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Lawmakers to extend eviction, foreclosure protections through August

first_img Full Name* Email Address* Share via Shortlink Tags Sen. Brian Kavanagh and CHIP’s Jay Martin (iStock)Lawmakers are poised to extend commercial and residential eviction protections until the end of August, despite opposition from landlords.The Senate Committee on Housing, Construction and Community Development is slated to vote Tuesday on a measure that would prevent evictions and foreclosures for residential tenants and small landlords, as well as small businesses, who fill out hardship declaration forms. The newly proposed bill extends two separate laws — the Emergency Eviction and Foreclosure Prevention Act of 2020, and the COVID-19 Emergency Protect Our Small Businesses Act of 2021 — that were set to expire May 1.The extender bill is expected to go to a full vote in the Senate and Assembly later this week.ADVERTISEMENTThe move comes a week after Gov. Andrew Cuomo signed the fiscal year 2022 budget bills, which included $2.4 billion in rent relief. That program will be administered by the state’s Office of Temporary and Disability Assistance, which has not yet released applications for tenants and landlords to participate.“We are moving expeditiously to get assistance to New Yorkers who need it most with the expectation that applications will open in May, as we have stated repeatedly,” OTDA spokesperson Anthony Farmer said in a statement.Tenant advocates have called for the extension of the state’s existing eviction protections given the delay in the launch of the federal program. Sen. Brian Kavanagh, who chairs the Senate’s housing committee, said the public health risk posed by evictions was the impetus for the extension. He pointed to the Center for Disease Control and Prevention’s finding that evictions “substantially contribute to Covid-19 transmission,” and that the federal agency still classifies much of New York as having high levels of community transmission.But Jay Martin, executive director of the Community Housing Improvement Program, said that there is “no legal, health or rational reason for extending this law until August 31.”“Extending this moratorium an additional four months with no scientific evidence or rationale will only add four additional months of debt to struggling renters and property owners,” he said in a statement.Joseph Strasburg, president of the Rent Stabilization Association, also said there is “no rational or practical reason” for the extension. In a statement, he said lawmakers should be focused on distributing billions of dollars’ worth of federal rent relief “into the hands of desperate New York renters and building owners as quickly and efficiently as possible.”“I understand the frustration,” Kavanagh said of landlords’ reaction, but argued “the alternative of not taking the public health situation seriously would be much worse.”Kavanagh said lawmakers could end up revisiting the issue once the rent relief program launches. In a statement in support of the measure, the Legal Aid Society noted that the state must be prepared to extend eviction protections further if Covid-19 still poses health and safety risks in August.Under the laws set to be extended, businesses with 50 or fewer employees can avoid evictions by filing a declaration of financial hardship, while owners of 10 or fewer commercial units can do the same to stave off foreclosure. Residential tenants are shielded from holdover and nonpayment evictions if they file a financial hardship declaration with their landlord.The measure also bars tax lien sales until August 31. In January, the City Council renewed its lien sale for one year but exempted certain property owners. At the time, the state moratorium on the sale was still in place.Contact Kathryn Brenzelcenter_img Message* Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink CoronavirusEvictionsforeclosurePoliticslast_img read more

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ESPS Relampago Welcomes Aboard EU Flagship Commander

