Pompano! Magazine, May 2021, Pompano Beach Florida by Point! Publishing

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Missy Fowlkes, Lindsey Tenberg, Grayson Kitts Kari Pallotto, Lorelei Bennett, Mindy Bennett

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contents Pompano!

Pompano!

Celebrating Five Years

May 2021

VOLUME 7 NUMBER 5

Kari Pallotto, Mindy Bennett, Grayson Kitts, Missy Fowlkes and Lorelei Bennett (horizontal) Heather Weeter for Pompano! magazine

In 1986 a group of local woman banded together to launch the Laides Fish Off. Flash forward 35 years and the event is still going strong. Money raised from the tournament supports charities including the Flite Center and the Billfish Foundation.

A Florida program designed to reduce doctor’s malpractice bills strips families of their right to sue. The program offers a one-time payment and coverage of medical expenses Some Florida families tell of a bureaucratic maze.

Ladies Fish Off

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City Beat

Pompano Peeps

It Dawned on Me

Personal Development

Creatively Cooking

Dining Out

Last Resort

Marie Puleo keeps you up to date on all the news and development in Pompano Beach.

Photographer Jeff Graves captures smiles all around the town.

Dawne Richards examines our ever changing language and how easy it is to fall behind the times.

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When you can’t decide where or what to eat, consult our dining guide for ideas.

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ON THE COVER Missy Fowlkes, Lindsey Tenberg, Grayson Kitts Kari Pallotto, Lorelei Bennett, Mindy Bennett Photo by Heather Weeter

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circulation Pompano! is published monthly by Point! Publishing and

mailed free of charge to select residents and businesses in Pompano Beach and Hillsboro Mile. Copies of Pompano! are available at Whole Foods Market, UPS, Offerdahl’s Café and at the Pompano Beach Chamber of Commerce.

please contact us Drop us a line and let us know what you’re thinking. Pompano! magazine is all about community. Your ideas and comments are important to us. All letters to the editor may be edited for grammar and length. Send letters to: Editor, Pompano! magazine, 2436 N. Federal Hwy., #311 Lighthouse Point, FL 33064 or email editor@pointpubs.com. Deadlines for camera-ready art and prepayment of ads are due on the first day of the preceding month of publication. All ongoing ads must be canceled by the first day of the preceding month of publication. pompanomagazine.com | pointpubs.com Pompano! magazine is owned and published 12 times per year by Lighthouse Point Publishing, LLC. Copyright 2021 by Lighthouse Point Publishing, LLC. All rights reserved. No part of this magazine may be reproduced without the prior written consent of Lighthouse Point Publishing, LLC. Requests for permission should be directed to: editor@pointpubs.com.

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City Beat

BY MARIE PULEO

From Now On, Sightseers & Walkers Can Access The Fisher Family Pier For Free

Ever since the Fisher Family Pier opened in May 2020, there has been a temporary hold on charging sightseers and walkers an entry fee, in an effort to offer relief to patrons amid the COVID-19 pandemic. Now, thanks to a recent decision made by the City Commission, the entry fee for sightseers and walkers has been permanently done away with. In January 2020, the City Commission voted in favor of a $2 per person daily sightseeing pass, a $6 per person daily fishing pass, and an annual residents-only family sightseeing pass for $20, for use by a group of up to 10 people. The Pompano Beach City Commission also decided that there would be no fee for children 10 years old and

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under, or for veterans and activeduty military. This March, the City Commission confirmed with City Manager Greg Harrison, that, going forward, they do not want a fee to be charged for people to sightsee or walk on the pier, which applies to both residents and non-residents. However, the daily fishing rate of $6 per person that was implemented in June 2020 will remain in effect. In addition, the fees adopted this January by the City Commission for annual and semiannual fishing passes will remain in place. Those fees are a resident annual pass for $547.50; a non-resident annual pass for $1,095; a resident semiannual pass for $273.75; and a non-resident

The Fisher Family Pier Jeff Graves for Pompano! magazine

semiannual pass: $547.50. This February, the City Commission approved a 5-year license agreement with the current pier operator, Dania Pier Management Corp. The license agreement is “predicated on the sightseeing entry fees being collected.” Dania Pier Management was to remit back to the city $1 of each $2 daily sightseeing entry fee collected. This revenue would have been used to help pay for the operation of the pier. It will be replaced with money from the city’s General Fund. According to city officials, the license agreement with Dania Pier Management will be rescinded, and a new license agreement with the company will be put in place. Y

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City Beat

BY MARIE PULEO

Cypress Nook Restaurant Is Closing Its Doors After More Than Four Decades A favorite local eatery serving traditional German fare since the late 1970s, the Cypress Nook, located at 201 E. McNab Road, will close its door this summer. The City of Pompano Beach is purchasing the restaurant property for $840,000, and will turn it into a parking area for the Cypress Landing condominiums, located directly to the east. The new parking area is needed because Cypress Landing residents will lose access to an existing parking area due to the McNab Road Bridge replacement project, which is being funded by the G.O. Bond. Florida Department of Transportation (FDOT) regulations require that the bridge be raised a minimum of four feet. The elevation of the bridge will result in a change to the off-ramp design of the bridge and necessitate relocation of access to certain private properties that abut McNab Road, specifically the southern parking area of the Cypress Landing condominiums. Ilse Wettengel has been the owner of Cypress Nook since 1994. Her husband Peter Wettengel started the restaurant in 1977. Staple items on the menu include pork and chicken schnitzel with mushroom gravy, German goulash, ham hock and sides like mashed potatoes and red cabbage — all home-cooked on the premises. It was not an easy decision to sell the property, said Ilse Wettengel, because she won’t be able to see the “Cypress Nook family” every day anymore. But if the City of Pompano Beach hadn’t come to her and asked to buy

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the property, she still would have sold the restaurant. “I’ve worked seven days a week for the past 27 years,” said Wettengel. “When you’re 80-plus-years-old, it’s time to retire.” The restaurant building, which resembles an old house, dates to 1948, and the small cottage in the rear dates to 1945, said Wettengel. Both structures will be demolished to make way for the new parking area. The purchase price of the Cypress Nook property is almost 5% over the appraised value, according to an appraisal prepared for the city. The city has entered into a lease with Wettengel that will allow her to remain in the cottage until the end of August 2021. She plans to find a new place to live in the neighborhood.

Diners enjoy breakfast at The Cypress Nook in Pompano Beach Mrs. Kossenfloffer for Pompano! magazine

Wettengel said she will cease restaurant operations as soon as the city closes on the property, which she hopes will be by this June. Wettengel, who hails from a town outside of Hamburg, Germany, thinks the Cypress Nook became a mainstay in the Pompano Beach community because “when people come here, we make them feel like they’re eating at home.” She noted that students from local high schools who used to come there during their lunch period shortly after the restaurant opened are grandparents now. And even if they have moved away, they come back to see her when they’re in town. “I want to thank all my loyal customers and employees for all their love and support over the years,” said Wettengel. “I could not have done it without them.” Y

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City Beat

BY MARIE PULEO

A New Public Plaza and Restaurant Are Getting Ready for Construction in Old Town

THE BACKYARD

After many years of planning, the construction of a pedestrian and dining plaza, called “The Backyard,” is about to get underway in Old Town. “We are targeting mid-May,” said Horacio Danovich, the city’s capital improvements and Innovation District director. The Pompano Beach Community Redevelopment Agency (CRA) is creating the approximately 9,500-square-foot public plaza as part of its effort to redevelop Old Town as an arts and entertainment destination. The plaza will be used as an outdoor dining area for new restaurants that are being attracted to the space, including a contemporary southern restaurant, called South Bar & Kitchen, which will occupy the building at 165 NE First Avenue. The plaza will also have

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seating for the general public. The plaza area lies roughly north of the Bailey Contemporary Arts building (NE First Street), between NE First Avenue and N. Flagler Avenue. Before the COVID-19 pandemic struck, this outdoor space was used for the CRA’s Old Town Untapped craft brew and arts event held on the first Friday of every month. Currently, the space consists of a parking lot, a grassy area under a sizeable native ficus tree and an unimproved alleyway. Construction of The Backyard is expected to take about nine months to complete, according to Danovich. The Backyard will consist of paver bricks as well as a rectangular wooden deck surrounding the existing ficus tree, which is a prominent feature of the plaza. To complement the ficus tree, a mature, large canopy tree will be

Rendering of The Backyard in Old Town Pompano Beach

planted in the plaza, possibly a live oak tree that is currently on the former grounds of the historic McNab House, which was relocated to McNab Park in March 2020. The landscape plan calls for the addition of eight other trees (including some palms) and several raised planter boxes. The Backyard project also includes the installation of three strategically placed air-conditioned dumpster enclosures in the plaza area, one of which will be adjacent to South Bar & Kitchen exclusively for its use. City staff had proposed installing three underground trash vaults instead, which would have cost approximately $60,000 each. In addition, the city would have had to purchase a special truck for $480,000, which the City Commission did not approve. The Commission wants staff to do more

research to see if there’s a more cost effective way to implement an underground trash system. Construction of The Backyard was to have gotten underway last year, but was delayed because the plans went through several modifications. The Backyard project will be constructed at a guaranteed maximum price of $1.62 million, with funding coming from the CRA.

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South Bar & Kitchen, a new restaurant that will offer Southern comfort food in a contemporary rustic setting, is getting closer to opening in Pompano’s Old Town district. The restaurant will occupy the building at 165 NE First Avenue, which is currently empty but was previously an old general store from the early 1900s. Mike Linder and Mitch Amsterdam are the business duo behind the restaurant. They are the owners of Silver Lining Inflight Catering, which provides upscale catering services for private jets at airports throughout the southern half of Florida. The main kitchen for Silver Lining is located in Pompano Beach on Blount Road. Linder and Amsterdam also own Jet Runway Café, a popular breakfast and lunch restaurant located on the tarmac of the Fort Lauderdale Executive Airport. More recently, they opened YOT Bar & Kitchen at the edge of the Lauderdale Marine Center. Their restaurant in Pompano’s historic downtown will have an outdoor dining area that is part of The Backyard — a new public plaza the Pompano Beach Community Redevelopment Agency (CRA) is in the process of creating as part of its effort to redevelop Old Town as art and entertainment destination. The restaurant will offer “simple, approachable food,” with a contemporary twist on old southern favorites, such as shrimp and grits and chicken and biscuits. Ingredients will include locally grown vegetables and locally caught fish, said Linder. The outdoor dining area will include a wooden deck surrounding a large existing ficus tree. The southwest corner of the deck will be occupied by a container bar, called Cabooze, a reference to the railroad tracks nearby. Cabooze will serve specialty cocktails. There will be live music on the deck in a variety of genres — including acoustic top hits, country, and jazz – as well as a DJ, said Linder. [CONTINUED ON PAGE 17] A jazz brunch will be

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City Beat

BY MARIE PULEO

City Will Be Awarded $2.4 Million in Sewage Spill Settlement The City of Pompano Beach will be receiving $2.4 million from a mediated settlement agreement for the breach of a 42-inch force main sewage pipe that occurred on Jan. 4, 2019. According to the city’s calculations, approximately 52 million gallons of raw sewage spewed into the canal system for six days before the sewage pipe could be repaired. Arc Electric, a subcontractor working for the Florida Department of Transportation (FDOT), accidentally pierced the pressurized sewage pipe at NW 15 Street, just east of the I-95 overpass, while installing conduit for fiber optic cables. The sewage pipe is owned and operated by the city. The sewage flowed into the C-1 canal at the accident site, continued southward into the Pompano Canal and then out the G-57 gate on the C-16 canal (at the southeast corner of Cypress Road and Atlantic Boulevard), all the way to the Intracoastal Waterway. According to city officials, the city incurred approximately $2.76 million for contractor and vendor expenses in its emergency response to the incident. More than $1.5 million was spent for industrial vacuum trucks to remove sewage from the canals; the deployment of portable aerators to remediate bacterial pollution in the affected canals; and for water quality testing. At the peak of its remediation efforts, the city’s emergency response contractor operated 54 aerators, 24 hours a day. The remaining $1.26 million was spent on the construction of a temporary pipeline to bypass the force main breach and continue sewer service to city residents during repair of the damaged force

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main; repair of the damaged force main; legal fees; and environmental consulting and professional oversight of remediation efforts. The settlement agreement, which the City Commission approved at its March 23, 2021 meeting, is between the city and the contractors that were involved in the sewer pipe rupture. FDOT’s prime contractor for the I-95 project is Prince Construction. Prince subcontracted to SICE, a multinational technology integration company which, in turn, subcontracted to Arc Electric. The settlement agreement provides for a single lump-sum payment to the city in the amount of $2.4 million. City Attorney Mark Berman told the City Commission that he and the city’s expert outside counsel strongly recommended approval of the settlement agreement.

