Daily Record FINANCIAL NEWS &
MONDAY, SEPTEMBER 26, 2016
Vol. 103, No. 226 • Two SecTioNS
Aubrey Edge, a founder of Daily’s
Growing on daily basis
Edge committed to business and community
CONTINUED ON
PAGE A-6
Photos by Fran Ruchalski
By Karen Brune Mathis, Managing Editor
SUCCESS
www.jaxdailyrecord.com
Deal expands J&J vision products
First Coast suCCess: aubrey edge
You see them all over town, and soon you will see the name on the new amphitheater and flex field at EverBank Field, home of the Jacksonville Jaguars. The name is Daily’s, which is a brand of Jacksonville-based First Coast Energy, which operates more than 200 Shell stations in Florida and North Carolina. Of those, 33 are Daily’s and two more will open this year. First Coast Energy will sponsor the amphitheater and flex field as Daily’s Place. Aubrey Edge, 50, is president of First Coast Energy L.L.P. and its predecessor, Petro Distributing Inc., which was created in 1994. Revenue now exceeds $1 billion and its workforce tops 1,000 employees. In 2004, Edge and his partners branded the Daily’s concept, whose motto is, “It’s nicer here.”
35¢
Johnson & Johnson is expanding its Jacksonville-based eye care products unit with a major acquisition. The medical products giant announced a $4.3 billion agreement to buy Abbott Medical Optics, a deal that adds $1.1 billion in annual sales and three ophthalmic products to its Johnson & Johnson Vision Care Inc. division. Before this expansion, J&J Vision Care has been a contact lens company that produced $1.3 billion in sales in the first half of this year. The acquisition of the Abbott Laboratories subsidiary will expand the business with products in cataract surgery, laser refractive surgery and consumer eye health. “Eye health is one of the largest, McEvoy fastest growing and most underserved segments in health care today,” said Johnson & Johnson Group Chairman Ashley McEvoy in a news release. “With the acquisition of Abbott Medical Optics’ strong and differentiated surgical ophthalmic portfolio, coupled with our world-leading Acuvue contact lens business, we will become a more broad-based leader in vision care,” she said. J&J Vision Care spokeswoman Angela Sekston said it’s too early to speculate if the deal will have an impact on the division’s
Edge orders lunch at a Daily’s Dash self-service station in San Marco.
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Fussell has had successes, challenges during term
By David Chapman Staff Writer Ronnie Fussell has had some successes since he was elected Duval County clerk of courts in 2012. His office was one of the first in the state to comply with a Florida Supreme Court mandate requiring full public access to electronic court records. He secured free juror parking in a garage across the street from the Duval County Courthouse, eliminating the need for a cumbersome shuttle service.
Public UBLIC
The Downtown and Beaches offices added passport services that processed 4,000 applications and is expected to bring in $115,000 this fiscal year. And an amnesty program, “Operation Green Light,” in April 2015 accounted for nearly 2,300 cases being paid in full and 355 driver’s licenses reinstated with another 633 made eligible. The daylong event for traffic tickets and criminal fines waived a 40 percent surcharge on fees, which encouraged people to pay down the backlog. In all, more than $513,000 was
legal LEGAL NoTiceS NOTICES begiN BEGIN oN ON Page PAGE
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brought in and distributed among the city and state programs. Fussell has had a couple of challenges, too. The office’s initial compliance with the Supreme Court mandate in July 2015 drew complaints from some area attorneys who couldn’t immediately access files because they had not been screened to redact sensitive information. The goal is to allow the public similar access as attorneys, but the initial backlog frustrated many attorneys who were used to the immediate access as the standard. FUSSELL CONTINUED ON PAGE A-11
Photo by David Chapman
Opponent says she would reinstate same-sex weddings
Duval County Clerk of Courts Ronnie Fussell seeks re-election in November. He faces Democrat Paula Bartlett.
PubliShed UBLISHED
for FOR
27,026 26,975
coNSecuTiVe CONSECUTIVE weekdayS WEEKDAYS
Page A-2 • Monday, September 26, 2016 • Financial News & Daily Record
What would you like to see more of in Downtown Jacksonville? Businesses
Entertainment/restaurants
Police officers
Residences
Log on to www.jaxdailyrecord.com and vote!
Photos by David Chapman
*The results will be published each Wednesday for the prior week poll. The voting closes Sunday at midnight.
Mary Heckler couldn’t hide her excitement on her swearing-in day and for shaking hands with 4th Judicial Circuit Chief Judge Mark Mahon following the ceremony Thursday. Heckler graduated from Stetson College of Law.
Dozens of new lawyers take oath to start career
By David Chapman Staff Writer
Dara Vick was stressed Monday morning. Excited, but stressed. After more than three years of law school, all the prep work and studying, it was finally almost time to find out: Did she pass The Florida Bar exam? Across the state, many others were feeling the same way and asking the same question about their own future. Vick was on the phone with her father at 9:06 a.m. when he said he saw the Florida Supreme Court’s Facebook page announced that results were in. He wanted her to look for herself. Vick logged on and quickly found her number. After a little hesitancy, she slid the page to the right where she found the answer she hoped to see. She passed. All that stress and anxiety whooshed from her body, she said, leaving just happiness. On Thursday, Vick was among more than 40 others who also found out good news just days earlier. Not for a case or hearing. This was just for them, their day to celebrate becoming an attorney and being sworn in. There will be plenty of hard work later, as many of the event’s speakers told them. The July Florida Bar exam had 2,421 test-takers with 1,650 passing, good for a 68 percent success rate. Locally, 83 of Florida Coastal
TUESDAY, SEPT. 27
FRIDAY, SEPT. 30
OneBlood blood drive
$5 Friday
Downtown “Top to Bottom” Walking Tour
Jacksonville Home & Patio Show
10 a.m.-3 p.m. Veterans Memorial Arena Jaxevents.com
10 a.m.-8 p.m. Museum of Science & History Themosh.org
10 a.m. Jacksonville Landing Adlibtours.com
11 a.m.-9 p.m. Prime Osborn Convention Center Jacksonvillehomeshow.com
Toddler Tuesday
Magic class
11 a.m.-noon Hemming Park Hemmingpark.org
4-5 p.m. Hemming Park Hemmingpark.org
WEDNESDAY, SEPT. 28
Friday Night Live
Jacksonville Armada FC vs. FC Edmonton
7-10 p.m. Hemming Park Hemmingpark.org
6:30 p.m. Baseball Grounds of Jacksonville Armadafc.com
Cosmic Concerts
Museum of Science & History 7 p.m. Themosh.org
THURSDAY, SEPT. 29 Downtown Arts & Culture Tour
Jonny Lang
10 a.m. Jacksonville Landing Adlibtours.com
Efi Bottner captures a digital memory of his son, Stav Bottner, who graduated from Florida Coastal School of Law.
RESULTS OF FLORIDA BAR EXAM FROM JULY Number Number Percent School taking passing passing Florida International University College of Law 112 98 87.5 University of Miami School of Law 247 199 80.6 Stetson University College of Law 205 165 80.5 Florida State University College of Law 151 119 78.8 University of Florida College of Law 266 209 78.6 Admitted to the practice of law 267 184 68.9 Ave Maria School of Law 36 24 66.7 Non-Florida law schools 413 269 65.1 Nova Southeastern University College of Law 189 119 63 Florida A&M College of Law 68 36 52.9 Florida Coastal School of Law 160 83 51.9 Barry University School of Law 153 75 49 St. Thomas University College of Law 154 70 45.5
School of Law’s 160 participants passed for an almost 52 percent success rate. Vick was one of those on the stand Thursday, hand raised and
reciting the oath. She did it. dchapman@jaxdailyrecord.com (904) 356-2466
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THE BAR BULLETIN • Monday, September 26, 2016 • Financial News & Daily Record • Page A-3
PROTECTING RIGHTS • PURSUING JUSTICE PROMOTING PROFESSIONALISM
Trends against life sentences for kids 17 STATES HAVE BANNED LIFE TERMS WITHOUT PAROLE New report shows states eliminating life term as option
KEY DECISIONS Graham v. Florida The case: Terrance J. Graham of Jacksonville was 16 when he was convicted in 2003 for armed burglary and attempted armed robbery. He served one year. Six months later, Graham was arrested for armed home robbery and, in 2006, sentenced to life without parole.