first_img View post tag: Navy Share this article View post tag: Defence View post tag: Naval Back to overview,Home naval-today ESPS Relampago Welcomes Aboard EU Flagship Commander On 16th March the Force Commander of EU Naval Force (EU NAVFOR) Somalia Operation Atalanta, Rear Admiral Hervé Bléjean visited the Spanish Offshore Patrol Vessel, ESPS Relampago for the first time since the ship arrived in the piracy high risk area. View post tag: News by topic View post tag: Relámpago April 1, 2014 View post tag: ESPS View post tag: Aboard Authorities View post tag: Defense View post tag: EU ESPS Relampago joined Operation Atalanta, the EU’s counter piracy mission in the Gulf of Aden and Horn of Africa region on 13th March, after taking over from the Spanish Navy sister ship, ESPS Tornado.The Force Commander flew to ESPS Relampago from the EU Naval Force Flagship FS Siroco in the Spanish Navy SH 60 Helicopter.The visit gave the Force Commander the opportunity to be briefed on the full capabilities of the Relampago and discuss operational matters with the Commanding Officer, Lieutenant Commander Isidoro Jungito Carríon.Rear Admiral Bléjean commented following the visit, “I have been very impressed with the capabilities of Relampago and the motivation and professionalism of her ship’s company, I am sure she will prove a highly effective asset to EU Naval Force.”FS Siroco joined the operation and assumed the role of EU Flagship in December 2013. EU Naval Force Somalia Operation Atalanta is the European Union’s counter piracy mission in the Horn of Africa region. Its mission is to protect the vessels of the World Food Programme and AMISOM; deter and disrupt piracy; protect vulnerable shipping and monitor fishing activities off the coast of Somalia.[mappress]Press Release, April 1, 2014, Image: EUNAVFOR View post tag: Flagship View post tag: Commander View post tag: welcomes ESPS Relampago Welcomes Aboard EU Flagship Commanderlast_img read more

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UPDATE: Hovey Road incident deemed homicide-suicide

first_imgThis story was updated on Jan. 26 at 2:10 p.m. NEW SHARON – The deaths of two individuals at a home on the Hovey Road have been determined a domestic violence homicide-suicide, according to a press release from the Maine State Police. The Office of Chief Medical Examiner conducted examinations of the deceased on Tuesday morning. The homicide victim was identified as 42-year-old Jessica Dapolito while the suspect, who reportedly committed suicide, was identified as 55-year-old Robert Dapolito. Both persons died from gunshot wounds, the examination determined.The details of the circumstances surrounding the incident are still being investigated.NEW SHARON – An investigation at a home on the Hovey Road Monday morning led to the discovery of two deceased individuals, according to a press release from the Maine State Police.On Monday, Jan. 25 at 9:40 a.m., troopers and Franklin County Sheriff’s Office personnel responded to a request for a well-being check of an individual on the Hovey Road. Upon arrival two bodies were found: one male and one female.According to the Maine State Police, the investigation is ongoing. This story will be updated.last_img read more

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Phil Lesh & The Terrapin Family Band, Nicki Bluhm, & Eric Krasno Announce Thursday Webcast

first_imgIt’s a big week for Grateful Dead fans in New York, as original bassist Phil Lesh will spend the next three nights performing around the city. Phil Lesh & The Terrapin Family Band will headline SummerStage Central Park in New York City on Wednesday, September 5, with Nicki Bluhm and Eric Krasno as special guests. The same group of musicians will head to The Capitol Theatre in Port Chester, New York on Thursday, September 6, for a sold-out show that will be broadcasted live. The stream will be available via Relix at 8:00 pm (ET).On Friday, September 7th, New York’s Apollo Theater will host a benefit concert headlined by “Phil Lesh & Very Special Friends“, marking the first time any member of the Grateful Dead has performed at the iconic Harlem theater. The Phil Lesh & Very Special Friends performance will feature the Harlem Gospel Choir, The Terrapin Family Band, Nicki Bluhm, Talib Kweli, Robert Randolph, and Eric Krasno. Dubbed Don’t Tell Me This Country Ain’t Got No Heart: A Benefit For Voter Participation, the concert is a fundraiser for HeadCount—the national, nonpartisan, non-profit, organization that works with musicians and music fans to promote participation in democracy in the United States. Tickets for the event go on sale Friday, August 17th at 12:00 p.m. ET here. According to Rolling Stone’s announcement, the show will also be streamed online.last_img read more

