Summation Quarterly, Summer 2023

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Contents

Escambia-Santa Rosa Bar Association

260 South Tarragona Street, Suite 160 Pensacola, FL 32502

Phone: 850.434.8135

email: esrba@esrba.com

Lawyer Referral Service: 850.434.6009

Executive Director

Jeff Nall jeff@esrba.com

Member Services Coordinator Stephen Hayward stephen@esrba.com

Lawyer Referral Service Veronica Porter lrs@esrba.com

Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership.

Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor.

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Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing.

The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.

Summation Committee

If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.

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From the President

Aaron T. mcCurdy

Dear ESRBA Colleagues, Friends, and Community Partners,

As my term as President of ESRBA draws to a close, I wanted to take a moment to reflect on the incredible accomplishments we have witnessed together over the past year. It has been a privilege to serve alongside such dedicated professionals, committed to upholding the highest standards of the legal profession while serving our community with unwavering integrity.

Throughout this transformative year, ESRBA has achieved remarkable milestones, contributing to the growth and success of our organization. I am delighted to highlight some of our significant accomplishments that have shaped our past year:

We successfully completed the inaugural year of the ESRBA mentorship program, with ten pairs of mentors and mentees within our local community. This invaluable initiative has facilitated the transfer of knowledge, guidance, and support, empowering the next generation of legal professionals to thrive in their careers.

ESRBA continued to provide relevant and exciting content for our monthly bar lunches, to include speakers such as Judges from the First District Court of Appeal, Florida Bar President Gary Lesser, Reverend H.K. Matthews, various Circuit and County Court Judges, and a variety of other speakers.

ESRBA also continued its commitment to giving back to our community through various community service events. These initiatives allowed our members to make a positive impact beyond the courtroom, further solidifying our association’s reputation as a force for good in Escambia and Santa Rosa counties.

Our organization curated a range of networking events, to include events focused on Santa Rosa County, to facilitate meaningful connections among legal professionals. These events provided a platform for fostering professional relationships, sharing experiences, and exploring collaborative opportunities, ultimately enriching the fabric of our legal community.

As I prepare to hand over the reins of leadership to our incoming President, Christine Kelly, I am filled with great excitement and optimism for the future of ESRBA. I have no doubt that under her guidance, our organization will continue to build upon these accomplishments, amplifying our impact and strengthening our ties within our community.

To all our members, I express my deepest gratitude for your unwavering support, active participation, and dedication to our shared mission. Your contributions have been instrumental in shaping ESRBA into the dynamic and influential association it is today. Thank you for putting your faith in me to lead and represent ESRBA for these past several months.

As I have mentioned before, remember to take account of the blessings in our lives, to treat everyone with respect, and live every day knowing that we have much for which to be thankful. Let us continue to work together to ensure that Escambia and Santa Rosa counties remain a unique and exceptional place to practice law.

With sincere appreciation and warm regards,

Aaron

Addison Riley, LLC is a full-service construction, design, insurance appraisal and forensic building and engineering firm that services the majority of the United States through five locations. The team members of Addison Riley are unmatched in talent, drive, and their ability to problem solve complex situations to find a solution to problems as they arrive for construction defect and insurance claims disputes.

Many of the team members carry their own certifications that range from adjusters, a PhD meteorologist, builders, roofers, and engineers to include PhD engineering team members. IICRC and thermography certifications, window and building envelope testing certifications, umpire/appraisal certifications and others. The ability to have driven, licensed and certified team members allow the company to service their clients in an expedited manner through a duplication of talents. From Matterport to moisture mapping, roofing to building, engineering to meteorology, AutoCad to design, umpiring/appraising to adjusting, Addison Riley, LLC has truly become a one stop shop for construction and loss consulting/ expert services.

Lead by President and founder Jon Pruitt since 2017, whom is an insurance claims umpire, appraiser, adjuster, building/roofing contractor, REALTOR®, property loss consultant and expert witness in multiple

Sponsor Profile:

Jon W. Pruitt Founder and President, Addison riley

states. His ethics and resolute personality give him a clear objective approach to any service he provides. His ability to handle multiple personalities in high stress situations, such as disputes over construction projects or insurance claims, have earned him great trust by attorneys and adjusters on both sides of the fence in litigation or pre-litigation settlement efforts.

Jon’s construction background started early in life, but became full time in 2004 during the aftermath of Hurricane Ivan when an introduction to a roofing company owner led to a position selling roofs and storm damage repairs. He found the everyday challenges and logistics of the insurance restoration industry enticing due to the constant challenges that require astute problem-solving and negotiating skills.