VERMONT
By Brian Coughlin Litigation Section Chair Ours is the only country in the world where children serve life in prison. The number of states that ban life sentences for children has tripled in the last five years, however, as noted in a new report published by the Campaign for the Fair Sentencing of Youth (CFSY). The report asserts this trend is due to growing recognition that decency demands children not be sentenced to die in prison, even for the most harmful offenses. Since 2013, three states per year have eliminated life sentences as a sentencing option for children. The total number of states banning life sentences is now 17. The quick legislative reforms were triggered in large part by a 2010 Jacksonville case, Graham v. Florida. In Graham, the United States Supreme Court held that the Eighth Amendment disallows sentences of life in prison for children convicted of non-homicide offenses without “some meaningful opportunity” for future release. The court concluded that criminal procedure laws are flawed if they presume juvenile offenders cannot be rehabilitated. Graham was followed by Miller v. Alabama in 2012, which addressed the imposition of life in prison for children convicted of homicide. The Supreme Court did not completely bar life sentences in Miller, but stated that a court must “take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” The CFSY report points out not only the exceptional pace of the recent legislative reforms, but also the diversity. Change has come in every region in the country and from states that span the political spec-
State appeal: Graham’s attorney argued a life sentence without parole for a juvenile constitutes cruel and unusual punishment, which violates the Eighth Amendment. A Florida appellate court disagreed. Federal appeal: In May 2010, the U.S. Supreme Court ruled in a 6-3 decision that life without parole for a juvenile convicted in a non-homicide case violated the cruel and unusual punishment clause of the Eighth Amendment. Resentencing: In February 2012, Graham’s life sentence was reduced to 25 years. He is scheduled to be released in October 2026.
Miller v. Alabama The case: In July 2003, 14-yearold Evan Miller and another suspect were arrested for killing a man by beating him with a baseball bat and leaving him inside a trailer, which was set on fire. Miller was tried and convicted as an adult and sentenced to a mandatory term of life in prison without the possibility of parole.
Federal appeal: Miller’s case before the U.S. Supreme Court had a companion case involving three 14-year-old boys from Arkansas, who were convicted of capital murder and aggravated robbery in July 2003. The case was appealed by one of the defendants on the grounds the sentence was unusual and excessive, which violated his rights under the Eighth and 14th Amendments. In June 2012, the Supreme Court in a 5-4 decision reversed the Alabama and Arkansas rulings and remanded the cases. Resentencing: Miller was scheduled to be resentenced in June, but that was delayed.
Special to the Daily Record
State appeal: Miller sought a new trial, arguing the sentencing constituted cruel and unusual punishment, which violates the Eighth Amendment. The trial judge denied the request and that decision was affirmed by an Alabama appellate court. The Alabama Supreme Court let the lower court’s ruling stand.
CONNECTICUT
DELAWARE
Source: Campaign for the Four Sentencing of Youth
33
States that allow life sentences for some children
17
trum. Red states Utah and Wyoming have passed laws against life sentences for children, as have blue states Connecticut and Delaware. Prosecuting attorneys from Utah and Hawaii also voiced support for the reforms in the CFSY report. The majority of children sentenced to life in prison are concentrated in five states: Florida, California, Michigan, Louisiana and Pennsylvania. Maine, New Mexico and Rhode Island have never imposed a life sentence on a child. Legislation banning life sentences has passed in several states with little to no opposition. In five states, the legislation passed one chamber unanimously. The Nevada law passed through both legislative chambers unanimously. Nevada Assembly Speaker and Republican John Hambrick commented in the CSFY report
States that have banned life sentences for children
5
States where majority of children who receive life sentences are: California, Florida, Louisiana, Michigan and Pennsylvania
that “redemption is a basic tenet of nearly every religion. When we sentence a child to die in prison, we forestall the possibility that he or she can Coughlin change and find redemption.” Florida made legislative changes in 2014, but still allows life sentences for children in some cases. Florida allows life sentences for children who kill, intend to kill or attempt to kill if the sentencing court finds that life imprisonment is an appropriate sentence. For capital felonies, a sentencing court can sentence a child to no less than 40 years in prison. The child may apply for a sentence review after 25 years as long as the child did not have a prior conviction for a serious
felony unconnected to the homicide offense. If the court finds at a review hearing the juvenile has been rehabilitated and is believed to be fit to re-enter society, it may modify the sentence. CFSY is a national coalition that seeks to bring a nationwide end to the practice of sentencing children to die in prison. Executive Director Jody Kent Lavy said, “Sentencing children to die in prison declares them irredeemable, defining their lives based on their worst mistakes. All children — even those convicted of the most serious crimes — are different from adults and should be held accountable for harm they have caused in age-appropriate ways.” With 33 remaining states that allow life sentences for some children, keep an eye on whether the trend continues. Brian Coughlin is a director with The Bedell Firm.
An artist’s drawing of Jacksonville attorney Bryan Gowdy of Creed & Gowdy, at lectern, arguing Graham v. Florida on Nov. 9, 2009, at the U.S. Supreme Court.
J B A B U L L E T I N B OA R D
Page A-4 • Monday, September 26, 2016 • Financial News & Daily Record • THE BAR BULLETIN
Professionalism toolkit for new attorneys
MARK YOUR CALENDAR
Thursday • 11:45 a.m.-2 p.m. • Florida Coastal School of Law,
Transactional Law Section ‘Welcome Back’ happy hour
Room 550
Oct. 6 • 5:30-7:30 p.m.
The River Club, Vue 34 Lounge Kick off the new membership year right. Join the Transactional Law Section for networking, socializing, free hors d’oeuvres and happy hour-priced drinks while watching the sun set over the beautiful St. Johns River from 34 floors up.
YLS Chippin’ in for Charity Oct. 20, Ponte vedra inn & Club, Ocean Course
Golf tournament benefiting Ribault High Future Lawyers program Lunch and registration at noon; shotgun start at 1 p.m. Reception and awards ceremony at 5 p.m. Register at teeitup.golfgenius.com/pages/335568 Details at jaxbar.org
YLS happy hour
Local judges and experienced attorneys will provide practical tips to young attorneys on how to practice law in the 4th Judicial Circuit. Register at jaxbar.org.
Oct. 20 • 5 p.m. the golf tournament) ing (follow
Ponte Vedra Inn & Club Could not take off work to play golf? You can still join the post-event awards ceremony and happy hour.
Member luncheon: Dueling Deans from Florida and Georgia
Courtroom demeanor and presentation of argument Noon-12:45 p.m. Speakers: Duval County Court Judge Pauline Drake, Caroline Emery, Poppy Decunto, Melvina Kamp, Corinne Hodak and Dinkins Grange Interactions with judicial assistants 12:45-1 p.m. Diane Johnson
Oct. 28 • noon
Hyatt Regency Jacksonville Riverfront Registration is open at jaxbar.org
COMMITTEE MEE TIN Friday
Human Rights C ommitt JBA office, Noon ee,
GS
Oct. 4
Professionalism Committ JBA office, Noon ee
Oct. 11
Judicial Relatio ns Comm JBA office, Noon ittee
Ethical and accurate motion practice 1-1:15 p.m Amber Donley and Austin Brown
Interactions with clients 1:30-1:45 p.m. James Boyle, Boyle & Galnor Your reputation, honesty and finding mentors 1:45-2 p.m. Chief Judge Mark Mahon
The five-week season begins Oct. 5, followed by two weeks of playoffs. Games will be Wednesdays at 6 or 7 p.m. at either St. Nicholas Park at 2250 Spring Park Road or Baymeadows Regional Park at 8000 Baymeadows Road E. To register as a team or individual, send your information to Ashlea Edwards at ashlea.edwards@gray-robinson.com by Friday. Contact Ashlea or John Weedon, JWeedon@hinshawlaw.com, with questions about the season.
