William A. Bond presented a "Primer on Probate, Trusts, and Estate Planning" to attendees at the first annual Senior Fest held on February 23, 2008 in Pensacola, Florida. Approximately 200 seniors attended Senior Fest on February 23 at the University of West Florida.

Download copies of Mr. Bond's presentation materials:

• Primer on Probate, Trusts, and Estate Planning - MS Word Document

• Primer on Probate, Trusts, and Estate Planning - MS PowerPoint Presentation
   

Pensacola's own Institute for Human and Machine Cognition or "IHMC" has received national recognition from the U.S. Department of Commerce for excellence in Technology-Led Economic Development. The award goes to the most outstanding non-profit entity who has most successfully addressed "what’s next" to keep technology-led economic development expanding on a national level. But, IHMC is doing more than just moving the national economy forward -- it is moving Pensacola’s economy forward by creating new jobs, revitalizing the historic downtown area, and promoting science education in our community.

In 2007, IHMC attracted world-class talent to Pensacola by hiring 24 new employees with advanced degrees and experience ranging from military defense research to international development and economics. While attracting the current best and brightest to Pensacola,
IHMC is preparing the best and brightest of tomorrow with its "Science Saturdays" and "I Love Science Programs". Science Saturdays is a monthly hands-on science program for kids in grades 3, 4, and 5. The "I LOVE Science" program was launched in 2006 by IHMC
and Gulf Power to increase the frequency of hands-on science activities in our schools.

"The IHMC has convincingly demonstrated how a major scientific and
technical center can play a catalytic role in rebuilding and strengthening
the fabric of an urban community. Not only has the IHMC made a
direct contribution to the economic development of its surroundings; its
role as a powerful talent magnet has had enormous regional, state, and
national benefits."

McDonald Fleming Moorhead thanks IHMC for its impressive contributions to our community and looks forward to the continued revitalization of our historic downtown.
 

The Pensacola Young Professionals honored the first graduating class of Internship Pensacola this August. Internship Pensacola is a joint effort of the Pensacola Young Professionals, the University of West Florida and the Pensacola Bay Area Chamber of Commerce. The program matches local college students with area businesses who provide full-time, salaried summer internship positions. The program is geared at retaining our bright college students and assuring that they will remain in Pensacola upon graduation.

In addition to securing internships, Internship Pensacola strives to showcase Pensacola as a fantastic place to live, work and play. The program organized several networking and social events for the interns including Music in the Park, a Pensacola Pelicans baseball game and an informative trolley tour of Downtown Pensacola and Santa Rosa Island. These networking events help to educate the interns on Pensacola’s rich history, culture and entertainment.

John B. Trawick, a lifelong resident of Pensacola, is a partner with the law firm of McDonald, Fleming, Moorhead, Ferguson, Green, Smith, Blankenship, Heath & de Kozan, LLP. John earned his undergraduate degree from Tulane University in 1991 and his law degree from the Cumberland School of Law
in 1995. While in law school, Mr. Trawick served as a research and writing editor of one of the school’s law reviews, The American Journal of Trial Advocacy, and he also taught legal research and writing at Cumberland.

After graduating from law school, John accepted a position as trial court law clerk to the Escambia County Circuit Court. Upon completion of his clerkship, John joined the Pensacola law firm of Shell, Fleming, Davis & Menge, where he became a partner and practiced for nearly 12 years. During that period of time, John's practice encompassed various types of civil litigation in both state courts and federal courts, with a concentration in the areas of construction law, commercial law, and employment law. In August 2007, John joined McDonald Fleming Moorhead as a partner, where he continues to practice in the areas of construction law and commercial law.

John holds a board certification in construction law by the Florida Bar and is one of only a handful of attorneys in the Florida Panhandle to obtain this distinction. He is a member of the Construction Law Committee to the Real Property, Probate and Trust Law Section of the Florida Bar; the ABA Forum on the Construction Industry; and the Business Law Section of the Florida Bar.
 

Whether we knew it or not, when we were in college and then law school most of us benefited from the quiet generosity of others through scholarships, and donations for classrooms, buildings, stadiums, named academic units, and the like.

Last year, we first told you about the mock trial classroom project at the University of West Florida. This mock trial classroom will be a learning laboratory for students, a site for mock trial team preparations, and a venue which may be used for the training of law enforcement officers, high school mock trial teams and witness preparation. This state-of-the-art, hightech facility will also be available for use by our legal and judicial partners in Northwest Florida. The classroom will also be a vehicle to implement Florida Supreme Court Chief Justice Fred Lewis' vision for improving civic eduacation. Outside law schools, this mock trial classroom will be the first of its kind located on an undergraduate campus in Florida.

Prestigious groups, firms, and individuals have made significant financial contributions to the project. We ask you to join the ranks of the Florida Bar Foundation, Beggs and Lane, the Association of Legal Administrators, McDonald Fleming Moorhead, Northwest Florida Association for Women Lawyers, Northwest Florida Paralegal Association, Anchor Court reporting, McKenzie and Hall, Fred Levin, the law offices of Valerie Prevatte, David Sellers, and Amond and Oram, several anonymous donors, and our alumni and friends who have generously responded to President Cavanaugh's call to make this project a reality.

