 (Fla 1960).  The Court ruled that the amendment did NOT give FWC power of captive animals. As a result, the Legislature stepped in and passed currently numbered Florida Statutes §§ 379.303, 379.304, 379.3761, and 379.3762 to add regulatory authority over captive wildlife to the agency's powers.   In 2007 in house counsel for FWC produced a memorandum arguing that FWC's powers over captive animals comes from BOTH the statutes and the Constitution. To the extent the power comes from the Constitution, their argument is that the agency's powers cannot be altered by the legislature except in the very limited way provided for in the Amendment, which states “The legislature may enact laws in aid of the commission, not inconsistent with this section.”   The basis for this FWC position in the memo is that changes to the Amendment language since 1942 have rendered Barrow no longer applicable law and that references to the Constitutional powers in certain subsequent cases support this interpretation.   An analysis of those changes in language in the amendments to the Constitution and of the cited cases by attorneys at Johnson, Pope, Bokor, Ruppel & Burns, LLP and concurred with by University of Florida Constitutional Law Professor Joe Little reveals that the FWC argument is flawed and that FWC's power over captive animals comes entirely from the statute, not at all from the Constitution (see https://www.jpfirm.com/news-resources/constitutional-authority-florida-legislature-ban-private-ownership-exotic-animals/ ). What the Legislature giveth, the Legislature can take away. Therefore it is clear that the Florida legislature has the authority to ban private ownership of big cats as other state legislatures have done.   WHAT CAN FLORIDA LEARN FROM OTHER STATES AND WHAT SHOULD THE FLORIDA BAR RECOMMEND TO ADDRESS THIS PROBLEM? https://vimeo.com/222234998/ There are only four remaining states that have no laws regarding ownership of dangerous big cats. Until 2011 Ohio was one of those known for having a very large population of unregulated exotic animals.  Then, in a horrible incident known as “the Zanesville massacre” that made national news, Terry Thompson, an exotic animal owner, intentionally released 56 dangerous animals including 18 tigers and 17 lions and then committed suicide. As dark approached law enforcement officials were forced to shoot to kill 49 of those animals. Subsequently Zanesville's Sheriff Lutz has become a strong advocate of national legislation to limit private possession of big cats (see his moving video at 4991058dae ) and the National Sheriffs' Association has endorsed a federal bill severely limiting ownership of big cats (Big Cat Public Safety Act, H.R 1818/S.2990).   What renders almost all of the state laws largely ineffective is that they operate much like the Florida law that only prohibits owning the animals as pets.  I.e. they exempt anyone who has a USDA license.  This includes all of the roadside zoos who continue to keep these animals in conditions that are unnatural and cruel given what we know about how intelligent and sentient these animals are. The animals endure these conditions because, as described in detail above, trying to enforce regulations intended to protect the animals is simply not practical given the cost limitations associated with inspecting, investigating and prosecuting violators.   Fortunately the trend in state law has been NOT to exempt USDA licensees, but instead to recognize that both animal welfare concerns and public safety concerns dictate banning ownership outside of (1) the major zoos accredited by the Association of Zoos and Aquariums, who operate under much higher animal welfare standards than the FWC or USDA standards, and (2) sanctuaries who are needed to care for the discarded or seized animals and do not add to the problem by breeding more cats. The trend toward not exempting all USDA licensees is evidenced in the laws in Washington State, Ohio, Kentucky and West Virginia (although the latter grandfathered in past USDA license holders who keep their licenses in force).   One logical provision common in these laws is a grandfather clause allowing current owners to keep their cats but prohibiting them from breeding or acquiring more. As a practical matter, sanctuaries have very limited capacity and there would be no place for confiscated cats to go if they were taken from all the private owners. The lifespan of these cats is 10-20 years depending on the conditions in which they are kept.  Given the average age of the current big cat population, a law prohibiting further breeding outside the Species Survival Plans managed by the AZA zoos would result in most of the privately owned cats having passed on within a decade after the passage of a law.   Awareness is rapidly growing that the often cited biblical reference to “dominion over animals” does not mean they are like inanimate objects subject to our whim to be used for entertainment or exploited for gain without concern for their natural needs. It means we have responsibility for them. Trying to regulate a large number of private owners is simply not practical. It is time for Florida, once a stronghold of inhumane roadside zoos, to catch up to the growing understanding in our society that these iconic animals do not belong in tiny cages for someone to exploit by charging the public to gawk at them, handle them, or swim with them. Florida should follow the lead of the more forward thinking states that have banned private ownership and breeding outside of the AZA zoos and sanctuaries while grandfathering in existing owners who then have years to transition out of their big cat exhibition activities.   Howie is a genius! He wrote this for Marcia to present to the Animal Law Section so they can start the wheels moving to allow for a state ban on big cats in Florida.     Hi, I'm Carole Baskin and I've been writing my story since I was able to write, but when the media goes to share it, they only choose the parts that fit their idea of what will generate views.  These are my views and opinions. If I'm going to share my story, it should be the whole story.  The titles are the dates things happened. If you have any interest in who I really am please start at the beginning of this playlist: http://savethecats.org/   I know there will be people who take things out of context and try to use them to validate their own misconception, but you have access to the whole story.  My hope is that others will recognize themselves in my words and have the strength to do what is right for themselves and our shared planet.     You can help feed the cats at no cost to you using Amazon Smile! Visit BigCatRescue.org/Amazon-smile   You can see photos, videos and more, updated daily at BigCatRescue.org   Check out our main channel at YouTube.com/BigCatRescue   Music (if any) from Epidemic Sound (http://www.epidemicsound.com) This video is for entertainment purposes only and is my opinion.  Closing graphic with permission from https://youtu.be/F_AtgWMfwrk  

Recently, the Board of Nursing voted to approve the following revised language for adoption by rule as the definition of “primary care practice”: “Includes physical and mental health promotion, assessment, evaluation, disease prevention, health maintenance, counseling, patient education, diagnosis and treatment of acute and chronic illnesses, inclusive of behavioral and mental health conditions”. This definition would be read in conjunction with Section 464.0123(3), Florida Statutes. The Board also voted to accept the recommendation, also for adoption by rule, from the Council on APRN Autonomous Practice for “standards of practice” as: “Advanced practice registered nurses who are registered pursuant to Section 464.0123, F.S., shall engage in autonomous practice only in a manner that meets the General Standard of Practice. The General Standard of Practice shall be that standard of practice, care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similarly situated health care providers.” Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: #JonesHealthLaw --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

WITHDRAWAL OF FRAUDULENT PORTION OF CLAIM DOES NOT ELIMINATE FRAUD Star Casualty Insurance Company appealed a summary final judgment and attorney fee award entered in favor of Gables Insurance Recovery, Inc., as assignee of Star Casualty's insured, Ana Maria Correa. Star Casualty alleges that the trial court erred by granting summary judgment due to genuine issues of material fact concerning whether Correa's medical bills for diagnostic imaging procedures were medically necessary and related to the underlying accident for purposes of section 627.736, Florida Statutes. Additionally, Star Casualty alleged that the trial court reversibly erred by striking four affirmative defenses from its amended answer that could have exempted it from liability for the claim. Star Casualty Insurance Company v. Gables Insurance Recovery, Inc., a/a/o Ana Maria Correa, Nos. 3D21-0033, 3D21-0377, Florida Court of Appeals, Third District (July 20, 2022) FACTS Correa was involved in a vehicle accident on January 19, 2009 and sustained injuries. Subsequently, Correa received diagnostic imaging procedures costing a total of $3,375.00, and Gables, as her assignee, submitted a claim to the insurer for reimbursement of eighty percent of the reasonable medical expenses pursuant to section 627.736(1)(a). After the insurer paid only $400.71 and denied the remainder of the claim, Gables sued to recover the remaining costs. Star Casualty proffered an affidavit by Edward A. Dauer, M.D., opining that the charges were not medically necessary or related to the accident. This affidavit also noted that three of the imaging procedures performed on Correa appeared to have been improperly upcoded or unbundled with other procedures. Based on Dr. Dauer's affidavit, Star Casualty also amended its answer to add affirmative defenses asserting that it was exempt from paying the entire because the three charges were fraudulent, upcoded, or unbundled. Prior to the summary judgment hearing, Gables voluntarily withdrew its claims for reimbursement of the three charges Star Casualty based its affirmative defenses on. Gables then moved to strike the defenses from Star Casualty's answer, alleging that the withdrawal of the claims for those three charges made the corresponding defenses irrelevant and moot. The trial court, concluding that Dr. Dauer's affidavit related solely to the reasonableness of the charges and did not create any genuine dispute of material fact as to relatedness and necessity, granted partial summary judgment on the relatedness and necessity issues and granted Gables' motion to strike the affirmative defenses. Star Casualty then stipulated to the remaining issue of reasonableness, and the court entered a final judgment and an award of attorney fees and costs in favor of Gables soon after. --- Support this podcast: https://anchor.fm/barry-zalma/support

This new statute is 100% unconstitutional folks and hope it's challenged soon and tossed out like it was in 2012. This is what happened in 2012: In an opinion issued on Thursday, December 13, 2012, the Florida Supreme Court declared Section 316.3045, Florida Statutes (2007), to be invalid. The law prohibits motorist from playing music or amplified sound at a volume that is “plainly audible” to someone 25 feet away. Upholding a Second District Court of Appeal decision, State v. Catalano, 60 So. 3d 1139 (Fla. 2d DCA 2011), the Court held the statute is invalid because it is an unreasonable restriction on the freedom of expression. The Court also held the statute is not unconstitutionally vague, but is unconstitutionally overbroad and an impermissible content-based restriction. Justice Jorge Labarga writing for the majority, stated the law is “content based” as it did not apply “equally to music, political speech and advertising”. The law provides an exemption to motor vehicles used for business and political purposes, thus treating commercial and political speech more favorably than noncommercial speech. Email: realnewsocala@gmail.com --- Support this podcast: https://anchor.fm/lee-leffingwell/support

Welcome to episode 13 of Summarily—A Podcast for Busy Lawyers. Last week the podcast crossed the 1000 download threshold. Thank you for your support!   The 11th Circuit, citing to a Supreme Court "shadow docket" order that did not include a majority opinion, granted a stay in an important voting rights case. That opinion, and others, are covered in this episode.  Here are the links to the opinions:Ford Motor Credit Company v. Parks, 1st DCA (May 11th) (evidence; legibility of documents).Commodore, Inc. v. Lloyd's of London, 3d DCA (May 11th) (economic loss due to COVID restrictions is not “physical loss or damage to property” under insurance contact).Naso v. Ronald Hall and G4S Secure Solutions, 4th DCA (May 4th) (sovereign immunity; limited immunity for private parties that contract with the State).McKinley v. Gualtieri, 2d DCA (May 4th) (Florida dog-bite statute; discretionary vs. operational).Simmons v. Public Health Trust of Miami-Dade County, 3d DCA (May 4th) (pre-suit notice).League of Women Voters of Florida, Inc. v. Florida Secretary of State, U.S.C.A. 11th Cir. (May 6th) (voting rights; reliance on “shadow docket” orders).Corbett v. State, 5th DCA (May 13) (appellate review of stand your ground orders).Florida Statutes section 90.2035, (judicial notice).If you have comments or suggestions, please e-mail me at summarilypod@gmail.com.  Caselaw is one word!