Jacksonville Bar leadership
President-elect T.A. “Tad” Delegal III Delegal Law Offices, P.A. Treasurer Katie L. Dearing The Dearing Law Firm
Amber Donley
Interactions with opposing counsel (outside of court) 1:15-1:30 p.m. John Leombruno, Arnold Law Firm
Friday is deadline to register for fall kickball
President Geddes D. Anderson Jr. Murphy & Anderson Law
4th Judicial Circuit Chief Judge Mark Mahon
Secretary Lee D. Wedekind III Nelson, Mullins, Riley & Scarborough, LLP YLS president Christian P. George, Akerman Executive director Susan Waller Sowards, (904) 399-4486
James Boyle
Poppy Decunto
John Leombruno
DO BUSINESS WITH OUR SPONSORS
DIAMOND
SiLveR
GOLD PaRTiCiPaTing
Board of Governors members Fraz Ahmed Charles H. Jimerson The Law Offices of Eric S. Block Jimerson & Cobb Michelle Bedoya Barnett Alexander DeGance Barnett
Blane McCarthy Blane McCarthy
Michael I. Bateh Office of the Public Defender
Michael F. Orr Dawson | Orr
Elizabeth B. Ferguson Boyd & Jenerette
Lindsay L. Tygart Edwards & Ragatz
Editorial committee
Editor-in-chief Cynthia Trimmer Driver, McAfee, Peek & Hawthorne Jessica Mathis Ford Miller & Wainer Adina Pollan Pollan Legal
Editors Ariane J. Smith Smith, Gambrell & Russell Iana Benjamin Darlington Jordan Law, P.A.
THE BAR BULLETIN • Monday, September 26, 2016 • Financial News & Daily Record • Page A-5
Lawyers get to share great news By Kathy Para The JBA Pro Bono Committee chair Alessandro Apolito is a regular volunteer at the quarterly Jacksonville Bar Association Ask-A-Lawyer events. On Sept. 17, he was the bearer of great news for his first interviewee — a woman asking about a note and mortgage that had been in default since 2007. After the dismissal of a foreclosure action against her, she expected the lender would refile. But it never did. After her husband’s death this year, she again worried the lender would foreclose. But it didn’t happen. Then came the great news from Apolito: The statute of limitations had run out on both the note and the mortgage. As a result, the woman will be able to request a release from the loan documents and no longer have to live in fear of foreclosure. Apolito said the woman is only the second person in his career with whom he’s been able to share that news.
“What great news to be able to deliver to someone,” he said. Another attendee drove from another county, arriving at 7:30 a.m. although the event didn’t start until 9 a.m. “I wanted to do everything I could to ensure that I could speak to an attorney,” the man said. He also received good news. The probate action needed on his grandmother’s estate would be simple to complete and the attorney he spoke with agreed to assist him. Over and over again, the volunteer attorneys received expressions of gratitude and appreciation. “I know what to do now.”
“Things aren’t as bad as I thought.” “What you’re doing here is very important.” Eight attorneys, four law students and two advisory board volunteers gathered to provide brief counsel for 32 people at Florida State College at Jacksonville’s Downtown Apolito campus. Attorneys advised in the areas of family law, probate, guardianship, criminal law, bankruptcy, collections, foreclosure, contracts, real estate, landlord/tenant, immigration and personal injury. Spanish speakers were available to provide translation. In addition to Apolito, attorneys who volunteered were Edith Jones, Carrington Mead, Joe Scone, Andrea Reyes, Karen
Winston, Laura Gapske and Enrique Barquinero. Florida Coastal School of Law students Andrew Reed, Chris Brady, Brian Hart and Ashley Winston provided administrative assistance and observed the consultations. Phyllis Maxwell and Brian Jones, volunteers with Jacksonville Area Legal Aid’s Client Advisory Board, were there to sign in attendees and answer general questions. Attendees may be referred to JALA, the JBA Lawyer Referral Service, Three Rivers Legal Services and/or to a community service agency. The quarterly events are made possible through the collaboration of the JBA, The D.W. Perkins Bar Association, Florida Coastal, JALA and the City Council. The year’s final Ask-A-Lawyer will be 9 a.m. to noon Dec. 3 at the Johnson Family YMCA on Cleveland Road. Attorneys interested in pro bono opportunities should contact Para at kathy.para@ jaxlegalaid.org.
WHAT IS YOUR FAVORITE FOOTBALL TRADITION? JONATHAN J. CAGAN
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Cagan & Cagan PLLC
It’s hard to pick a favorite football tradition, because I love it all, from tailgating until the clock reads 0:00. But, if I had to choose just one, it would be locking arm and arm with my fellow Gators in the Swamp in between the third and fourth quarters and singing ‘We are the Boys from Old Florida.’ It still gives me chills. Akerman LLP
A few years ago, my friend and his brother bought an old school bus that is painted orange and blue and has been fitted with couches, a small kitchen and a back porch. We now take it to Gainesville several times a year. While not the oldest or most sacred of football traditions, it has quickly become one of my favorites.
GrayRobinson, P.A.
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JEFF ROOD
Watching UF vs. FSU with my Gator family on Thanksgiving weekend. Though I’d like to see it in person at least once, it’s a great tradition to watch it at home with everyone there.
Like us on social media @TheJaxBar and facebook.com/jacksonville.bar
Chatting with Graham during book signing
Circuit Judge Tatiana Salvador chats with Bob Graham, a former Florida governor and U.S. senator, after Friday’s Jacksonville Bar Association luncheon. Graham was the keynote speaker, talking civics, politics and his history to a crowd of more than 200. He stayed afterward to sign copies of “America, the Owner’s Manual: Making Government Work For You,” a book he and Chris Hand, next to Graham, wrote in 2009 and recently updated. Hand was press secretary for Graham when he served in the Senate.
Pro Bono Assistance Needed Go to jaxlegalaid.org and click on “Cases Awaiting Placement with Pro Bono Attorneys”
(Cases are identified by Jacksonville Area Legal Aid, Northeast Florida Medical Legal Partnership, Three Rivers Legal Services and the Veterans Legal Collaborative)
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WILL GIBBS
Page A-6 • Monday, September 26, 2016 • Financial News & Daily Record
Success CONTINUED FROM FRONT PAGE
CAREER PATH
NAME, AGE
President and CEO of First Coast Energy since its inception in 1997 1994-97: President of Petro Distributing Inc., a predecessor to First Coast Energy Before 1994: Six years with BP Oil Co., gaining experience in real estate, retail marketing and derivatives pricing/hedging.
Aubrey Edge, 50
POSITION
President and CEO of First Coast Energy
HOMETOWN
Hawkinsville, Ga.
COMMUNITY
• Volunteers as a baseball and flag football coach with his children. • Boards of the St. Vincent’s HealthCare Foundation and GPC (Growing Parenting Choices) and is chair of the National Wholesale Council for Shell Oil Co. • Previously served as chair of the Daily’s The Tradition charitable golf tournament that raises money for the St. Vincent’s Mobile Health Outreach Ministry that provides health care to underprivileged children and families in Northeast Florida.