Your gifts are needed to supply the classroom with evidence presentation systems, video-conferencing, high-speed internet access, witness conference and interview room, counsel table and chairs, witness stand, and spectator benches. Inquiries for giving and classroom naming opportunities may be directed to Ms. Martha Lee Blodgett, Director of Development, (850) 474-2712, email mblodget@uwf.edu or Dr. John Smykla, Professor and Chair of Criminal Justice and Legal Studies, (850) 473-7377, email jsmykla@uwf.edu.
 

Congratulations to the Admiral John H. Fetterman State of Florida Maritime Museum and Research Center for its commitment to educating our children and community. Congratulations to the Community Maritime Park Associates Board of Trustees for its selection of a master design team for the Vince Whibbs, Sr. Community Maritime Park.
 
The initial plans for the Maritime Museum, approved by the Community Maritime Park Board of Trustees, are an exciting combination of education and entertainment. When you enter the museum, on your left will be a 125,000 gallon, three-story aquarium tank. On any given day, you might see divers on the floor of the tank, giving a demonstration on underwater archaeology or graduate students from UWF learning how to study history under water.
 
On the second floor will be an interactive theater and rotating exhibits, which could be on the history of hurricanes on the Gulf Coast, artifacts from the Titanic, or sunken treasure from Spanish ships in the Bay.

On the third floor will be the admiral’s bridge, overlooking Pensacola Bay. There are also plans for a touch tank with marine life from the Gulf.

The museum will integrate archaeology, biology, environmental science and history in a broad interpretation of Florida’s maritime history. The initial exciting designs are comparable to Pensacola's other world-class museum, the Naval Aviation Museum at NAS. Between the two, tourists and residents alike will have access to fascinating educational experiences that will be hard to match anywhere.

We should all be grateful to those who have donated to the
museum already, and it’s not too late to add your support. Go to
www.uwf.edu/maritime/ to learn more or to make a donation.

McDonald Fleming Moorhead eagerly awaits the revitalization of the downtown Pensacola waterfront.

Keep up the good work, Museum!
 

Raymond P. Oldach, Jr., is an associate with McDonald, Fleming, Moorhead, Ferguson, Green, Smith, Blankenship, Heath & de Kozan, LLP. He earned his bachelor's degree with honors in History from Mercyhurst College and his Juris Doctorate with distinction from the Claude Pettit College of Law, Ohio Northern University, where he was the Editor-in-Chief of the Law Review.

Before entering the legal profession, Ray worked for the Office of Naval Intelligence in Washington, D.C., as a federal civilian employee. There, he managed and monitored the collecting and gathering of intelligence for the United States Navy. After two years, he served on active duty as a Naval Intelligence Officer. After September 11, 2001, Ray served in the Middle East in support of Operation Enduring Freedom. Ray is a proud member of the Veterans of Foreign Wars (VFW).
 

Congratulations to the Community Maritime Park Associates Board of Trustees for its selection of a master design team for the Vince Whibbs, Sr. Community Maritime Park.

The team selected includes Caldwell Associates Architects, whose recent projects include the Escambia County Sheriff’s Administration Building and the Sacred Heart Emerald Coast Medical Office Building. Also included in the team is Ray Gindroz of Urban Design Associates. UDA has designed master plans for the downtowns of Norfolk, Cincinnati and Minneapolis. HKS Architects will handle the programming design, and has designed projects all over the world. Their projects include the American Airlines Center (the home of the Dallas Mavericks) and Miller Park (the home field of the Milwaukee Brewers). The landscape architecture will be done by Sasaki, Inc., which was awarded first prize in the international design competition for the Olympic Green, the primary site of the 2008 Beijing Olympic Games.
 
Other local team members include Hatch Mott MacDonald, Fabre Engineering, Inc., Klocke & Associates, Caldwell Associates Interiors, and MEP Engineering Solutions. More detailed information on the progress of the park, including all design team members, as well as updates on the first-class national companies vying for the master developer position, is available at www.ci.pensacola.fl.us.

Congratulations to all team members!

McDonald Fleming Moorhead eagerly awaits the revitalization of the downtown Pensacola waterfront.

Keep up the good work, Trustees!
 

The Secretary of the Army has re-appointed Brigadier General Michael L. Ferguson, U.S. Army, retired, to serve as Civilian Aide to the Secretary of the Army for the State of Florida (North). At the end of his appointment, he will have served for 6 years as Civilian Aide to the Secretary.

Civilian Aides are selected on the basis of their demonstrated patriotism, interest in the Army, business or professional leadership, and their ability to increase the public's understanding of the Army. Civilian Aides are ranked just below 3-Star general officers and are considered to be the Secretary of the Army's personal representatives. Civilian Aides advise Army leaders on how the civilian community perceives the Army and its activities and serve as representatives through public statements and appearances.