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Pigeons Playing Ping Pong Welcomes Members Of The Fritz, Jams ‘Jungle Book’ Style In Asheville [Photos]

first_imgOn Friday night, Pigeon Playing Ping Pong continued their lengthy early-2019 tour with a performance at Asheville, NC’s The Orange Peel featuring support from The Fritz.Related: Pigeons Playing Ping Pong Bring Special Guests, Bust Out Dead and Disney Covers For Sold-Out Capitol Theatre Debut [Video]The sold-out show was webcast live for the Flock to watch far and wide, and the band put together a memorable performance to mark the occasion. After opening with “Melting Lights”, pigeons worked through “Whirled”, “Penguins”, and “Funkijam” > “Funk E Zekiel”. From there, they welcomed The Fritz drummer Mikey “Spice” Evans to add some extra percussive texture to “Fortress” and “Yo Soy Fiesta”. “J-Town” was up next and featured The Fritz’s Jamar Woods on keys before a beautiful “Poseidon” (featuring notes of the Allman Brothers Band‘s “Jessica”) brought set one to a close.When the band returned for their second set, they once again had Evans in tow. The Fritz percussionist stuck around for the first two songs of the frame, “Live Life” and “Upfunk”, before slipping offstage as the band flowed into “Snake Eyes”. Next, the band jumped into a palindromic medley that saw them take “Horizon” into The Jungle Book favorites “Bare Necessities” and “I Wanna Be Like You” before returning to “Bare Necessities” and “Horizon” in succession to complete the segment. “Drunk People” was up next, followed by “Walk Outside” and a set-closing “Ocean Flows” to cap set two. Finally, a “Doc” encore sent the crowd—and the couch touring Flock—home dancing.Below, you can check out a gallery of photos from Pigeons Playing Ping Pong’s performance at The Orange Peel courtesy of photographer Carol Spagnuola.Pigeons Playing Ping Pong tour continues this Tuesday, February 5th at The Charleston Pour House in Charleston, SC. For a full list of upcoming dates, head to the band’s website.Setlist: Pigeons Playing Ping Pong | The Orange Peel | Asheville, NC | 2/1/19Set One: Melting Lights, Whirled, Penguins > Funkijam > Funk E Zekiel, Fortress*, Yo Soy Fiesta*, J-Town^, Poseidon (Jessica)Set Two: Live Life* > Upfunk* > Snake Eyes, Horizon > I Wanna Be Like You > Bare Necessities > I Wanna Be Like You > Horizon > Drunk People, Walk Outside, Ocean FlowsE: DocNotes:*- with Mikey from The Fritz on percussion^- with Jamar from The Fritz on keysPigeons Playing Ping Pong | The Orange Peel | Asheville, NC | 2/1/19 | Photos: Carol Spagnuola Load remaining imageslast_img read more

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Online hub for social science

first_imgIt’s already transformed the way we communicate and consume information, and how we buy everything from hangers to homes. Now Harvard scientists hope to use the Internet to change how social scientists investigate human behavior.Launched this year by Assistant Professor of Government Ryan Enos, the Digital Lab for the Social Sciences (DLABSS) is designed to serve as an online clearinghouse where social scientists can find study participants.“What we want to do is combine the advantages of a traditional brick-and-mortar, in-person lab with the advantages of an online lab,” Enos said. “The goal of DLABSS is to create a single online lab any Harvard social scientist can use, where they can run studies, and we will do the work of attracting subjects for them.”While in-person studies have long been the gold standard in social science, they aren’t without faults. Recruiting large study pools is expensive and time-consuming, and participants are usually drawn from limited geographic regions.The expectation, Enos said, is that by moving such studies online, scientists will be able to quickly and cheaply tap a worldwide pool of potential subjects.“What we have realized in recent years is we don’t have to do all this research face-to-face,” Enos said. “There are many research projects today that use samples that are from the online world. For example, a huge portion of the survey research you see today comes from Internet surveys.”The idea of conducting studies online isn’t new — services that pay users to perform simple tasks, such as Amazon Mechanical Turk, have found increasing popularity among researchers in recent years. But DLABSS is unique because it has been designed from the ground up for research, Enos said.“As you can imagine, when you’re paying someone to take part in a study, there’s a large incentive for them to cheat — they may claim to be someone they’re not — and that’s especially true when you can’t verify their identity because you’re not face-to-face. For example, many researchers want to conduct studies only on people from the United States. Even though Mechanical Turk tries very hard to verify the identity of the people using the site, there are lots of ways to get around that.“A common practice in these studies is to pay participants minimum wage,” Enos continued. “That may not be much money in the U.S., but in the developing world, it can be very worthwhile to cheat to receive those payments. There is also evidence that some users of Mechanical Turk are what we refer to as professional research subjects. In other words they’re sitting in front of a computer all day taking studies.”To avoid those pitfalls, Enos worked with staff at the Harvard Institute for Qualitative Social Science (IQSS) to create a lab that relies on volunteers.“There are actually a number of examples of volunteer science that have been conducted in recent years, including here at Harvard,” he said. “We think some people will come to the site because they’re just good citizens, or they’re interested in taking part in the creation of knowledge, but we think there may also be some people who just find these things interesting or entertaining.”Interested users provide some initial demographic information, such as age, gender, race, income level, and political preference, and can then take part in any of the studies posted online.As the subject pool grows, scientists may be able to directly contact users who meet certain demographic criteria. For example, a researcher hoping to study Latino men between the ages of 20 and 40 could use the site to contact only users who fit that description.For now, DLABSS will be open only to Harvard researchers. Enos said that he hopes researchers will be willing to accept slower progress in finding subjects while the lab builds its study pool.“You can imagine that online studies could be part of a larger research agenda,” Enos said. “Researchers or students can come to DLABSS to conduct an initial study that captures a specific population, then move on to other studies or observations in the day-to-day world, because they offer advantages over the Internet.”last_img read more