“We believe it is an excellent result; we believe that it is in the City’s best interest,” said Berman. Berman noted that the city’s acceptance of the settlement offer would avoid the time and expense of litigation, which could exceed two years and cost $300,000. Moreover, in litigating the matter, the city could risk obtaining a judgment for less than the offered amount. The settlement amount recovers

the majority of the city’s out-of-pocket expenses and damages. In February 2019, the City of Pompano Beach, as well as FDOT and Prince Contracting, received a Notice of Violation and Hearing from the Broward County Environmental Protection and Growth Management Department (EPGMD). The notice identified six instances in which the EPGMD believed sections of the Broward County Code of Ordinances were violated. Broward County alleged the city failed to conduct water quality sampling between January 5 and 7 (while the discharges were ongoing) and failed to have a plan in place to adequately notify the public of the sewage discharge. The city did not admit any alleged violations of law but agreed to settle the matter for $6,000 in fines, plus $300 in regulatory agency costs to Broward County, to avoid the expense of litigation. Prince Contracting paid $185,843 in fines, plus $14,147 in regulatory agency costs, for the discharge of untreated sewage into the city’s waterways. Prince Contracting did not admit any alleged violations of law, but to avoid the expense of litigation, agreed to settle the matter with Broward County and the Florida Department of Environmental Protection. The regulatory agencies also required that Prince Contracting implement a Sediment Remedial Action Plan to restore the C-1 drainage canal to its original canal bottom elevation (the canal bank had eroded into the canal due to the sewer pipe breach). The Florida Department of Transportation (FDOT) did not have to pay any fines related to the alleged violations. Y

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New Public Plaza and Restaurant [CONTINUED FROM PAGE 15] served on Saturdays and

Sundays, with special brunch items also available during the week. Linder and Amsterdam will carry out extensive renovations to the building at 165 NE First Avenue, which they are subleasing from the Pompano Beach CRA. Work on the 3,600-square-foot space will include an entire interior buildout, new facades, a kitchen addition, and parapets to screen new mechanical equipment. The idea is to create a welcoming space inspired by rustic industrial design, said Linder. Locally sourced woods such as Dade pine and Florida cypress will be combined with metal elements, including custom light fixtures and reclaimed steel. Linder expects construction to begin in June, and

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It Dawned on Me

The GOAT of Fleets BY DAWNE RICHARDS

DON’T UNDERSTAND THE TITLE OF THIS ARTICLE? THAT’S OK; I DON’T EITHER. Spoiler alert! This article is for my kindred spirits: the terminally uncool. We weren’t cool in middle school, or high school, or at any time after that. Initially, I considered writing about “May flowers” because last month’s column covered April showers, but decided against it because that’s so…predictable. “Predictable,” according to Urban Dictionary, means what it’s always meant, which is… predictable. Sadly, there doesn’t appear to be a “cool slang” word for it. Given this, “predictable” may be one of the few words left in the English language that means what I think it means, unlike, say, “GOAT” and “Fleet.” When I hear “GOAT,” I think, "furry four-legged animal that I think makes milk, and maybe does other things, such as eat everything in sight." If you thought that too, you’re as hopelessly out of touch as I am. “GOAT,” for the uninitiated, means “Greatest Of All Time.” It’s shown as either “GOAT” or “G.O.A.T.” I think. I’m not cool enough to be sure.

As to “Fleet,” well, besides a group of vehicles (like the “UPS fleet of trucks”), the only word I know that’s even closely related to this is “fleeting,” which means “lasting for a very short time” (thank you, Oxford Languages). Nowadays, “fleet” is an entirely different animal (GOAT pun intended). According to Hootsuite, “Fleets are a way to post content on Twitter that will disappear after 24 hours.” In other words, they’re – YES! – “fleeting.” “Fleeting” is another good way to describe my ability to keep up with what words mean, keep up with what’s “cool,” ensure that I’m not using a word that yesterday had a particular meaning and today — well, today might cause mass confusion among the cool kids. Here are just a few more: “Sleep on it” — apparently, this no longer means "I'll think about it," the way you'll often have a fresh perspective on something after a night’s sleep. "Sleep on it" can now mean to remain ignorant in regards to a topic; for example, I guess I'm "sleeping on" the new meanings of words. Confused? Join the club. "Fit" — no, not as in "my pants no longer fit!" or "He's in great shape!" It’s short for “outfit,” especially (I think) when the [out]fit is, well, cool. "No cap" — this does not mean "there's no limit," i.e., “no cap on spending.” Nor does it mean “not wearing a baseball cap.” It means “telling the truth.” My head hurts. Does yours? Good. Or, in today’s language, “Gucci.” By the way, don’t take my word for any of this, for at least two reasons: You're likely reading this more than 24 hours after I wrote it, which means that by now, all of this might be untrue. I’m old, as evidenced by my use of the word “cool.” The irony is that while researching this piece online, I was served an ad for an article entitled "The 4 Warning Signs of Dementia." Coincidence? I think not. Y Parentology link: https://parentology.com/new-teen-slangacronyms-for-2021/

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Personal Development

Formula for Success BY CRAIG HALEY

WE ALL LOVE TO HEAR STORIES OF PEOPLE WHO WIN THE CHAMPIONSHIP, HIT NEW HEIGHTS IN BUSINESS, AND GET IN THE BEST SHAPE OF THEIR LIVES. The story of Rocky Balboa is one of the best-loved underdog tales of all time. The film "Rocky" tells the story of the eponymous fictional character Rocky Balboa and his unlikely boxing championship victory. The movie went on to win the Oscar for Best Picture in 1976 and spawned many sequels. We all love and need motivation and inspiration, and we need it on a regular basis. When someone wins the championship, grows the business, or gets healthy, they must follow a system of achievement. The system is YOI — KOKORO — KACHI. Yoi is the martial arts word for preparation. We must prepare to achieve our goals. For a student, preparation is reading and studying, and for an athlete, it could be training and running. An entrepreneur might do a demographic study or market analysis to launch a new business. One thing is for sure; if you fail to prepare, you are preparing to fail! When I recall times when my performance was subpar, I simply did not prepare myself. I have my most productive weeks when I take an hour on Sundays to organize the week ahead. When I do it, I have a great week. When I don't, I'm leaving it to chance. The second part of the success formula is kokoro, which means "peak state." When an athlete steps into a competition, they have to be relaxed, focused, and alert. They have to be 100% confident in themselves and their abilities. When they have prepared mentally and physically, they will be

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relaxed and poised when it comes to time to compete. The same is true in business. When entrepreneurs plan out marketing and sales strategies, they will be confident and ready to execute. They will know in advance who their customer avatar is, how to attract them, and how to win them over as clients. They show up in that state of kokoro! I see this state occur in our black belt cycle testing process. When our candidates do the necessary training, extra cardio workouts, and practice, they are confident enjoy the test. They perform with intensity, power and detail. The best part is they are relishing the process. When the candidates try to coast through the process, they arrive nervous and almost always crack under pressure. How can you show up in peak state when you need to next? Kachi is the martial arts word for victory. When a person prepares well, they will perform at their peak level, resulting in victory. We just had our in-house Black Belt Spectacular on March 27. It is pure joy to see our graduates realize their dreams of becoming a black belt — which is not something you get. It is something you become. Victories happen in many ways. It could be releasing a book, seeing your business hit a certain level, saving a specified amount of money — one final thought on victories. Your small, private wins will lead to large, public victories. What wins have you had since the beginning of the year? Y Master Shihan Craig Haley is the Seventh Degree Black Belt instructor at Elite Force Martial Arts, eliteforcemartialarts.com.

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Creatively Cooking

Rigatoni Verde Switch up your red sauce game with this difficult-to-define pasta sauce. It’s not red sauce. It’s not too creamy. But it is certainly full of flavor. .

Rigatoni Verde INGREDIENTS

2 tablespoons olive oil 3 carrots, finely diced 3 celery stalks, finely diced 1 large onion, diced 5-6 cloves garlic, minced 1 pound bulk Italian sausage 1 cup whole milk 3 cups chicken stock Kosher salt and black pepper 1 sprig rosemary 1 sprig thyme 1 cup frozen peas 9 ounces fresh baby spinach 1/2 cup grated Parmesan plus more for serving Fresh parsley, chopped lemon wedges for serving, optional 1 pound dried rigatoni, cooked

PREPARATION

Heat the olive oil in a large Dutch oven over medium heat. Add the carrots, celery and onion and saute until they are soft and translucent. Add the garlic and saute about 1-2 minutes. Add the sausage and saute until it is cooked through. Add the milk and cook and stir until the milk is reduced by half. Add the stock, rosemary, and thyme. Raise the heat to medium high and bring the sauce almost to a boil. Then reduce the heat to a simmer and cook for 30 minutes. Taste for seasoning and add salt and pepper as needed. The sauce might look a little separated, but it's OK. While the pasta is cooking, stir in the peas and spinach. Cook until the spinach is wilted and the peas are cooked—only 3 or 4 minutes. Remove the sauce from the heat and stir in the Parmesan cheese. Also, fish out the stems from the herbs. Add the pasta and toss to combine. Top with a little more Parmesan cheese and the chopped parsley. I like to squeeze a little fresh lemon juice on there too. It brightens all the flavors, but that is completely optional.

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Celebrates 35 Years OCTOBER 2020 • pointpubs.com

In 1986, ten enthusiastic female anglers organized the Ladies Annual Fish-Off to raise money for a local children's charity. Over the years, the all-volunteer-led committee has raised over $560,000 for various charities. The current beneficiaries are The FLITE Center, which helps local youth transition from foster care to adulthood. The Billfish Foundation, which works to protect billfish and other valuable marine species and ecosystems, is the other beneficiary. (See sidebars.)

The first ladies-only saltwater tournament in the region was held at the Sands Hotel in Pompano Beach and featured 72 boats and 125 anglers. The tournament raised $5,000 in its inaugural year. In its second year, the Fish-Off had 127 boats and 237 anglers. The heaviest fish was a blue marlin caught by Kim Burgess. Most recently in 2019, the event attracted 40 boats and 152 anglers at the 34th Annual Ladies Fish-Off. The longevity of the Ladies Annual Fish-Off is a true testament to the fishing community in Southeast Florida. Lady anglers from around the area pursue their passion for fishing and the outdoors while supporting charities and each other. As a 501(c)(3) charitable organization, all the tournament proceeds go directly to The Flite Center and The Billfish Foundation. The Ladies Fish-Off also makes a $1,500 contribution to the Freedom Fighters Outdoors.

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35th Annual Ladies Fish-Off THE FACTS Thursday, June 3 through Sunday, June 6, 2021 Female Anglers Only $20,000 in cash and prizes KICKOFF PARTY Thursday, June 3 Galuppis TOURNAMENT DAY Saturday, June 6 boats leave from Hillsboro Inlet AWARDS BRUNCH Sunday, June 7 J. Marks For more information about the tournament, visit ladies fish off.com.

The Flite Center The Fort Lauderdale Independence, Training and Education Center (FLITE), created by The Junior League of Greater Fort Lauderdale, The Community Foundation of Broward and the United Way of Broward County, opened its doors in 2009. The center’s mission is to guide young adults aging out of foster care and other vulnerable youth to transition to independence successfully.

MAY 2021 • pointpubs.com

The Billfish Foundation

The Billfish Foundation (TBF) is a nonprofit organization with the mission of conserving billfish worldwide. TBF was founded in 1986 and its keystone program, the traditional tagging program, was created in 1990. Today, it has grown to be the largest international billfish tagging program in the world. The Billfish Foundation believes that achieving effective, longlasting conservation is only possible through a multi-disciplinary approach that integrates policy, research, and education. TBF is involved in many committees and organizations that inform policy and management of billfish, including the International Commission for the Conservation of Atlantic Tunas, the Pacific Fisheries Management Council, the Inter-American Tropical Tuna Commission, and the NOAA Highly Migratory Species Advisory Panel. They have been instrumental in preserving the Florida East Coast Closed Zone and Gear Restricted Areas in the Atlantic Ocean and Gulf of Mexico. The cornerstone of TBF is the Tag & Release Program, which receives over 10,000 tag and release records annually from across the globe, totaling over 260,000 since its inception. The data has illuminated many topics, including migration patterns, habitat utilization, growth rates, release mortality and more. This information is vital in creating and advocating for responsible policy and management of billfish globally. Finally, TBF believes that education is vital to long-term conservation. Representatives of TBF attend sportfishing tournaments and other ocean-related events to teach anglers and ocean enthusiasts about the importance of catch and release fishing.