Let's say you've just had a car accident, and a police officer comes to the scene, interviews a few witnesses, gives you a ticket and writes a report that says you're at fault. What next? Does it necessarily mean you're at fault and have no case?   For one, what is a police report? The police report is a police officer's opinion about what happened when they spoke to the people who saw the accident. There's no reason why your case should not move forward because If your case ever gets to court, what's in the police officer's report never comes up.  In this episode of the David vs. Goliath podcast, elite civil trial lawyers Matt Dolman and his partner, Stan Gipe, discuss why a police report should not deter you from pursuing a potential claim. They also talk about your options, even if your case is about splitting liability.  In this episode:[00:40] Stan Gipe introduces the topic of the day: police reports and their relevance to your injury case  [02:00] is the police report admissible in court?  [03:33] How Stan will represent a client who the police report says is at fault  [04:33] What the police report is and how the MAIT (Major Accident Investigation Team) report is different  [05:27] Something else you need to know: can what you say to the police officer at your auto accident scene be used against you in a state of Florida court? [06:54] What does being at fault or partially at fault mean for your case?  [08:11] Why it is crucial always to get a second or third opinion  [10:36] The police report can be wrong in many ways. What should you do if the police report is incorrect about your case?  [12:16] Conclusion: your choice of a lawyer makes all the difference

In this edition of The GRID, host Chris Kuhlmann discusses the Florida HB1557, otherwise fraudulently known as the Don't Say Gay Bill. Chris walks the audience through the details of this brief bill and proves the bill contains no terms referencing any LGBTQ terminology or like references. The moniker, Don't Say Gay Bill, is a lie.   CREDITS Host: Chris Kuhlmann Written by: Chris Kuhlmann Produced by: Chris Kuhlmann Shaun Griffin Music composed by JD Kuhlmann Art: Shaun Griffin Sound: Chris Kuhlmann and Shaun Griffin Sponsor: Sand Castles Cottages of Lake Michigan Be sure to visit www.sandcastlescottages.com   Questions? Drop us a line at admin@kingdompatriot.us Visit us at www.kingdompatriot.us and check out our Vision Video   THE BILL (in full) 1 2          An act relating to parental rights in education; 3          amending s. 1001.42, F.S.; requiring district school 4          boards to adopt procedures that comport with certain 5          provisions of law for notifying a student's parent of 6          specified information; requiring such procedures to 7          reinforce the fundamental right of parents to make 8          decisions regarding the upbringing and control of 9          their children in a specified manner; prohibiting the 10        procedures from prohibiting a parent from accessing 11        certain records; providing construction; prohibiting a 12        school district from adopting procedures or student 13        support forms that prohibit school district personnel 14        from notifying a parent about specified information or 15        that encourage or have the effect of encouraging a 16        student to withhold from a parent such information; 17        prohibiting school district personnel from 18        discouraging or prohibiting parental notification and 19        involvement in critical decisions affecting a 20        student's mental, emotional, or physical well-being; 21        providing construction; prohibiting classroom 22        discussion about sexual orientation or gender identity 23        in certain grade levels or in a specified manner; 24        requiring certain training developed or provided by a 25        school district to adhere to standards established by 26        the Department of Education; requiring school 27        districts to notify parents of healthcare services and 28        provide parents the opportunity to consent or decline 29        such services; providing that a specified parental 30        consent does not wave certain parental rights; 31        requiring school districts to provide parents with 32        certain questionnaires or health screening forms and 33        obtain parental permission before administering such 34        questionnaires and forms; requiring school districts 35        to adopt certain procedures for resolving specified 36        parental concerns; requiring resolution within a 37        specified timeframe; requiring the Commissioner of 38        Education to appoint a special magistrate for 39        unresolved concerns; providing requirements for the 40        special magistrate; requiring the State Board of 41        Education to approve or reject the special 42        magistrate's recommendation within specified 43        timeframe; requiring school districts to bear the 44        costs of the special magistrate; requiring the State 45        Board of Education to adopt rules; providing 46        requirements for such rules; authorizing a parent to 47        bring an action against a school district to obtain a 48        declaratory judgment that a school district procedure 49        or practice violates certain provisions of law; 50        providing for the additional award of injunctive 51        relief, damages, and reasonable attorney fees and 52        court costs to certain parents; requiring school 53        district to adopt policies to notify parents of 54        certain rights; providing construction; requiring the 55        department to review and update, as necessary, 56        specified materials by a certain date; providing an 57        effective date. 58 59        Be It Enacted by the Legislature of the State of Florida: 60 61                    Section 1. Paragraph (c) is added to subsection (8) of 62        section 1001.42, Florida Statutes, to read: 63                    1001.42 Powers and duties of district school board.—The 64        district school board, acting as a board, shall exercise all 65        powers and perform all duties listed below: 66                    (8) STUDENT WELFARE.— 67                    (c)1. In accordance with the rights of parents enumerated 68        in ss. 1002.20 and 1014.04, adopt procedures for notifying a 69        student's parent if there is a change in the student's services 70        or monitoring related to the student's mental, emotional, or 71        physical health or well-being and the school's ability to 72        provide a safe and supportive learning environment for the 73        student. The procedures must reinforce the fundamental right of 74        parents to make decisions regarding the upbringing and control 75        of their children by requiring school district personnel to 76        encourage a student to discuss issues relating to his or her 77        well-being with his or her parent or to facilitate discussion of 78        the issue with the parent. The procedures may not prohibit 79        parents from accessing any of their student's education and 80        health records created, maintained, or used by the school 81        district, as required by s. 1002.22(2). 82                    2. A school district may not adopt procedures or student 83        support forms that prohibit school district personnel from 84        notifying a parent about his or her student's mental, emotional, 85        or physical health or well-being, or a change in related 86        services or monitoring, or that encourage or have the effect of 87        encouraging a student to withhold from a parent such 88        information. School district personnel may not discourage or 89        prohibit parental notification of and involvement in critical 90        decisions affecting a student's mental, emotional, or physical 91        health or well-being. This subparagraph does not prohibit a 92        school district from adopting procedures that permit school 93        personnel to withhold such information from a parent if a 94        reasonably prudent person would believe that disclosure would 95        result in abuse, abandonment, or neglect, as those terms are 96        defined in s. 39.01. 97                    3. Classroom instruction by school personnel or third 98        parties on sexual orientation or gender identity may not occur 99        in kindergarten through grade 3 or in a manner that is not age- 100      appropriate or developmentally appropriate for students in  101     accordance with state standards. 102                  4. Student support services training developed or provided 103      by a school district to school district personnel must adhere to 104      student services guidelines, standards, and frameworks 105      established by the Department of Education. 106                  5. At the beginning of the school year, each school 107      district shall notify parents of each healthcare service offered 108      at their student's school and the option to withhold consent or 109      decline any specific service. Parental consent to a health care 110      service does not waive the parent's right to access his or her 111      student's educational or health records or to be notified about 112      a change in his or her student's services or monitoring as 113      provided by this paragraph. 114                  6. Before administering a student well-being questionnaire 115      or health screening form to a student in kindergarten through 116      grade 3, the school district must provide the questionnaire or 117      health screening form to the parent and obtain the permission of 118      the parent. 119                  7. Each school district shall adopt procedures for a 120      parent to notify the principal, or his or her designee, 121      regarding concerns under this paragraph at his or her student's 122      school and the process for resolving those concerns within 7 123      calendar days after notification by the parent. 124                  a. At a minimum, the procedures must require that within 125      30 days after notification by the parent that the concern 126      remains unresolved, the school district must either resolve the 127      concern or provide a statement of the reasons for not resolving 128      the concern. 129                  b. If a concern is not resolved by the school district, a 130      parent may: 131                  (I) Request the Commissioner of Education to appoint a 132      special magistrate who is a member of The Florida Bar in good 133      standing and who has at least 5 years' experience in 134      administrative law. The special magistrate shall determine facts 135      relating to the dispute over the school district procedure or 136      practice, consider information provided by the school district, 137      and render a recommended decision for resolution to the State 138      Board of Education within 30 days after receipt of the request 139      by the parent. The State Board of Education must approve or 140      reject the recommended decision at its next regularly scheduled 141      meeting that is more than 7 calendar days and no more than 30 142      days after the date the recommended decision is transmitted. The 143      costs of the special magistrate shall be borne by the school 144      district. The State Board of Education shall adopt rules, 145      including forms, necessary to implement this subparagraph. 146                  (II) Bring an action against the school district to obtain 147      a declaratory judgment that the school district procedure or 148      practice violates this paragraph and seek injunctive relief. A 149      court may award damages and shall award reasonable attorney fees 150      and court costs to a parent who receives declaratory or 151      injunctive relief. 152                  c. Each school district shall adopt policies to notify 153      parents of the procedures required under this subparagraph. 154                  d. Nothing contained in this subparagraph shall be 155      construed to abridge or alter rights of action or remedies in 156      equity already existing under the common law or general law. 157                  Section 2. By June 30, 2023, the Department of Education 158      shall review and update, as necessary, school counseling 159      frameworks and standards; educator practices and professional 160      conduct principles; and any other student services personnel 161      guidelines, standards, or frameworks in accordance with the 162      requirements of this act. 163                  Section 3. This act shall take effect July 1, 2022.

The Office of Financial Regulation (OFR) is the primary regulator of the state-chartered and licensed financial services industries in Florida. We have proposed legislation, HB 779 and SB 1880 - Offers and Sales of Securities, to reform the Florida Securities and Investor Protection Act (Chapter 517, Florida Statutes) with the aim of stimulating the growth of a capital market for the financing of Florida businesses. Our goal is to promote Florida's economy through the creation of a self-sustaining, in-state capital market where newly formed businesses can obtain seed or expansion capital.