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Blueberry boost

first_img(Stephanie Schupska is a news editor with the University of Georgia College of Agricultural and Environmental Sciences.) By Stephanie SchupskaUniversity of GeorgiaBlueberries may not be the cure-all for everything from cancer to economic instability, but they’re on the rise in rural Georgia. And health-conscious fans have a new twist: organic blueberries.The little berry bush, native to the U.S. Southeast, is hardy and disease resistant in a climate that hurts organic agriculture more than it helps. Where fruit crops such as peaches, apples and strawberries have a hard time surviving insects and diseases, blueberries thrive.And organically grown blueberries might be just the boost small towns in south Georgia need to thrive themselves.“A lot of areas where blueberries grow are economically depressed,” said Gerard Krewer, a University of Georgia Cooperative Extension horticulturist in Tifton, Ga.Conventional blueberry farms are concentrated in south Georgia. Organic production “would perhaps keep people from moving away from the areas and would definitely benefit the local communities,” said Harald Scherm, a plant pathology professor in the UGA College of Agricultural and Environmental Sciences.Scherm and Krewer and Georgia county Extension agents are taking on the challenge of growing organic blueberries. Their research is designed to help growers manage weeds, insects and diseases to grow organic blueberries.“Organic production is harder,” Krewer said. “We don’t have magic silver bullets — the fungicide, insecticide and herbicide options — that make the job of growing so much easier.”For years, Krewer has studied organic blueberries on a shoestring budget. When he started working on larger projects in 2005, he started looking for more funding.He, Scherm and colleagues at the University of Florida were awarded a grant from the U.S. Department of Agriculture Integrated Organic Program. Their goal over the next three years is “to develop best management practices and economic cost analyses for organic blueberry production,” Scherm said.“Recently, organic produce has become much more widely available due to mass merchandising, chain stores and marketing,” Krewer said. “There’s been a real change in the mind-set as some of the growers realize the demand for organic produce.”The scientists are working closely with organic blueberry growers through Georgia Organics, Inc. Eight Georgia farmers grow organic blueberries now on 200 acres.“This isn’t some pie-in-the-sky research,” Scherm said. “It’s really happening.”Blueberries have their roots buried deep in Georgia soil. The rabbiteye blueberry is native to southeast Georgia and northeast Florida. It can grow organically despite pest and disease problems caused by the region’s high humidity.“Weed control is a major issue,” Scherm said, “especially when you’re establishing new plots. And with older blueberry plots, woody weeds are major problems.”Scherm is also looking at ways to fertilize blueberries organically. He’s testing such products as pasteurized chicken litter and bone meal.“We’re trying to see how farmers should use these products and developing a set of management guidelines for weeds and fertilizers,” he said. “We’re also looking at insect management organically, through biological controls and biopesticides.”They’re studying organic mulches, too, such as peanut hulls, pine straw, bark and organically approved plastic.And while they’re checking the scientific side, UGA economist Greg Fonsah is looking at the economic feasibility of organic blueberry production.“Much of the grant focuses on horticulture, what happens in the field,” Krewer said. “But what also matters in the long run is the economics of growing organic blueberries. Farmers have to make money to stay in business.”Georgia blueberry acreage has grown from 4,500 acres in 2002 to more than 6,000 acres in 2006, Fonsah said. “This acreage is expected to further increase in 2007,” he said. “More growers are getting interested in this crop, which is now ranked second in the state’s fruit and nut industry.”The demand for blueberries is partially due to their nutritional value. They contain vitamin C, and their antioxidants may help prevent certain cancers.“There has been a tremendous expansion of overall blueberry production as people realize the health benefits of blueberries,” Scherm said.last_img read more