Jon has worked many storms as a contractor that includes, but are not limited to, the TN and AL tornados of 2011, 2014 floods and 2016 tornados of Pensacola, FL, Hurricane Ivan, Katrina, Ike, Dennis, Irma, Ida, Eta, Laura, Gustav, Michael, Sally, Nicole, and Ian, multiple hail storms, and many water and fire damage claims. In addition to storm restoration and retail construction, he has been retained as a consultant expert or appraiser/umpire in thousands of insurance claims and construction defect litigation cases servicing insureds,

insurance companies, and consumers.

In 2015, Jon was honored to serve as the President to the Home Builders Association of West Florida. The organization acknowledged Jon’s leadership and commitment to quality by awarding him the Parade of Homes award for the price point category of $600,000 + and the annual “Builder of the Year” award in the same year. In addition to these awards, his company has been awarded the Chamber of Commerce Small Business of the Month award three times.

Greg Kelly, PE, SE, LEED took over as the CEO of Addison Riley, LLC in 2022. Greg’s leadership brings a wealth of real-world experience and knowledge as a historical building and blast expert. Greg was responsible for the maintaining and restoring of many government buildings with his prize accomplishment being responsible for rebuilding the curtain walls at the United Nations along with many other historical projects in the United States and overseas. His desire to create a thriving culture for team members to thrive on their own merits and develop a strategic futurecast for the firm to continue to develop and execute our unique platform of integrity, has given the firm great ability to work synergistically with plaintiff, defendant, and carrier firms alike.

The Escambia-Santa Rosa Bar Association

Executive Council

Officers President

Aaron T. McCurdy

Vice President

Christine A. Kelly

Secretary

Joseph A. Passeretti

Treasurer

Rebecca Gilliland

Immediate Past President

Garrett P. LaBorde

Executive Council

Ryan Cardoso

Jessica Etherton

Patrick Jennings

Joe Kirkland

Stephen Luongo

John Mahoney II

Alexis Mays

Rachel Thomas

Andrew Spencer

Aaron Watson

Young Lawyer Representative

Michelle Nguyen

Don’t forget that members save 40% on our ever expanding library of CLEs

Scan this QR code to check out our current selection of great CLE programming!

Stay current on everything going on with the Escambia – Santa Rosa County Bar Association

Be sure to check out the ESRBA website for all upcoming events.

Announcements

CHAMBERS USA 2023 RECOGNIZES BEGGS & LANE ENERGY ATTORNEYS

Beggs & Lane, R.L.L.P. is pleased to announce that Steve Griffin and Ed Holland have both been awarded top rankings in the 2023 edition of Chambers USA for their expertise in the areas of Energy and Natural Resources law. Published annually, the Chambers USA guide identifies the nation’s top law firms and attorneys through rigorous research and in-depth client interviews. Rankings are assessed on legal knowledge, experience, ability, effectiveness, and client service, in addition to the strength and depth of a firm’s practice.

Founded in 1883, Beggs & Lane has counseled clients on matters pertaining to Energy and Natural Resources for over a century.

ATTORNEY RHETT WILLIAMS SELECTED TO ACTEC FLORIDA FELLOWS INSTITUTE

We are thrilled to share that Rhett J. Williams, taxation and estate planning attorney at Clark Partington,has been selected as a participant for Class VI of the Florida Fellows Institute of the American College of Trust and Estate Counsel (ACTEC).

The Florida Fellows Institute, established by ACTEC, aims to cultivate the next generation of legal leaders focused in the areas of wills & trusts; estate planning; and probate by offering comprehensive educational sessions led by top-notch experts from across Florida.

Selection to The Florida Fellows Institute is an extraordinary honor, requiring nomination by an ACTEC Fellow, followed by an application process. Rhett’s selection reflects his exceptional expertise and dedication to his field.

It’s worth mentioning that Clark Partington has a rich history with ACTEC Notably, Firm Founder Bob Hart was a longtime fellow, and currently, shareholder Richard Sherrill is a fellow of this esteemed national organization.

On the Move

The Law Offices of Thieman-Greene & Bell have moved to 1900 Highway 87 Suite J, Navarre, FL 32566. They can still be reached at (850) 939-0499.

Bethany Taylor has opened her own law firm, Bethany Taylor Law, located at 4158 Sandy Bluff Dr W, Gulf Breeze, FL. She can be reached at (714) 486-6703.