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Committed to Keeping the Promise “We feel blessed to help build our hospital and make it the best in Florida.” Such is the sentiment of Madeline and Monte Wolfson, who recently made a very generous $1 million gift to Keeping the Promise…The Campaign for Boca Raton Regional Hospital. The Wolfsons join a list of Boca Raton’s philanthropic “Who’s Who” of seven- and eight-figure donors to the Campaign who have helped raise more than $195 million, thus far. “Giving back” is a driving force in the Wolfson’s lives. They have made philanthropy one of their lifetime goals. They understand the great importance the modernization of Boca Regional’s campus plays in the future of healthcare for the community. Private rooms are no longer simply a value-add, but a necessity to our health and well-being. Smart technology, equipped for efficient and effective communication, can help lower the spread of infection and illness. All of these advances are presently lacking in the current patient tower which makes Keeping the Promise… the Campaign for Boca Raton Regional Hospital a top priority. Boca Raton Regional Hospital thanks the Wolfsons profusely for their assistance with this all-important campaign. To learn more about the Keeping the Promise campaign please visit brrh.com/KeepingThePromise or call 561-955-4142.

The New Gloria Drummond Patient Tower will feature new surgical suites and all private patient rooms that will exceed the latest safety standards for patient care.

Harcourt M. and Virginia W. Sylvester Gift Shop, located just steps from the main entrance, will offer a variety of items for visitors’ convenience and unique gifts to help brighten a patient’s day.

Critical Care Units will address the need for state-of-the-art facilities for our most critically ill patients, which will be essential as the hospital attracts patients that are more vulnerable.

Christine E. Lynn Heart & Vascular Institute will address the significant growth for essential services and will develop a new Cardiovascular Outpatient Clinic, as well as the Jean and David Blechman Cardiovascular Intensive Care Unit (CVICU) and Stepdown Units.

Marilyn and Stanley Barry Center for Surgical Services will offer larger and more sophisticated operating rooms that are essential to manage the robotic equipment and technology needed for advanced surgery, as well as for minimally invasive surgeries.

Eleanor R. Baldwin Parking Facility adjacent to the Medical Arts Pavilion will feature four story parking accommodations with easy access to hospital sites. Ambulatory Surgery Center will be housed within the planned new Toby and Leon Cooperman Medical Arts Pavilion and is expected to include a family waiting area, several outpatient operating rooms and endoscopy suites.

With certainty, every commitment to Keeping the Promise from the Boca Schmidt Family Parking Facility Raton philanthropic population has added significant parking capacity with already made a tremendous impact on 972 new parking spots and offers direct this imperative hospital initiative. As access to the current hospital and upon the campaign continues to prevail, we completion, to the new Gloria Drummond hope to garner further support from Patient Tower. our community to ensure a future of Louis B. and Anne W. Green Lobby the unparalleled medical superiority in South dramatic natural light-filled area with a Expansion of the Marcus Neuroscience Florida... each and every gift is an essential two story atrium and piano will provide Institute will meet the extraordinary gift to Keeping the Promise. a spacious and serene environment for neurological needs of our community. The incoming patients and visitors. facility expansion components will include additional examination rooms, ICU rooms Debbie Lindstrom and Bob Sheetz and minor procedure suites, a new wet Main Reception and Registration Area lab and an interventional radiology suite. will provide a warm, inviting and memorable first impression for patients Toby and Leon Cooperman Medical and visitors to Boca Regional. Arts Pavilion includes a freestanding facility to house medical specialty clinics Eleanor R. Baldwin Bistro adjacent to and physician offices along with an the north courtyard, is the perfect spot to Ambulatory Surgery Center as well as the relax and grab a bite to eat. future Orthopedic Institute. Michelle and Michael Hagerty North Courtyard, conveniently located off the Bistro, will provide ample space for outdoor gathering.

When Births Go Horribly Wrong, Florida Protects Doctors and Forces Families to Pay the Price A Florida program designed to reduce doctors’ malpractice bills strips families of their right to sue, offering instead a one-time payment and promises to cover medical expenses. Some parents report a bureaucratic nightmare that’s anything but supportive. BY CAROL MARBIN MILLER AND DANIEL CHANG, MIAMI HERALD, PROPUBLICA

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birth gone horribly wrong left Jasmine Acebo with profound brain damage and a bleak future, one defined by wheelchairs, mechanical airways, feeding tubes, frequent hospitalizations, in-home nursing and constant pain. Unable to work, her overwhelmed mother became dependent on food stamps and sometimes cash assistance. She watched helplessly when her newborn convulsed with seizures. She saw her daughter turn blue and nearly suffocate during a feeding. A Florida program promised help: medical care, money for expenses — a lifeline of support. But that help, said Yamile “Jamie” Acebo, was often delayed, denied or deficient. And it included what she viewed as a shameful suggestion from a program administrator making a home visit: Would Acebo wish to place her daughter in an institution? The thought of Jasmine, surrounded by strangers and not the mother who loved her, was horrifying. “I will care for her until the day the good Lord takes her home,” said Acebo, a single mother living with her parents when Jasmine, her first child, was born. In every other state but one, Jamie Acebo and hundreds of other parents like her could have pursued multimillion-dollar lawsuits to recoup the costs of raising a catastrophically disabled child. But a Florida law enacted in 1988 — to reverse what advocates and lawmakers called an exodus of obstetricians fleeing high malpractice insurance premiums — stripped them of that right. Florida’s Birth-Related Neurological Injury Compensation Association, also called NICA, aims to lower obstetricians’ malpractice costs while providing families of those who suffer the most severe birth injuries with monetary compensation and “medically necessary” health care. It prevents parents from suing, even if the doctor or hospital may have made an egregious mistake. The law was also supposed to provide a dignified existence and financial cushion for families crushed by the delivery of an infant with devastating brain damage. But some parents say NICA is indifferent to their fears, anxieties and depression, and hostile to their needs. Jasmine’s special bed collapsed? Can’t it be welded? NICA asked. Jasmine’s energy-hungry medical devices inflating the monthly power bill to $500? NICA offered $25. Jasmine’s outgrown her wheelchair? Stretch it out, said NICA. “They were supposed to take care of her for the rest of her life,” Acebo said. “They were nickel-and-diming me for 27 years.” A bill in 2013 could have made NICA more responsive to the

Acebos and other families. NICA’s executive director, Kenney Shipley, argued for its defeat. “Most of this is pretty silly since we are not here or funded to ‘promote the best interest’ of the children,” she wrote in an email, and later predicted lawsuits against NICA if an “ambiguous standard” were adopted. NICA pays parents of children with neurological injuries $100,000 upfront and promises a lifetime of health care, much of which actually comes from Medicaid, a different state program that insures impoverished and disabled Floridians. When a child dies, as Jasmine did in 2017, NICA pays families an additional $10,000 for funeral costs. Appeals and internal records show that Jasmine’s mother was one of many parents who spent years locked in frustrating fights with NICA after learning that $100,000 is woefully insufficient to care for a severely brain-damaged child. They say NICA doesn’t inform them about benefits to which they are entitled, while rejecting or slow-walking coverage for therapy, equipment, medical treatments, medication, in-home nursing care — even wheelchairs. To assess NICA’s performance, reporters from the Miami Herald, in partnership with the nonprofit investigative news organization ProPublica, examined court records, board minutes, actuarial reports, state insurance records, emails, legislative records, medical studies, archival records and case management logs for deceased children, as well as Health Department and financial services reports. Two families provided reporters their full internal files. Reporters observed board meetings and interviewed parents, doctors, lawmakers, lawyers, ethicists and health care administrators. The Herald filed a lawsuit seeking additional records, including unredacted case management logs for deceased children that would show how NICA handled claims. NICA administrators fought to keep the records secret, and a judge ruled in NICA’s favor, saying families had a right to privacy. Reporters examined all 1,238 NICA claims filed at the Division of Administrative Hearings, or DOAH, from passage until today. The investigation revealed: • NICA administrators narrowly define what medical care is necessary in a way that is far stricter than private insurance — or even the federal Medicare program. The program’s definition of medical necessity ensures NICA spends less on care for children, causing friction and frustration. The Herald found instances of NICA questioning the medical necessity of wheelchairs, medication, physical therapy — and extra feeding bags for a child with a gastrostomy tube. OCTOBER 2020 • pointpubs.com

Flush with cash, the program paid its lawyers $16.9 million between 1989 and 2020 — more than NICA spent, combined, on therapy and doctor and hospital visits for children during the same period, which was about $10 million. And unlike the standard settlement awarded to families, the money paid to NICA’s attorneys has increased over the years — from $75 an hour to as much as $400, depending on the assignment “At some point, nickel-and-diming people has a diminishing return, if any return at all,” Jim DeBeaugrine, a former head of the Florida Agency for Persons with Disabilities, said of NICA. • If families push back, the program sometimes spends more money fighting them than it would have cost to provide help. NICA paid lawyers nearly $3 million to wage an 11-year fight against parents who sought compensation for giving up jobs and careers to care for their disabled children — a suit NICA ultimately settled, giving parents essentially what they wanted. NICA paid $138,000 in legal fees and costs fighting a mother’s request for $11,058 in reimbursement for a treatment that could help her daughter swallow. NICA turned down a mother’s request for a wheelchair, modified van and an occupational therapy program for her child, then, when she appealed, twice hired a private investigator to tail the mother and son. Even with the $100,000 one-time payment, NICA families often end up in financial hardship, generating requests that go beyond the scope of traditional insurance. “A lawsuit against the physicians would have covered all of these expenses, but that right was taken from us,” wrote one parent, David Morgan, who sought help buying a TV and other equipment for his bedbound, pain-wracked young daughter. The request was denied. • While many NICA families live in constant financial jeopardy, NICA has an ever-growing stockpile of money: nearly $1.5 billion. The program doles out about $3.5 million annually to investment managers. NICA’s lobbyists are paid nearly $100,000 yearly — a total of $888,000 since 2011 — to, among other things, fend off efforts at legislative reform. After the Herald and ProPublica began investigating NICA, administrators hired a public relations firm for close to $100,000 annually to generate favorable press — and proposed an increase in money for NICA families, noting that it would be a public relations boon whether it passed or not. “It’s a scam,” Alex Sink, Florida’s chief financial officer from 2006 through 2010, said of NICA. “The pot is getting bigger, and people are feeding off the investments. They have no incentive to reduce the money in the fund in order to help parents. The priorities have gotten totally misplaced.” • The program has long resisted efforts to include the voices of parents on its board. NICA’s board has never included a parent or an advocate for disabled or medically fragile children. In 2013, when a lawyer for NICA parents suggested adding a mom or dad, administrators refused to consider it.

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The program said adding a family member “could lead to the perception of favoritism by other parents” receiving benefits. “We know that there is a lot of depression among the parents of medically complex kids and a high divorce rate,” said Gwen Wurm, an assistant professor of clinical pediatrics at the University of Miami Miller School of Medicine. “We know that the siblings of medically complex kids are affected. Anything we can do to help maintain these families has benefits beyond the children themselves.” In the weeks ahead, the Herald and ProPublica will explain how NICA has saved the state’s medical malpractice insurers hundreds of millions of dollars in payouts to families by shifting those costs onto Medicaid, which is funded by Florida and U.S. taxpayers. The news organizations will show how doctors and hospitals attempted to strip parents of their rights to make decisions for their children after those parents rejected NICA benefits in hopes of retaining the right to sue for malpractice. Citing “the complex nature of [the] subject matter,” Shipley, the executive director, and other administrators declined to speak directly with reporters, but they answered more than 100 questions by email. The program said lawmakers “created NICA to solve a specific challenge and it has done so very well.” “We are proud to manage one of the state’s most fiscally sound programs, maximizing the impact of every dollar,” NICA said. NICA said the program’s $1.5 billion in assets does not present the whole picture. Administrators calculate at least $1.05 billion in liabilities for future expenses to care for those in the program. “It is not ‘extra’ money to be spent freely,” administrators said, “but instead must be carefully managed by NICA to ensure that it is available to provide quality care for children in need.” Administrators quoted a 22-year-old report from the Archives of Pediatrics and Adolescent Medicine, now called JAMA Pediatrics, which said NICA recipients were more pleased with the care they got than parents of other disabled children who filed lawsuits. Not everyone is upset with the help NICA provides. In the early years after entering the program, Rock and Shawna Pollock fought with NICA constantly: over reimbursement for a blender, feeding bags, mileage to and from the hospital, home renovations and a device used to attach an iPad to their disabled son’s wheelchair, records show. “They’re trying to

nickel-and-dime us,” Rock Pollock said in a 2011 deposition involving his son’s case, echoing Acebo’s complaint almost to the letter. “Right now we’re living in hardship.” But in a December interview, Pollock said his relationship with NICA has improved, and he now owes much to the program, which has helped the couple provide for Rock Jr. “The only people that’s there for my family is NICA,” the elder Rock Pollock said. “They take care of him.” Susan Camacho’s grandson, Jesus Camacho, whom she is raising, also is a current NICA claimant. “NICA has never disappointed us,” she said. Modeled after a similar program in Virginia — the only other one in the nation — NICA emerged in an era when insurers blamed jury verdicts for escalating premiums on medical malpractice coverage for doctors, particularly obstetricians, whose errors could cause ruinous disabilities requiring a lifetime of care. At the time, the Legislature also passed several laws to clamp down on verdicts — which were reported to be as high as $6.2 million in 1991, and as much as $33 million in 2017 (in an instance where the doctor was not a NICA participant), for cases of catastrophic birth-related brain damage. In addition to creating NICA, the Legislature passed laws in 1988 requiring voluntary arbitration, and pre-suit investigations to establish negligence prior to filing a lawsuit. Lawmakers informally called the NICA legislation “the bad baby bill.” Newspapers adopted the moniker.

