Topics relating to coronavirus | St. Petersburg, FL

Pinellas County Court Updates

Battaglia, Ross, Dicus & McQuaid, P.A. — Sun, 29 Mar 2020 14:48:07 +0000

The courts are acting swiftly in response to the COVID-19 pandemic. It seems there is a new announcement almost daily by either the Florida Supreme Court, the Sixth Circuit Chief Judge, or the Florida Bar. These are certainly unprecedented times. The legal profession has been deemed an essential business under the Pinellas County Safer at Home Ordinance. The courts are also open in Pinellas County, but conducting very few in person hearings. I have had almost daily telephonic hearings to date. A silver lining among all of the mayhem is that the judges have been very generous. Every motion that I have filed has been granted. Most judges on the criminal bench are making huge concessions to resolve cases and keep people out of jail. So, everyone is pitching in to help out during this crisis. This article is intended to provide clarity and updates on some of the most recent orders that may affect your court case in Pinellas County.

No Bond Administrative Order for Violating Quarantine/Isolation Order

On March 27, 2020, Sixth Circuit Chief Judge Anthony Rondolino issued Administrative Order 2020-009. This Order mandates that anyone arrested for a violation of a State quarantine or isolation order may be held on no bond in the Pinellas County jail. (or Pasco jail if the offense occurred there.) This no bond mandate is the same as in a domestic violence case. A defendant must be held until they see a judge who then can decide what, if any, bond to permit. This bond decision would be made at the first appearance, or advisory hearing, which is required to be done within 24 hours. It is important to note that this no bond order does not apply to violations of the Pinellas County Safer at Home rules. The no bond order applies to violations of Florida Statute § 381.00315 that make it a misdemeanor to violate a State public health order. Since the State has not issued a mandatory quarantine or isolation order over our area, this statute appears to be merely anticipatory. However, if a person is known to have COVID-19 or been exposed to it and has had a specific order to be quarantined or isolated, then the Order may be applicable.

Supreme Court Order Suspending Jury Trials

The Supreme Court has continued to delay jury trials. In Administrative Order 2020-17, it extended the suspension of jury trials through April 17, 2020. This is a necessary order but will have serious implications once our world returns to normal. I have seen first hand how difficult the jury process was before the first order was entered. The day before the first order was entered, I was scheduled to have a jury trial. My case was continued in favor of another older case. It was a bizarre scene at the courthouse with very few people there and several people wearing masks and gloves. In any event, the defendant that went to trial that day was stuck with a jury pool that did not want to be there. The answers to the lawyer’s questions during voir dire were so negative and nasty that the defendant took a plea deal right after the jury was picked! He knew that he was going to be found guilty because the jurors were on edge and didn’t want to be there. But, the suspension of jury trials is going to have profound impacts on our legal system. While it would be great if cases could settle, there isn’t much going on with cases. So, they are just delayed and will create a massive backlog in cases eventually. It appears that virtually every case in Pinellas County is going to be delayed or affected in some manner in the months or even years to come.

Supreme Court Order Giving Certain Judges Statewide Authority

The Supreme Court is clearly anticipating that criminal defendants are going to be locked in place for the foreseeable future. In anticipation for defendants who are being held in a county other than the county where their charges arose, the Supreme Court issued Administrative Order 2020-92 on March 26, 2020. This order appointed three of our local judges, Judge Paul Levine, Judge Joe Bulone and Judge Shawn Crane, to have statewide authority. This means that any defendants that are being held in Pinellas or Pasco jail for a case that originated from another county are permitted to be handled by these judges just like they were local cases. Normally, a defendant would have to be transported back to the county where the charge originated. Likewise, if a defendant is being held in another county on a Pinellas charge, the Order allows other judges to handle and dispose of their cases. This measure clearly anticipates that the Supreme Court wants judges to thin out the jails and signals that it is going to be a long time before things get back to normal.

Contact Battaglia, Ross, Dicus & McQuaid, P.A.

Our office is still open in St. Petersburg and we are practicing strict social distancing for those who come to the office. We are one of the few businesses in the area still operating at full function. Some of our staff are working from home, but our office is still functioning to service our clients’ legal needs. We are encouraging telephone/video appointments rather than in person consultations at this time. We are also encouraging our clients to send us emails or text pictures of documents rather than dropping them off. Our office hours have not changed although the front desk is only being manned from 9AM-4PM. If you have a legal need in St. Petersburg, we encourage you to contact us via email or by telephone immediately. Please be safe and I hope this article was helpful to address the ongoing changes in the legal field throughout this challenging time.