The Escambia-Santa Rosa Bar Foundation

Board of Directors

Officers President

Shekka Drayton

Vice President

D. Steve Traylor, Jr. Secretary & Treasurer

John “Buz” Windham

Directors

Sheldon Bernau

Jeremy Branning

Jodi Dubose

Stephen Echsner

Cameron Townes Gore

Heather Lindsay

Patrick Martin

Aaron T. McCurdy

(ESRBA President)

Adrianna Spain

Warren Todd

Mikaela Ziko

Escambia-Santa Rosa Bar Association

Young Lawyers Division

Board of Directors

Officers President

Michelle Nguyen

Vice President

Brooke DiSalvo Treasurer

Logan Sliva Secretary

Alexandra Messmore Directors

J. Mitchell de Kozan

Will Hahn

Travis Morock

Sarah Papantonio

Andrew Spencer

Mikaela Ziko

News from the Clerk of the Circuit Court and Comptroller Pam

Childers

Clerk’s Legislative Update

There were 1,828 bills introduced in the Florida Legislature in 2023, of which 365 passed both the House and Senate. This article provides an overview of legislation, signed into law by the Governor, which may affect your practice, the courts, and the Clerk.

Senate Bill 376

First up is Senate Bill 376, concerning the confidentiality of criminal justice records. Currently, section 943.0595 of the Florida Statutes provides for the automatic sealing of certain criminal history records held by the Florida Department of Law Enforcement. As an example, the statute currently provides for the automatic sealing of certain criminal records when the prosecutor or court dismisses a charging document. Senate Bill 376 expands this ‘automatic sealing’ by making related court records confidential and exempt from Florida’s Public Records Laws.

Despite the change to statute, the new law will not yet affect court records held by the Clerk. Clerks, when acting under powers derived from Article V of the Florida Constitution, serve an arm of the judicial branch and subject to oversight and control of the Florida Supreme Court, rather than the legislative branch. Times Pub. Co. v. Ake, 660 So. 2d 255 (Fla. 1995). This separation of powers prevents state statutes from affecting the accessibility of court records, unless those statutes are adopted by the judicial branch. It is now up to the Florida Supreme Court to adopt all, part, or none of the statute into the court rules. If the judicial branch adopts the new confidentiality provision in 943.0595, it will likely be contained within rule 2.420 of the Florida Rules of General Practice and Judicial Administration.

House Bill 977

Next is House Bill 977, providing much needed relief to the Clerk’s court budget. Funding for the Clerk is heavily dependent upon revenues from fines, court costs, service charges, and traffic citations. Clerks must, by statute, assess and collect financial obligations in criminal and civil cases.

State statutes then require disbursement of those collections to Florida’s General Revenue Fund to finance state government. This has contributed to a decade of nearly stagnant budgets for clerks of court statewide. House Bill 977 helps to correct this issue by allowing retention of some revenue locally, rather than transmission of the collections to Florida’s General Revenue Fund.

House Bill 1419

This bill focuses on real property fraud by requiring clerks to create a service by July 1, 2024 where registrants can receive notification when instruments are recorded in the Official Records. This recording activity notification, often referred to as a fraud alert service, provides an early warning to enable an early response to fraudulent recordings in the Official Records. The bill also requires the Clerk to provide a form complaint to quiet title based upon a fraudulent attempted conveyance.

The Clerk currently offers a Property Fraud Alert service to monitor the Official Records in Escambia County for recording activity. To sign up, simply navigate to escambiaclerk.com and type “Property Fraud” into the search box. To round out compliance with the new statute, the Clerk, starting July 1, 2023, will have a form available to initiate a cause of action for quiet title based upon a fraudulent attempted conveyance.

Senate Bill 232

This new law does two things through its amendment of chapters 817 and 825. First, under chapter 817, the law now specifies conditions under which a person commits the crime of exploitation of a person 65 years of age or older. Exploitation of a person 65 years of age or older is a felony. Second, the victim of such crime is now included in the definition of vulnerable adult in chapter 825. This second change expands those who may seek an injunction for protection of vulnerable adult.

To refresh your recollection, in 2018, the Legislature created a new cause of action for an injunction to protect against the exploitation of a vulnerable adult. Similar to injunctions for domestic violence, the clerk has a statutory duty to provide forms, assist the petitioner, and ensure privacy while completing the petition. Senate Bill 232 increases the protections for vulnerable adults by expanding the definition of who may petition for such an injunction.