Protecting Doctors

Since NICA’s inception, 1,238 families have petitioned for coverage, an average of three claims per month. A little more than a third — 440 petitions — have been accepted for compensation. Of those approved, 143 children were deceased when their parents applied. Another 50 children died after their claim was approved. But if NICA was a trade-off, many parents say it was onesided. While the program provided discount-rate protections to doctors, hospitals and insurers, parents like Jamie Acebo believe it passed the pain onto them alone. Not only are NICA parents excluded from the program’s governance, but every member of the program’s board of directors, all men, has a stake in blocking reform. In addition to the chief operating officer of Florida’s largest malpractice insurer, The Doctors Company, NICA’s unpaid board includes two physicians, a hospital administrator and the board chairman, who is designated as the representative of Florida citizens. His day job is running an insurance agency. Board members did not respond to emails from reporters. There are two physicians on the board, both of whom are obstetricians who participate in the program. They were each involved in a delivery that led to a NICA-compensated claim. NICA, Acebo said, “wasn’t created for me. It wasn’t created for my kid.” She added, “They had all the power.”

NICA covers a specific type of injury to the brain or spinal cord of a newborn caused by oxygen deprivation during labor, delivery or immediately after birth. For NICA to compensate families in such cases, the newborn must weigh at least 2,500 grams (5.51 pounds) and the injury has to occur in a hospital. A child must be substantially impaired both physically and cognitively to qualify. If the doctor has paid a $5,000 annual premium and the hospital has paid a $50-per-birth fee, families are prevented from suing. Some parents fight to avoid the program by arguing that their child’s injuries don’t fit the criteria. That can lead to expensive court battles with dueling doctors and anguished parents. In the budget year ending on June 30, 2020, NICA earned six times as much in investment income, $124.6 million, as it spent on families of brain-damaged children: $19.8 million. The program called its fees to investment managers “reasonable for the level of assets under management.” Flush with cash, the program paid its lawyers $16.9 million between 1989 and 2020 — more than NICA spent, combined, on therapy and doctor and hospital visits for children during the same period, which was about $10 million. And unlike the standard settlement awarded to families, the money paid to NICA’s attorneys has increased over the years — from $75 an hour to as much as $400, depending on the assignment. The $100,000 lump sum paid to families dealing with hardship remains set at the same level as 1988, although it has half as much buying power. The $5,000 annual assessment for obstetricians is also the same as in 1988, even as the cost of every other type of insurance, including standard malpractice coverage, has gone up. Also unchanged is the program’s reliance on Medicaid. NICA

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has saved the state’s medical malpractice insurers hundreds of millions of dollars in payouts to families by shifting some of those costs onto Florida and U.S. taxpayers through Medicaid — though that policy is currently the subject of a pending whistle blower lawsuit in federal court.

“Bad Baby”

Jasmine Acebo was born on July 26, 1989, at 6:06 p.m. Her time in NICA dates back nearly to the program’s inception, making her mom — as much as anyone in Florida — an authority on the program, and her records, 4,639 pages of which were obtained by the Herald, an archive of its practices. Her mother recalls the birth vividly. Then barely 20, Acebo lay in her bed at Hollywood Memorial Hospital, groggy and exhausted. She had given birth for the first time two hours earlier, and she still hadn’t seen her baby. Her cousin, who was working a shift that night as a neonatal intensive care nurse, walked in. She wasn’t smiling. Even through the fog, Acebo could tell that a somber Madeline Otero wasn’t there to offer congratulations. “She had her nurse’s hat on,” Acebo said, “not her cousin’s hat.” She handed Acebo a Polaroid: A tiny newborn, lost in a tangle of tubes. A ventilator in her mouth. A drain from her stomach. An IV in her scalp, the only place nurses could find a vein. A heart monitor. Wires and cables. As the gravity of what she saw gripped her, Acebo silently prayed: Oh my God. Lord, save her. Heal her. Make her better so I can take her home. Heal my baby, please.

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In an April 1993 deposition that was part of the NICA screening process, NICA’s paid medical expert said that during Jasmine’s delivery the doctor trying to break Acebo’s water pierced the placenta that carried blood and oxygen to her brain. As her lifeblood drained away, so too did any chance for Jasmine having a normal life. What she would have in abundance — besides unrelenting pain — was her mother’s devotion. Jamie Acebo faced a future she could not comprehend. A friend, a paralegal who had just delivered a stillborn baby, made an appointment for Acebo to see a lawyer and accompanied her to the consultation. When Acebo described the case to the lawyer, he told her about NICA. In his sworn testimony, the NICA expert described how, most likely, Jasmine’s placenta was inadvertently punctured during an attempt to hasten labor. Her heart rate plummeted from the normal 140 beats per minute to 65. “That’s bad, isn’t it?” the expert witness was asked under oath. “It sure is,” he replied. “It’s as if they shut off the blood supply of this kid.” “They got what we would consider to be a less-than-optimal infant,” the expert said. In more stark language, he called Jasmine a “bad baby,” apparently referencing the law’s nickname. Frank Rainer, general counsel for Memorial Healthcare System, which owns the hospital where Jasmine was born, said in a prepared statement that “even with the best intent, the best medicine and the most skilled experts, there is still a possibility of a negative outcome anywhere in medicine.” He added: “High risk obstetrics has become a challenging service to provide in our community because of the small pool of highly specialized physicians available and the risk of costly litigation in this field.” Reporters were unable to reach the obstetrician who delivered Jasmine in 1989. Most children accepted into NICA are diagnosed with an injury called hypoxic-ischemic encephalopathy — one of Jasmine’s conditions — in which oxygen deprivation and limited blood flow cause damage to a baby’s brain during childbirth. The condition can result when the umbilical cord is wrapped around a baby’s neck or when a mother’s uterus ruptures. Delays in performing Cesarean sections can contribute to brain damage. When NICA was signed into law, Florida OB-GYN insurance premiums were among the highest in the country, especially in South Florida. NICA claims the program has reduced medical malpractice premiums for obstetricians from what they would otherwise be by between $62,000 and $88,000 a year — and $1,200 to $1,800 annually for all other doctors. An actuarial study of NICA reported by an organization of Florida OBGYNs in 2015 arrived at a similar conclusion, finding that the program saved obstetricians on average $57,535 a year in the cost of their malpractice insurance. That said, obstetricians in Miami-Dade and Broward counties still pay among the highest malpractice insurance

rates in the nation — higher than doctors in states without a NICA program. NICA said Florida continues to experience a medical liability crisis because of excessive lawsuits, but that “the situation is unquestionably better than it would have been if not for NICA.”

“Having Your Stomach Ripped Out”

R. Fred Lewis both defended and sued insurance companies before then-Gov. Lawton Chiles appointed him in 1998 to the Florida Supreme Court. He and his wife, Judy, also raised a severely disabled child, although one not covered by NICA. He likened learning of his daughter’s disabilities “to having your stomach ripped out.” “That pain of not knowing what will happen when you are not around — that is a devastating burden to carry,” Lewis said of his now-deceased daughter, Lindsay Marie. Lewis, now a law professor at Florida Southern College, called the claim that doctors were fleeing the state — the justification for NICA and other lawsuit restrictions — an “absolute lie.” “But if you tell a lie long enough and hard enough, people will believe it,” he said. Far from a loss of obstetrician-gynecologists, the number of Florida OB-GYNs actually grew from 546 in 1975 to 911 in 1983 to 1,047 in 1987, the year before NICA was adopted. That’s a 92% increase during a time when Florida’s population grew 70%. As of last June, the most recent tally, the number of Florida OBGYNs hovered around 2,000. NICA administrators, however, say there was “an actual exodus of obstetricians from the state’s hospital delivery rooms” before NICA’s passage as some chose to limit their practice to gynecological care. Lewis said NICA was in fact part of a broad-based state and national movement aimed at expelling jurors from the civil negligence system — an effort that sought to minimize compensation for plaintiffs by leaving justice in the hands of administrative judges, who are appointed by the governor and Cabinet and don’t answer to voters. “They are trying to do away with jury trials in the state, and I find it very troubling,” he said.

Just Say No

NICA says it is set up to pay families for the treatments and services they need. But an examination of thousands of pages of court records and internal documents found that the answer to many requests is no. A mother wanted a nurse to care for her child on the school bus. “NICA does not pay for nursing services at the school,” the program responded. A father requested a blender to puree fresh fruits, vegetables and meat for his 5-year-old son’s feeding tube. “We need a medical reason why [the child] needs blenderized food rather than baby food which is already pureed and available,” an administrator said. A parent asked for a higher electric bill subsidy during Florida’s sweltering summer. “AC is wonderful and we all want

it, but it is not medically necessary,” the director, Shipley, wrote. And NICA sometimes rejects a specific request from one family only to approve it for another family later. A case manager told Acebo that NICA could not pay Jasmine’s longtime personal nurse while Jasmine was hospitalized with gallstones in May 2016. This past year, the program offered to do exactly that for two other families whose children were hospitalized with COVID-19, calling the pandemic “extraordinary and unprecedented.” In its dispensing of care, NICA typifies much of the state’s effort on behalf of Floridians with special or critical health needs: Florida ranks near the bottom for virtually every measure of the state’s spending on services for people with disabilities. “NICA is set up like most insurance companies,” said Sean Shaw, who served as the state chief financial officer’s consumer advocate from 2008 through 2010. “It’s set up to not pay claims.” When deciding which requests to grant as “medically necessary,” NICA staff, including those with training in health care fields, often defer to Shipley. The executive director, paid $176,900 a year, is a former insurance claims adjuster and is not a doctor. Hired in 2002 at $118,000 a year, Shipley, who supervises a staff of 16, currently makes $30,000 more than the director of the state Agency for Persons with Disabilities, who heads a department with 2,700 employees. Though NICA may function like an insurance carrier, some of its practices exist practically nowhere else in the insurance world.

“That pain of not knowing what will happen when you are not around — that is a devastating burden to carry.” —Fred Lewis, NICA participant Nearly every time they submit a bill, parents are required to sign “perjury statements” attesting at the risk of criminal prosecution that they are not committing fraud. That includes minor invoices for blood work, medications and travel to doctor appointments. A mother complained to NICA about the suspicion she endured when trying to get reimbursed for her child’s medications: “She spoke for about six minutes straight as to how humiliating it is for her to deal with NICA” and “having to deal with employees who laugh at her and her troubles,” a case management log said. NICA said the perjury statements are a safeguard “to prevent health care fraud” after “unfortunate instances of some claimants falsifying documents and misrepresenting payments when seeking reimbursement.” The Herald asked the agency for examples of such fraud. NICA said it would not provide specifics. MAY 2021 • pointpubs.com

Trapped in Her Room

By the time she was 2, Jasmine had a permanent feeding tube and a tracheotomy to help her breathe. She constantly cried, and rarely slept, meaning Acebo rarely slept, “awakened by Jasmine’s gasping and choking,” the family’s lawyer wrote at the time. Jasmine required round-the-clock care. The entire family sacrificed for Jasmine’s needs. Jamie’s younger daughter and son missed family Thanksgiving dinners and her church’s Easter egg hunts. The younger daughter could never play on the school soccer team or be a cheerleader. Her son never got to join the football or basketball teams. From the day of Jasmine’s acceptance into NICA in June 1993, Acebo said administrators did virtually nothing on her behalf until either she or her daughter’s nurse begged them. By age 11, Jasmine had a pump for her feeding tube, a pulse oximeter, a tank of concentrated oxygen, a humidifier for her artificial airway, a nebulizer and other equipment paid for mostly by Medicaid. The family got a wheelchair-accessible van from NICA to transport Jasmine. When Jasmine was 13, she, Acebo and her 70-year-old grandmother were living in Acebo’s 993-square-foot childhood home in Hollywood, Florida. The hallways and bathroom were too tight for Jasmine’s wheelchair, requiring two people to lift her 73-pound frame. She was sponge-bathed in bed, and her hair was washed in the kitchen sink, Acebo wrote in a two-page letter to NICA, pleading for help in August 2002. “I love my daughter dearly and I am only requesting on her behalf a reasonable solution so that we can improve her quality of life and make her as comfortable as we possibly can make it for her.”