BEST ADVICE RECEIVED
In life: My parents taught me to rely upon my faith as a foundation for everything else. In business: The secret is that there is no secret. Always learn and try to improve. Everything changes and you must adapt as well.
What sparked that partnership? We’ve had a good relationship with the Jaguars for quite some time, and when Shad Khan came in, he brought a new team with (President) Mark Lamping and (Senior Vice President) Scott Massey and many others. They did a lot of market research in trying to determine who gives great customer service in Jacksonville and the company they kept hearing about was Daily’s. They called me and one thing leads to another and we became a sponsor. More importantly we put the first convenience store inside an NFL stadium (in 2013) and we’re very proud of that. Particularly as a football fan, I’m extremely happy about that one. That’s pretty cool. Daily’s is well-known and that shines the spotlight on you. I’m not sure that it really should shine a spotlight on me. We have the best employees in the industry. Our store managers — and everyone in our management team — really embrace what Daily’s is all about in trying to make a customer experience that’s exceptional and living up to our tagline of “It’s nicer here.” They’re the ones who deserve all the credit. What brought you to Jacksonville? How did you get involved in starting this? We had an opportunity to buy a number of BP stations back in late 1993. We had a couple of partners who were putting that deal together. I came in to run it. It was a lot of work to get a company off the ground from scratch — no operating procedures, no accounting procedures — but you had the operating assets. It’s been nothing but exciting all the way in seeing us grow from that beginning to where we are today. How did you come up with the name Daily’s? There was really no meaning behind it. It was part of a brainstorming session. We had a ton of logos and a ton of names, and we wound up mixing and matching to arrive at Daily’s. It was so comfortable and it really seemed to fit my vision when we developed who we were going to be. Recently we got some feedback from a family who was on a trip and their 7-year-old daughter was saying, “Can we stop at a Daily’s? I’m really hungry, I want to get a sandwich at Dash.” They had to explain, “Well, we’re not in a state that has Daily’s.” She was very disappointed.
Photos by Fran Ruchalski
Sponsoring the amphitheater and flex field will put the Daily’s name front-and-center in the city’s entertainment and sports industry. How did you and your partners decide to do this? We think Daily’s Place is going to be one of the best things to happen to Downtown Jacksonville in a long time and we’re very proud to be a part of it. It’s very innovative. It’s going to be one of a kind, it’s going to be a high-quality product and we think those are things that are all synonymous with Daily’s, so we think it’s a great fit.
Aubrey Edge, a founder of Daily’s, stands on the south side of EverBank Field, overlooking the space that will be the new Daily’s Place — an amphitheater and flex field.
First Coast suCCess: Aubrey Edge The Daily Record interviewed Edge for “First Coast Success,” a regular segment on the awardwinning 89.9 FM flagship First Coast Connect program, hosted by Melissa Ross. These are edited excerpts from the interview. The interview was scheduled for broadcast this morning and will replay at 8 p.m. on the WJCT Arts Channel or at wjct.org/ondemand. Kids are brutally honest, and when they like you, maybe we’re on to something. How did the Daily’s and then the Daily’s Dash fast-casual cafe concept come about? We knew that we wanted to do something special in the convenience store industry and we wanted to develop our own prototype for a convenience store. In 2004, we introduced Daily’s and part of what we had as our underlying premise was to always default to what the customer wants and to have an abiding commitment to quality. We started doing things that were a little different, a little special from what other people were doing at the time. We introduced high-end wines before some others were doing it in the marketplace. We did things like a gluten-free section before it became very popular to do that. We’ve always tried to look and see what would appeal to our customers and try to introduce those products before they asked for them, so that we’re constantly trying to deliver a level of customer service and meeting a level
San Marco store employee Gay Hammitt checks out Edge at the cash register, while manager Maureen Blanchette chats with him.
of expectation that our customers have come to expect from us.
You’ve been expanding Daily’s and a lot of competitors are expanding, too, including Gate Petroleum Co. and RaceTrac. Now Wawa is coming to town. How competitive is this industry? Our industry is very competitive. That could be an understatement, actually. But I think for us at least, the key is to just remain focused on what the customer wants and what the customer is telling us that they want. SUCCESS CONTINUED ON PAGE A-7
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Blane McCarthy jacksonvillemediator.com • 391.0091
A panel mediator with
Monday, September 26, 2016 • Financial News & Daily Record • Page A-7
Success CONTINUED FROM PAGE A-6
EDUCATION
Bachelor of Arts in Political Science from Emory University, 1988.
HOBBIES
Reading and spending time with family.
FAMILY
Wife, Elizabeth; sons Ryan, 18, and Christopher, 12
BIGGEST CAREER SURPRISE
The evolution of Daily’s to becoming the first convenience store in an NFL stadium (in 2013) and now, to be the partner with the Jacksonville Jaguars in Daily’s Place. That’s so exciting and something that I never envisioned when we were starting out.
SPARK OF WISDOM TO SHARE
Nothing replaces hard work. Try to always do what’s right even if it’s the more difficult path, and treat everyone with respect. I read somewhere that most people think that they know everything that they need to know by age 25 and that’s when they stop seeking to learn more. Never stop learning and growing.
ANY DECISION TO TAKE BACK
I don’t believe in regrets. As long as you learn from mistakes, you keep moving forward.
Daily’s has been expanding and growing. Can you talk about your plans? We’re in a pretty high growth mode right now. Not only are we building sites in Jacksonville — we have one under construction now, we have two more planned immediately following that — but we’re also bringing the Daily’s brand into South Florida where we have large a portfolio of sites in Broward and Palm Beach counties. Do you see a nationwide expansion? I’m not sure how far we’ll go, but I will tell you that we are looking to expand within the Southeast. Where did you grow up and what did you want to be when you grew up? I grew up in a small town –– Hawkinsville, Georgia –– very modest beginnings. We had no air conditioning and no TV until I believe 10th grade, but I had a great family life and was very fortunate to do well in school. My parents instilled a good work ethic within me. In fact, one of my favorite quotes is from Thomas Edison who said that “opportunity is missed by most people because it is dressed in overalls and looks like work.” There’s no real substitute for hard work and that led to me getting an opportunity to go to Emory University through scholarship grants because I wouldn’t have been able to afford doing it otherwise. That broadened who I was as a person coming from a small town. I didn’t really have any specific objectives on who I wanted to be when I grew up. I’ve always had a strong faith and felt like you do the right things and work hard then things open up for you. That’s happened for me and I’m very blessed. You and your wife are philanthropic. Talk about what you do within the community. My wife, Elizabeth, is an incredible person and I depend upon her a lot for advice and support. Both of us feel very strongly about giving back within the community and we love to do things around children. We’re very fortunate to have two boys of our own ages 18 and 12 — Ryan and Christopher. With Daily’s we do a lot around children, giving back to the community. We had a situation where we met a family several years back who had a daughter who was 4 years old at the time and had cancer and had come here for proton therapy. We were fortunate to be able to
Photos by Fran Ruchalski
You pay a lot of attention to detail. Is that part of your leadership style? You have to be focused on details, but also have a willingness to change what you’re doing over time and to adapt, and have that constant desire to do things a little better tomorrow than you did today. That creates a healthy energy that reverberates within our company and that’s what helps us be who we are. It helps us be a little more creative and it helps us deliver exceptional customer service, because we have that energy that pervades our culture.