House Bill 67

Finally, adding needed protection for court staff, this bill makes it a crime to threaten a justice, judicial assistant, clerk of court, court personnel or the family member of any such person. Such an act is a misdemeanor of the first degree if made knowingly and willingly.

In conclusion, this article covers just a few of the new laws passed this legislative session. For a comprehensive list of general and special laws enacted by the Florida Legislature, go to laws.flrules.org.

Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller

News from the Court

Chief Judge miller

Of the many lessons learned from the COVID-19 pandemic, one of the most significant and enduring has been the importance of using technology wisely to provide timely and efficient access to the courts. I am pleased to say that the First Judicial Circuit is continuing to build on the technological progress we have made in the last few years. Our circuit will soon become the first in Florida to implement a cloud-based digital evidence management system. This new program will ultimately make the sharing, presentation, and maintenance of evidence easier for the court, partner agencies, legal community, and pro se litigants.

A cloud-based digital evidence management system provides an online solution for the standard submission, management, and storage of exhibits in trial courts. This system also provides sharing and presentation of evidence between the parties, both in the courtroom and in remote hearings, saving significant time and money. It is hoped this transformation will allow us to avoid many of the limitations typically associated with conventional methods of handling evidence, such as e-mail and physical paper. Other states, including Arizona, Texas, California, New Hampshire, and Indiana, are already embracing this technology with great success.

Like our well-utilized Florida Courts

E-Filing Portal, this new system will provide a convenient, 24/7 online hub to upload, review, and manage exhibits among judges, attorneys, clerks, and pro se litigants. Everyone associated with a case will be able to organize, share, and present all types of evidence, including PDF and Word documents, audio, video, and photographs, in one secure and accessible location. Access to the system will be invitation-only and permission-based.

The current practice of printing voluminous documents, physically delivering them, and then re-scanning the hard copies into electronic form, is laborious, and a reality for attorneys and clerks in the First Judicial Circuit. With the introduction of the new system, this cumbersome procedure can be replaced with a straightforward upload of materials, simplifying the management of evidence, and turning it into an efficient paperless process. This initiative also complements our recent transition to Zoom remote hearings and promises to offer significant advantages to pro se litigants. With just a smartphone, self-represented individuals will be able to upload documents, text messages, pictures, and videos in a uniform manner and eliminate the need for a computer and scanner or for hand delivering or emailing exhibits to the court or the opposing side. We are mindful that this is a sizeable

transition, both for the court and our partners. Therefore, we plan to implement this system gradually and thoughtfully, starting with a pilot program for Escambia family law cases in July 2023. We will then extend the family law digital process to Santa Rosa, Okaloosa, and Walton counties, before eventually incorporating more case types. Civil cases will likely be the next step.

In the end, we hope to establish a uniform standard for submitting proposed exhibits across the First Judicial Circuit and improve the overall efficiency of the court system. In the coming months, we will provide training via live Zoom sessions, supplemented by online videos and documentation, and I urge you to include your office staff and paralegals in this training, as their support is vital for a successful transition to digital evidence. Additional information and training dates will be communicated through the Escambia Santa Rosa Bar Association.

I truly appreciate your cooperation during this transformative phase and eagerly anticipate a judicial process that is more efficient, accessible, and user-friendly for all parties involved. As always, I welcome your comments and input on this project, as well as any other, and wish you all a safe and pleasant summer.

FROM BYTES TO BRIEFS: Chat GPT Empowers Florida Lawyers with AI-Powered Legal Solutions

By Stephen Hayward and Open AI

As the legal industry grapples with the implications of artificial intelligence (AI), it becomes increasingly crucial for attorneys to understand and adapt to the transformative potential of these technologies. In an effort to shed light on the topic, this article was created through a collaborative process between myself and the advanced language model GPT-4.

As the legal industry grapples with the implications of artificial intelligence (AI), it becomes increasingly crucial for attorneys to understand and adapt to the transformative potential of these technologies. In an effort to shed light on the topic, this article was created through a collaborative process between myself and the advanced language model GPT-4.

The purpose of this article is to present a comprehensive analysis of the question, “Should practicing attorneys fear the rise of ChatGPT and artificial intelligence?” I sought to provide a balanced analysis of the pros and cons of integrating Artificial Intelligence into the law office. It should be noted, much of this article was AI generated, with human direction. Personally, the activity was eye-opening and expansive, and would highly

recommend it to everyone interested in the potential impacts of AI on their daily life.

