McDonald, Fleming, Moorhead, Ferguson, Green, Smith, Blankenship, Heath & de Kozan, LLP

Nancy Lemke Elected Vice-President of the Pensacola Chapter of the Association of Legal Administrators
March 27, 2007

Nancy Lemke, firm administrator of McDonald Fleming Moorhead has recently been elected as vice-president of the Pensacola chapter of the Association of Legal Administrators. The Association of Legal Administrators is an international organization with the mission of promoting and enhancing the competence and professionalism of legal management.

The national association was formed in 1971 and has more than 9,700 members. The Pensacola chapter dates back to 1981 and currently has 20 members. Mrs. Lemke has been the administrator of McDonald Fleming Moorhead for more than four years and attends to the day-to-day administration of the firm, including supervision of the firm’s 23 employees.

Congratulations, Nancy!

McDonald, Fleming, Moorhead Legal History Award
March 12, 2007

The firm sponsored an award with the Escambia County School District at the annual History Fair competition held during February. The award recognizes an outstanding entry relating to the history and development of the law in the United States.

The firm selected as its 2007 winner, an 8th grade student from the PATS Center, who presented a historical performance entitled "Gideon v. Wainwright: The Poor Man and the Law." In this historical performance, the student assumed the roles of Abe Fortas arguing the Gideon case to the United States Supreme Court, the trial judge, and a modern day Public Defender to illustrate the right to legal counsel guaranteed by the Constitution.

As the 2007 winner of the McDonald, Fleming, Moorhead Legal History Award, the student received a trophy and a cash award in the amount of $300.00. The winner also will be recognized on the permanent plaque displayed in the firm's lobby.

Vote Yes on Amendment 3
October 16, 2006

On the November 7 ballot Floridians will vote on six proposed amendments to our state constitution, and as strange as it may seem, the most important one may be No. 3, which would make it harder to change our constitution. If the majority approves this amendment, after November 7 it would take 60% of the voters to change the constitution.

Is this necessary? Is it too easy to change our constitution? Obviously, it is. In 2000 the voters approved a "Bullet Train" provision requiring the Governor and Cabinet to create a very expensive rail transit system between Florida’s five largest cities. Four years later, when they realized what they had done, the voters approved another amendment repealing the Bullet Train amendment.

Florida voters seem to vote "yes" on proposed constitutional amendments no matter what they provide. In 2002 we approved constitutional protection for pregnant pigs, among several other provisions that should be in the statutes instead of the constitution. After all, a constitution is supposed to be the fundamental law of a society, the basic framework and principles against which statutes and lesser laws of a state are judged for validity.

Our Nation’s founders recognized that the Constitution should not be "easy" to change, and therefore adopted a “super-majority” requirement (must be ratified by 75 percent of the States) before altering a “core document” designed to protect fundament freedoms and rights. In Florida, the “amendment” process has become a way for well-funded special interest groups of all kinds to get laws passed that would never be approved by informed, elected representatives. These groups have discovered the "loophole" in "pure" democracy (compared to a constitutional democratic republic) recognized by Abraham Lincoln in his famous quote, "you can fool all of the people some of the time." It is easy enough to word a constitutional amendment that sounds reasonable, bypassing the "elected representative" review in which representatives have the time, staff and resources to become fully informed on issues.

To those of us who study the law and make it our profession, it is embarrassing no matter how one feels about a particular subject. It is comparable to calling 911 when your car breaks down, or making a doctor empty the trashcans at a hospital – a total misuse of a precious resource. The pregnant pig defenders and bullet train proponents need to convince our elected representatives, if they can, to pass their measures and not distort our legal backbone into a circus car filled with clowns.

Until we as a state develop some discipline about our constitution and learn to "just say no," we need to make the amendment process harder. We urge voters to approve Proposed Amendment No. 3. Based on our recent history, we have no doubt that it will pass. Everything else has.

Katie White Appointed Trustee for Maritime Park
October 16, 2006

One of our associates, Katie White, was appointed in October, 2006, to the Board of Trustees for the Community Maritime Park Associates, Inc. This Board will oversee the construction and development of the exciting new Vince Whibbs, Sr. Maritime Park (www.propensacola.com), as well as manage the park once it is completed. Katie is a graduate of Birmingham-Southern College and Louisiana State University Law Center. Katie is a native of Pensacola, and joined the firm in 2005.