San Marco employee Ti’Ricka Beckham cuts up with Edge by the Dash fast-casual cafe kitchen. Edge says employees with wonderful personalities are part of what sets Daily’s stores apart. help make their stay here just a little nicer, a little better while she was undergoing that treatment. We became great family friends. This young girl had an incredible spirit. Her body’s wracked by cancer and cancer treatment, and yet she was so strong and so special. It made an indelible mark on both of us. We remain friends with that family to this day and unfortunately she died about three years later. We keep her in mind when we’re doing things, whether with PedsCare or The Boselli Foundation or the Jay Fund. At Daily’s, we’re really committed to giving back to the community and Daily’s supports the St. Vincent’s Mobile Health Outreach Ministry. We netted $456,000 last year for that mission. We support more than 25 schools throughout the area. We’re very keen on giving back to Jacksonville. It’s our home and we’re very proud of being a part of the community. What do you do for fun? I try to spend time with my boys mostly and just be a big kid with them as long as they’ll let me. I am an avid reader, but I think there will be time for golf later on when the boys go to college and get away from home, but right now that’s what I like to do.
Edge, 50, is president of First Coast Energy, which owns more than 200 Shell stations in Florida and North Carolina. Thirty-three are Daily’s, with two more scheduled to open this year.
What do you like to read? I like to mix it up, so if you can think of it, I’ve probably read it. I like historical novels, I like history, so I like historical fiction and nonfiction. I enjoy everything from thrillers to action, to even some science fiction. I can read pretty much anything.
my favorite books it would probably be “For Whom the Bell Tolls.” That’s one of the few books I’ve read more than once. I always liked the theme of camaraderie and sacrifice for what’s right that runs through this novel. The title is actually taken from a poem that’s theme is “no man is an island unto himself.” I like that.
Is there a book you’ve read more than once? I like (author Ernest) Hemingway and so if I had to pick one of
Do you have any advice for our community and economic development leaders? I’m not really sure that I’m
qualified to give advice to those guys. I do have a lot of confidence in our leaders. I think that we have a lot of good guys from Mayor (Lenny) Curry, to strong business leaders, to the City Council members that are really trying to do what’s right for Jacksonville. I’m very proud in a small way to be a part of that through the Daily’s Place and the revitalization of Downtown Jacksonville. I think that we have some good leadership right now.
What else would you like to share? We’ve got great growth plans. We’re very committed to this community. Daily’s Place is going to be incredibly exciting and we want to continue doing what we do within the community and as we grow I think that benefits Jacksonville as well. kmathis@jaxdailyrecord.com @MathisKb (904) 356-2466
Page A-8 • Monday, September 26, 2016 • Financial News & Daily Record
LEGAL CALENDAR Strong support for justices, judges Jacksonville Area Legal Aid
(Carter DeWitt, development director, (904) 356-8371, ext. 314 or jaxlegalaid.org)
Jacksonville Women Lawyers Association (Amelia Henderson, president, (904) 359-7793 or ahenderson@smithhulsey. com. Organization website is jwla.org.)
Tuesday: “Empower, Engage, Elevate” CLE with University of Florida law dean Laura Rosenbury, 6-8 p.m. 2165 Park St. Oct. 13: Luncheon, speakers are Linda Lanier and Ginny Myrick on “Nine in 15,” 11:45 a.m.-1 p.m.
Jacksonville Association of Defense Counsel
(Kansas Gooden, president, (904) 3536241)
Northeast Florida Association of Criminal Defense Lawyers (David Willis, president, david@willislucaslaw.com, (904) 333-3363)
Association of Certified e-Discovery Specialists Jacksonville
(Chris Dix, president, cdix@smithhulsey.com or (904) 359-7730)
Nassau County Bar Association
(Brett Steger, president, (904) 225-8885 or bls@neflaw.com)
Jacksonville Chapter of Association of Legal Administrators
(Erin Juzapavicus, president, (904) 3573660, president@alajax.com)
American Board of Trial Advocates Jacksonville Chapter
(Scott Costantino, president, scott@ costantinolawfirm.com)
Legal Marketing Association Southeastern Chapter, Jacksonville City Group (Brook Redmond, president)
Jacksonville Asian American Bar Association
Collaborative Family Law Group of NE Florida
Northeast Florida Chapter of Friends of 440 Scholarship Fund Inc.
Northeast Florida Paralegal Association
(Art Stresing, president, (904) 255-4752 or astresing@pd4.coj.net)
(Holley Akers, (904) 399-8989, or Michael O’Rourke, (904) 398-0811, co-chairs.)
The group meets the first Friday of every month at 4:30 p.m. at The Mudville Grille in the St. Nicholas area.
Federal Bar Association Jacksonville Chapter
(Michael Abel, president. The association’s website is jacksonvillefederalbarassociation.org.)
Christian Legal Society
(Thomas Harper, president, tom@ employmentlaw.com, (904) 396-3000)
Oct. 20: Circuit Court Judge Kevin Blazs, 12:15-1:15 p.m. at Athens Café. Nov. 17: Thomas Harper will speak about The Gideons International, 12:15 p.m. at Moxie Kitchen + Cocktails. Dec. 16: City Rescue Mission annual pro bono project celebration, City Rescue Mission.
Jacksonville Bankruptcy Bar Association
(Katie Fackler, president, (904) 598-8610 or katherine.fackler@akerman.com. The association’s website is jaxbkybar.com.)
Jacksonville Justice Association
(Steve Watrel, president, (904) 7230030. Dan Iracki, vice president, (904) 356-6071. Kelly Karstaedt, executive director, kellykarstaedt@gmail.com)
D.W. Perkins Bar Association (Felicia Wilcox, president, felicia.wilcox@trls.org.)
General body meetings the first Thursday of every month.
Catholic Lawyers Guild
(Stacy Scaldo, president, (904) 680-7641 or sscaldo@fcsl.edu)
“First Friday Mass” at noon the first Friday of every month at Immaculate Conception Chapel.
Jacksonville Beaches Bar Association
(David Willis, president, (904) 270-8707)
Meets the third Thursday of the month at The Wine Bar at 320 N. First St. in Jacksonville Beach.
From floridabar.org
Florida lawyers overwhelmingly recommend the retention of Florida Supreme Court Chief Justice Jorge Labarga and Justices Charles Canady and Ricky Polston, and the 28 district courts of appeal judges up for merit retention on the Nov. 8 ballot, according to results of The Florida Bar’s biennial merit retention judicial poll. Poll results show the three Supreme Court justices gaining an average approval rating of 86.3 percent. The 28 appellate judges received approval ratings from 79 to 92 percent. “Every two years since 1978, Florida’s lawyers have taken part in an effort to help voters understand the merit retention process and guide them as they assess the justices and judges whose names appear on the ballot,” Florida Bar President Bill Schifino said. On its webpage “The Vote’s in Your Court,” floridabar.org/
(Connie J. Byrd, president, (904) 7310990 or connie@lawbyrd.com)
Saturday: Florida Alliance of Paralegal Associations Inc. 2016 seminar, 8 a.m. Topic is the 3 E’s a paralegal needs: Ethics, e-discovery and e-security. Event at Keiser University, 9100 Forum Corporate Parkway, Fort Myers. Contact kathy.para@jaxlegalaid. org for more information. Oct. 14: Courthouse technology seminar, Duval County Courthouse. Register at nefpa.org. Oct. 15: Jacksonville Area Legal Aid advanced directives event, 8:30 a.m., Jacksonville Beach. Contact kathy.para@jaxlegalaid.org for more information.
(Jennifer Heape, president, firstcoastpaf@gmail.com of (904) 483-5386 or Heather Dugan, first vice president, firstcoastpaf@gmail.com or (904) 6301212, ext. 5736)
Thursday: Social, 5:30 p.m., Stonewood Grill, 3282 Baymeadows Road. Oct. 19: “Workhorse Wednesday” lunch, noon at The River Club. Members are $20, non-members are $30. Speaker is Hank Coxe on the subject of “When Will Your Child Be Eligible for Parole?” CLE: 1 hour.