To ensure the accuracy and depth of the information presented, the article draws upon a combination of real-world examples, scholarly research, logic, and the knowledge and capabilities of GPT-4. Through the iterative process of questioning, refining, and expanding, we aimed to create a thoughtful and informative piece that addresses key concerns faced by attorneys in an everevolving legal landscape.

Throughout the discussion, we explored various use cases for GPT-4 in the legal industry, including legal research, document drafting, and client communication. We also delved into the historical context of chatbots and AI in

the legal field, considering the reactions of lawyers to previous technological advancements such as computers and the internet.

It is important to note that while GPT-4 has provided valuable insights and assistance in generating the content of this article, human oversight and critical analysis were employed to ensure accuracy, and readability, and sound reasoning.

We hope this collaborative effort between a human writer and AI serves as a valuable resource, providing attorneys with increased knowledge, insights, and a deeper understanding of the potential benefits and challenges associated with the integration of AI, specifically GPT-4, in the legal profession.

Introduction:

As the legal industry continues to embrace technological advancements, the integration of GPT-4, an advanced language model developed by OpenAI, holds immense promise for attorneys. With its ability to process vast amounts of information and generate humanlike responses, GPT-4 presents new possibilities in legal research, document drafting, and client communication. In this article, we will explore the potential use cases of GPT-4 in the legal industry, examine the historical progression of chatbots and AI, and provide realworld examples of how AI can be employed to create legal documents. By understanding these developments, attorneys can navigate this new frontier with confidence and innovation.

Exploring the Potential Use Cases for GPT-4 in the Legal Industry: Legal Research and Case Analysis:

GPT-4’s capabilities in processing extensive legal information swiftly and accurately make it a valuable tool for legal research and case analysis. Attorneys can leverage GPT-4 to conduct comprehensive searches of case law, statutes, and legal opinions, saving significant time and effort. Additionally, GPT-4’s data processing abilities enable enhanced case analysis, predictive modeling, and identification of patterns that may aid in predicting legal outcomes.

Document Drafting and Review:

Automating routine legal document creation is another area where GPT-4 can shine. By feeding GPT-4 with predefined parameters, attorneys can generate accurate contract templates, leases, wills, and more. The language generation capabilities of GPT-4 can also be utilized to draft customized legal correspondence and client communications, ensuring consistency, accuracy, and efficiency. Moreover, GPT-4 can contribute to document

review processes by identifying potential errors, inconsistencies, and omissions, further streamlining the legal workflow. Client Services and

Legal Advice:

GPT-4 opens the door to innovative approaches in client services and legal advice. AI-powered chatbots can provide basic legal advice, answer frequently asked questions, and offer initial consultations. This empowers individuals to obtain preliminary guidance before seeking full legal representation. Additionally, GPT-4 can support selfhelp legal tools, enabling individuals to navigate legal processes independently. The integration of AI in client services allows for quick and accurate responses, improving accessibility and expanding the reach of legal services.

The History of Chatbots and AI in the Legal Industry:

To understand the significance of GPT-4 in the legal industry, we must look back at the evolution of chatbots and AI. Over the past decades, advancements in technology have reshaped the legal profession. From the emergence of basic chatbots to sophisticated AI applications, attorneys have gradually embraced technology to enhance their practices. Initial concerns about technology replacing human expertise have given way to a realization that technology can be a valuable complement, improving efficiency and expanding access to legal services.

Real-World Examples of AIAssisted Legal Document Creation:

One practical application of GPT-4 is in contract generation. By inputting specific parameters, such as parties’ names, obligations, and terms, GPT-4 can generate accurate contract templates tailored to the specific requirements of the situation. Industries such as real estate, e-commerce, and freelancing platforms are already benefiting from AI-powered contract generation, significantly reducing time and costs associated with drafting contracts from

scratch.

In addition to contract generation, GPT-4 can assist in crafting professional and legally sound letters and emails for various purposes. Whether it is a demand letter, cease-and-desist notice, or client communication, GPT-4 can analyze the desired tone, content, and legal principles involved, producing coherent and effective correspondence. This streamlines communication processes and ensures consistency in legal communications.

Legal Ramifications and Ethical Considerations:

While the integration of GPT-4 presents exciting possibilities, it is crucial to address the legal and ethical implications. Attorneys must maintain professional supervision and accountability when utilizing AI tools. Human oversight is vital to ensure the accuracy and appropriateness of AI-generated legal advice, and attorneys must exercise critical thinking to validate AI-generated information. Moreover, the duty of competence requires attorneys to possess an understanding of AI’s limitations and actively engage in ongoing professional development.