Today we met w/ State Attorney RE: FWC Constitutionality We have been working on this since March 2005 when we first learned that the FWC's authority over captive, non native wildlife, did not come from the FL constitution (as they claim) but rather came from the statutes. The reason that is important is that the FWC has managed to avoid a ban on the private possession (and pimping) of tiger and lion cubs by saying the citizens of the state have no right to petition the legislature for a ban. On March 18, 2005 I spoke with Curt Kiser (former State Senator) by phone and these were the pertinent details from that conversation: 1. Curt was the first person to draft legislation for ANY regulation of exotic animals in the state of Florida and was involved in the process that elevated FWC from being a state agency called the Game and Freshwater Fish Commission to having constitutional authority under their new name of the Florida Fish & Wildlife Conservation Commission (FWC). 2. He says that they have had Constitutional authority over the native animals since long before that, but that even today their power over non native species (the ones I am concerned about) is not constitutionally given, but is rather legislatively given. 372.921 and 372.922 seem to bear that out in that the Florida Statutes state that for a person to own or exhibit and exotic animal they must meet the standards set by FWC. That gives FWC the authority to determine who may or may not own or display them and how that should be done and seems to leave in their hands the ability to define which animals fall into which classes (I, II or III). 3. Because the FWC has the power to do what I want (re class all exotic cats to Class I and require commercial zoning for acceptance of applications to exhibit) he suggested that I meet with David Meehan, one of the FWC Commissioners who lives nearby. The meeting should be at Big Cat Rescue so he can see the enormity of the problem first hand and so that he can see that I am not just some rabid, crazy cat lady. 4. Curt suggested that I use his name to effect this meeting and that I could do the same with the FWC's general council for the past 20 years, Jim Artista. He suggested that I let them know that I am trying to work within their framework first because they are protective of their constitutional power, and even more so of the perception of that being all-encompassing, and may be willing to work out something that suits my requests so that they are not in the position of having that ability to be in charge taken away from them by the legislators. Curt said he would call Jim and let him know that I would be calling soon. 5. He warned me that David Meehan is an avid hunter (as are all of the FWC Commissioners) and they don't want to assist any proposal that could be a foot in the door for us bunny hugging types to stop them from hunting. To tell them that the reason this legislation is important is because canned hunts are the only place that unwanted lions, cougars and tigers can go is likely to fall on deaf ears even if they wouldn't personally participate in shooting an animal in a transport cage. He said another reason that it would be hard to over turn any of FWC's constitutional authority would be because of the powerful groups, such as NRA, who want the rules of hunting to be controlled by those of like mind and not the majority of the population who could influence changes with their voting power. I've been writing my story since I was able to write, but when the media goes to share it, they only choose the parts that fit their idea of what will generate views. If I'm going to share my story, it should be the whole story. The titles are the dates things happened. If you have any interest in who I really am please start at the beginning of this playlist: http://savethecats.org/ I know there will be people who take things out of context and try to use them to validate their own misconception, but you have access to the whole story. My hope is that others will recognize themselves in my words and have the strength to do what is right for themselves and our shared planet. You can help feed the cats at no cost to you using Amazon Smile! Visit BigCatRescue.org/Amazon-smile You can see photos, videos and more, updated daily at BigCatRescue.org Check out our main channel at YouTube.com/BigCatRescue Music (if any) from Epidemic Sound (http://www.epidemicsound.com) This video is for entertainment purposes only and is my opinion.

We recently explored the making of the Fort King Road, which connected Fort King in the north to Fort Brooke at Tampa Bay. In this episode we look at that terminus point, Fort Brooke. Why did the Army select that location? What was its purpose for building Fort Brooke? How important was the fort to the conduct of the Second Seminole War? What remains of the fort today and what was done with the human remains discovered during the cemetery excavation? What does all of this tell us about life at Tampa Bay in the 1830s?  With us to address these questions is Dr. Robert J. Austin from Cultural Resources Consulting. As part of an archaeological team in the 1980s, Dr. Austin excavated Fort Brooke's first cemetery, while working for then-Piper Archaeology, now Janus Research, from St. Petersburg. A professional anthropologist for 40 years, Dr. Austin knows his way around the byzantine labyrinth of federal, state, and local laws and regulations focused on cultural resource heritage. These include Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR Part 800, as amended; Section 110 of the Act; the Archaeological Resource Protection Act (ARPA); the Native American Graves Protection and Repatriation Act (NAGPRA); and the National Environmental Policy Act (NEPA), as well as Chapters 267 and 872 of the Florida Statutes. Dr. Bob Austin excavated in the portion of the fort that exists today under a downtown Tampa parking garage. Bronze plaque above commemorates that. Era maps provide some visual representation of the fort's contours and content to aid in excavation.   In addition to maps and sketches, some have built three-D models of old Fort Brooke, or, how they imagined the old fort to look.   He is an expert on gun flints and barrel wells of the era. In addition to his work at Fort Brooke, Dr. Austin has directed over 700 cultural resource projects, authored over 500 technical reports, published over 40 professional papers, book chapters, and monographs, and has presented his research at numerous professional meetings and public forums.  Dr. Austin is past President of the Florida Anthropological Society and is past editor of that organization's journal, The Florida Anthropologist.  He is past President of the Florida Archaeological Council and also served as Vice President of that organization. He is recipient of numerous awards, grants and fellowships since earning his doctorate at the University of Florida in 1983.   Host Patrick Swan is a board member with the Seminole Wars Foundation. He is a combat veteran and of the U.S. Army, serving in Iraq, Afghanistan, Kuwait, and Kosovo, and at the Pentagon after 9/11. A military historian, he holds masters degrees in Public History, Communication, and Homeland Security, and is a graduate of the US Army War College with an advanced degree in strategic studies. This podcast is recorded at the homestead of the Seminole Wars Foundation in Bushnell, Florida.  Subscribe automatically to the Seminole Wars through your favorite podcast provider, such as iHeart or Stitcher or Spotify, DoubleTwist, or Pandora or Google podcasts or iTunes, or ...Check it out so you always get the latest episode without delay where and when you want it. Like us on Facebook, LinkedIn, and YouTube!  

From the Zappitell Law Firm is partner David J. Zappitell, who is Board Certified by the Florida Bar in the area of Civil Trial Litigation, thus he is a specialist in his area of practice. Mr. Zappitell is a member of the Florida Bar, U.S. District Court (Southern and Middle Districts of Florida) Auto Accidents in Florida are a leading cause of death # 5 before the Pandemic and uninsured drivers, more than one in five Florida drivers are on the roads without insurance, according to a new study by the Insurance Research Council. Florida was the sixth-worst state in the nation for uninsured motorists with a rate of 20.4% driving unprotected. Mississippi was first with a rate of 29.4%. New Jersey had the fewest uninsured drivers at 3.1%. one of the laws below will affect us here in Florida and could kill us or a loved one, like texting and driving. Careless drivers (Florida Statute 316.1925) Aggressive and reckless drivers (Florida Statute 316.192) Drivers who exceed the posted speed limit (Florida Statutes 316.183, 316.187, 316.189 ) Drivers who improperly or unsafely change lanes (Florida Statute 316.085) Drivers who fail to yield the right-of-way (Florida Statutes 316.079, 316.0815, 316.123) Drivers who unsafely pass other cars (Florida Statutes 316.083, 316.084, 316.084) Drivers who is following too closely behind other cars (Florida Statute 316.0895(1)) Drivers who violate traffic signals and lights (Florida Statutes 316.074 and 316.075) Drivers who practice incorrect turns (Florida Statute 316.151) Drivers who fail to yield properly (Florida Statutes 316.122, 316.123 (1), 316.125, 316.006, 316.125(2), 316.121, 316.0815, 316.079 ) Drivers who ignore stop signs (Florida Statute 316.123) Drivers who improperly lookout when changing lanes, passing other vehicles, or changing course (Florida Statute 316.085) --- Support this podcast: https://anchor.fm/philip-bell/support