Why We Support the Community Maritime Park
August 3, 2006

The partners of McDonald Fleming Moorhead unanimously support the proposed Community Maritime Park (www.propensacola.com). The proposal is an ingenious plan which takes advantage of a special downtown tax district called the Community Redevelopment Agency (CRA). The bonds for the $40 million in “public funds” for the plan would be paid solely by the “excess” property tax dollars of the CRA (taxes on the increases in value), which are paid only by the downtown property owners. This means that the majority of city property owners will pay NOTHING for this beautiful waterfront public park, museum and open-air stadium.

We realize that some of our neighbors oppose the plan, and for that reason we have carefully studied the legal and financial details. Most of the arguments being expressed against the project are not factually based, and some of the more vocal opponents seem to be opposed merely because it is “not perfect” in their eyes. Pensacola cannot wait for perfection. Senior partner Bruce McDonald sums it up by saying, “This 27.5 acre waterfront property has been weeds for decades, and if the Community Maritime Park project is defeated, it will be weeds for decades more.” It is our strong belief that Pensacola will not see any future proposal that is as generous and public-access oriented as this plan put together by Quint Studer, Dr. John Cavanaugh of UWF, and the late Admiral Jack Fetterman.

We urge all city residents to study the facts on this important question to be decided on September 5.

Suzanne Blankenship selected for the Pensacola Business Journal's "2006 Top 40 under 40 Up and Coming Community Leaders"
May 15, 2006

Suzanne Blankenship Job: Real estate attorney; McDonald, Fleming, Moorhead Law Firm (assistant managing partner).

Age: 38

Hometown/City of Residence: Muscle Shoals, AL / Pensacola, FL

Leadership Roles and/or Community Participation: Escambia / Santa Rosa Bar Association Executive Council; Leadership Pensacola Class of 2003; First Baptist Church of Pensacola (active member and volunteer in children's ministry); Bama Club of Northwest Florida (chair, board of directors); Cordova Park Elementary School (classroom volunteer); Ronald McDonald House (volunteer with my family by cooking meals for residents); Community Associations Institute (member); Heavenly Blessings (member of advisory committee for ministry to the homeless).

What legacy do you hope to leave on the Northwest Florida Community? Each generation has to have caring people willing to get involved in the lives of others. I would hope that my husband and I are able to influence our children to live their lives that way.

How have the hurricanes of 2004 and 2005 changed you or affected your community service? Seeing so many people in need after the hurricanes challenged me to step out of my comfort zone.

If you were a book, what would your title be? "Bloom Where You Are Planted"

McDonald Fleming Moorhead comes out ahead in the 2nd Annual Professional Pump-a-Pint
May, 2006

McDonald Fleming Moorhead defended its trophy in the Second Annual Professional Pump-a-Pint competition in May, 2006. Our firm narrowly defeated Emmanuel Sheppard & Condon for the total units donated during the week-long effort, 30 to 26.

More importantly, the Blood Drive total for the week was 188, far exceeding the first year’s total of 129 units. “There are no losers in this drive,” said partner Bruce McDonald, “and the winners are not only those whose lives will be saved by using our blood but all those who helped in any way. There is a serious shortage of blood donations in this area, and we all need to pitch in.” The drive is sponsored each year by the Escambia Santa Rosa Bar Association in cooperation with the Northwest Florida Blood Center.

Probate "Webinar" Launched in March
March 3, 2006

On March 1, 2006, Bruce McDonald, Katie Monroe and Felicia Wynne successfully launched the law firm’s first Webinar (seminar on the internet) for clients of the probate department. Entitled “Asking the Right Questions – Getting the Right Answers,” the Webinar is designed to help companies investing in Florida real estate for which probate is needed. The firm’s probate department hosts a web page (www.statewideprobate.com) and to date has filed for probate in 55 out of Florida’s 67 counties.

Firm Supports Community Maritime Park
March 2, 2006

McDonald Fleming Moorhead has strongly endorsed the proposed Community Maritime Park as a much-needed boost to Pensacola’s economy. Details of the proposal can be found at www.propensacola.com. “We know the three principal proponents – Dr. John Cavanaugh of UWF, Vice Adm. (Ret.) Jack Fetterman, and Quint Studer,” said managing partner Stephen R. Moorhead, “and all three are persons of integrity and vision, with Pensacola’s best interest at heart. We urge all citizens to study the proposal and become involved in the discussion.”