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Coronavirus and the Workplace

Caitlin Szematowicz — Wed, 25 Mar 2020 13:37:33 +0000

As of Monday, the Florida Department of Health confirmed one thousand four hundred and twelve (1,412) cases of COVID-19 in the State of Florida. Executive orders were issued last week which effectively shut down or significantly restrict bars, nightlife, gyms, and restaurants in Florida. On Friday, the Governor entered an executive order which provides that health care practitioners (such as dental offices, surgical centers, and hospitals) are prohibited from providing medically unnecessary, non-urgent, or non-emergency procedures or surgeries. More executive orders with additional restrictions may follow.

The Impact of the Coronavirus on Florida’s Workplace

The impact of the coronavirus on Florida’s workplace has been drastic and resulted in many closed businesses and employees who are out of work. Indeed, many businesses have closed or are facing imminent closures. Many businesses are transitioning to work remotely. Other businesses have remained open. Businesses which remain open should be establishing policies to reduce risk. Such policies may include ensuring that employees are practicing effective social distancing (the Centers for Disease Control and Prevention, also known as the CDC, recommends a six foot distance), enforcing restrictions on who can enter the office, encouraging employees to work remotely when possible, encouraging tele-conference meetings instead of in-person meetings, and/or changing office hours or employee schedules to reduce the amount of employees in the office at a given time. Many employers have questions about their responsibilities during this time, and it is important for employers to be aware of various employment laws which may apply in this scenario. For instance, the Occupational Safety and Health Administration (OSHA) requires employers to provide a work environment which is free from certain recognized hazards. Since coronavirus can be deemed such a hazard, employees with coronavirus should not be required to come into the office. OSHA also has guidelines in place for pandemics, and since the coronavirus has been declared a pandemic, employers should familiarize themselves with OSHA’s guidance.

How Should Employers Be Handling the Coronavirus at the Workplace?

Employers should be encouraging sick employees to stay at home and to seek medical care. Employers should also make their employees aware of available sick leave benefits. Further, employers should not generally terminate an individual who is diagnosed with coronavirus – or take any type of adverse action against that individual. Such action may be violative of the law and constitute retaliation. There are new developments each day which are aimed at providing assistance to employers and employees during these difficult times. Last Wednesday, the “Families First Coronavirus Response Act” was signed into law and will guarantee workers paid time off. Private employers with less than 500 employees generally must provide full-time employees with two weeks of paid time off if they cannot work for virus-related reasons. If the employee is taking time off to self-isolate/quarantine due to a diagnosis, is required to quarantine to comply with a recommendation or order because the employee is exhibiting symptoms or was exposed to the virus, or is seeking care or a diagnosis due to exhibiting symptoms of the virus, the employee is typically to be paid their normal pay. If the employee is taking time off to care for a family matter or child whose school has closed/childcare is unavailable, the employee should be entitled to two-thirds their regular pay. Part-time employees can be entitled to pay as well. The Act also amends the FMLA to give paid time off (at partial pay) if an employee cannot presently work due to the coronavirus. Lastly, the Act provides certain tax credits to businesses for costs associated with the Act. The provisions of this Act go into effect on April 1, 2020. On March 16, 2020, Governor Ron DeSantis also activated the Florida Small Business Emergency Bridge Loan Program to support small businesses impacted by COVID-19. On March 21, 2020, Governor Ron DeSantis announced that the Florida Department of Economic Opportunity (DEO) has approved the first two Small Business Emergency Bridge Loans in order to help businesses which have been impacted by the coronavirus. Additional legislation, executive orders, or announcements may be announced in the coming days to address the effect that the coronavirus is having in the workplace and to our community in general.