2010 Annual Report   Big Cat Rescue is more than just a place that provides permanent care for big cats.  It is a movement;  a change in the tide of human perceptions and is the combined effort of more than 50,000 supporters.  If you are one of them, you are a Big Cat Rescuer and the following is the great work YOU did!  If you haven't helped yet, you can do so now at the top right of the screen or here:  http://bigcatrescue.org/donate.htm   Big Cat Rescue's Mission Statement: Big Cat Rescue's dual mission is to provide the best home we can for the cats in our care and educate the public about the plight of these majestic animals, both in captivity and in the wild, to end abuse and avoid extinction.  We are Caring for Cats and Ending the Trade   Advances:  With your help we are winning in the battle for compassion! Up until 2003 the number of requests for rescues we had to turn down due to lack of space or funds had roughly doubled each year, to 312 that year. We feared it would double again to over 500 in 2004. Instead, it has steadily declined since then thanks to the passage of a federal bill and several state bills that restrict the ownership of exotic cats. This year we “only” had to turn away 89 big cats who were unwanted by their owners. We offered to take all of the cats who were cougar size or smaller, if their owners would contract to never own another exotic cat, but they all refused.  We just do not have enough Senior Keeper staff to take on more lions or tigers.   By now everyone knows that communication and fundraising will be cell phone centric.  On April 30, 2009 we added mobile phone number collection to our contact forms and promoted this new request with the Animal Lover's Dream Vacation Giveaway. Our winners said, “It was the most fun we've ever had!”   Our new Intranet site established in January 2010 where all of our staff, volunteers, board and vet care professionals can interact and share information. This cloud based system was provided free via a Google grant and enables us to keep all of the sanctuary documents in a password protected cloud where Rescuers can log in and post their observations for the vet and can share photos, videos and stories with each other.  Our cloud can be accessed via a dozen or more computers at the sanctuary, Rescuer's home computers, smart phones and iPads.  Those who subscribe to the site, such as the CEO, President, Operations Manager and the Vets can see, in real time, as observations are posted about the cats.  This insures that there are always many eyes on the look out for ways to enhance the cat care at Big Cat Rescue.   Animal Care:  By the end of this year, 77 of our 115 cats are over the age of 15. This is well beyond how long they are designed to live in the wild and much older than most zoo cats.  This is a testament to the excellent animal care we provide, but we are dealing with many more age related illnesses and are losing more of our big cat friends every year.  Cats who required extensive veterinary care in 2010 were Alachua Bob, Bagheera, Bellona, Catera, Cha Cha, Cloe, Crystal, Freckles, Hercules, India, King, Narla, Nirvana, Pretender, Purrfection, Sarmoti, Servie, Snorkel, Sophie, Takoma, Tonga and Windsong. These cats were moved so they would have new neighbors and surroundings for their own enrichment: Freckles, Indian Summer, Modnic, Narla. Nikita & Simba, Peaches, Precious, Reno, Sundari and Thing. Even though we offered to rescue the 19 lesser cats and 3 lions and tigers who were in need of rescue in 2010, Skip, Angelica and Midnight, Rain and Storm the bobcats, Servie the serval, Narla, Freddy and Sassyfrass the cougars were the only ones who ended up here.  We found a rehabber for a bobcat in TN as well.  The rest did not come here because the owners refused to contract with us to never own exotic cats again.   Despite triple bypass heart surgery in August, Vern stayed busy this year with all of the maintenance issues and with these 32 cage improvements: Armani & Jade, Bailey & Moses, Bengali, Calvin, Cameron & Zabu, China & Khan, Crazy Bobcats, Despurrado, Diablo, Flavio, Freckles, Jefferson, Joseph & Sasha, King, Modnic, Nala, Natasha & Willow, Nikita, Nikita & Simba, Rambo, Rehab Bobcats, Sarmoti, TJ, Trick E and Windstar. On 3/18/10 we had another perfect USDA inspection.   Education:  Our website is primarily an educational tool and according to Alexa we are ranked 266,861 worldwide and 110,338 most visited website in the U.S.  We have 458 other sites linking to us.   We offer about 58 outreach and field trips per year and have committed to offering 12 of them for free each year to lower income schools, but have already given 25 such free tours this year and expect that demand will continue to rise with the cost of transportation.  Even when we offer the tours for free, many schools cannot come because they cannot afford the $200.00 fee for their busses.  Our Education Department began writing grant proposals to raise the money needed for the buses.   Volunteer Committee Member, Sharyn Beach, was published at Encyclopedia Britannica with the best statement ever written about why breeding white tigers is Conserving a Lie.   Our web site addresses local and global concerns about environment and has over 17,000 pages of information, movie clips, sounds, safe interactive online games with a conservation theme and photos. From 1/1/2008 until 9/9/2010 the site was visited 3,642,337 times, resulting in 8,197,155 page views.  In any given week the visitors will be roughly 33% from 218 countries outside of the U.S. as you can see from this breakdown:   United States 2,757,351, Poland 204,209, Canada 198,127, United Kingdom 127,246, Australia 40,618, India 24,496, Germany 17,428, Japan 13,023, France 11,017, Netherlands 9,593, Philippines 8,559, Singapore 8,545, Sweden 8,177, Italy 8,136, Brazil 8,024, Malaysia 7,793, Spain 7,779, New Zealand 7,740, Ireland 6,788, South Africa 6,697, Mexico 6,554, Belgium 5,994, Russia 5,986, Indonesia 5,627, Finland  5,364 and Turkey 5,248 to name a few.   The information provided has helped wildlife rehabilitators identify animals and obtain proper care instruction, helped officials in smuggling cases to identify rare species of exotic cats being illegally traded and those are just a few of the ways that we know the site has had an impact this year.   Big Cat Rescue has been in the press 694 times, in 31+ states including AL, AZ, CA, CO, CT, DC, GA, FL, HI, IO, IN, IL, KY, LA, MA, MN, MO, MT, NC, NH, NJ, NM, NY, NC, OH, OK, PA, SC, TN, VA & WA and dozens of programs of national or international coverage or in countries other than the U.S.   Legislation/Education: The steady increase in legislation banning private ownership represents recognition by our society that private ownership leads to massive abuse.  Social values evolve.  It took decades to ban slavery in England and for women to win the right to vote in America.  Those ideas started out as “radical”, held by a small minority.  Gradually more and more people understood and agreed until they became a part of our value system that we take for granted today.  The same trend is happening with private ownership of exotics.  Gradually more and more people are realizing that this simply leads to widespread abuse of these animals.  The best evidence of this is the accelerating trend in state laws.   Just since 2005 eight more states have passed some level of ban. Sweden, Austria, Costa Rica, India, Finland, Bolivia, Greece and Singapore have all banned or restricted the utilization of big cats in circuses-it's time for the U.S. & South Africa to do the same!   Nationwide & Canada:  Dade City's Wild Things acquired a white tiger cub from G.W. Exotics, a notorious Oklahoma breeder, that they are marketing to the hilt in order to make money off her as quickly as possible.  To accomplish that they dragged her into PetSmart to drum up some business.  Almost 900 advocates responded to our alert and wrote to PetSmart demanding an end to displays of exotics like this, knowing the bad message it sends.  We're very pleased to share that PetSmart listened and  immediately responded positively.  According to corporate spokesperson  Margie Wojciechowski  at the Phoenix, AZ headquarters, she confirmed she had just come from a meeting and the company has “reinforced with our managers that no exotic pets are allowed on store premises.  There will be no live display of exotic animals for events.”     • FL Sept. 1, 2010:  The Florida Wildlife Commission passes final rules on the keeping of wild animals. • FL June 23, 2010: Thanks to thousands of letters from Big Cat AdvoCats the Florida Wildlife Commission agreed to change the wording of their Nuisance Wildlife rules so that bobcats who are trapped as nuisance wildlife may not be killed, but rather must be released.  While our 2,000+ letters asked that bobcats be removed from the list of nuisance wildlife we are still thankful that the FWC has decided to at least spare the life of bobcats who are trapped this way.  We will continue to educate the FWC and the public as to why bobcats are so necessary to our ecosystem so that they may soon be removed from the list of animals that may be trapped. • FL June 23, 2010: Animal AdvoCats vs Animal Terrorists. The FWC agreed to ban the practice of “fox penning” which was a blood sport in 16 locations in FL where foxes, coyotes and bobcats would be trapped or purchased from trappers to be turned loose in fenced areas for the purpose of training hunting dogs.  Packs of dogs would be turned loose in the pens and scored on how persistant they were in chasing the wildlife.  The FWC had rules that required hiding places for the wildlife, but investigators found that the operators would often block the access to the safety areas so that the foxes, coyotes and bobcats could be cornered and ripped apart by the dogs for the amazement and betting opportunities of the dog owners.  For the first time in the history of the FWC meetings that we have attended since 1993 there were more animal advocates than animal terrorists in the room to testify.  52 concerned citizens spoke up in favor of a ban while only 20 animal abusers / hunters spoke up in favor of continuing the blood sport as part of their “cultural heritage and God given right.”  As more of these egregious practices are exposed we expect the number of main stream Americans who show up and speak up to increase. • FL June 3, 2010: Thanks to thousands of letters from Big Cat AdvoCats the legislature amended Florida Statutes 379.374 Bond required, amount. (2) No person, party, firm, association, or corporation shall possess or exhibit to the public either with or without charge or admission fee, any Class I wildlife, as defined in s. 379.303 and commission rule, without having first guaranteed financial responsibility, in the sum of $10,000, for any liability which may be incurred in the possession or exhibition to the public of Class I wildlife. The commission shall adopt, by rule, the methods of payment that satisfy the financial responsibility, which may include cash, the establishment of a trust fund, an irrevocable letter of credit, casualty insurance, a corporate guarantee, or any combination thereof, in the sum of $10,000 which shall be posted with the commission. In lieu of the $10,000 financial responsibility guarantee required in this subsection, the person, party, firm, association, or corporation has the option to maintain comprehensive general liability insurance, with minimum limits of $2 million per occurrence and $2 million annual aggregate, as shall protect the person, party, firm, association, or corporation from claims for damage for personal injury, including accidental death, as well as claims for property damage which may arise. Proof of such insurance shall be submitted to the commission.  Effective July 1, 2010.  In 2009 there were 111 Class I possessors in FL who managed to escape the bond requirement because they claimed they were not “exhibitors.”  This new language was necessary to close the loophole in the 2007 law so that all “possessors” of Class I animals must post this minimal bond. • OH July 1, 2010: A deal struck between The Humane Society of the United States, Ohio agriculture leaders and Ohio Gov. Ted Strickland will lead to major animal welfare improvements in Ohio on a raft of issues to protect exotic, domestic and farmed animals. The agreement includes recommendations from all of the parties for the Ohio Livestock Care Standards Care Board, the Legislature, and the Governor to ban the acquisition of dangerous exotic animals as pets, such as primates, bears, lions, tigers, large constricting and venomous snakes, crocodiles and alligators. • China October 27, 2010: The Ministry of Housing & Urban/Rural Development suggested in an official web posting that zoos should adequately feed and house animals, should stop selling wild animal products and serving wild animal parts in restaurants, and should stop staging circus-like trained animal acts.  The authorities report that zoos could be shut down for non compliance.  This is the first step toward permanent laws to protect the animals. • Germany June 17, 2010: The zoo director and three of the staff at the Magdeburg Zoo were convicted of cruelty to animals for killing three tiger cubs who were the result of a cross breeding tigers at the zoo.  The zoo had bred a Siberian tiger to a Sumatran tiger.  All of the tigers in the U.S. that are referred to as Bengal tigers are actually hybrids of Bengal and Siberian tigers as the result of the white tiger craze when Bengal tigers were inbred to the point of non existence in America.  A fine of 8,000 euros was suspended upon the condition that the zoo not kill cubs as the result of their own improper breeding plans.  The Magdeburg zoo case drew attention to the common practice of zoos breeding and killing animals to keep youngsters on exhibit. • Russia November 29, 2010: Russia is now filing a bill for an exotic pet ban like other countries have passed.  Despite Prime Minister Vladimir Putin having a pet tiger named Mashenka, the country is working on passing a bill that would restrict the ownership of monkeys, tigers, and crocodiles, because of their danger to the public and diseases they can carry, according to the bill that was submitted on Nov. 29, 2010 Thanks to all of you who wrote letters, attended town hall meetings and met with your lawmakers, the world is a little kinder place. Many of the worst breeders, dealers and tiger-tamer-wanabees were finally shut down.  Most of these collectors were fined or shut down by USDA or the state, or both in some cases: You can read the USDA reports and news stories at http://www.911AnimalAbuse.com 134,704 letters were sent via our CatLaws.com site in 2010 which is triple the year before.  We now have 44,606 members registered to help us with email campaigns. Thanks to all of our supporters being more aware of exotic cat issues and doing something about it, the wild cats had a lot of wins in 2010.  Only bans on the possession of private ownership of wild animals are fully enforceable but any step forward in restricting ownership is helpful.  For more details go to BigCatBans.   Animal Abusers Shut Down and / or Fined:  Many of the worst breeders, dealers and tiger-tamer-wanabees were finally shut down.  The following is from 2008- 2010.  Most of these collectors were fined or shut down by USDA or the state, or both in some cases: • CA:  Hesperia Zoo AKA Cinema Safari Zoo owned by Stephanie Taunton was put on probation and fined $30,000 by USDA. • FL: Horseshoe Creek owned by Darryl Atkinson was shut down by USDA and FL. • FL:  Wild Things' land owned by Kathy Stearns went into foreclosure and bankruptcy. • FL:  Amazing Exotics was shut down.  It was notorious for allowing contact between large exotic cats and the public for a fee.  The head of their tiger-tamer-wanabee program was Ron Holiday (real name Ron Guay) who gained fame in the HBO movie Cat Dancers and the book by the same name.  His career in dancing with big cats ended when a white tiger he had raised from a cub killed his wife and his lover within a few days of each other in 1998. • FL:  In 2010 Jeff and Barbara Harrod of Vanishing Species lost both their USDA and FWC licenses. • FL:  In 2010 Thomas R. Cronin of the Shell Factory was sanctioned by USDA for improper handling of animals, poor sanitation and lack of vet care. • IN:  Great Cats of Indiana, formerly known as Cougar Valley Farms, Inc., owned by Robert B. Craig and Laura Proper had their license revoked by USDA. • IN:  Ervin's Jungle Wonders owned by Ervin Hall was shut down by USDA for a three year term. • KS: In 2010 Clint Perkins of Riverside Zoological Park lost his USDA license to exhibit tigers and was fined for violations. • MO:  Wesa-A-Geh-Ya owned by Sandra Smith was shut down after a visitor lost his leg to a tiger. • MS:  Cougar Haven closed its doors for good, sending the last 3 big cats to Big Cat Rescue. • NC:  Metrolino Wildlife Park owned by Steven Macaluso was shut down by USDA. • NE:  Zoo Nebraska was ordered to find appropriate homes for their big cats and bears. • OH:  Pearson's L & L Exotics owned by Lorenzo Pearson was shut down by USDA following six years of violations. • SC:  In 2010 Robert Childress dba Quality Equipment was fined by USDA for lack of care for tigers. • TX:  Zoo Dynamics, owned by Marcus Cook was fined $100,000.00 • TX:  In 2010 Jamie Palazzo of Great Cat Adventures had their USDA license suspended for 3 years. • TX:  Wild Animal Orphanage closed their doors in September 2010 after investigation the Attorney General for fraudulent fundraising practices.  363 animals, mostly big cats and primates, are being disbursed to other sanctuaries.  Three of the tigers are coming to Big Cat Rescue. • Australia:  Craig Bush, the “Lion Man” was ousted from the Zion Wildlife Gardens by his mom.   Fundraising and Marketing:  Two Legacy Society donations over $100,000 each helped make this the best financial year ever for the sanctuary.  The first was a bequest from the estate of Terry Nordblom for $110,000.  The second was a matching grant of $200,000 in memory of William and Lois Modglin of Glendale, California.   Final financial numbers will not be available until after our annual audit in the spring, but estimates will be posted here in late January after we reconcile the December statements. 2010 began using Posterous.com to post to 16 of our major social networking sites at once.  We currently operate 333 social networking sites. 2010 we began using Traffic Geyser which increased our web traffic 24%.   Big Cat Rescue was reported favorably in the news 111 times in 2010 which in a 20% increase over 2009.   Some of the national press included shows on Animal Planet, Discovery and the History Channel in addition to such publications as National Geographic and the New York Post and major media coverage in several other countries as well.   The Fur Ball netted over $80,000.00! Over 650 big cat supporters had a blast at the Fur Ball; dining, dancing, playing the Wheel of Fur-Tune casino table and bidding in the silent auction and live auctions. Spirited bidders in the live auction won exotic trips see lions in South Africa, and many other wild and exotic places. We had 26,154 visitors this year. Our BigCatRescue.org website visitors rose to 1,660,550 but the site was temporarily replaced for two months.  During those two months (Jul-Aug) we did not have any tracking service on the replacement site.  We plan to re launch the replacement site in January 2011.  Google awarded Big Cat Rescue a grant of $40,000 per month in free AdWords. People who love animals love to share their photos and stories.  In 2008 Big Cat Rescue unleashed a Chat Big Cats community.   Members can post their own blogs, or join in our forums and contests. It is a YouTube/ MySpace styled community made up entirely of animal lovers. By year end there were 4,129 members and 107,374,194,388 videos, songs, photos and blogs posted to the site.  (blows my mind too!)  Get in on the action free at http://www.chatbigcats.com   YouTube.  We ended the year as the 6th most viewed Non Profit of all time and the 7th most subscribed Non Profit with 22,393 subscribers and 669,725 channel views and a whopping 20,685,511 upload views.  Up 500% from 2009.  By year end we had 412 videos posted on YouTube and other popular sites like google, Blip, MetaCafe, Revver and others. http://www.youtube.com/bigcatrescue YouTube Mini Clip Site:  DailyBigCat was launched Nov. 20, 2010 to provide a channel for the mini clips we upload directly from our iPhones.  By year end this site had 248 subscribers, 5,046 channel views and 25,812 total upload views.  Our MySpace account now has 7,625 friends. myspace.com/   We surpassed 36,000 fans on Face Book which is a 500% increase over 2009 as well.  We also enhanced our presence on Care2.org and many other such sites.  We now have 359 contacts in our LinkedIn presence here:  linkedin.com/in/BigCatRescue Big Cat Rescue now has an Endowment Fund to provide a secure future for the cats. The Fund resides at the Community Foundation of Tampa Bay.  bigcatrescue.org/communityfoundationoftampabay.htm We initiated a program with Capitol One so that you can choose one of our beautiful cats for your credit card image and 1% of all of your purchases will be donated to Big Cat Rescue at no cost to you.   Saving Wild Places for Wild Cats Leonardo DiCaprio Protects Tigers:  Big Cat Rescue continued working with the International Tiger Coalition, which is a group of 40+ organizations committed to saving the tiger, based upon our unique ability to address the captive issues that imperil tigers in the wild.   The goal is 10,000 tigers in the wild in 10 years.  There are less than 3,000 in the wild currently and we are losing one per day due to poaching.  We persuaded ITC to keep US tiger farming issue as part of their mission to eradicate because legalized trade puts even more pressure on wild populations. What makes this initiative unlike all of the past programs is two fold.  40+ major conservation groups, including Big Cat Rescue, have joined forces with one common goal:  Save the tiger in the wild.  There have been other joint efforts, but none this large and never before has an entity as powerful as the World Bank been a committed partner in saving wild places for wild animals.  Big Cat Rescue sponsored the ITC booth at CITES and sponsored the attendance of the ITC Moderator, Judy Mills at the Tiger Summit in St. Petersburg, Russia.   Leonardo DiCaprio attended as well and met with Prime Minister Putin.  DiCaprio donated 1 million dollars to WWF's fund for saving the tiger.   23 FL Panthers died in 2010 but 90 were born according to FWC.  Big Cat Rescue is stepping up our support of local initiatives to save the Florida Panther.   Helping Others:  America's injured veterans have found Big Cat Rescue a place of tranquility where they can surround themselves with beauty and grace;  a respite from all that they have endured protecting our country.  It started with one group and now they come to visit quite frequently.  It's on the house and we provide lunch when we can as well by asking donors to contribute.  They have done their part in keeping Americans free and we are doing our part to fight for that same freedom for the big cats.   Then and Now:  Our CFO, Howard Baskin, compiled a ten year snapshot of the sanctuary and its growth.  This is just a comparison between 1996 and 2010. Wildlife on Easy Street to Big Cat Rescue  1996                  2010 Visitors                  85                         26,128 Total Expenses  $1,686,386 *    $1,363,443 Total Income    $0                      $2,245,798 Total Net Assets    $148,455           $4,881,165 Spent on Program Services   100%    83% ** *funded by Founder        ** 17% spent on Management and Fundraising combined   Officers and Members of the Board of Directors in 2010 and meetings: • CEO and Founder  Carole Baskin (not compensated by BCR)  • President and Chairman of the Board Jamie Veronica (not compensated by BCR for her role as a Director)  • Secretary & Treasurer Howard Baskin (not compensated by BCR for his role as a Director)  • Director Lisa Shaw (not compensated by BCR) Director  • Mary Lou Geis (not compensated by BCR)  These members met or plan to meet for monthly board meetings at the dates and places below: Monthly board meeting, Tampa, FL;  Feb 7, May 2, Aug 1, Nov 7   Paid Staff:   • Operations Manager & Volunteer Coordinator  • Gale Ingham Staff Manager,  • Editor & Creative Director  Jamie Veronica  • Gift Shop & Guest Services   Honey Wayton  • Intern Recruiter & Data Management  Chelsea Feeny  • Education Director Dr. Beth Kamhi and her assistant Willow Hecht  • Vernon Stairs Cage Builder and Maintenance  • Scott Haller Cage Building Apprentice and Maintenance  • Videographer and Social Networking Chris Poole  • Director of Donor Appreciation  Jeff Kremer  • Assistant to Operations Manager and Staff Relief Person Jennifer Flatt  • CFO Howard Baskin  • LaWanna Mitchell is an independent contractor who works remotely on web issues.  All of our animal care is done by volunteers or by staff who also volunteer time before & after work.   Volunteers:  Big Cat Rescue had 107 volunteers in 2010 who clocked in 56,411 man-power hours in addition to staff, 31 interns and Volunteer Committee member hours.  Our interns came from 10 states and 8 countries.  Volunteers and interns provided roughly the equivalent workforce of 30 more full time staff.   Staff and Volunteer Training:  We want to say a special thank you to all of our staff & volunteers who have just completed their 10th year of service to the cats.      I've been writing my story since I was able to write, but when the media goes to share it, they only choose the parts that fit their idea of what will generate views.  If I'm going to share my story, it should be the whole story.  The titles are the dates things happened. If you have any interest in who I really am please start at the beginning of this playlist: http://savethecats.org/   I know there will be people who take things out of context and try to use them to validate their own misconception, but you have access to the whole story.  My hope is that others will recognize themselves in my words and have the strength to do what is right for themselves and our shared planet.     You can help feed the cats at no cost to you using Amazon Smile! Visit BigCatRescue.org/Amazon-smile   You can see photos, videos and more, updated daily at BigCatRescue.org   Check out our main channel at YouTube.com/BigCatRescue   Music (if any) from Epidemic Sound (http://www.epidemicsound.com) This video is for entertainment purposes only and is my opinion.

