Property Value Challenges

If you own property in Pinellas County, you likely received your property assessments this past week. The property appraiser's office mailed the Truth in Millage (TRIM) notices on Monday, August 24, 2009.

The TRIM notice includes the home owner's property taxes, property assessments, and proposed millage rates set by various taxing entities. The market value shown on the 2009 TRIM notice is based on market condition and ownership status as of January 1, 2009 and is determined by analyzing sales that took place in 2008.

Property owners have until Friday, September 18, 2009 to file a petition challenging the notice. For the first time in Pinellas County, property owners who disagree with their property value assessments can file petitions to go before the Value Adjustment Board (VAB) online via the Clerk’s website, www.mypinellasclerk.org, beginning on Monday, August 31, according to Ken Burke, Clerk of the Circuit Court. Other methods of petitioning to go before the VAB are still available. The forms can be accessed online, then mailed or filed in person at the Clerk’s Board Records department located on the fifth floor of the Clearwater Courthouse, 315 Court St., Clearwater or may be dropped off at one of these Clerk’s branch offices: the St. Petersburg Branch at 545 First Ave. N., St. Petersburg; the Tyrone Branch at 1800 66th St. N., St. Petersburg or the North County Branch at 29582 U.S. 19, Clearwater.

The Value Adjustment Board serves as the decision-making authority between the property owners and the property appraiser when there is a disagreement over exemptions, valuations and classifications. Once a petition is filed, a quasi-judicial hearing is scheduled with a special magistrate. For more information, visit the Value Adjustment Board page at www.mypinellasclerk.org or call Board Records at 727-464-3458.

OUTSOURCING a/k/a Do you really know who is representing you?

A relatively new and growing trend in providing legal services is "outsourcing." This is apparently when the lawyer or law firm you hire delegates some of its legal work to someone else generally somewhere else. I do not do this. Of course, I am well aware of this cost-cutting strategy with some businesses, like your telephone company, but I personally do not think it is a good choice for legal work.

As a sole practitioner I develop very close relationships with my clients. I chalk that up to the fact that I am the one and only lawyer you will have representing you if you hire me. Your case will not get bumped down the line to a newer associate or to another colleague. I handle all my cases personally. I also know that the particular area of law I practice makes this personal relationship even more important to most of my clients. They have to share very intimate facts about their lives and families.

The Florida Bar Board of Governors is now considering modifying a prior opinion they gave approving the outsourcing of legal services. It seems like common sense to me that this trend is fraught with potential problems that will ultimately erode public confidence in the legal system. I would love to hear your thoughts.

Child Support & Contempt

Probably in large part because of the downward turn in the economy I am more apt to see cases involving non-payment of previously ordered child support. I have represented clients on both sides of this issue. Sometimes the paying party really cannot afford to pay the support because of job loss or wage decrease or illness or injury. Of course, the reality is the children's needs continue regardless of the economy or life's circumstances. Therefore the Courts often have to make the decisions regarding these difficult issues. There really is no easy solution because each family's needs are different and must be examined individually.

Statewide Electronic Access Approved

At present, each Clerk of Court maintains its own records and computer system for their particular jurisdiction. My office subscribes to access the Sixth Judicial Circuit's computerized records system so that we may access certain records and to see if a suit is filed in a particular case. It has long been debated amongst lawyers and Judges that Florida should implement a statewide system for access to all such documents. The cost and large scale of such a project have resulted in no such program to date. But good news is here. On July 1st of this year the Chief Justice of the Florida Supreme Court issued an Order to set standards for such a system. The Florida Legislature passed legislation that requires such a system, including electronic filing of law suits, to be up and running within a year. Though it may be a cumbersome process, it seems clear this is long over due.

Mandatory Financial Affidavits

A frequent question/complaint I have in amicable divorce cases, is why do I have to file a Financial Affidavit? My general response is because the law says you have to. And now and again I will discuss the multiple reasons why I think it is also a good idea. Today however, I read a case that outlines at least one exception to the "because you have to rule." See Salczman v. Joquiel, 776 So. 2d 986 (Fla. 3d DCA 2001). In that case, which for the record is not out of our appellate court but our sister court to the north, the parties entered into an ante-nuptial agreement after full disclosure. Both parties had separate counsel in the negotiation and execution of the agreement. Both were in their sixties at the time of their marriage; both had been married previously and both were financially secure. They ended their marriage after three years, each party agreeing that the ante-nuptial agreement controlled and requesting that the court ratify the same and grant their dissolution. At the final hearing, the court ordered that the parties file financial affidavits. The parties responded that they should not have to do so in light of their agreement and the fact that neither party was requesting any permanent financial relief from the other. The court indicated that it would seal the affidavits in the court file upon their being filed. The parties still refused, and the Court threatened contempt. The parties jointly appealed. Reading Fla. Fam. L. R. P. 12.285 literally, the Third District reversed the court's order directing the parties to file a financial affidavit. "Having found this agreement to be fair and reasonable on its face and entered into after full disclosure between the parties, the court was presented with absolutely no issue as to permanent financial relief for either party. Thus, the filing of financial affidavits would serve no purpose under the facts of this case and we do not believe that the rule mandates that they be filed." 776 So. 2d at 988.

Bad Faith & Attorney's Fees

An appellate rule change pending now before the Florida Supreme Court could make it easier for a party to seek attorney's fees and costs when the other side acts frivolously or in bad faith. The change was recommended by a vote of 39-0 by the Appellate Court Rules Committee. Under the current rules there is a deadline for lawyers to seek fees and costs from the other side pursuant to Florida Statute, section 57.105. If the bad conduct on the other side occurred after that time deadline, then technically the lawyer could not see relief through fees and costs. The change proposed modifies the rules to allow the lawyer to move for fees and costs because of bad conduct at any point in the case. It is clearly a logical and necessary rule change to try to curtail bad behavior.

UPDATE: Bill Becomes Law

Earlier this week, Governor Charlie Crist signed into law SB 904. That bill creates a statutory scheme for parenting coordinators, streamlines relocation litigation, clarifies the modification standard for cases involving parental responsibility, timesharing and parenting plans and establishes clearly the professionals capable of making parenting plan recommendations. This is especially remarkable in a year when little more than 10% of the over 2,000 filed bills passed both houses of the Legislature.

Iran's Election

Early last week I began trying to determine when exactly it would be likely for us to learn who had won the election in Iran. I contemplated the time zone difference and the small number of Western news outlines operating inside Iran. But truly I didn't contemplate the problems that are now suspected. Will we ever know who really won the election? It would be a shame not to, for so many reasons, not the least of which is the turnout of 85% of Iran's voting population. That is an astounding percentage of people who felt their voice would be heard and needed to be heard. It is another reminder to me of the wonder of our own democracy, warts and all.

Pending Bill on Children's Issues

The Children's Issues Bill (CS/CS/CS/SB 904) was sent to Governor Crist on Wednesday, June 3, 2009. It is now awaiting the Governor's signature. Some of the highlights of this bill include:

* The bill recognizes and authorizes the parenting coordination process and provides long-overdue qualifications for those serving as parenting coordinators and standards and safeguards for the process itself.

* The bill corrects a mistaken interpretation of last year's parenting bill that modification actions no longer required a showing of a substantial, material and unanticipated change in circumstances.

* The bill provides needed clarification that there is no presumption for or against any particular time-sharing schedule.

* The bill clarifies and streamlines the process to be followed when a parent seeks to relocate his or her residence.