Conclusion:

As attorneys venture into the new frontier of GPT-4 and AI in the legal industry, embracing the potential use cases and understanding their limitations is paramount. GPT-4’s capabilities in legal research, document drafting, and client communication have the potential to revolutionize legal practice, saving time, enhancing efficiency, and expanding access to justice. By combining human expertise with AI tools like GPT-4, attorneys can navigate this transformative landscape while upholding their ethical responsibilities and providing highquality legal services to their clients. The integration of GPT-4 marks an exciting chapter in the legal profession, and it is essential for attorneys to adapt, innovate, and lead in this new era.

Young Lawyer’s Division

by michelle Nguyen, YLD President

What a year it has been for the Young Lawyers Division! I am happy to report that this past year, the YLD has been able to put on events that allow members to make community connections, strengthen relationships with other members and be involved with different charitable causes. Over this past year the YLD hosted a panel event for members to gain insight from seasoned attorneys and judges, filled backpacks with nutritious food for hungry children through Feeding the Gulf Coast, shopped for children through Operation Santa, wrapped gift boxes and filled them for The Birthday Party, organized items for Gulf Coast Kids House, and connected with other young professionals in our community outside of law through a joint networking event with Pensacola Young Professionals.

Additionally, in this most recent quarter, the YLD had a happy hour in April, sponsored by Beggs & Lane. Members were able to check out another local bar, this time - The Old Hickory Whiskey Bar. Members always enjoy coming out to the YLD happy hours as they enjoy making new connections and catching up with colleagues in a casual environment. Members were also enjoyed having special guest, Iris Elijah, President of the Florida Young Lawyers Division present at the happy hour.

In May, the YLD collaborated with Escambia County Teen Court and hosted a panel event for aspiring lawyers in the local community. Our panel of young lawyers from different legal practice areas spoke to local students about the practice of law, tips for resume building, and provided insight on the law school process. As several of our members have volunteered this past year with Escambia County Teen Court, it was natural to incorporate them with the YLD’s first ever panel event for high school students.

In June, YLD had another happy hour at Perfect Plain. This happy hour was special because members were encouraged to invite law clerks working in Pensacola. Inviting law clerks to the YLD events will allow future members to get plugged into the YLD early and provide insight into the connections they will make and opportunities they will find when joining as members. We are excited to put on more

events this summer that will also include fostering the relationship we have with the future attorneys of our community.

As my term as YLD President comes to an end, I want to say how grateful I am for the opportunity to have been able to lead the ESRBA Young Lawyers Division this past year. I want to give a special thanks to my board: Brooke DiSalvo (Vice President), Logan Sliva (Treasurer), Alex Messmore (Secretary), Andrew Spencer (Past President), Mitchell DeKozan, William Hahn, Travis Morock, Sara Papantonio, and Mikaela Ziko. This year would not have been a success without each and every single one of you.

I am excited to see the YLD continue to grow and all the amazing opportunities that will be provided for members this upcoming year with the upcoming board, led by President, Brooke DiSalvo and Vice President, Alex Messmore.

Law Week 2023

by Jeff Nall

The Escambia-Santa Rosa Bar Association welcomed its members and the judiciary April 29 through May 5 for Law Week 2023 as well as a new presenting sponsor, Atlas Financial Strategies. It was a pleasure to have Andrew Martin, founder and president of Atlas Financial Strategies, and the Atlas team on board this year.

The theme selected by the American Bar Association (ABA) for Law Day 2023, “Cornerstones of Democracy: Civics, Civility, and Collaboration,” was adopted for the week-long local commemoration. As described on the ABA website, “The Constitution is a dynamic document, as it not only outlines a blueprint for government, but also delegates power, articulates rights, and offers mechanisms for change.”

Lawyers Division and the Northwest Florida Chapter of the American Board of Trial Advocates, was both well-attended and well-received by ESRBA, YLD and ABOTA members, the judiciary and guests alike. The evening event was held in the private Governor’s Room at Jackson’s Steakhouse. We thank the Young Lawyers Division and the Northwest Florida Chapter of the American Board of Trial Advocates for providing such a wonderful opportunity for mingling and networking in an informal after-hours social setting.