Here we review what Florida Statutes 617 and 720 say about electing the Board of Directors of your HOA.

Since HOAs in Florida are Not For Profit Corporations, they must abide by the regulations articulated in Chapter 617 of the Florida Statutes for corporations.  In this episode our goal is to make you aware of this aspect of the laws affecting your participation in an HOA and hopefully give you a pointer on where to look when your "governing documents" do not seem to adequately deal with a particular situation you are concerned about.

Chapter 720 of Florida Statutes in some cases overrides what is written in your "governing documents" but in most case supplements those documents where information is either lacking, ambiguous, or contradictory.

My guest is Tom Hall (https://www.bishopmills.com/attorneys/tomhall/) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. The relevant provision is Florida Statutes 26.012 (https://www.flsenate.gov/Laws/Statutes/2013/0026.012). Appellate court jurisdiction is controlled by Article V, Section 5 (https://www.flsenate.gov/Laws/Statutes/2013/0026.012) of the Florida Constitution. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

This episode discusses Florida Statutes allowing felony convicts are misdemeanors crimes based on prior convictions.

#attorneythatrides #FloridaDivorce #equitabledistribution Gabe's FL Attorneys' Guide: Divorce Equitable Property Division is a short educational rant for young attorneys starting out in law. I have been practicing 13-years in South Florida. This is just to point you in the right direction, prime the pump, or grease your skids. All attorneys should confront each case on its specific merits since all case are not the same. The Florida Statutes is your friend so carry on grasshoppers! ......................................./// Want to follow me on other Social Media platforms and forums click on the links below and enjoy! Its below my Hire the Attorney That RIDES spiel :-) HEY! I'm Gabe Carrera, Esq and I advertise here in South Florida, Florida as the Attorney That Rides. I am happy doing what I do best and that is helping people fight against injustice or show them motorcycle riding videos! If you have been injured on a motorcycle or auto no fault of your own; or you were just served papers in a family law matter - call my office for a FREE consultation. Hey, first one is always free! Call today me @ (((954-533-7593))) Want to follow me on other platforms and forums click on the links below and enjoy!