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Records show NICA paid for a home modification a year later. Over time, as Jasmine needed more medical equipment, Acebo’s electric bill spiked from about $100 per month to $500, she said. Acebo was struggling to hold a job and keep up with her bills. In 2007, the electric company threatened to shut off the power when her unpaid tab rose to $2,099, records show. NICA paid what was in arrears, then made Acebo pay the program back in twice-monthly $50 installments, records show. In an email to reporters, NICA called the “no-interest loan” a “goodwill gesture beyond the regular support provided to the family.” At the same time, NICA caseworkers offered Acebo an electricity offset of $25 per month for future power bills. It was then that NICA mentioned it could pay Acebo to care for her daughter at home. That was news to Acebo. For the first nine years of Jasmine’s life, Acebo said, Medicaid was paying for four hours of in-home nursing care daily, meaning that Acebo became her daughter’s de facto nurse the rest of the time, suctioning her artificial airway, filling her gastrostomy tube and managing other medical equipment. Now she learned that NICA could pay her a minimum-wage salary to stay at home and do those things. It had been that way for years. Acebo asked about back pay. NICA said no. Because her daughter needed constant supervision — and Jamie Acebo needed to sleep — Acebo retained in-home nursing. But the nurses she could hire at Medicaid’s low reimbursement rates often were unreliable, a common refrain among NICA parents hamstrung by the low payment schedules. In one 2006 instance, NICA’s case management log shows she called to report that “the night nurse was sound asleep, the humidifier was empty of water, the machine was very hot and Jasmine was having trouble breathing.” Some of Acebo’s greatest frustrations involved getting Jasmine from place to place: Acebo said, and NICA’s records largely confirm, that she struggled for years with wheelchairs that were too small for Jasmine’s expanding frame, with a stuck wheelchair lift on her van and with the van itself, which constantly broke down. NICA told reporters it bought Acebo a wheelchair in 1999 and adjusted it in 2001. Jasmine’s log noted four years later: “Old chair cannot be made any bigger.” “They kept modifying the same wheelchair,” Acebo said. “I’m telling them the wheelchair isn’t fitting her properly and they’re just sending out mobility companies, and the guy is coming out and saying, ‘Look, we can’t stretch it out anymore.’” NICA bought Jasmine a new wheelchair in February 2006, at a cost of $7,751, the log said. In the ensuing 11 years, Jasmine’s muscles and joints stiffened, a common condition

among people with cerebral palsy. Her legs gradually drew up, splaying her knees outward — and drawing her feet inward — as if in some cruel, lotus-like pose. It eventually became impossible for Jasmine to fit in the chair, Acebo said. There is no record of Jasmine getting another wheelchair. NICA administrators said they never turned down a request for a new wheelchair, but Acebo said NICA already knew Jasmine’s had reached its limit and could no longer be expanded. Jasmine, who had been taken for long wheelchair strolls around the neighborhood, even trick-or-treating in her previous one, became a captive, Acebo said. “She doesn’t go outside anymore. I don’t have a way to get her outside,” Acebo said she told NICA. Jasmine’s van was a similar story, Acebo said. In July 2002, NICA provided Acebo the modified van. By May 2005, the van’s wheelchair lift was broken, and it took nine months for the repairs — authorized and paid for by NICA — to be made, records show. After that, Acebo said the van was frequently inoperable, and it sat in her driveway corroding with rust. In April 2011, NICA signed over the van’s title to Acebo. “NICA will no longer pay repairs or insurance,” the log said. Henceforth, the notation added, the program would “pay for ambulance transportation for Jasmine when she needs to go to the doctor’s office.” NICA told the Herald that the van “went unused for long periods of time” and that Acebo “did not submit a request for another van.” Acebo said the van went unused because it was always broken. She said NICA knew Jasmine was entitled to a new van — or should have known. The handbook says vans will be replaced at “approximately 7 years or 150,000 miles.” Acebo’s was older than that. In response to questions from the Herald and ProPublica, NICA said that using ambulance rides instead of replacing the van was “a better fit for meeting the needs of the family, and that the family was pleased with this result.” Acebo said she was anything but pleased. Jasmine’s many doctor appointments were now especially challenging, Acebo said. She would call an ambulance or transport service to take Jasmine from her home to her North Miami Beach pediatrician. But the stretcher was too big to fit in the office elevator, and the doctor would descend to the lobby and examine Jasmine there — in front of strangers — or, alternatively, in a storage room. When Acebo complained to NICA about her daughter being on display, caseworkers suggested she find a doctor who would make house calls, she said. Acebo found a doctor whose office had wider elevators. One saving grace was that the ambulance rides were Jasmine’s sole contact with the outside world: sunlight streaking through the windows, a breezy gust before entering the building, people to watch in their go-to-work clothes. “Then she would come back home and go into that room,” Acebo said. In the fall of 2016, Jasmine developed her first pressure sores during hospitalizations for gallstones. Her doctor prescribed a specialized $900 air mattress to prevent the bedsores from

worsening, but Medicaid refused to pay. “I’m not going to have my kid suffer,” Acebo wrote to her caseworker, “while Medicaid jerks me around with all this red tape.” Acebo faxed over prescriptions and emailed color photos of her daughter’s wounds. Her caseworker replied in a Nov. 17, 2016, email: “Neither physicians orders, nor supplier-prepared statements, nor physician attestations by themselves provide sufficient documentation of medical necessity.” NICA agreed to pay the next week.

Fighting Parents

By strictly defining what medical care is necessary, NICA administrators were able to hold down costs. Asked by a NICA attorney what constitutes medical necessity, one of NICA’s pediatric neurology consultants offered this explanation in a 2005 sworn statement: “If it were not administered, there would be a worsening of a patient’s medical situation.” Parents, trying to give their children the comforts and care that other families take for granted, bristled. David and Esther Morgan encountered NICA’s interpretation of medical necessity in 1997. NICA refused to pay for a TV and VCR so 3-year-old Melinda Morgan, at the time enduring the misery of kidney stones and compression fractures on top of her profound birth injuries, could watch educational videos in her bed and, in the words of her behavioral therapist, “escape the pain and frustration of her physical condition.” Her father appealed and was grilled in a deposition by a lawyer from NICA, who asked him to swear that no one else in the family was watching the TV. Even with Morgan’s assurances, NICA rejected reimbursing the $500 cost of the TV and VCR. The family’s conflict with NICA would expand into a years long legal fight over an everincreasing list of issues, ranging from in-home nursing care to high electric bills to accessibility modifications for the Morgans’ home. NICA didn’t like the judge’s ruling, appealed, then settled in an agreement that remains secret except for the cost of the lawyers: $172,000. Despite the long slog through the courts, David Morgan still relies on NICA to help with his fragile, now 27-year-old daughter, and he has made his peace with the program. “NICA has turned out to be a lifesaver. I would be in total bankruptcy if it weren’t for NICA.”

“The Ills of Pandora’s Box”

NICA’s legal clash with Flor Carreras over a new therapy that could free her daughter from a lifetime attached to a feeding tube also included administrative hearings, entreaties to an appellate court — and a $2,009 trip to Costa Rica by NICA’s then-administrator and a consultant. Starved of oxygen in the womb, Maria Theodora Carreras was born in February 1989 with severe brain damage — years later, a neurologist wrote, she was still functioning at the “newborn” level — and dysphagia, a disorder that makes it difficult to swallow and causes chronic lung infections and recurring fevers. MAY 2021 • pointpubs.com

Carreras, who could not be reached by the Herald, found hope for Maria Theodora in a Hungary-based doctor who used electrical stimulation of the palate and throat muscles to help children overcome the disorder. Maria Theodora’s pediatrician and therapist recommended the therapy. She asked NICA to pay for it. NICA said no, warning in a legal pleading that approval would “literally unleash the ills of Pandora’s Box against the [program’s] funds.” Carreras took Maria Theodora to Budapest anyway and she then asked an administrative judge to make NICA reimburse her for the treatment and travel expenses. The judge wrote that Maria Theodora was later able to swallow water from a bottle, as well as bits of banana, mango and peaches. She also had fewer fevers, a stronger cough reflex, and less drooling and wheezing — evidence of decreased aspiration. Carreras’ determination to give her daughter the pleasure of eating would prompt a three-year legal battle — and a trip by NICA’s then-administrator, Lynn Larson, and a consultant to the former Miami family’s new home in Costa Rica to judge for themselves whether the girl had benefited. In December 1995, a Miami appeals court sided with Carreras, ordering NICA to pay for the treatment — and the litigation. Larson declined to discuss NICA, citing a nondisclosure agreement she signed when she left the program in 2002. At a Miami hearing that year, Maria Theodora’s pediatrician, Dr. Alberto Saenz Pacheco, accused NICA’s attorney of trying to force Carreras to abandon hope that her daughter might someday eat on her own. “You’re just condemning her to the tube feeding the rest of her life,” he said. The total bill for Maria Theodora’s treatment was $11,058. The fight over it: $80,000 in fees and costs for the family’s lawyers, whom NICA ultimately was ordered to pay, and about $44,000

that he didn’t think Kenney [Shipley] or I cared.” After the Lamperts appealed NICA’s denials, the program hired a Pompano Beach private investigator to shadow the family, which, by then, was in the process of moving to a suburb of Atlanta. The investigator billed for nine days of surveillance during two weeks in August 2005, including airfare, a hotel, rental car, meals and video, for a total of $10,387. The investigator reported the quotidian details of Celia Lampert’s life: Lampert takes her son to an appointment at Sunshine Therapy. Lampert takes Tyler to Wendy’s. Lampert walks her “two small dogs on leashes.” Lampert buys dinner at a Burger King drive-thru. Tyler and his mom visit Blockbuster Video. Tyler swims inside his hotel swimming pool and dries himself with a blue towel. Mother and son shop at Target and later eat at Chuck E. Cheese. Without addressing the Lamperts directly, NICA told the Herald it hired the investigator — the only time it did so — because the program “perceived inconsistencies between a child’s medical condition and [the] family’s requests related to the child’s condition.” The Lamperts’ battles with NICA included requests for a wheelchair, as well as a therapy designed to improve the muscle tone in Tyler’s arm — which NICA rejected. In an August 2005 order, an administrative judge said that, in denying the wheelchair, NICA “failed to objectively consider Tyler’s limitations, and overlooked the testimony” of its own expert — who had said a wheelchair was “appropriate for [Tyler’s] use.” A fight over compensation for the Lamperts’ caregiving hours prompted more litigation, beginning with a 2006 classaction lawsuit filed on behalf of NICA families by Tampa lawyer David Caldevilla. The suit sought to enforce the law requiring NICA to pay parents for the time they spent as unpaid nurses

The total bill for Maria Theodora’s treatment was $11,058. The fight over it: $80,000 in fees and costs for the family’s lawyers, whom NICA ultimately was ordered to pay, and about $44,000 for NICA’s own lawyers. for NICA’s own lawyers. Celia and Curt Lampert’s 23-year battle with NICA has so far included three appeals to the Division of Administrative Hearings, a class-action lawsuit and two trips to the First District Court of Appeal in Tallahassee. The family’s relationship with their son Tyler’s health care provider became so antagonistic that NICA twice hired a private investigator to tail them. The Lamperts declined to discuss Tyler or NICA, but documents detailing the agency’s history with the family show NICA administrators were suspicious that the parents were exaggerating Tyler’s needs. In December 2003, Curt Lampert called NICA’s claims manager. “He is upset because he feels that we are playing God with his son’s health,” said the log entry. “He went on to state

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— even as some of them had been forced to quit their jobs to perform that role. Fifteen months after the lawsuit’s settlement in November 2012, Shipley told the Lamperts they were eligible for up to 12 hours per day of paid caregiving. But the administrator rescinded the offer amid a disagreement over how much care Tyler required and whether the couple was owed back pay. In 2015, Administrative Judge Barbara Staros ordered NICA to restore the original offer of 12 hours of paid daily caregiving. In a footnote, Staros weighed in on one of NICA’s accusations against Celia Lampert, whose zealous advocacy for her son had so bedeviled NICA. She wrote: “NICA’s characterization of Mrs. Lampert’s role in Tyler’s [care] as ‘over-active involvement and manipulation’ is rejected.”