Robert Heath Recertified by The Florida Bar
October 27, 2005

The Florida Bar has announced it has again certified Robert Heath as a Board Certified Civil Trial Lawyer through the year 2010. Certification identifies Mr. Heath as a lawyer with "special knowledge, skills, and proficiency in civil trial law" and requires he meet higher standards of conduct, professionalism, and integrity above other members of the bar. Mr. Heath, who is nationally certified as a Civil Trial Advocate, is one of only 38 certified civil trial lawyers in Escambia and Santa Rosa Counties. He was originally certified in 1990.

Central Escambia County Area Study Completed - Increased Residential Density in MU-6 Recommended
October 12, 2005

The Hatch Mott MacDonald firm has recently submitted to Escambia County its report on growth management issues in Central Escambia County. A key catalyst for development of that report was interest regarding re-zoning to higher densities within the MU-6 Future Land Use Area. The study concluded that the total allowable dwelling units for the MU-6 area is 17,931 based upon an area wide density of 1 du/acre. Existing dwelling units for the entire MU-6 area, however, are currently only about 8,564.

The report recommends the county consider future re-zonings and amendments to the Comprehensive Plan that would increase the residential densities with the MU-6 area.

Santa Rosa County Passes New Flood Zone Ordinance
September 28, 2005 - Robert N. Heath, Jr. Board Certified Trial Lawyer

In the aftermath of Hurricane Ivan, Santa Rosa County adopted new guidelines that govern reconstruction in flood zone areas. Prior to 2005, the County’s Floodplain Management Ordinance required that all residences in special flood hazard areas be constructed equal to or above the base flood elevation. The new version, Ordinance No. 2005-28 adopted on August 25, 2005 and effective in September 4, 2005, provides:

New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated equal to or above three feet above the base flood elevation; and
V-zone requirements shall be imposed on all lands within 200 feet from the mean high tide line in areas identified [on FEMA flood maps]

These new requirements will impact many Santa Rosa County residents who have not yet obtained permits to repair or rebuild their homes after Hurricane Ivan. In those areas where V-zone requirements will be imposed, residents will not be permitted to bring in fill dirt to elevate their homes and will, in many cases, be required to construct on pilings.

Escambia County is considering similar requirements but has yet to adopt a new ordinance.

Pensacola businesses awarded for enhancing downtown area
Pensacola News Journal

The Pensacola Downtown Improvement Board recently recognized businesses for enhancing the appearance and vitality of downtown. Winners of the "Golden Brick" awards included businesses that underwent major renovation or new construction in the past year. Improvements must have been made in the past year and must encompass more than damage repair or routine maintenance.

For 2005, the winners were:

Anchor Court Reporting, 229 S. Baylen St., for new construction.
Artesana, 242 W. Garden St., for new construction.
Gordon & Irby Building, 94 E. Garden St., for major renovation.
McDonald, Fleming, & Moorhead, 25 W. Government St., for new construction.
RagTyme Grille, 201 Jefferson St., for major renovation.
Wesley Haven Villa, 111 E. Wright St., for new construction.

2004 Golden Brick winners were:

Beggs & Lane Building, 501 Commendencia St.
Gulf Coast Community Bank, 40 N. Palafox St.
Heritage Hall, 148 E. Government St.
Meador & Vigodsky, 17 W. Government St.
Morgan Keegan Building, 120 E. Main St.

McDonald, Fleming, Moorhead Top Donations in Blood Drive
June 8, 2005 - Pensacola, FL

The Northwest Florida Blood Center announced that McDonald, Fleming, Moorhead was the top law firm with the most blood donations in the four-day "FIRST ANNUAL PROFESSIONALS PUMP-A-PINT ATTORNEYS' BLOOD DRIVE". The drive produced 129 units of blood donated, with ten law firms and the courthouse employees participating. Eighteen units came from McDonald, Fleming, Moorhead. Partner Bruce McDonald, one of the organizers, said the firm was "proud to participate in this life-saving event, and was looking forward to an even bigger competition next year."

© 2008 McDonald, Fleming, Moorhead, Ferguson, Green, Smith, Blankenship, Heath & de Kozan, LLP
25 West Government Street, Pensacola, Florida 32502-5813 Telephone: (850) 477-0660 Facsimile: (850) 477-4510
Right across from the courthouse in downtown Pensacola

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