Three Rivers Legal Services
(Chardea Murray, pro bono coordinator, (904) 394-7450 ext. 7205, chardea.murray@trls.org)
Association of Corporate Counsel, North Florida Chapter
(Harvey Granger, president, nfla@accchapters.com, acc.com/chapters/nfl)
This directory includes contact information and news from area legal associations. Submissions should be sent to dchapman@jaxdailyrecord.com with the subject line “Legal Calendar” or faxed to (904) 353-2628. Call David Chapman at (904) 356-2466 with questions.
thevotesinyourcourt, the Bar offers its “Guide for Florida Voters,” bios of the justices and judges facing a merit retention vote, videos and links to more information. “The merit retention poll is one more resource and an important one,” Schifino said. “It tells voters how attorneys who practice before Florida’s appeals courts view the men and women who judge cases and interpret Florida
Marital/ Family Law
(Allison Alexis, president, at nefpa. president@gmail.com or (904) 360-2349; Ivelisse Rodriguez, first vice president, (904) 281-7935 or nefpa.1stvicepresident@gmail.com)
Paralegal Association of Florida Inc., First Coast Chapter
Labarga
It is our belief that family law matters are especially sensitive and emotionally consuming for clients. We are responsive to clients and return telephone calls in a timely and prompt manner because your concerns are our priority. Our family law team strives to provide the best service and advice based on forty (40) years of experience with family law cases. We believe that professionalism, together with hard work, will produce the desired results expected by clients. Mark M. Green, Esquire
Practice areas: • Divorce • Custody • Prenuptial Agreements • Modification Proceedings
• Martindale-Hubbell AV rating • “Super Lawyers” Top Attorneys in Florida Included since 2007
• Who’s Who in Law • Professionalism Award Family Law Inns of Court
200 West Forsyth Street, Suite 450 | Jacksonville, Florida 32202 (904) 355-1155 | mgreen@gsmslaw.com
Dilbert®by Scott Adams G LITIGATION ASSOCIATE Hinshaw & Culbertson seeks an Associate with 1-3 years of litigation experience for its Jacksonville office. Ideal candidate has experience in employment law, workers’ compensation, product liability, and civil litigation. FL bar license required. Apply online at hinshawlaw.com.
law.” Lawyers taking part in the poll were asked to consider eight attributes in making their decisions: quality and clarity of judicial opinions, knowledge of the law, integrity, judicial temperament, impartiality, freedom from bias/prejudice, demeanor and courtesy. The Bar mailed 74,859 ballots to in-state members in good standing; 5,967 lawyers participated. In the Supreme Court poll, Labarga led the way with a 91 percent retention rate, followed by Canady and Polston, who each received 84 percent. For judges in the 1st District Court of Appeal, which includes the 4th Judicial Circuit, James Wolf received an 89 percent retention rate, followed by Ross Bilbrey and Kent Wetherell, who each received 82 percent; Susan Kelsey at 81 percent; and Lori Rowe and Thomas “Bo” Winokur, with 79 percent each.
Monday, September 26, 2016 • Financial News & Daily Record • Page A-9
Judges, YLS share stories over breakfast
Duval County Court judges, judicial assistants and members of The Jacksonville Bar Association’s Young Lawyers Section met Thursday morning for relaxed conversation over breakfast. Among the judges who attended were Dawn Hudson, left; Ronald Higbee, above; Robert Arias, below left; and Gary Flower, below.
Photos courtesy of Young Lawyers Section
NOTICE OF PUBLIC HEARINGS AND PROPOSED ORDINANCE CODE CHANGE REGARDING THE RIVERSIDE/AVONDALE OVERLAY The City of Jacksonville proposes to adopt the following ordinance: ORDINANCE 2016-580 - AN ORDINANCE AMENDING CHAPTER 656, (ZONING CODE), PART 1 (GENERAL PROVISIONS), SUBPART C (PROCEDURES FOR REZONING AND AMENDMENTS TO THE ZONING CODE) AND PART 3 (SCHEDULE OF DISTRICT REGULATIONS), SUBPART O (RIVERSIDE/AVONDALE ZONING OVERLAY), ORDINANCE CODE ARE AMENDED TO ADD A NEW CRITERION AND REQUIRE THE COUNCIL TO EVALUATE SPECIFIC CRITERIA BEFORE APPROVING A LAND USE OR ZONING APPLICATION IN THE RIVERSIDE/AVONDALE OVERLAY (“OVERLAY”), PROVIDE THE INTENT OF DESIGNATING THE CHARACTER AREAS, AMEND THE APPLICABILITY OF THE OVERLAY TO PLANNED UNIT DEVELOPMENTS, SPECIFY REQUIREMENTS FOR REZONING OF PROPERTY IN ALL CHARACTER AREAS, LIMIT PERMISSIBLE USES BY EXCEPTION FOR CRO ZONING DISTRICT IN THE HISTORIC RESIDENTIAL CHARACTER AREA, AMEND THE CHARACTER AREA DESIGNATIONS IN TABLE 1.0, AMEND THE PARKING REQUIREMENTS WITHIN THE COMMERCIAL CHARACTER AREA, PROVIDE REQUIREMENTS FOR CONVERSIONS TO NON-RESIDENTIAL USES AND LIMIT DEVIATIONS AND WAIVERS IN THE HISTORIC RESIDENTIAL CHARACTER AREA, AMEND THE PARKING REQUIREMENTS WITHIN THE HISTORIC RESIDENTIAL CHARACTER AREA, AND PROVIDE STANDARDS FOR RESTAURANTS IN THE RESIDENTIAL CHARACTER AREA; REPLACING EXISTING CHARACTER AREA MAP; PROVIDING AUTHORIZATION FOR OFFICE OF GENERAL COUNSEL TO INSERT EFFECTIVE DATE; PROVIDING AN EFFECTIVE DATE. Public hearings will be held on the first floor of City Hall, St. James Building, 117 W. Duval Street, Jacksonville, Florida, as follows: City Council Public Hearing 5:00 P.M. TUESDAY, SEPTEMBER 27, 2016 Land Use and Zoning Committee Public Hearing 4:45 P.M. TUESDAY, OCTOBER 4, 2016 City Council Public Hearing and Final Vote 5:00 P.M. TUESDAY, OCTOBER 11, 2016
A copy of the proposed ordinance is available for public inspection in the Legislative Services Division, located on the fourth floor of City Hall, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and at www.coj.net through Legislative Bill Search. All interested persons are invited to review the proposed ordinance and to appear at the public hearings and be heard regarding the adoption of the proposed ordinance. Persons needing special accommodations to attend any hearing noticed hereinabove shall contact the Legislative Services Division at 904-630-1404 not less than 48 hours before a hearing or meeting in order to make arrangements. Lori N. Boyer City Council President Cheryl L. Brown Council Secretary Sept. 26
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Page A-10 • Monday, September 26, 2016 • Financial News & Daily Record
Another week, another loss for Jags
The field was wide open for Jacksonville Jaguars wide receiver Rashad Greene, whose 25-yard play was the longest of the day for the team. The Jaguars fell to 0-3 Sunday with a 19-17 loss to the Baltimore Ravens at EverBank Field.
Photos by Bobby King
Jaguars cornerback Jalen Ramsey stares down Maurice Canady of the Ravens during a return.
Jacksonville’s Malik Jackson, left, Johnathan Cyprien and Telvin Smith work together to take down Baltimore wide receiver Breshad Perriman.
VICTIM OF NURSING HOME ABUSE? After the game, Gus Bradley said, as head coach, he is the problemsolver and the problems need to be solved quickly. “We’ve got to look to extract more from our players, from our coaches, from everybody involved with this, asking them to give more,” he said.
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(904) 723-0030 • www.stevewatrel.com WE PAY REFERRAL FEES IN ACCORDANCE WITH R, REGULATING FLA. BAR 4.15(F)(4)(D).