Over 11 years, the class-action battle cost NICA $2.8 million, spread among 10 law firms. NICA was also forced to pay Caldevilla $96,610 in legal fees and costs for representing the Lamperts. NICA has spent $412,986 in legal fees battling with Tyler’s family, some of which is included in the $2.8 million. That means, in total, NICA has spent just shy of a half-million dollars in litigation wars with the Lamperts.

“Without Care or Kindness”

NICA administrators and their allies long have maintained that families were satisfied with the program and grateful they were spared the uncertainty and heartache of a protracted malpractice litigation. “Recipients are seen to be receiving excellent care, and participating families are overwhelmingly satisfied with the level of service, and they support the system,” the Florida Obstetric and Gynecologic Society wrote in a February 2007 report. NICA’s own records over the past two decades raise doubts. Around 2001, seven NICA families complained to the state’s insurance commissioner. They said Larson, executive director at the time, never disclosed the benefits they were entitled to receive, failed to meet some “covered needs” and showed “favoritism” in dispensing care, minutes of a NICA board meeting say. A survey by the Florida Insurance Commission at the time found that more than two-thirds of NICA families polled reported they “were treated without care or kindness.” Shipley was hired the next year, the program said, and made several changes, including developing NICA’s website, producing the program’s first benefits handbook and ensuring parents knew about some benefits, such as reimbursement for gas and mileage. Another round of complaints — this time to lawmakers — prompted a second survey. But this one, completed in 2012, reached a far different conclusion: that most NICA families were happy. The survey noted that many parents wanted NICA to switch to direct deposit for reimbursement and caregiving checks, and that many families found the program’s benefits handbook “confusing.” It took seven years after that for NICA to make electronic banking available to families. The agency said the process was time-consuming and required multiple security measures to protect sensitive information. The two surveys had key differences: About 85% of NICA parents responded to the first survey. Half of the families ignored the second one. And while the first survey was administered by the state insurance commissioner, the second was done by one of NICA’s lobbyists, whose firm has been paid more than $440,000 since 2011 to represent the program. In 2017, the parents of Delaina Parrish — a NICA child

who astonished and delighted doctors by graduating from college last year and launching a career despite her physical disabilities — attended a board meeting to urge administrators and board members to “help families.” Patricia and Jesse Parrish said NICA staff was “denial-driven,” not motivated by compassion, wouldn’t publish meeting dates and set arbitrary limits on what they’ll pay for. The Herald asked the Parrishes late last year if the program has improved since then. Patricia Parrish said she is disappointed NICA still has not added a parent to the board, doesn’t inform parents of new benefits and won’t encourage other parents to attend meetings and offer input. She said: “Why do they get to play God?” Though unable to communicate verbally, Delaina Parrish uses a computer that tracks the movement of her eyes and generates words and sentences on a monitor or through an automated voice. The technology was provided by the manufacturer, not NICA. Now 23, the University of Florida grad has a consulting business and a platform from which to advocate for others with disabilities. She was accepted into NICA when doctors believed it was likely that the 11 minutes she was deprived of oxygen at birth, requiring resuscitation, would impair her mind, as well as her body. But Parrish’s intellect is as vibrant as any. In a recent interview, Parrish said the program looks only at “what is required at the minimum” when deciding whether to help those in its care. “If we don’t have their financial support,” she added, “we can’t live our best lives.” NICA disputes that administrators don’t make families aware of their benefits and options. The program “regularly informs families in advance about care and services that might improve their situation,” administrators said. As an example, the program noted it offered last year to buy $29,000 robotic “exoskeleton” suits to help some children strengthen the muscles in their legs. “NICA staff contacted all families with a child who could benefit from” the technology, MAY 2021 • pointpubs.com

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NICA said, “and then assisted them with the process to get this new equipment capable of improving their daily lives.” Five clients have gotten them so far, NICA said. The publicist NICA hired to burnish its image urged news organizations to publish stories about the device. Shipley, the executive director, said in an email to the technology’s developer that NICA was “looking to do a positive news story” about the equipment. In the months after NICA hired its media consultant, the program did something it had resisted for most of its 33 years: It considered legislative change. Once before, lawmakers introduced a bill that would have required NICA to operate with greater transparency and “in a manner that promotes and protects the health and best interests of children” in its care. That bill, in 2013, required NICA to inform families in writing each year of the “types and full amounts of benefits available from the plan for the injured child’s” projected needs. And it proposed adding a NICA parent or guardian, as well as a Florida lawyer, to the board of directors. That’s the legislation that Shipley dismissed as “pretty silly” in a 2013 email to NICA’s lobbyists. One board member warned that while the proposals “sound innocuous,” they could result in “all sorts of bad law” being forced upon the program. Another board member wrote: “If it’s not broken, don’t fix it.” The bill died in committee. Now, with the public relations firm brought into the fold after the Herald submitted a series of public records requests and questions to NICA, the agency is proposing legislation. It would increase the one-time parental award from $100,000 to $250,000. The bill was amended to raise the death benefit from $10,000 to $50,000. Even if it isn’t approved, the proposal could serve a second purpose, one of NICA’s publicists noted in a February 2020 internal email: “Making a public announcement about [it] would help greatly to insulate NICA against media criticism.”

A Rented Casket

Every year, Jamie Acebo wondered if it would be her daughter’s last. Her last birthday. Her final Christmas. The last time hearing her siblings tease each other around the dinner table. In the spring of 2016, Jasmine was hospitalized with gallstones. Jamie Acebo had other children at home, so she arranged for Jasmine’s nurse to work her shift at the hospital, ensuring Jasmine was repositioned and bathed, her airway suctioned, her feeding pump refilled properly. Acebo and Jasmine’s nurses recognized the subtle, nonverbal signs others missed: Jasmine would grind her teeth and bite her lips when she needed medicine for the pain. That was the only way they knew, and could ask for pain medication. When NICA administrators found out about the NICApaid nurse deployed to the hospital, they moved to claw back $2,240 from Acebo — money she didn’t have. “We are not required to pay a private professional

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Docks • Piles • Seawalls • Environmental Diving caregiver during a hospital stay,” Shipley wrote. After an attorney pleaded Acebo’s case, Shipley offered to let Acebo repay the money in $25 weekly installments. In the winter of 2017, Jasmine was hospitalized again with gallstones, and her prognosis wasn’t good. Because of Jasmine’s fragile state — and her profound disabilities — none of Jasmine’s doctors was willing to perform necessary surgery. “Right now it’s in the hands of God,” Acebo wrote in a Feb. 27, 2017, email to her caseworker. Acebo said she was repeatedly encouraged to sign a “do not resuscitate” order. Jasmine’s mom said, and wrote in emails at the time, that one of the doctors reminded her that Jasmine was “not a productive member of society” and had, in any event, exceeded all expectations by living more than a quarter-century. “You know, she’s had a lot of miracles, and I think hers are just about up,” Acebo said she was told by one of Jasmine’s doctors. Acebo’s answer: “If God wants her, he’s going to have to come and get her, because I’m not signing a DNR.” But as Jasmine’s condition worsened, doctors warned Acebo that the stress of reviving her would result in cracked ribs, one more excruciating indignity for a daughter who had endured them all her life. On March 19, 2017, Acebo signed the DNR. She held Jasmine’s hands, stroked her face and whispered, “Mommy loves you.” “You don’t have to fight for me no more,” Acebo said. “You can go home.” “And, once I said that, the monitors just started to go down.” The last entry in Jasmine’s NICA case management log is a payment to a funeral home. Even in Jasmine’s death, Acebo felt betrayed by the program. Acebo was left with a choice: She could afford a funeral, or a burial, but not both. The $10,000 NICA pays as a death benefit was adopted in 2003, nearly two decades ago. Costs have gone up. Though Acebo’s Baptist faith eschews cremation, it was the only choice she could make — a casket burial was beyond her means, she said. For $3,500, she rented a casket, which was returned after the service. Jasmine was then cremated. Jasmine’s ashes rest in an urn atop the dresser in Acebo’s bedroom in her Pembroke Pines home. NICA administrators told the grieving mom to forget about the remainder of the $25-a-month repayments. On the day after Jasmine died, Jamie Acebo received an email from NICA. Administrators were mailing Acebo her final paycheck for her time taking care of Jasmine. Total earned: $1,050.00. But NICA was not yet paying by direct deposit, despite parents clamoring for that in the survey five years earlier. Acebo received her checks by FedEx, and the delivery service costs had piled up. NICA insisted on being reimbursed. NICA deducted $332.92 for three months of FedEx charges, whittling her final paycheck down to $717.08. Y

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KEY $ Inexpensive (under $20) $$ Moderate ($21-$40) $$$ Expensive ($41-$65) $$$$ Pricey (over $65)

POMPANO BEACH And Fish Kitchen + Bar. SEAFOOD Located at the Marriott Pompano Beach Resort & Spa, enjoy a modern take on fresh seafood. The restaurant has recently been renovated and now sports a contemporary and breezy ambiance. 1200 N. Ocean Blvd., 954-782-0100 $$ Anthony’s Coal Fired Pizza. ITALIAN • PIZZA • WINGS You can credit this place with bringing the whole “coal-fired pizza craze” to South Florida. Pizza and chicken wings — do you need any more? Try the cauliflower pizza — good and good for you. 1203 S. Federal Highway, 954-942-5550 $$ The Beach Grille. AMERICAN Delicious eats near the beach with the capability to order online. 3414 E Atlantic Blvd., 954-946-6000 $ Beach House. AMERICAN • CRAFT COCKTAILS This is the perfect place to take out-of-town guests. Snag one of the stadium seating style booths overlooking the Atlantic. Enjoy the casual and relaxed ambiance with a rooftop deck on the second floor. 270 N Pompano Beach Blvd. 954607-6530 $$ Bella Roma Italian Restaurant & Pizzeria. ITALIAN • PIZZA Tasty dishes large portions,. Delivery is available. 40 SW 15th St., 954-7843696 $$ Bobby Rubino’s. BARBECUE • AMERICAN Specials and coupons are posted daily, and catering is available. The restaurant also has a large bar room where you can dine at the bar or booths. This place is a Pompano Beach icon. 2501 N. Federal Highway, 954-781-7550 $$ Brew Fish. BAR AND GRILL Dine outside in the tiki hut overlooking a canal right in Pompano Beach. Comprehensive menu and attentive staff. 200 E. McNab Rd., 954-440-3347 $$ Briny Irish Pub. IRISH • BAR FOOD At the end of East Atlantic Boulevard, steps from the ocean, is Briny Irish Pub. There is a large beer selection plus the regular and, dare we say, unique mixed drinks. The kitchen offers an array of bar food as well as some classics like bangers and mash and fish-n-chips. The casual atmosphere is created by an immense array of nautical artifacts and oddities that fill every inch of the pub. Music plays constantly, often live with a dance floor if one is inclined. 3440 E. Atlantic Blvd., 954-942-3159 $ Bru’s Room Sports Grill. AMERICAN This spot is home to the Florida State Booster Club of Broward County. Wings and plenty of bar food is available. 235 S. Federal Highway, 954-785-2227 $ Calypso Restaurant and Raw Bar. CARIBBEAN Since they opened their doors in 1990, Calypso has been a local favorite. This gem of a restaurant is known for its fresh, wild caught fish, Bahamian conch dishes, Jamaican jerk and American favorites all served with an island flair. On any given day, look around and you’ll see fellow diners devouring their house special cutter (sandwich) — sautéed shrimp with garlic butter, mushrooms and cheddar all stuffed into a hollowed-out kaiser roll. Check out the special board for a variety of locally caught fish with everything from grouper to snapper to wahoo among others. Wash it all down with a draft beer, a glass of wine or choose from over 40 different bottled beers. So, if you are in search of high-quality