In this episode of CAM Matters, Betsy Barbieux explains the difference between the annual owners meeting and the more frequent board of directors meetings. She also clears up the misconception that board meetings are the place where owners can file complaints and expect the board to act on them.   TRANSCRIPT   Betsy- Hi, I'm Betsy, with "CAM Matters", and today, we will be talking about meetings. I am sure that you have heard some wild tales about meetings, and I'm gonna help you understand the difference between the owners meeting and the board meeting, and what they're really for, stay tuned. Narrator - Welcome to "CAM Matters", condos, co-ops, HOAs, and beyond. Betsy Barbieux is an information leader in Florida on community association living, rights and obligations. She is an expert on the rights and obligations of owners as well as the association. If you live or are planning to live in the state of Florida, there's a good chance you'll be part of a community association. And by the end of this show, you'll know a little bit more about community associations and why they matter. Suzanne - Hello, I'm Suzanne Lynn with Betsy Barbieux and it's another episode of "CAM Matters". And Betsy today we're talking about, well, some people might say is not that exciting, but when you're talking about community associated living meetings-- Suzanne - Meetings is exciting. Betsy- They can be pretty exciting. Suzanne - Yeah, you know, if-- Suzanne - Where do we dive in to meetings? Betsy- Well, let's start with first that there are two kinds. Suzanne - Okay. Betsy- Okay, let's start there. Suzanne - Not good and bad? Betsy- No, not good kind, bad kind, we'll go there later, we'll go there later, what not to do. But let's talk about our communities are corporations, we've learned that in previous shows that these are corporations, and corporations have groups of people who need to meet. Two other groups that need to meet are the owners, and you can call them members, membership owners. Some of your documents, these papers, will call the owners the voting interests. I don't know why that happens. But I'm probably just gonna switch back and forth between owners and members. So, the owners have their meeting, and that is one time a year. Their bylaws will require them to have an annual meeting, and they will do some things there at that annual meeting, one of which will be to elect their board of directors, their new leadership if they choose to. The other thing they will do is vote on amendments to their documents, if there are any. They may vote on some financial matters where they are moving money among reserve accounts, and that can be again, something else we can talk about later and this is the financial part. But basically, the owners meeting is for elections and voting on amendments. Those are the only things really that owners do. They don't get involved in the daily maintenance and operations of the association. And any kind of violation complaints or maintenance complaints that they have should be directed and addressed someplace else, the annual meeting is not where those are addressed. But this is where we see some of those meetings devolve into complaint sessions and-- - 'Cause they get 'em once a year, and I've got you here for this year. Betsy- And a lot of communities have managers, and those complaints and concerns need to go through management, they're not addressed at the owners meeting. There's nothing that can be done about it at the owners meeting. So, there's no real point in griping and complaining. So, hopefully the owners meet one time a year. The other group that meets is the board of directors. And the board of directors will meet based on whatever their frequency needs are. Some meet monthly, others will meet quarterly, some meet semiannually. If you have a really small community with no amenities, and very compliant owners, then you might not have a lot of need for monthly meetings. Suzanne - Sure. Betsy- In our Florida Statutes, owners are allowed to attend the board meetings, but the board meetings are not for them. And this is a huge misunderstanding. Suzanne - Why is that important? Betsy- Well, it's important because this is a multimillion dollar corporation, and the board is having its meetings to run a multimillion dollar corporation. So, they're making decisions on policies and procedures and violations, dealing with contracts, dealing with vendors and making sure that things are maintained. It's not an informational meeting for the owners, and that tends to be what they devolve into. Suzanne - Power? Betsy- Mm-hmm. Suzanne - Mm-hmm. Betsy- And I'm not saying that we don't want to give information to the owners. There are other venues newsletters, websites, weekly, monthly coffees at the clubhouse, there's plenty of other opportunity to give owners information, but the board meeting is not where it's supposed to be. Suzanne - I gotcha. Betsy- And part of the reason, and this is gonna upset people, so, I'll just go on and tell people and forget the time that they're gonna be upset. Suzanne - It just is get it out of the way. Betsy- Get it out here. At the board meeting, the board should not ever sit in a panel style. When they sit in a panel style, and the owners who are attending sit there, it looks like the board's talking to them. Suzanne - Right, like they're being served. Betsy- Right. Betsy- And they're answering to them. Betsy- And it looks like the dialogue is this way. Now, where our boards differ from other kinds of boards. Our boards cannot talk to each other about association business, unless it's what we call an open meeting, open to the owners. They cannot make any secret decisions and secret votes and things like that, everything is done in an open manner. That means then, that the only time the board can talk about its business is when it's together at these board meetings. If you're sitting in a panel style, Suzanne, you cannot do business with people whose eyeballs you cannot say. If I'm in the middle of this panel, I'm gonna have to stand up, lean over and go, hey. You know. Suzanne - You're connected to the wrong audience. Betsy- Exactly, so I'm going to encourage boards to pull those tables around. You know, how does corporate America sit? At board table. Suzanne - Sure. Betsy- They sit with their eyeballs facing each other. So, I want boards sitting so that they can see each other's eyeballs. Suzanne - That would be kinda like having, when you talk about corporations almost having it set up to where they're facing their employees? That's just not, and when you think of it that way, it's not right. Betsy- No, and it's not an informational meeting, it is to do business. So, these meetings shouldn't be more than an hour, hour and a half long, they should not devolve into three and four hour meetings. If that continues to happen, how are you ever gonna get board members to volunteer to be on the board? Suzanne - Right, when you say devolve, what are some of the biggest, most normal topics that get brought up that-- Betsy- I tell you. Suzanne - Cause a meeting to go? Betsy - When owners come to the meeting, and they are allowed to hijack it. Suzanne - Okay, that's the problem. Betsy- Because the board doesn't know. See, this goes back to what we talked about in an earlier episode, that the board serves the documents, it serves the statutes. It's not a representative form of government, so having all of the owners make these unsolicited comments, drags the board and pulls it in all sorts of different direction. When the board can stay on topic, then business will be conducted. Our Florida Statutes require the boards to produce an agenda of the things that they're gonna talk about. The only things that can be addressed at that board meeting are the things on the agenda. Suzanne - So, if you get an owner and they're shouting, ignore it. Betsy - They can't be addressed anyway, because it's not on the agenda. Suzanne - Okay. Betsy - And it sounds really bad, but this meeting is not for the owners, it's for the board. Suzanne - It's not about you. Right. Betsy- And if I may, let me kind of step back and say that the board of directors has a fiduciary duty to the owners. And what that means on kind of a practical level, why that matters, is fiduciary would be similar to your financial planner. Your financial planner is handling your assets. So, the board of directors is handling the assets of owners, our homes, homes, that's probably the biggest asset a lot of people have. Suzanne - Absolutely. Betsy- Your financial planner would never make decisions about your assets without you knowing about it. Suzanne - They better not. Betsy- Without you knowing about it. Suzanne - They better not. Betsy- In that similar way, then the board of directors cannot make decisions about our assets, without the owners having an opportunity to be there and listen. They don't have input, except on agenda items. So, there are no new things that can be brought up at a board meeting, unless it's on the agenda because of that fiduciary duty. Owners get to know 48 hours in advance, everything, every topic that the board is going to talk about. So, when an owner is allowed to make a comment that has nothing to do with an item on the agenda, that's when they start to devolve. And I'll tell you what those comments are on. Suzanne - What's them? Betsy- Maintenance, complaints and violation complaints. Suzanne - All the time. Betsy- Neither of which can be addressed at the board meeting. Neither of which can be addressed at the board meeting. It's not on the agenda. And that's a management issue, violations and maintenance, that's management issues, so those should be directed to your manager, or to the board member who is the point person for violations and maintenance. Suzanne - All right, well, let's dig deeper into this. We're gonna come back and we're gonna talk about Robert's Rules of Order. Betsy- Oh, okay . Suzanne - You're ready to talk about them? Betsy- All right. Suzanne - All right, we'll be right back. Suzanne - Okay, so let's dive into Robert's Rules of Order. I don't even know what that means, I had to look at my notes, what is that? Betsy- It is a system of parliamentary procedures, and where does the word parliamentary come from? Suzanne - England. Betsy- England, okay. It was written by General Henry Martyn Robert, in 1876. He's a Huguenot descendant which is British English, so it kinda reads like the King James Bible. Suzanne - Oh, my gosh, okay. Betsy- It's a lot, it's a lot. This book is usually referred to in the documents as the way the meetings are conducted. Often in your bylaws, it will say that your meetings are conducted based on the latest edition of Robert's Rules of Order. Quite frankly, I don't remember not knowing about Robert's Rules of Order. Suzanne - Really? Betsy- We used these procedures in high school in our clubs. Suzanne - Huh! Betsy- So, I don't really remember not knowing about it, but-- Betsy- I haven't been in a lot of clubs apparently. Or I've broken a lot of rules, I don't know. Suzanne - I just-- Suzanne - Interesting. Suzanne - Just have a knowledge of them that I sense goes back to high school. Suzanne - Can I just randomly open it and see what-- Betsy- Sure. Suzanne - Let's see what exciting information I find? Betsy- Oh, go over to this page. Suzanne - Go to that one? Okay, this last one? Okay. Betsy- Yeah, that one. Suzanne - "In a board meeting where there are not more "than about a dozen members present some of the formality "that is necessary in a large assembly "would hinder businesses." Betsy- Oh, stop right there! Suzanne - Okay, . Betsy- That is excellent! Suzanne - Was that a good one? Betsy- Yes, yes, we didn't even plan that, that was good. Know what she just said right there was-- Betsy- What she just said, is that this book is overkill for our board meetings is what you just said in plain English. Suzanne - Okay, I feel so smart.   Betsy- This book is overkill. And there are exceptions for the formalities that City Council county commissioners use, there are exceptions to those formalities for our boards. And small boards are considered 12 or fewer, which mostly our boards are. And it allows for informal conversation before a motion is made. And in in our communities, because our boards can't talk to each other before the meeting about issues, then you can't come with a prepared motion like you could at City Council. Suzanne - Oh, I see, I see. Betsy- So, they don't know that they might need to take action on something until they actually get to the meeting. So, it allows informal conversation. It allows the chair, the president, to speak and make motions. And our Florida Statutes require that a vote be recorded for every board member president, every board member present, which means the president does vote. And that is a misunderstanding that we have in a lot of our boards. They think that the president does not vote, which is a common practice in Robert's Rules of Order. But we have to weave the statute in that says there has to be a vote recorded of every board member present. Betsy- So, I'm just gonna throw this as open. Is there ever a conflict between Robert's Rules, and what happens at a, or do they always just mesh, does one override if there's a? Betsy- They should mesh, except that there is usually one person in your community who knows this book, backwards and forwards. And they will use some obscure motion, or yell something from out there and-- Betsy- They're my favorite. Betsy- And it confounds and confuses the board president and what I try to spend a lot of time on in my other CAM classes, is teaching managers what to do to bail a board president out, because our job is to make the board president look good. Suzanne - Sure, sure, and stay strong, yeah. So, one of the things that really stands out to me, 'cause we're starting to wrap up the show, the seating of a board meeting that just makes so much sense, you're not serving the people. Betsy- The seating of the board is critical. You cannot do business with people whose eyeballs you cannot see. This is not an informational meeting for the owners, so the board needs to sit facing themselves. I didn't mention I don't think, the seating in the owners meeting. And this is gonna upset people, but the seating at the owners meeting there is no board. The board of directors does not sit up front. The board of directors has no collective authority at an owners meeting. Suzanne - Wow! Betsy- Board members are owners and they just need to go sit wherever. The chair is the president. The president is the president of the corporation, not just the president of the board. So, the president of the corporation will chair the owners meeting, the president of the corporation will chair the board meeting. Suzanne - Oh, no kidding. Betsy- But the head of the room for the owners meeting is likely wherever the chair chooses to stand. Have a lectern stand behind it. If secretary wants to give a report, he or she can come up, give a report, go sit back down, treasurer can come up, give a report, go sit back down. Suzanne - Lot less formal, yeah.   Betsy- There's no board at an owners meeting. So there's no reason to sit together. Suzanne - Wow, there is a lot to know. I feel like we're just scratching the surface. And I mean, if I can just put a little plug in for you, if you live in Florida, you need to reach out to Betsy because I'm pretty sure she has this whole thing memorized. No, pretty close, and well you know a lot of stuff. Betsy- Just the procedures for small boards. Suzanne - Well, thank you so much seriously. And be sure to subscribe, because there's a whole lot of more episodes that are coming out, we don't want you to miss anything that's already happened. And most importantly, we want you to know why CAM matters. Betsy- Thank you Suzanne. Suzanne - Yeah, thank you. Narrator - Thank you for listening to "CAM Matters". Be sure to subscribe so you don't miss any future episodes. For more information, feel free to email Betsy at betsy@floridacamschools.com or visit the Florida CAM School's website at www.floridacamschools.com. Information provided on this show is general in nature and does not constitute legal advice. Please contact a licensed attorney for your specific situation.