The Law Week Luncheon, co-sponsored by Aaron Erskine and Zarzaur Law, P.A., closed out the celebration. The event, held at Heritage Hall, featured a panel discussion surrounding the theme for 2023, “Cornerstones of Democracy: Civics, Civility, and Collaboration.” The

Also at the event, the 202e Liberty Bell Award was posthumously awarded to Sheldon Bernau, longtime board member of the Bar Foundation and friend of the association. The Liberty Bell Award is presented annually to recognize community service that has strengthened the American system of freedom under law and to accord public recognition to men and women, particularly non-lawyers, for outstanding service. The award was accepted by his wife, Lisa, and children, Diana and Benjamin. It was an honor to have Sheldon’s family, friends and colleagues join us for the well-deserved tribute. Additionally, the Northwest Florida Paralegal Association announced the winners of its theme-related high school essay contest at the luncheon. The winner was Riley Perantoni from Gulf Breeze High School. Tyler Carach from

Need a Lawyer?

It is always a good idea to check with a lawyer before you make an important decision—whether you are buying a house, making a business deal, or settling a dispute. A short talk with a lawyer often tells you all you need to know—how serious a problem is, how to handle it swiftly and how to make sure it is settled for good.

Get Answers to Legal Questions Such As...

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• Consumer Problems

• Landlord/Tenant Relations

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With over 50 participating local attorneys experienced in many different areas of law, we can help you find an attorney to handle your case.

Your call is free. When you meet with your lawyer, there will be a small fee of $40.00 for the first half-hour consultation. Fees for additional services after the first half-hour are arranged between you and your lawyer.

We do not have attorneys who accept pro bono or contingency cases.

2023 Law Week Essay Contest

Law Day Contest Winners:

1st Place - Riley Perantoni (Gulf Breeze High School)

2nd Place - Tyler Carach (Northview High School)

3rd Place - Whitney Bouk (Gulf Breeze High School)

The 2023 Law Week Essay Prompt:

Discourse is a cornerstone of democracy. Participating in civic discussion assists people in increasing political knowledge and efficacy. The marketplace of ideas is an essential part of American democracy. Technology and social media have promoted a surge in discourse around civics and political affairs. A growing concern around discourse on social media include its potential threat to democracy, promotion of terroristic content through algorithms, and the increasing polarization of society which arguably has and may very well lead to social conflict and violence. Section 230 of the Communications Decency Act protects social media

companies from being responsible for users’ comments and posts while also granting them the power to decide what should be removed and what should be allowed to stay up. What responsibility, if any, do social media companies bear in promoting freedom of speech while encouraging civil discourse and limiting certain content in the name of public safety? In your answer, consider the many cases being considered by the courts in our country today and discuss where the line of responsibility should be drawn to ensure that civics, civility, and collaboration are prominent features of social media discourse.

By Riley Perantoni, Gulf Breeze High School

INTRODUCTION

The digital age poses many questions to us as independent citizens: to what degree the platforms we use may monitor us, profit from us, and most importantly, regulate speech upon us? In service to this last critical question, the avenues by which major social media companies (Facebook, TikTok, Instagram, Twitter, and YouTube) may restrict our speech should be solely confined to halting illegal actions and upholding the safety of users from threats and direct attacks. Otherwise, major social media companies should not, in any capacity, restrict the political opinions or otheiwise protected free speech individuals would carry as if they were speaking in a town square.

A TRIP TO THE SQUARE

Before we take a trip to our local town square, we need a couple of items. First, we need a goal. What are we going to speak about? Don’t worry, it can be about anything -- the helpful First Amendment to the United States Constitution protects the Government from “abridging the freedom of speech”1 of any citizen of the United States. Next, we need to understand who owns the town square. In this case, it is owned by a “common carrier”otherwise known as any entity that offers some service for the general public, whether at cost or otherwise, which is uniform to every individual who uses the service.2 Once we have these two essential things, we can be off towards our town square, ready to speak about whatever ails our mind.

Unless under extremely specific circumstances, this endeavor would go on without a hitch. Yet, let’s replace a couple of words, and refonnat this into the context of sending out a Tweet or a comment on a post; suddenly, for whatever reason, our voices now switch from being universally protected to being able to be deleted, and we are punished for saying our opinion.

Why is this? It revolves around the power that social media companies hold over the online space as some of the newest “common carriers” in the market. To get to the root of establishing our true freedoms of speech on1ine, making sure that we know on1ine forums are the equals to a town square is paramount. Then we must

solidify that social media companies refraining from restricting our speech is not forcing them to accept the speech; rather, it is preventing online discrimination based on political opinions. Only after these two keys turn the lock to our minds, can we endeavor to guarantee online speech shall not be abridged.