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ingredients, inventive cooking and a very welcoming staff, head over to Calypso. 460 S. Cypress Road, 954-942-1633 $$ Casareccio Trattoria Italiana. ITALIAN Wow! What a find. This small but impressive Italian eatery is delightful. We can’t really tell you what to try because the menu changes daily. However, we are willing to bet you will fall in love with this place which feels like it just plopped into Pompano straight from the hills of Tuscany. Reservations are highly recommended. Also, call ahead to see what they are serving. 1386 S.Federal Highway, 954-998-3642 $$$-$$$$ Checkers Old Munchen. GERMAN For a traditional German meal, try the wiener schnitzel — it’s divine — a lightly breaded veal cutlet sautéed in lemon butter and topped with homemade brown gravy. The spaetzle (German noodles) are a real homemade treat and not to be missed — throw a little of that brown gravy on them and they could be a meal unto themselves. The red cabbage is both classically sweet and sour and there are other side options too including potato dumplings, potato salad and even hot potato salad. 2209 E. Atlantic Blvd., 954-785-7565 $$ Chef Dee’s. SUSHI • SEAFOOD A small neighborhood place with plenty of charm. Impressive sushi rolls and a varied menu with something for everyone. 3919 N. Federal Highway., 954-582-4444 $$ Dangerous Minds Brewing Co., BREWERY • ARTISANAL PIZZA Dangerous Minds is more than just a brewery. This spot at Pompano Citi Centre offers artisanal pizzas made from scratch using double-zero Italian flour. Their specialty is a Scotch egg which is a soft boiled egg wrapped in homemade sausage and then fried until crispy on the outside. But back to the brewery — all the beers are brewed on-site and owners Adam and Andre hale from Germany and England — two countries steeped in beer tradition. 1901 N Federal Highway, 954-6578676 $-$$ Darrel & Oliver’s Cafe Maxx. INTERNATIONAL This restaurant is an anchor of the South Florida fine dining scene. 2601 E. Atlantic Blvd., 954-782-0606 $$$$ Deep Oceanfront Dining & Bar. AMERICAN Beach front dining at the Beachcomber Resort — go for the view. Open for breakfast lunch and dinner. 1200 S. Ocean Blvd. 954-941-7830 $$$ Deccan Spice. INDIAN Take your pick from classic dishes like chicken tikka and all sorts of biryani and curry dishes to some Indo-Chinese twists like crunchy stir-fried noodles. There are plenty of vegetarian options on this menu to choose from too, and of course, many variations on naan — Indian flatbread. 1149 S.Federal Highway, 954-3661847 $$ Di Farina Pasta Factory & Restaurant. ITALIAN We all know that fresh cut pasta is superior to the dried variety we have become accustomed to. But making pasta from scratch is a process. But what if you could just pick it up nearby or even have it delivered. Dreams do come true. Di Farina offers a variety of freshly made pasta to go. And if you can’t even be bothered to make a sauce, they’ve got 19 from which to choose. The restaurant also has a full menu of Italian favorites. 1915 E. Atlantic Blvd., 954-953-6771 $$

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2403 State Road 7, Margate • 2313 N Federal Hwy, Pompano In Pompano, NW Corner of Federal & Copans, in front of AMC. annemaries_pizzacompany

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Fresh local fish, ocean dishes and seafood salads.

Dining Out Flanigan’s Seafood Bar & Grill. SEAFOOD • AMERICAN Enjoy a deal every day. 2500 E. Atlantic Blvd., 954-943-3762 $$ The Foundry. AMERICAN • CONTINENTAL Seating options galore, from bar seating to lounge seating and old-fashioned casual dining seating. 2781 E. Atlantic Blvd., 754-205-6977 $$ Galuppi’s. AMERICAN What could be more entertaining than watching golfers swing and blimps ascend as you sip a drink at an outdoor bar? 1103 N. Federal Highway, 954-785-0226 $ Gianni’s Italian Restaurant. ITALIAN Enjoy traditional Italian fare at this family-owned and operated establishment, serving everything from pasta to gourmet specialties like Chicken Gianni’s and fresh seafood. Pair your dish with a bottle of wine or cocktail from their full bar. They also offer daily lunch specials Monday – Friday starting at $9.95. Don’t skip the romaine salad with the blue cheese. 1601 E. Atlantic Blvd., 954-942-1733 $$

Caribbean-inspired fresh fish and seafood cuisine in a casual ambiance. 954-942-1633 • CalypsoRestaurant.com

460 S Cypress Rd, Pompano Beach, FL 33060

Great Indian Grill. INDIAN If you like Indian food, this place should go on your “must-try” list. Everything we sampled (and we ate quite a bit) was packed with tantalizing Indian spices and flavors representing the many different regional styles of Indian cooking.. 2692 E Atlantic Blvd., 954-532-7872 $$ The Gyro Joint. MIDDLE EASTERN Eat in or carry out. It’s all Greek to me. 165 S. Cypress Road, 954-946-9199 $ Houston’s. AMERICAN Enjoy this contemporary eatery for lunch or dinner. Outdoor bar and seating on the Intracoastal available. 2821 E. Atlantic Blvd., 954-783-9499 $$$ J Mark’s. AMERICAN A relaxing, modern restaurant and bar with food and service to match. 1490 NE 23rd St., 954-782-7000 $$$ Kabuki. JAPANESE • THAI Kabuki offers a full menu of Thai and Japanese entrées plus classic and specialty sushi rolls all in a hip and modern setting. 2515 E Atlantic Blvd., 954-951-6077 $$

New Yo r Thin C k Style rust Piz za Dine In • Take Out • Delivery* *(Minimum Delivery $10.00)

We cater ALL occasions Open Daily Monday-Saturday: 11am - 10pm Sunday: 4pm - 10pm

954-941-0550 • LittleItalianPizza.net 448 S. Cypress Road, Pompano Beach

Kin Asian Street Food. ASIAN • SUSHI Enjoy everything from inventive takes on ramen soups with pork belly and a jammy egg to original the rice bowls. We swooned over the shiitake buns, mushrooms with pickled sour mustard, ground peanuts and cilantro all on a steamed rice bun. 143 SW Sixth St., 954-532-4567 $$ La Veranda. ITALIAN The atmosphere is elegant, yet comfortable and warm. Inside or out, one can enjoy a truly special evening in the Tuscany-inspired surroundings. There is a big selection of pasta, entrées and traditional dishes, with new favorites to be discovered that the wait staff will happily explain. You can taste the love in their homemade desserts. If you’re looking to celebrate or simply treat yourself to an evening of wonderful dining, La Veranda is an excellent choice. Reservations are suggested. 2121 E. Atlantic Blvd., 954-943-7390 $$$ Legends Tavern and Grille. AMERICAN Enjoy gastropub fare including sandwiches, burgers, wings, salads and a huge choice of appetizers. 10 SW Sixth St.$-$$ Lucky Fish Beach Bar + Grill. AMERICAN It’s places like Lucky’s that make you happy you live in South Florida. This tiki bar by the sea (just south of the pier) offers simple eats, some top-notch people watching all with an ocean view. A meal or drink at Lucky’s is a laid back dining experience — which might just be what the doctor ordered. The menu includes classic snack foods like coconut shrimp and fish dip to tuna poke nachos. There’s also salads, sandwiches and smash burgers. You can also order to go for a picnic on the beach. 222 N Pompano Beach Blvd. $ Miami Masala. INDIAN Enjoy classic Indian dishes as well as a few more modern ones with an Indian twist. The stuffed Hungarian peppers appetizer, while not being a classic Indian dish, had all the flavors fans of the cuisine crave. 900 E Atlantic Blvd., 954-317-1371 $$

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Mora Grill. MEDITERRANEAN This cozy yet modern spot is open for lunch and dinner. The menu includes a range of Mediterranean favorites from kebobs to gyros and more. They offer lunch specials ranging in price form $9-11 and family-style platters for six people served with appetizers, salads, kebobs, rice and vegetables for $115. 3428 E. Atlantic Blvd, 954-933-2003 $$ Nikki’s Greek Kitchen. CONTINENTAL Enjoy salads and entrées all with a slight Mediterranean influence including housemade hummus and tzatsiki, gyros, spinach pie and more. Have dinner and take a stroll — it’s why we live here, people. 1 N. Ocean Blvd., Ste. 102, (on the northwest corner of Atlantic Boulevard and A1A on the ground floor of the Oceanside One building) 954-401-3131 $$-$$$ Oceanic. AMERICAN • SEAFOOD Along with stunning ocean views, the restaurant offers a comprehensive menu with an emphasis on seafood. The restaurant boasts dazzling architecture inspired by the great ocean liners of years past. And with sweeping views of the Atlantic, dining at Oceanic is almost like a mini stay-cation. Their hours are Sunday, 10am-10pm; Monday-Thursday, 11:30am-10pm; Friday 11:30am-11pm; Saturday, 10am-11pm, 250 N. Pompano Beach Blvd., 954-366-3768 Pho Lavie. VIETNAMESE This spot will delight you. Everything is so fresh. Go and have some pho (Vietnamese noodle soup), you’ll thank us. 3321 N. Federal Highway, 954-941-4155 $$ Ruby’s by the Sea. ITALIAN Tucked away in a small strip mall near the Hillsboro inlet is Ruby’s serving classic Italian fare. 2608 N. Ocean Blvd., 954-785-7700 $$ Rusty Hook Tavern. AMERICAN Located on the Pompano Intracoast-

al, sit inside or outside, just keep in mind that the word tavern means a local place to gather around the table. 125 N. Riverside Drive, 954941-2499 $$ Saito Japanese Steakhouse. JAPANESE This Japanese steakhouse offers a variety of entrees including teriyaki dishes, tempura and sushi. Diners can choose to sit at the sushi bar or they can enjoy hibachi style dining. The restaurant has a comprehensive cocktail menu as well with 20 different kinds of martinis. 2101 N Federal Highway, suite 208, 954945-8888 $$ Sands Harbor Patio Restaurant. AMERICAN Located in the Sands Harbor Hotel and Marina on the intracoastal, you can dine poolside or waterside, either way, you better know how to swim. 125 N. Riverside Drive, 954-942-9100 $$ Seaside Grill. SEAFOOD • AMERICAN Enjoy a view of the Atlantic while enjoying fresh seafood and an iced cold cocktail. Don’t worry if you’re not a fish lover — there are plenty of entrée choices from the land. Located at Lighthouse Cove Resort on the ocean. 1406 N. Ocean Blvd., 954-783-3193 $$ Shishka Lebanese Grill. MIDDLE EASTERN It’s not easy to make a good falafel (chick peas, fava beans garlic and cilantro seasoned and deep fried, served with tahini sauce) but the ones at Shishka are worth every single calorie. There are plenty of other choices too from the classic hummus to baba ghanouj to chicken and meat shawarma. 1901 N. Federal Highway, 954-943-2999 $$ Spanx the Hog BBQ. BARBECUE Spanx uses natural ingredients and offers dine in, take out, and custom catering. 147 S. Cypress Road. 954590-8342 $

SEASIDE AND GRILL Casual restaurant offering beachside dining, delicious seafood and steaks. Local Delivery Available! Order on www.seasidegrill.com 954.783.3193 1406 N. Ocean Boulevard, Pompano Beach MAY 2021 • pointpubs.com

Family Owned & Operated SINCE 1989

Dining Out Sunset Catch. ITALIAN • SEAFOOD Seafood, steaks and Italian favorites are served daily, and they even have their very own “wine doctor.” 101 N. Riverside Drive, 954-545-0901 $$ Table 2201. MEDITERRANEAN Everything at Table 2201 is made on the premises — even the desserts. Start with the pygros, a tower of eggplant, potatoes and ground beef topped with a cool yogurt sauce. 2201 E. Atlantic Blvd., 718-600-2236 $$ Trattoria Novello. ITALIAN This intimate Italian eatery on Atlantic Boulevard features homemade lasagna, ravioli, cannelloni and a Bolognese ragu that cooks for eight hours on the stove. 2665 East Atlantic Blvd., 954-876-1915 $$$ Umberto’s of Long Island. ITALIAN • PIZZA When a pizza is named Grandma’s Pizza — you must order it. And trust us, you won’t regret it. There is family tradition baked into every bite. 2780 E. Atlantic Blvd., 954-784-7110 $$

OUTDOOR DINING & TAKE-OUT AVAILABLE 1601 E. Atlantic Blvd., Pompano Beach (954) 942-1733 • giannisitalianrestaurant.com MON-THURS 11am-3pm & 4-9pm FRI 11am-3pm & 4-9:30pm SAT 4-9:30pm SUN 4-9pm

Valentino’s Italian Cuisine. ITALIAN • PIZZA An abundance of Italian fare served for lunch or dinner. If you can’t make it over to dine in, fret not, they offer free delivery. 427 S. Federal Highway, 954-545-4881 $$ Zuccarelli. ITALIAN • PIZZA This place is more than just a pizza joint. From eggplant Parmesan to shrimp fra diavolo, you will leave quite satisfied. The portions are generous and come with a fresh house salad. Bring your breath mints because their warm garlic rolls are on point. 1340 N. Federal Highway, 954-941-1261 $