Mike Sisino: The Contiuum of Force - Make Good Decisions! David and Mark are rejoined by Mike Sisino to talk about the Continuum of Force and, specifically, about making good decisions during a self-defense scenario all the way up to the point of having to pull the trigger on your gun. As a backdrop to this conversation we also discuss the July 19, 2018 shooting in Clearwater, Florida of Markeis McGlockton by gunman Michael Drejka.   About Mike Sisino Mike was with us on Episodes Six and Seven where we talked about the practicality of the AR-15 for civilian defensive purposes.  Mike is 31-year veteran of Law Enforcement as a State Policeman where he also worked as a SWAT officer.   Mike was also the Lead Firearms Instructor at his state’s State Police Academy for a period of time.   And something which is extremely relevant to this episode, Mike served on his state’s Use of Force Committee which oversaw all training concerning the use of force, firearms training, and instructor certification.   Supplemental Resources: LiveLeak Video: Argument Over Handicapped Parking Spot Leads to Deadly Shooting [Viewer Discretion Advised] 2018 Florida Statutes 776.013 - Justifiable Use of Force (Florida's "Stand Your Ground" Law)   Connect With Us After the Show! Follow us on Instagram and Facebook! Instagram: @ShootersNationRadio Facebook: https://www.facebook.com/shootersnation/   Shooters Nation Logo Swag Now Available!!! https://www.shootersnation.com/shop   Get News and Special Offers! Be sure to sign up for the Shooters Nation Mail Blast newsletter.   Got an idea for a future episode?  Let us know at https://www.shootersnation.com/idea   Sponsors: Squared Away Customs Quality Custom Kydex Holsters and Carry Gear Be sure to use discount code "SHOOTERSNATION" when ordering! Are you interested in sponsoring an episode?  Contact us!  We'd love to chat with you about it.   Like what you're hearing? Want to support the podcast and help make future episodes possible?  Every dollar donated helps make this show possible. https://www.shootersnation.com/donate  

I have been in this industry, in one capacity or another, since 1992.  I remember that Florida Statute 718 was virtually re-written around that time.  It was then that the manner in which condominium elections are held was changed to they system we use today.  I recall that when the change came forth, the new regulations were so rigorous that it was frustrating.  However, like anything else, once you get used it, you can’t imagine how life was before it came along.  In 1992, the number of condominium associations in the State of Florida was growing at a fast pace.  Most of the new construction was either a condominium or planned unit development.  As the number of condominium associations increased, so did the need for regulation.  Since then there have been several changes to 718.  In some years, the changes were minor; in other years, such as this year, there were sweeping changes that have had a tremendous impact on our industry.  This year, House Bill 1237 signed by Governor Rick Scott, is bringing forth more strict guidelines for Board members and CAMs.  To help us break those new guidelines down, we invited Maria V. Arias, Esq. of Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars, & Sobel, PA to join us in this week’s podcast of Community Association Matters.   We begin by discussing a new section added to the Florida Statutes, section 718.71, which now requires associations to provide the Department of Business and Professional Regulation (DBPR) with a list of the names of all financial institutions in which each association maintains bank accounts.  A member in the association can request a copy of this list from the DBPR. The bill, however, mostly made changes to section FS 718.111.  One of the first changes is that the Statute now clarifies what a kickback is and that the guilty party can face criminal charges in addition to civil penalties.  Per Maria, “the emphasis of this bill…has to do with making it clear to directors, officers, vendors, in relation to the association, including the management companies…that you will be exposed to potential civil as well as criminal penalties” if you do not follow the law. These changes are in response to the recent reports of election fraud and other abuses.  The Florida Legislature felt that it needed to add specific language in FS 718 to clarify that certain acts are criminal.  For example, FS 718.111 now includes language referencing other sections in the Florida Statutes that state that forgery is punishable as a felony.  It specifically includes language that forgery of a ballot envelope or voting certificate constitutes as forgery and it is a felony in the third degree that carries a 5-year prison term and/or a $5,000 fine.  Theft or embezzlement of association funds has always been a crime but again, section 718.111, now specifically has language to emphasize this point; and adds that it is punishable depending on the amounts stolen.   The Statute now makes it a criminal offense to destroy or refuse to allow the inspection of an official record of the condominium association.  Refusing an owner his right to inspect the official records within the period required by law can also be punishable as a third degree felony.  Maria states that she feels these changes are “intended to place some controls and to let people know that it is serious business; if you want to govern, you are going to have to do it correctly.  And if you don’t do it [correctly] or if you do it [incorrectly then it] leads to criminal charges.”  In this regard, Maria highly recommends that associations consult their attorney for establishing a policy in dealing with records requests. The Statute also added new requirements as it relates to a Board member’s eligibility to serve on the Board.  It now states that an officer or director charged with a crime referenced in the changes specifically stated in the Statute, presumably related to theft, embezzlement, forgery, destruction of documents, etc., must be removed as a Board member and the vacancy must be filed by electing a new board member, unless the association’s governing documents state otherwise.  According to Maria, most condominium By-Laws require that vacancies be filled by appointment to be done by the remaining directors.    If there is a criminal charge pending against the officer or director, he or she may not be appointed or elected to a position on the board.   If the charges are resolved without an adjudication of guilt, then that individual must be reinstated for the remainder of his/her term.  There are several ambiguities with this section of the law.  Maria recommends that condominium associations discuss this provision with their attorney to prepare specific guidelines as to how to implement this at the next Annual and Election Meeting.    She adds that she feels that these changes are intended to ensure that individuals who serve on a Board of Director or who are thinking of joining a board understand that they must perform their duties correctly and consult their attorney if there is a doubt. The Statute further prohibits an association from hiring an attorney who represents the management company of that association in question.  In addition, it prohibits a board member, manager, or management company from purchasing a unit in foreclosure sale resulting from an association’s foreclosure of its lien.  It also prohibits these parties from taking title by deed in lieu of foreclosure.  Official records now also include bids an association receives for materials, equipment, or services.  Furthermore, renters of a unit are now allowed to inspect and copy the association’s bylaws and rules. One of the biggest changes from HB 1237 is the requirement that condominium associations that have more than 150 units (excluding time-share units) are now required to have a website by July 1, 2018.  The website must independent and wholly owned and operated by the association; or the website must be operated by a third-party provider.  The association’s website must have the following documents posted: The recorded declaration and bylaws, the Articles of Incorporation, and any amendments; Rules of the association; Management agreements, leases, contracts, and bids; Annual budget and proposed budgets to be considered; Financial report and any proposed financial report to be considered; Director certifications; Contracts or documents regarding conflicts of interest or possible conflicts of interest between an association and is directors; Unit owner meeting notices and agendas (these must be posted at least 14 days in advance of the meeting, in plain view on the front page of the website, or on a separate subpage labeled “notices” which is conspicuously visible and lined on the front page); Documents to be considered and voted on during owners’ meetings and documents listed on the agenda (must be posted at least seven (7) days before the meeting at which the document or information within the document will be considered); Board meeting notices, agendas, and materials must be posted in accordance with FS 718.112, which is typically 48 hours in advance of the meeting; The website must also only be available to owners and employees of the association and cannot be available to the general public.  The association must provide an owner with a user name or password to access the private section of the association’s website.  Maria has a specific concern as it relates to the posting requirements on the website related to members’ meetings and agendas.  In particular, if an association meets all of the mailing requirements under the statute related to special meetings and board meetings but fails to upload the notice on the website as required, is that association not in compliance and required to properly post on the website?  This question cannot be answered now.  She hopes that the Legislature will take corrective action and clarify this point. The Statute now requires condominium associations with 50 units or less to prepare a report of cash receipts and expenditure.  Lastly, an association, its officer, director, employee, or agent cannot use a debit card issued in the name of the association or billed directly to the association for association expenses.  There are many more changes that will be discussed in the next podcast of Community Association Manners.

    It’s that time of year again!  Yes budget season.  It’s time to begin reviewing the financial reports and begin calculating costs for next year’s projects.  Condominium and homeowner associations are governed by many regulations; budget reporting is one of them.  It is important that the Board of Directors of your condominium or homeowner association understand the various elements that make up your community’s budget.  To get an expert’s point of view, in this week’s podcast of Community Association Matters, we invited Pierre Vilme, CPA of Gerstle, Rosen, & Goldenberg, PA.    Lets start with the basics.  Budgets should be prepared by someone familiar with financial reporting.  To ensure that your budget is based on actual figures you should start by pulling the most current financial report.  Pierre recommends that associations review their August or September financial report, which will give them 8 to 9 months worth of financial information.  Budgets must be prepared annually and before the end of the calendar or fiscal year.  Pierre stated that he has seen situations where associations do not approve a budget before the end of the calendar or fiscal year and carry over the current budget into the next year.  They then hold their budget meeting a few months later, this does not meet the requirement set by Florida Statutes.  The budget should be finalized two months before the start of the next fiscal year.  Pierre informs us that one way for associations to save time when preparing their budget is to write a description next to each line item and highlight the reasons for a variance.     All association financials should be prepared on an accrual basis.  If an association prepares their financials on a cash basis, they must make the necessary adjustments to the reports before the end of the fiscal year and ensure that it is on an accrual basis.  Although preparing financials on a cash basis is very common for many businesses, because associations have a receivables component, the financials must be prepared on an accrual basis.  The association’s receivables and bad debt are a very important consideration in preparing the budget.  In order to establish bad debt, Pierre states that Board members should be familiar and consider the association’s business environment.  For example, if owners normally pay within 30 to 45 days of being delinquent, those receivables should not be considered into the bad debt equation.  However, those owners that are seriously past due for a year or more, should be considered.   Because the financial statements are on an accrual basis and in order to ensure that you have reasonably accurate financial statements you must include bad debt to account for those owners that are not paying.     During the real estate crash in 2007-2010 many associations acquired title to some of the units.  Because the mortgagee’s foreclosure was pending, the associations often times rented those units.  Pierre recommends that associations check with their attorney as to the best way to apply that rental income, but he suggests that it be applied to the owner’s ledger.  If the account is brought current said rental income minus that unit’s monthly assessment fee should be reported as rental income and should be reflected on the budget accordingly.  Pierre notes that associations should also consider ancillary income, such as laundry income or valet income.  Especially in a scenario where an association is allowing a laundry company to lease their laundry rooms; that laundry income is subject to sales tax.  The same applies to valet income where the association is renting out parking spaces that are not assigned in the governing documents to an individual owner.  Sales tax reports should be filed with the State of Florida on a monthly basis.    Florida Statute 718 no longer requires associations to perform a reserve study.  The legislators are putting the burden on the board of directors and their fiduciary responsibility to being savvy as to the association’s finances.  However, Pierre recommends that associations perform a reserve study every 2-3 years.  Condominiums are required to have roof, paint, and paving reserves plus any other components stipulated in the governing documents.   In a reserve study an engineer will inspect the building components, such as the roof, concrete, and paint then plug in that information into a software that will allow them to determine the cost to replace that component and its remaining life.  There are two (2) methods in which to fund reserves.  One is the straight line method and the other is the pooling method.  In the straight line method you identify the component of each replacement item.  The pool method still requires the association to know the cost of the replacement item but associations are allowed to pool the funds and are not required to break it down by component.  However, there is no longer a benefit to choosing one method over the other.  In both methods, associations are required to disclose how the funds were disbursed.  For more information on how Gerstle, Rosen, & Goldenberg, CPA can help your firm you may visit their webpage www.grgcpa.com or call Pierre Vilme at 305-937-0116.  For additional information on how Allied Property Group can help manage your association please call 305-232-1579.     