Some 75 Aides serve throughout the continental U.S.A. and overseas possessions and territories. The program has been in effect since 1922 and approximately 500 persons have served as Civilian Aides since its inception.

General Ferguson is Airborne and Ranger qualified as well as the recipient of over 30 awards, decorations, and badges. He is a graduate of the United States Military Academy (B.S., Military Science 1960), American University (M.A., International Relations, 1967), Central Michigan University (M.A., Business Management, 1977), University of Florida, College of Law (J.D., 1989), is a Trustee of the University of Florida Law Center Association Board of Trustees, and is Chairman of the University of West Florida College of Business Advisory Council. His is a Director of the NW Florida Blood Center, and a member of Gideons and Rotary International. He and his wife have endowed a scholarship for Veterans' children at the University of West Florida and are sponsors of the Patriot Book for all 8th grade students in Santa Rosa County, FL titled "Freedom". He is an AV rated Attorney. He is a native of Pensacola, a Partner and "Of Counsel" in the law firm of McDonald, Fleming, Moorhead, Ferguson, Green, Smith, Blankenship, Heath and de Kozan, LLP. He is married to the former Jane Lang and has three children and two grandchildren. His mother, Natalie Cason, also resides in Pensacola.
 

Robert Heath has been selected a 2007 Florida Super Lawyer in the category of Plaintiff Personal Injury Litigation. Only 5% of Florida's lawyers are selected by a survey of over 44,000 lawyers across the state and an independent research firm.





 

A noticeable change in the development landscape over the last few decades has been the increasing popularity of homeowners' associations (HOAs). Often viewed by home buyers as a desirable benefit for maintaining order and preserving property values within planned communities, HOAs are conversely met with contempt at times by those same home buyers when enforcement powers are flexed against them. A necessary evil, a useful tool and little dictatorships are but some of the descriptive phrases I have heard used in reference to HOAs and their boards in the course of my practice. Since the only thing some homeowners have in common is that they all own property within the same neighborhood, differing opinions can be plentiful within a HOA’s board of directors and its membership. Combine that with some recent laws enacted to curb abuses of power and regulate operations and one can quickly see why advising these groups can be a challenge.
 
Homeowners' associations have become increasingly common since 1964 in the United States. HOAs governed 23 million American homes and 57 million residents in 2006, according to an estimate by the Community Associations Institute trade association. Regulation of HOAs in Florida within the last decade has grown with the advent of Chapter 720 of the Florida Statutes. Subject only to the Not-For-Profit Corporation Act (Chapter 617) and their "governing documents", consisting of the recorded declaration of covenants for the community and the articles of incorporation and bylaws of the association, HOAs were unregulated until the early 1990s. However, by 1995, more detailed and condo-like requirements became the norm. This trend continues thanks to various amendments to Chapter 720. Before a suit can be filed in court, many disputes involving the HOA and a homeowner must now be submitted to mandatory mediation with the Division of Land Sales, Condominiums and Mobile Homes. Further, HOA affairs must now be conducted in accordance with the statutory requirements and the association’s governing documents. Many of the statutory enactments have surely helped to secure needed access for the homeowners to key decision making and recordkeeping. However, making sense of the maze of requirements can turn a volunteer assignment into a full time job for a HOA’s board of directors which attempts to function without a licensed community association manager and experienced legal counsel.

One current firestorm surrounding the roles and powers of a HOA is at the heart of a case heard before the Supreme Court of New Jersey on January 4, 2007 involving an initial suit brought against a HOA by a group of homeowners for a mandatory injunction permitting homeowners to post political signs. In the decision on appeal, Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association, 383 N.J. Super. 22 (App. Div. 2006), the Appellate Division found that community associations have supplanted certain responsibilities once undertaken by towns and municipalities and that state constitutional rights to free speech outweigh certain restrictions imposed by homeowners associations, even though such property is private rather than public. This case has generated great interest and debate nationwide over the mixing of freedom of expression with property rights. Whatever the outcome, the publicity surrounding this case is sure to fuel legislative debates throughout the nation.

HOA advocates argue that HOAs are corporate entities, subject to the business judgment rule, acting within a set of common interests accepted by the residents of the community. Opponents contend that HOA actions should be subject to the constitutional and procedural guarantees of the state’s constitution. Thus, the primary focus of the Twin Rivers case is the degree to which members of the community may appeal or second-guess the decisions of the duly elected board of the HOA. The American Association of Retired Persons (AARP) has already begun distributing its so-called HOA "Bill of Rights" in an effort to focus lobbying efforts on HOA reform throughout the United States. If the critics prevail and HOAs become regulated even further by the state legislatures, perhaps capable volunteers will become even more unwilling to serve on boards of directors if the functioning of these groups gets even more complex.

The only certainty is that the debate over association powers (both HOAs and condominium associations alike) will continue. Currently, association boards must be as knowledgeable and well advised in the evolving law as they are in Robert's Rules of Order. Think about that the next time you offer to help out in your neighborhood.