LIGHTHOUSE POINT Bonefish Mac’s Sports Grill. AMERICAN Bar food and wide array of televised sports games with a game room for kids. 2002 E Sample Road, 954-781-6227 $ Cap’s Place. SEAFOOD Lighthouse Point’s own hidden seafood joint dating back to prohibition. Take the short boat ride over to the restaurant. 2765 NE 28th Court, 954-941-0418 $$$ Fetta Republic. GREEK Traditional Greek offerings close to home. 2420 N. Federal Highway, 954-933-2394 $-$$ Fish Shack. SEAFOOD This restaurant used to be a “beat kept secret.” But now that they have moved into the Shoppes at Beacon Light, word is out. The fish shack keeps it simple, serving fresh fish prepared several ways. There is more to the menu but it is called The Fish Shack. 2460 N. Federal Highway, 954-586-4105 $$ Le Bistro. CONTINENTAL Professional chef, Andy Trousdale serves up both classics and inventive new dishes at this little neighborhood gem. Fresh and local produce is always used and vegetarian, dairy free and gluten free menu items are available. And here’s a note to the wise; the porcini mushroom soup is worth every calorie. The restaurant also offers cooking classes and wine tasting dinners. 4626 N. Federal Highway, 954-946-9240 $$$

Expires 6/30/21. Participating locations only. Extra toppings chicken, meatballs & steak substitutions, extra dipping sauces and dressings, tax and delivery additional. Must present coupon. Cannot be combined with any other coupon! Prices subject to change without notice. Nutrition information available at JetsPizza.com/Nutrition

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Legends Tavern and Grille. AMERICAN Enjoy gastropub fare including sandwiches, burgers, wings, salads and a huge choice of appetizers. 3128 N Federal Highway, 754-220-8932 The Nauti Dawg Marina Café. AMERICAN Nestled in at the Lighthouse Point Marina, the Nauti Dawg is a local favorite. Start with the tuna wontons—crispy fried wonton wrappers topped with tuna tartare, seaweed salad, red pepper mayo, wasabi and a hit of sriracha. You can’t go wrong with the fresh fish sandwich—ask what the catch of the day is. All sandwiches come with a side and, while French fries are always a delicious option, the restaurant offers a tangy cucumber salad (among other choices) that provides a nice crunch to any sandwich. They are a dog-friendly restaurant. 2830 NE 29th Ave. (at the Lighthouse Point Marina), 954-941-0246 $$

Papa’s Raw Bar. SUSHI • SEAFOOD The menu goes way beyond typical raw bar offerings with inventive tacos and sliders. Papa’s also offers an impressive array of sushi and sashimi. And to wash it all down, they have about a zillion craft beer options and a good wine list too. 4610 N. Federal Highway, 754-307-5034 $$-$$$ Rocca Trattoria. ITALIAN A small and intimate neighborhood place. Watch owner and chef Lucy prepare your favorite dishes in the open kitchen. 2014 E Sample Road, 954-8761733 $$$

Fast & Casual

POMPANO BEACH Fast & Casual

Brendans. BAR AND GRILL Burgers, wings and more — you get the picture. 868 N. Federal Highway, 954-786-0033 $ Big Louie’s. ITALIAN • PIZZA A South Florida chain offering classic Italian dishes. 2190 N. Federal Highway, 954-942-5510 $ Borogodo Brazilian Grill. BRAZILIAN Open for lunch Monday-Friday 11am-4:30pm; Saturday 11am-5:30pm. 7 SE 22nd Ave., 954-782-8040 $ Broad Street Deli. BREAKFAST • DELICATESSEN Jewish style deli sandwiches, subs, wraps homemade soups, breakfast, bagels and homemade baked knishes. 2657 E. Atlantic Blvd., 954-816-9649 $ Cafe Brie. SANDWICHES • SALADS A little gem of a place that serves fantastic sandwiches, salads, quiche and desserts. 2765 E. Atlantic Blvd., 954-532-7800 $ Cafe Sportivo. CAFE Cash only, but don’t let that stop you. They are family owned and operated with a variety of espresso drinks. 2219 E. Atlantic Blvd., 954-782-6672 $

Anne Marie’s Pizza and Wine Co. ITALIAN Whether you are looking to grab a quick slice or enjoy a much needed date night, Anne Marie’s fits the bill. Enjoy a cheesy slice of New York style pizza, bruschetta or classic chicken Francese. Anne Marie’s offers wine club memberships where customers have bottles delivered and also purchase excellent wines at wholesale prices. A popular option at Anne Marie’s is the quattro pack — for $29.95 it includes any four 10-inch pizzas plus an order of garlic rolls — perfect for families who can’t agree on the toppings. 2313 N. Federal Highway, Pompano Beach 954-590-2100. $-$$

Carlucci’s Brick Oven Trattoria & Pizzeria. ITALIAN Italian favorites and brick oven pizza at the beach. Open lunch and dinner Monday-Thursday 11am-10pm, Friday-Saturday 11am-11pm, Sunday 12-10pm. 3420 E. Atlantic Blvd., 954-946-3150 $$

Asian Deluxe Cuisine. ASIAN A new and convenient spot for some grab and go favorites. From small bites like crab Rangoon and goyza to a variety of curry and noodle dishes. 2608 N Ocean Blvd., 954960-5060 $$

Dandee Donut Factory. BAKERY • PASTRIES From the classic old fashioned sour cream to Boston cream, these babies are just begging to be dunked. Bagels, breakfast and lunch also available. 1900 E. Atlantic Blvd., 954-785-1461 $

Chez Cafe. COFFEE • BAKERY A warm and cozy place to grab breakfast, lunch or a latte. 1631 S. Cypress Road, 954-933-3453 $

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Dining Out Five Girls. BURGERS • PIZZA Check out this cozy, neighborhood joint. Five Girls offers all the classics you crave including burgers, hand cut fries and the owner’s favorite Philadelphia cheesesteaks. 2659 E. Atlantic Blvd., 954-783-8889 $ Jet’s Pizza. PIZZA Try one of the specialty pizzas such as Philly cheese steak with Alfredo sauce or the BLT. 437 E. Atlantic Blvd., 954782-5387 $

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Jukebox Diner. DINER Bright, classic seating, jukeboxes, and that old-school diner feel. 2773 E. Atlantic Blvd., 954-960-5882 $ Lighthouse Cove Tiki Bar. AMERICAN Seaside eats and happy hours. 1406 N. Ocean Blvd., 954-784-2804 $$ Little Italian. PIZZA Little Italian Pizza is the best kind of Italian restaurant — the kind that feels like a hole-in-the-wall, but quickly grows vibrant as the large, steaming plates of homestyle Italian dishes come barreling out of the kitchen. The restaurant grinds their own sausage and bakes their own dough daily. While the small restaurant (with only about six cozy tables) doesn’t serve alcohol, they do allow BYOB (and there’s a liquor store conveniently located right next door). Families bring in bottles of red wine to cork, creating a joyous atmosphere. The restaurant has a huge menu with stromboli, calzone, soups, salads, subs, 26 kinds of specialty pizzas, baked pasta dishes, chicken and veal entrées and all your traditional pasta dishes and desserts. 448 S. Cypress Road, 954-941-0550 $-$$

1386 S. Federal Hwy. Pompano Beach Dine in or take out 5:00pm Wed. - Sat.

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Mini Pita. MEDITERRANEAN The comprehensive menu includes plenty of salads, pita melts, sandwiches, gyros, shawarma, kebabs, falafel and a choice of entrees that includes lamb chops and mousaka. 2555 E Atlantic Blvd. 954-532-9595 $$ Nelson’s Diner. DINER Nelson’s diner, which was just purchased by the owners of Galuppi’s, is a cute, hole-in-the-wall 50s diner with Elvis memorabilia on the walls, baseball flags on the ceiling, friendly servers and classic red vinyl booths. 438 S Cypress Road, 954-785-3646 $ Stingers Pizza. PIZZA • AMERICAN Dine in or order delivery. They will bring your pizza to the Beach—a million minds making the world a better place. 1201 S. Ocean Blvd., 954-782-2344 $ Sunshine Bagel. BAGELS • DELI Serving up bagels and sandwiches in a friendly atmosphere. 260 N. Ocean Blvd., 954-788-7498 $ The Chicken Box & More. • SOUTHERN This small spot with just a couple of tables serves breakfast, lunch and dinner and does a robust take-out business. The shrimp and grits with scrambled eggs are a top-notch breakfast or a perfect “breakfast-for-dinner” option. We tried the fried pork chops with a classic potato salad and collard greens. The greens were stellar — they were juicy and perfectly seasoned with bits of pork supplying a pleasing heft. If you are searching for a solidly authentic taste of comfort, the meatloaf is a must. 204 N Flagler Avenue, 954-781-7400 The Poké Company. • POKÉ Build your own bowl by choosing a base of rice or greens, then add a protein such as ahi tuna or steamed shrimp, then go to town with the mix-ins and sauces. There are an infinite amount of choices. If bowls aren’t your thing, you can build your own poké burrito. 1154 N. Federal Highway, 754-220-8933 Tortillería Mexicana. MEXICAN Looking for a taco that goes beyond ground beef and toppings? Not only will they supply you with fresh tacos, but the corn tortillas are made from scratch daily. Who does that? 1614 E. Sample Rd., 954-943-0057 $

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Last Resort

Not that Woodstock THE WOODSTOCK INN & RESORT

If you're looking for a hefty dose of charm with a lot of New England history and a good measure of elegance, a trip to the Woodstock Inn and Resort is a perfect choice. This picturesque inn, located in the Green Mountains of Vermont, has all the charm of a small inn while offering amenities you expect to find at larger resorts. The inn has four different restaurants offering regional and seasonal cuisine. The chefs work with the resort's master gardener to harvest ingredients from their Kelly Way Gardens resulting in fresh, inventive and creative entrees and cocktails. While in Woodstock, a visit to the Simon Pearce flagship factory and store is a must. The world-renowned glass company is located nearby on the Ottauquechee River, which supplies the massive amounts of energy needed to blow glass. You can watch a glassblower in action, shop and enjoy a romantic dinner at their outstanding restaurant. Vermont, nicknamed the Green Mountain State, is indeed that. Just driving along the country roads is a truly rejuvenating experience—which is pretty much what we all need these days. Woodstock Inn & Resort 14 The Green, Woodstock, Vermont

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56 pointpubs.com •

POINT! PUBLISHING

WILLIAM

LEONEM.D.

Superior Results for Hip and Knee Surgery Our Caring, Patient-Centered Practice

My practice combines world-class orthopaedic care in a warm and welcoming environment where every patient is treated with respect, the way I would want my family to be cared for. From the first phone call, you will find my team 100 percent engaged in addressing your needs. I care for people in their 80s and 90s who refuse to relinquish their independence and opt for surgery to regain an active lifestyle. I also treat patients in their 20s and 30s who desire an improved quality of life and want to feel “normal” again.

Safely Going Home the Day of Surgery

My emphasis on preempting and preventing pain after surgery has been a game changer. Patients walk the day of surgery and the vast majority of my patients go straight home the afternoon of their hip or knee replacement surgery. This requires coordinated pre-operative planning and detailed communication between my staff and the patient. “Dr. Leone put my body back together. I was a long-time runner and now at 83-years-old all my pain is finally gone!”

~Tracey M, full and partial knee replacement patient

“I will forever be grateful to Dr. Leone and his amazing staff at Holy Cross. I can honestly say Dr. Leone is the most kind, patient, incredible doctor I have ever met. Thank you from the bottom of my heart.”

~Liyah, 32 years old, total hip replacement patient

CONTACT

The Leone Center for Orthopedic Care at Holy Cross Health 954-489-4575 | leonecenter@holy-cross.com 1000 NE 56th Street | Fort Lauderdale holycrossleonecenter.com

A natural lifestyle focused on wellness. At Solemar, we are working with Delos to create a state-of-the-art living environment that is dedicated to the wellness of our residents, set in a beachfront oasis.

Currently selling two & three bedroom residences starting from $1.5 Million. Call (754) 812 3305 or visit SolemarBeach.com 1116 North Ocean Blvd, Pompano Beach, FL 33062

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. Solemar is developed by PRH 1116 North Ocean, LLC (“Developer”) and this offering is made only by the Developer’s Prospectus for the Condominium. The Developer is not incorporated in, located in, nor a resident of, New York. This is not intended to be an offer to sell, or solicitation of an offer to buy, condominium units in New York or to residents of New York, or in any other jurisdiction where prohibited by law unless the condominium is registered in such jurisdictions or exempt. No statement should be relied upon if not made in the Developer’s Prospectus. Architectural design elements may vary from concept to actual construction. All depictions are conceptual. Developer, pursuant to a license agreement has a right to use the trade names, marks, and logos of The Related Group. Consult the Prospectus for all terms, conditions, specifications, and Unit dimensions. Reproduction for private or commercial use is not authorized. 2021 ® PRH 1116 North Ocean LLC, unless otherwise noted, with all rights reserved.