NOW, IS SOCIAL MEDIA REALLY A “COMMON CARRIER”?

To answer this question, we need to look at two differing cases – NetChoice v. Florida and NetChoice v. Texas. These two cases involve laws passed in Florida and Texas, which bar social media sites from “deplatforming” or “banning” accounts based on their political opinions. 3 4 However, both of these

laws were blocked by higher courts with challenges to the idea that these social media sites are common carriers. In the opposition of granting common carrier status to these social media sites, two points arise: contention to their status as a monopoly (which common carriers usually are) and the belief corporations shouldn’t have to post views they disagree with on their “property”.5 These views are promulgated by Ilya Somin, who contends that the results of these two things being ignored would cause less civil engagement as websites would begin to shut down instead of being forced to publish beliefs they vehemently disagree with. To the latter, I must first ask, how many of these major media sources actually publish their own political viewpoints?

Let’s break the sites down one by one. YouTube’s dedication to the political sphere is next to none; their own channel revolves around inviting on new YouTubers to explain their content, possibly with an acquisition deal. Twitter’s new management under Elon Musk does brief political callouts for mildly contentious topics, yet has absolutely no issue with keeping on viewpoints from various political spectrums

at full blast. Facebook and lnstagram also focuses more on posting content updates rather than marring itself in the political sphere, showcasing they too have no longstanding publication or opinions on their “property,,. Finally, TikTok matches up closely with YouTube’s channel strategy, shying away from contentious political topics as well.

All of the major media companies, then, can be clearly shown to not utilize their properties for posting their own political views, unlike sources Somin compares them to (such as the Times or Fox News). If they don’t use their own platfonns for posting political standings, then I find it difficult to reason as to how they are publishing things they disagree with -- or anything at all for that matter -- and are instead simply maintaining a virtual meeting place, roundtable, or town square for profit. Overall, Somin,s point comparing social media companies and a newspaper is a faulty one, allowing us to think for a minute as to why these social media companies need to ban any account based on their opinions if they, themselves, do not want to influence their brand to become a hub for a certain

political opinion.

To Somin’s fonner point, I can see the argument behind the fact that these social media giants are not complete monopolies - they most certainly have avid competition - but I do not see why the rules of the common carrier cannot still be applied to an oligopoly, which is when a few companies control the entire market. Consider that Facebook and Instagram are both owned by their parent company Meta, which has billions of monthly users as of January 2023.6 Numbers from TikTok and YouTube are in the general ballpark with Facebook and Instagram, with Twitter being d1e lowest at around half a billion monthly users6• This domination by the top 5 regarding reaching out to people is still a very universal medium for people to discuss and communicate on, concentrating influence of more than a fourth of people within the world.

Additionally, most common carriers, like railways, are actually oligopolies, with massive companies owning large swathes of railways, providing services universally for every participant.

Considering the similarities between the two, a similarity should be construed, especially

when you realize the small number of requirements (simply an email in some cases, and an age requirement) to sign up for social media. Overall, by definition, these major media corporations seem very alike to not only traditional common carriers but also stand very different from the idea that their platfonns are akin to newspapers or traditionally published media.

Without question, barring individuals from the rights afforded to them by participating in common carriers is critical; regardless of whether the shareholders, executives, or staff of a company disagree with a political point, it must be protected. Under no circumstance should our freedoms be restricted, and social media must be treated as if we were taking a trip down to our local town square; of course, a speaker at the square may completely disagree with you, but the first step should be to recognize that and endeavor to debate, not to silence. For, as General Patton once said, “If everyone is thinking alike, then someone isn’t thinking.”

1 US Const, amend. 1

2 “Common Carrier,” LIi / Legal Information Institute CNex Definition Team, June 2021), https://www.law.comel1.edu/wex common_carrier.

3 N. Leg. 2021 Fla. S.B. 7072 § 1 (2021)

4 Tex. H.B. 20, 87th Leg., R.S., § 1 (2021)

5 Ilya Somin, “The Case against Imposing Common Carrier Restrictions on Social Media Sites,” Reason.com, July 8, 2021, https://reason.com/volokh/2021/07/08/the-case-against-imposing-common-carrier-restrictions-on-social-media-sites/.

6 S Dixon, “Global Social Networks Ranked by Number of Users 2022,” Statista, February 14, 2023, https://www.statista.com/ statistics/272014/global-social-networks-ranked-by-number-of-users/.