Monday, September 26, 2016 • Financial News & Daily Record • Page A-11
Basch
CONTINUED FROM FRONT PAGE headquarters in Jacksonville. The company employs about 1,800 people in Jacksonville at the headquarters and contact lens production facilities, and more than 3,000 people worldwide. Abbott’s vision care business, headquartered in Santa Ana, Calif., employs nearly 4,000 people worldwide. Sekston said a key to the deal for Johnson & Johnson is the addition of the cataract surgery business. Abbott is a leader in surgical technology for cataracts, a leading cause of preventable blindness. “Globally, there is a strong need for innovation to end blindness and to meaningfully improve vision for patients throughout their lifetime, so everyone at Johnson and Johnson Vision Care here in Jacksonville is excited to be expanding into the broader eye health market,” she said. Abbott’s other eye products are laser vision (LASIK) technologies and consumer products, including over-the-counter drops for dry eyes and cleaning systems for contact lenses. Abbott Medical Optics started in 1976 as a developer of intraocular lenses for cataract patients. The business, then known as Advanced Medical Optics, was acquired by Abbott in 2009 for $2.8 billion. Johnson & Johnson is paying $4.3 billion in cash for the business, producing a nice profit for Abbott for its seven-year investment. Abbott said it is selling the optics unit to realign its businesses to focus on cardiovascular devices and expanding diagnostics. “Our vision care business will be well-positioned for continued success and advancement with Johnson & Johnson,” Abbott CEO Miles White said in a news release. Johnson & Johnson has operat-
ed the contact lens unit since 1981 when it acquired a Jacksonville company called Frontier Contact Lenses, a business founded in 1959. The business was renamed Vistakon and operated under that name for three decades, but the company transitioned to the Johnson & Johnson Vision Care name over the last couple of years. Johnson & Johnson said it expects to complete the acquisition in the first quarter of 2017 and said it will be “modestly accretive immediately” to its earnings per share.
Black Knight jumps on upgrade
Black Knight Financial Services Inc.’s stock jumped to a new high last Monday after Keefe, Bruyette & Woods analysts raised their rating on the Jacksonville-based company, which provides technology services for mortgage lenders. “We believe that BKFS has numerous growth opportunities that will enable it to grow revenues and EBITDA (earnings before interest, taxes, depreciation and amortization) at highsingle to low-double-digit rates over the medium term,” analyst Chas Tyson said in a report as he raised the rating from “market perform” to “outperform.” “Further, we think the company’s announced client wins so far provide visibility into significant growth, while the cash flow thrown off by MSP gives it the flexibility to add to growth inorganically where it finds attractive opportunities,” he said. Black Knight’s mortgage servicing platform (MSP) dominates the field, with nearly two-thirds of all U.S. first mortgage loans processed through the system. Tyson said the company’s flagship product “has no meaningful competition and still has signifi-
cant growth opportunities.” Black Knight’s stock closed last Monday up $1.23 to $40.94 after trading as high as $42.19 early in the day. Tyson set his price target at $46. Black Knight was spun off from Fidelity National Financial Inc. with an initial public offering in May 2015, and had already risen significantly from its IPO price of $24.50. Although the price has risen, Tyson still thinks it offers investors a good opportunity. “We think the price for BKFS’s equity meets Warren Buffett’s dictum that it’s better to pay a fair price for a good business than a good price for a fair business,” he said.
ParkerVision case delayed until March
ParkerVision Inc. said last week the hearing at the International Trade Commission for its patent infringement case against three major electronics manufacturers has been rescheduled for March. That’s something of a disappointment because the Jacksonville-based company, which is developing technology for wireless applications, had hoped to have the case resolved soon. The hearing was originally scheduled for August but was delayed by the ITC for undisclosed medical reasons. ParkerVision brought the case to the ITC last year against Samsung Electronics Co. Ltd., Qualcomm Inc., Apple Inc. and LG Electronics Inc., alleging they have been illegally using ParkerVision’s patented technology without permission. ParkerVision says its technology improves the performance of wireless devices. Samsung was dropped from the case in July after reaching an agreement with ParkerVision to use the technology, increasing
Parker ParkerVision’s confidence that its infringement claims against other manufacturers are valid. Of course, ParkerVision’s ability to profit from its agreement with Samsung took a big hit with the recent recalls of Samsung smartphones over concerns that its batteries are a fire hazard. ParkerVision has several other legal actions pending, including a lawsuit against the German subsidiary of LG. That case is scheduled for a hearing in Munich Regional Court in November, ParkerVision said last week, but the court is encouraging a settlement agreement and ParkerVision is hoping for a decision before the hearing. “While we had hoped to present our case to the ITC before the end of the year, we remain encouraged despite this scheduling delay, in particular because our action in Germany is moving along at a rapid pace. We look forward to a near-term resolution in that jurisdiction,” CEO Jeff Parker said in a news release.
PHH Corp. cuts New York jobs
A loss of business from a key customer for mortgage company PHH Corp. is costing jobs at the
company’s facility near Buffalo, N.Y. PHH filed a Worker Adjustment and Retraining Notification with the state of New York last week saying it is cutting 91 of 294 jobs at the facility. The notice follows an announcement by PHH last month that HSBC Bank USA is selling servicing rights to 139,000 mortgage loans currently subserviced by PHH, which were handled at the office. PHH’s mortgage operations were run basically out of offices at its New Jersey headquarters site and in Jacksonville. But in 2012, it began operating another facility near Buffalo after HSBC transferred its mortgage processing and servicing business to PHH. About 400 HSBC workers were transferred to PHH. PHH has downsized its Jacksonville operations as its business level declined, lowering employment from more than 1,000 three years ago to about 450 last fall when it decided to move to a smaller office site in Jacksonville.
Lennar buying WCI Communities
Lennar Corp. on Thursday announced a $643 million agreement to buy WCI Communities Inc. in a merger of two of Florida’s largest homebuilders. Miami-based Lennar builds homes in a number of Northeast Florida communities. Bonita Springs-based WCI does not have any Jacksonville area communities, according to its website, with all of its properties located in the southern half of Florida. WCI markets homes for the “move-up, active adult and second-home buyers.” Lennar said the acquisition expands its presence in the move-up market in coastal Florida communities. mbasch@baileypub.com
Fussell 1 hour CLE a
Join us for the
October Luncheon
pplied
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Empowering Women to Run for Office Speakers: Linda Lanier and Ginny Myrick These ladies are with Nine in 15, an organization whose initiative is to improve gender balance among elected officials.