Coronavirus Unemployment Claims

With many American workers facing lay-offs, there has also been an influx of unemployment claims being filed. In fact, Florida’s Department of Economic Opportunity recently reported that over one hundred and thirty thousand (130,000) calls have been made to Florida’s unemployment agency in only four days. Yesterday, in an attempt to help remove barriers for those seeking reemployment assistance, the Florida Department of Economic Opportunity announced it has waived certain requirements for reemployment assistance. Further, when an employee is terminated, there are various contractual issues which may come into play. For instance, employees and employers may have questions concerning specific provisions in employment agreements (or, notably, the enforceability of those provisions). These questions may include whether advance notice is required to be provided to an employee before the employee can be terminated and what defenses may be available in this scenario (such as frustration of purpose and/or impossibility of performance) which supports the employer not needing to provide the contractually agreed-upon advance notice. Moreover, employers may elect to provide employees that they are terminating with severance packages. A severance package provides pay and benefits which an employee can be entitled to receive when he or she is terminated from employment by the employer. Typically, a severance package is provided in exchange for an employee releasing claims against his or her employer. Employers should always ensure they have a valid severance agreement in place. For example, if the employee is over the age of forty (40), an employer needs to ensure that its severance agreement is in compliance with the Age Discrimination in Employment Act of 1967 (ADEA), as amended. Likewise, employees who are presented with a severance agreement by their employer should have an attorney review the agreement to ensure their interests are adequately protected and to negotiate potential additional benefits or pay. The employment law attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. hope that you remain healthy and safe during these times. We are always here for you.

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How to Prepare for the Coronavirus: An Estate Planning Attorney’s Perspective

Lama Alqasemi — Wed, 18 Mar 2020 00:01:41 +0000

Without a doubt, these are uncertain times. How can you prepare for the possibility that COVID-19, the disease caused by the novel coronavirus, may affect you or someone you know? In reality, unless you totally isolate yourself from everyone you know, including your immediate family members, you cannot totally limit your exposure. So what can you do to prepare for the coronavirus? For starters, you can get your Health Care Advance Directives in order, as soon as possible. When it comes to preparing for a health crisis, all Florida residents over the age of eighteen should have two key estate planning documents in place: a Health Care Surrogate Designation and a Living Will. While these documents are important for every adult, they are absolutely vital for elderly individuals and those suffering from comorbidity issues. What is the purpose of these crucial estate planning documents? Here is a brief summary:

Health Care Surrogate Designation + HIPAA Waiver

A Health Care Surrogate Designation allows you to designate one or more persons to make health care decisions on your behalf if you were to become incapacitated. Sometimes referred to as a “Health Care Power of Attorney,” a Health Care Surrogate Designation also must address who is permitted to access your private health information in the event of a medical emergency. This is because a federal law known as “HIPAA“¹ restricts your health care providers from sharing your private health information with anyone other than you, unless you have given explicit authorization for them to do so. Giving others access to your private health information is sometimes called a “HIPAA Waiver.” Having a Florida-compliant Health Care Surrogate Designation + HIPAA Waiver during the coronavirus pandemic is essential to a well-rounded estate plan, particularly if you become subject to quarantine – so that your health care providers can communicate openly with your loved ones during your recovery.

Living Will

A Living Will supplements your Health Care Surrogate Designation and sets forth the conditions under which you would (or would not) want life-prolonging measures if you were to become incapacitated. Examples of life-prolonging measures include artificial ventilation, dialysis, tube feeding, CPR, and palliative care. Florida law provides that every competent adult has the right to choose or refuse medical treatment, and this includes end-of-life care. As an estate planning attorney, I frequently am asked about the difference between a Living Will and a DNR (Do Not Resuscitate Order). Essentially, a DNR says that if your heart stops or you stop breathing, that you do not want medical professionals to revive you. This usually is quite different from a Living Will, which in Florida typically contains additional criteria that must be met before life prolonging measures are abandoned. For example, a Living Will may state that if you are totally incapacitated and your primary physician determines that you are also suffering from a terminal or end stage condition or you are in a persistent vegetative state and another physician agrees that even with treatment, there is no reasonable medical probability of recovery, then you would not want life-saving measures (other than pain relief and palliative care). In my practice, I typically only recommend DNRs for clients who are elderly or frail with a very poor quality of life and/or whose condition may be exacerbated by the administration of cardiopulmonary resuscitation.

Additional Resources

For frequently asked questions and answers about Health Care Advance Directives, please visit the Agency for Health Care Administration’s website.

Notes

“HIPAA” is short for the Health Insurance Portability & Accountability Act of 1996, as amended.

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