Think commiting a felony is the only way to lose your Voting Rights? Think again. Being too old can do it too.  Bards Logic welcomes American Statesman host Sally Baptiste. We discuss what happens to a 100 year old woman that loses her Right to Vote, can this happen to other citizens, and the attempt to allow non-citizens to vote. Miriam is 100 years young and the State of Florida has taken away all of rights via a court appointed "Plenary Guardian".  Miriam should have had a "Limited Guardian" appointed, but they perfer to strip the senior of all of their rights. Meet Miriam E. Lancaster - "Let Me Vote!"  Do you think Miriam is too old to vote?? https://www.youtube.com/watch?v=caUbb4k2SQQ&feature=youtu.be Beware of Florida Statutes for Guardianship - Seniors Lives do NOT Matter!! http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html Americans Against Abusive Probate Guardianship http://aaapg.net/ Help Support Miriam's Right to Vote by Contacting: The Honorable Judge Jose R. Rodriguez Ninth Judicial Circuit Court, Orange County, Florida 425 N Orange Ave,  Orlando, FL 32801 ctjavc1@ocnjcc.org Phone 407 836 2119     Fax 407 835 5218 Contact Governor Rick Scott   850-488-7146 rick.scott@eog.myflorida.com Bards Logic is the Grassroots, We the People Show  

Overview of Sex Crimes Bauer Crider & Parry Podcast Brad: Alright, good morning, this is the FloridaDefense.com podcast. We are speaking to Tampa Sex Crimes Lawyer, Mike Kenny with the Bauer, Crider, & Parry Law Firm. Mike, how are you doing? Mike: I'm doing well. Good morning, how are you?  B: Doing well, doing well. Well we've got some interesting topics that we are going to be discussing today and kind of the main one today is just kind of an overview of sex crimes.  M: That's right. That's right. The sex crimes statutes in Florida, and I say statutes because there is a couple of different sections that you'll kind of find them in, cover a broad base of conduct that comes into play with sex related offenses. And kind of the way I look at it is you kind of have really two sections. You have this sexual battery section which is in Chapter 794 of the Florida Statutes, and that talks about basically consent type cases, cases where consent is actually an issue in the case. Where the person whose sexual activity was taken place with was not a willing participant. There's a whole bunch of sections under that that we focus a lot of time on in our firm as far as defending. And then there's another section, and that section falls under the section where we're talking about really age of the victim. And those are your lewd or lascivious chapters and those talk about mainly the age of the victim. Basically the incapacity of the victim to even consent, even if the victim was a willing participant. So, it's kind of broken down into those two parts, and they matter very much, because obviously they matter as far as what the defense might be in a certain set of circumstances and really what you want to look for as a criminal defense lawyer. I was a prosecutor for 5 1/2 years in Pasco County and I tried very many sex offenses. It's one of the main investigations that I did on a regular basis was involving sex crimes once a week. And I can tell you that those two crimes are kind of handled differently. The consent oriented crimes, there's a lot of focus on how the State might prove that the victim was not a willing participant, that the victim did not consent and there's a lot of evidence that the State might point to. But when you start talking about sex offenses that are involving minor victims like children, consent isn't really even a question or an issue. So, for instance, the Age of Consent, to have basically sex in Florida is 16 so anytime you have a case involving anyone under the age of 16 there could be a 15 year old and somebody older in school, maybe 17 or 18 in school, whether or not the 15 year old alleged that it was without her consent or his consent or not really is an irrelevant question because at the age of 15 they're not really deemed legally able to consent so that doesn't even come up in a jury instruction. All that has to be proven in a case involving someone under the age of 16 is that the act actually occurred. Whereas when you have a case involving two consenting adults, or shouldn't say consenting adults but two adults, two 18 year olds or even two 17 year olds, you have to prove not only did the act happen, but you have to show the lack of consent on the purported victim in a case.  4:06 B: Mike, I wanted to kind of mention something there. You mentioned you were prosecution in Pasco County, correct? And so you kind of worked the other side of the bench and now you're working the defense side. That's why I like hearing your perspective on these things. What - you mentioned that there was certain evidence the state would look at in a conviction, correct? What were some of the things - and I know you're working as a defense now, but what were some of the things that you were commonly looking for as a prosecutor. M: Well, I guess it depends on what kind of case you're looking at. If you're looking at a case involving two adults, what you look at is the relationship between the two parties. What was involved leading up into that relationship, whether or not there was any physical force used in the sexual activity that happened. It's not just that a victim would come in and say, "I didn't consent to this" That obviously carries a lot of weight, but as prosecutors we also realize that we have to prove cases, so we have to look for certain evidence that might suggest or might prove beyond a reasonable doubt to the jury that the case is exactly what we say it is. So the dynamic of the relationship - obviously a relationship where there is a couple that knows each other for a long period of time is a little bit different than two strangers and someone alleges that they were sexually battered as they were jogging in a park. Obviously, that's gonna be a case that's gonna have a lot more, I would say, a lot more of an impact on a jury, because there's two people who don't even know each other, never met each other, and the jury might be a little bit more likely to be convinced that this was a situation that was nonconsensual, versus a situation for instance where you have a husband and a wife. A husband and wife have been married for several years. In the State of Florida, they don't talk about the relationship being an issue to consent, all it talks about is that sexual activity happened without the other person's consent. So a husband can be convicted of raping his wife and vice versa in the State of Florida. B: Oh wow. Ok. Alright, so you kind of basically you kind of put it in two different categories, the consent and then the age and vulnerability, for the most part?  M: Yes, and I think that you'll find that the statutes go on. Unfortunately there is a number of different ways, especially in this new world that we live in where computers are involved, there's a number of different ways people can exploit other folks. So the Statutes kind of go on and on and on to capture every particular scenario that can be envisioned, but there's the consent type statutes which are basically the sexual battery statutes. Sexual Battery in Florida is basically what people might understand as rape. We don't have a rape charge, it's called sexual battery. And those statutes talk about a person having sex with another person and that person either didn't consent, that's basically your standard - when I say standard, that's your second degree felony. A second degree felony is punishable by up to 15 years in prison - that's the maximum you can get for that. And then you kind of have different levels of a sexual battery. So one is just basically without consent. Two people have sex, one of the persons was not a consenting party to that, that's a sexual battery. The next step is whether or not a person has sexual battery or is alleged to have committed a sexual battery and then the ideas that the person used force or threatened to use force. In that scenario, it rises up a level and becomes a first degree felony and then there's  another level beyond that which talks about whether the person was actually physically injured, or the sexual organs of the person were physically injured and that's a felony that can be punishable by life, even for a first time offense. So, you start off at the question of consent and then there's enhancements to that type of crime which brings the punishment up in levels of severity.  8:34 B: One thing I wanted to ask on the age and vulnerability area, and you mentioned just kind of if they're coherent enough to consent or not consent. Is that something that you always look at is whether alcohol was involved, drug use, that type stuff? M: Well, sure that's - that believe it or not can fall into just a regular sexual battery scenario. The as far as the alcohol involvement anyway or any of that. Consent is the question. So anytime a person alleges that he or she did not consent to the sexual endeavor, the issue is whether or not they were of sound mind to give consent or whether they were actually forced to do it. Whether they were threatened with force to do it. So a person can be absolutely under the influence and so inebriated that they don't really recall the events that took place and there's an argument that that was specifically an endeavor a sexual experience that did not involve consent, did not have consent from one of the parties. There have been plenty of cases that I had as a prosecutor where there are individuals at a party and one of the people passes out and when that one person passes out, the other person still engaged in sexual intercourse, and that would qualify as a sexual battery. The Statute actually specifically talks about cases where obviously we've heard the term "ruffy" before. The Statute specifically talks about a sexual battery would be a situation where a person engaged in sexual activity with another person when the act - the person committing the act - knew either by himself or knew that someone else administered an intoxicating drug or something that would sedate the other individual. And that comes up, has come up a lot in prosecution.  B: Alright, anything else, Mike? I know we've got a few more things we're going to cover in the next few podcasts, but  M: Sure, yeah the interesting thing about the you know if you want to talk about the cases where you have people being drugged, the interesting thing is the most common date rape type drugs that have been used, are used because they are very quick to be basically not necessarily effective or work but your body processes them very quickly so within 24 hrs whatever that person was administered isn't going to be there. So a lot of times the people don't even realize what happened - the people being the victims - don't even realize what happened until later. Don't even, they're curious as to how they found themselves in such a situation. And by two or three days later, it's too late to even test for the presence of the intoxicating substance. But the biggest, I think the most important issue to look at when you're looking at these two cases, is really the age is going to determine how the case is prosecuted, because if the victim is under the age of consent, meaning the victim is under 15, the prosecutor really I wouldn't even expect him or her to even concern himself with the consent aspect, meaning to prove that it was a nonconsensual endeavor because it doesn't matter. It's not a relevant question. It doesn't tend to prove of disprove anything that would be at issue in the trial. So all that has to be proven is that the act occurred and that's a lot - I don't want to say easier, but it's one less thing that the prosecutor has to do versus a case where you have two adults who have met the age of consent in Florida.  B: Well, I'm gonna stop you there Mike, and we'll pick up in the next podcast. Alright, you've been listening to Mike Kenny, Tampa Sex Crimes Lawyer at Bauer Crider & Parry and you've been listening to the FloridaDefense.com podcast.