Thursday, October 13
Doors open at 11:45 a.m., luncheon Noon-1:00 p.m. The River Club
1 Independent Dr., 35th Floor, Jacksonville, FL 32202
$30 pay-as-you-go-members $35 guests and non-members (cash or check only)
RSVP no later than October 7th at http://bit.ly/JWLAOCT
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Now the majority of requested documents typically are available in 24-48 hours. “I think the online records, I think it has come a very long way and we’re going to continue that,” said Fussell, a Republican who is running for re-election against Democrat Paula Bartlett on Nov 8. In what likely was the most heated criticism for the office, Fussell at the beginning of 2015 discontinued using his staff to perform courthouse weddings. The decision came days after a U.S. District judge clarified a previous order that said Florida’s ban on same-sex marriage was unconstitutional. Fussell said at the time it was a balance between the time it took to perform the services and the civil rights of his employees, some of whom did not want to perform same-sex ceremonies. The office, he said, is following the law — it issues licenses, but isn’t required to do ceremonies. Still, strong criticism then came from the lesbian, gay, bisexual and transgender communities who felt the changes stemmed from their inclusion, as well from parts of the business and legal communities. “People still get married in the courthouse,” Fussell said, pointing out that ceremonies are held in areas like the lawn and in courtrooms. One of Bartlett’s main priorities is to reinstate full marriage
services. “The only original work the current Clerk of Courts has done over the last four years was to ban courthouse marriages because he has a personal issue with the law of the land,” said Bartlett in a statement. She said Fussell is holding “the entire Jacksonville community captive” by failing to provide the service. Properly marketed, Bartlett said, the chapel space built into the courthouse could generate an additional $100,000 in revenue. She said it made $26,000 as recently as 2014 by performing marriages. Bartlett, an attorney, also wants to improve customer service in the office. Given how marriages can still be performed, Fussell said the issue has been “blown out of proportion” and the office has tried to move on. He said he hasn’t received too many complaints about the subject since the initial outcry. Fussell said if re-elected, he wants to improve on the efforts he’s already started. That includes furthering digitizing records and evidence, which costs more than $320,000 a year to house off-site. That’s down from about $400,000 when he took office, he said. dchapman@jaxdailyrecord.com (904) 356-2466
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Page A-12 • Monday, September 26, 2016 • Financial News & Daily Record
50 years ago this week
Duval County grand jury criticizes tax assessor for refusing to testify
City Tax Assessor Charlie Wilson was criticized severely by the Duval County grand jury for refusing to waive immunity from prosecution when he was called to testify about more than $48,000 paid to a local company for services rendered to his office. The jury, in a special report, said Wilson’s action was the same as invoking the U.S. Constitution’s Fifth Amendment, which protects an individual from being compelled to testify against himself in a criminal case. Due to Wilson’s refusal to waive immunity, the jury said, it was forced to excuse him without hearing his testimony “because we deemed it our duty not to grant him complete immunity before knowing what his testimony would be.” If the jury heard testimony from Wilson without the immunity waiver, he then would have gained immunity from any charge of larceny or bribery that might arise from the investigation of the city’s dealings with the firm. The jury said that, in its opinion, Wilson’s decision to rely upon the Fifth Amendment “constituted such conduct as to cause the confidence of Jacksonville’s citizens in Wilson and his office to be totally destroyed.” The report, which was not an indictment or criminal charge, was brought to Circuit Judge Marion Gooding and read in open court by State Attorney William Hallowes. The jury said its inquiry established the fact that in 1962, the assessor’s office orally contracted with and paid to U.S. Microfilm Service Inc. of Jacksonville — without a competitive bid process — more than $48,000 for services rendered by the company in microfilming and reproducing the plat books in the assessor’s office. • School board nominee Don Wells, facing organized write-in opposition from a Presbyterian clergyman in the Nov. 8 general election, won the right to have his name appear on the voting machines rather than on paper ballots. Duval County Attorney J. Henry Blount ruled the county was required to use voting machines exclusively in the general election. In addition, Supervisor of Elections Robert Mallard said it would take less time to conduct the election by placing all candidates’ names on two machines rather than using paper ballots to accommodate names of six nominees that couldn’t be put on one machine due to lack of space. After it was announced paper ballots would be used, Albert Kissling, pastor of Riverside Presbyterian Church, said he would be a write-in candidate against Wells, the Democratic nominee who had no Republican opposition. Kissling’s announcement prompted Wells to go before the Board of County Commissioners to protest the planned use of paper ballots, alleging he was being discriminated against.
While write-in campaigns were generally difficult to win, political analysts agreed they were easier to achieve using paper ballots rather than machines, thus Wells’ alarm. On a paper ballot, a voter favoring Kissling would simply mark an X in a space beneath Wells’ name and then write out Kissling’s name. On a machine, the voter would have to lift a lever under the nominee’s name and write in Kissling’s name in a space pro-vided for that purpose.
comShe quickly com plied, filling a brown paper bag with the money from her cash drawer. It was noted the sevrobbery was the sev enth such crime in recent months in Duval and Alachua counties and none had been solved.
• The City ComCom mission hired a concon sultant to review a proposal by UtiliUtili ties Commissioner George Mosely that the Electric DepartDepart ment start a sales promotion propro gram. R.H. Cockfield of Los Angeles, Calif., would be paid $1,750 to study the • The Duval proposal. Air Improvement He was to evaluAuthority, armed ate the load characcharac with rules that teristics of the local became effective this plant to determine week in 1966, applied the types of loads for a federal grant to that would make S CB the off improve its programs n’s Heroes” led the maximum oga “H , 66 19 in ek we . is Th gramming lineup pro and operation. e contribution, the tim me pri ht nig Network Friday Meeting at the potential market county courthouse, the of existing and authority approved new customers, support availavail an application for $65,000 a year able for business development front. He also was wearing wrapfor three years under the federal program and a sales organization around sunglasses and appeared Clean Air Acts of 1963 and 1965. that might best meet the needs of to be in his late 30s or early 40s, According to George Auchter the city. she said. Jr., authority chair, approval of When Futch got up to see if she the grant would save money for • Phillip Gearing, who was the could help the man, he pointed a local taxpayers. supervisor of adult education for pistol at her and said, “Give me He said under the legislation the Duval County school system, the money.” that created the authority, the group could be funded by no more than $110,000 a year from county ad valorem taxes. In 1966, Auchter said, the authority operated with a budget of about $60,000 since Jan. 1 when it was established. It was requesting $82,500 for 1966-67, an increase of $22,500 for a full year. Under the Clean Air Act, the federal government would match every $1 of local increase in financial support with $3 in federal funds. If the budget commission granted the $22,500 increase, the federal government would match it with $67,500, giving the authority a budget of $150,000 — $40,000 more than it could get from the county. ord Special to the Daily Rec
Have you ever wondered what life was like in Jacksonville half a century ago? It was a different era of history, culture and politics but there are often parallels between the kind of stories that made headlines then and today. As interesting as the differences may be, so are the similarities. These are some of the top stories from this week in 1966. The items were compiled from the Jacksonville Public Library’s periodical archives by Staff Writer Max Marbut.
• The Jacksonville Symphony Orchestra announced Lisa della Casa, star of the Metropolitan Opera and Vienna State Theater, would make her Jacksonville debut and open the orchestra’s 18th season Oct. 25 in the Civic Auditorium. The symphony, under the direction of John Canarina, would present a series of seven concerts, six with guest artists. • A gunman slipped through a door at the rear of the Murray Hill branch of the Fidelity Federal Savings & Loan Association and robbed a teller of $2,700. Police, summoned by a silent alarm system set off by the teller, arrived in minutes, but the robber had fled the scene. Officers were quickly joined by a large complement of FBI agents. Elizabeth Futch was alone in an office in the back of the branch at 1086 S. Edgewood Ave. A coworker and other employees were in another part of the building receiving annual flu immunization shots when the robbery occurred. Futch said the man was wearing a blue raincoat and a tan golf cap with a red emblem on the
was a man of many talents. He was a sculptor, painter, carpenter, boat builder, a jazz fan — particularly Dave Brubeck — and a musician who played the baritone ukulele and electric organ. Gearing also wrote a book in collaboration with Jewel Varnado, who taught adults in the school system Titled “English Lessons for Adults,” it was intended for adults with no more than four years of formal education. Book 1, the first of three planned volumes, provided reading, writing, spelling and vocabulary-building lessons. The goal of the book, Gearing said, was to equip adults with at least the rudimentary English skills needed to get a job or acquire a better job than they might already have. • On the topic of employment, the Jacksonville Area Chamber of Commerce was pleased with the response to a Northeast Florida job survey. David Cooley, executive vice president of the chamber, told the Kiwanis Club of Jacksonville there were 28,000 responses to the questionnaire. On the basis of the survey, the chamber estimated there were 150,000 underemployed and undereducated people in the area. Cooley mentioned the survey while discussing the need for an area vocational school in Duval County. He said because there was no center, there was a gap in education and employment patterns.