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TDS rolls out new communications solution for businesses in Northfield, Ludlow

first_imgTDS Telecommunications Corp. is a wholly owned subsidiary of Telephone and Data Systems, Inc. [NYSE: TDS, TDS.S] Telephone and Data Systems, Inc., a Fortune 500® company, provides wireless, local and long-distance telephone and broadband services to nearly 7.2 million customers in 36 states through TDS Telecommunications Corp. and U.S. Cellular® [NYSE: USM], its 83-percent owned wireless subsidiary.  Founded in 1969 and headquartered in Chicago, Telephone and Data Systems employed 12,300 employees as of Sept. 30, 2010. Visit www.teldta.com(link is external) for more information. Editor’s Note: TDS plans to continue expanding availability of its managedIP service to more markets in the coming year. ManagedIP is currently available in parts of Florida, Georgia, Indiana, Illinois, Michigan, Minnesota, New Hampshire, Tennessee, and Wisconsin. For more information, to view customer comments, or to schedule a free demonstration, call 1-866-9-TDSBIZ (1-866-983-7249) or visit www.tdsbusiness.com(link is external). Known as managedIP, this hosted Internet Protocol (IP) communications solution integrates voice and data as a single communications solution. Unlike many voice over Internet protocol (VoIP) services, TDS managedIP never uses the public Internet. The TDS solution is delivered over a private, secure, and dedicated network ‘hosted’ at a secure TDS facility, according to Marc Violette, market manager for TDS. Understanding the struggles facing many businesses, TDS Telecommunications Corp. (TDS®) is introducing a new communications solution in Northfield and Ludlow, Vermont. -###-center_img The recent installation of the TDS 10-Gigabit transport network makes it possible for the company to expand its IP communications solution. In addition to Vermont, TDS is introducing managedIP in four other states this month. Source: TDS. MADISON, Wis. (Nov. 10, 2010). TDS Telecommunications Corp. markets communication services to business and residential customers in 30 states through its brands TDS Telecom® and TDS Metrocom®. With 1.1 million access line equivalents in service, TDS Telecommunications Corp. connects customers to phone, broadband, and digital television service in hundreds of rural, suburban, and metropolitan communities. TDS Telecommunications Corp. is the eighth-largest wire line company in the nation; employing approximately 2,500 people. The company is headquartered in Madison, Wis.  Visit www.tdstelecom.com(link is external)  and www.tdsbusiness.com(link is external) for more information. ‘Plus, it comes without the upfront costs or capital expenses of traditional phone systems,’ says Violette. ‘I’m proud we are able to bring this product to Vermont, especially in this economy when many businesses are waiting for glimpses of economic recovery to become sustained forward momentum. There’s no reason to wait to upgrade your communications system any longer.’ Already available to customers in parts of the northeast, TDS managedIP provides business with improved productivity and greater efficiencies.last_img read more

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Rules of Engagement for Favela Occupations Must be Reconsidered

first_imgThe occupation in Maré has very different characteristics than those experienced in Alemão and Haiti, which interferes significantly in the interaction between the Military and the residents, as well as that with criminal groups. The Brazilian Armed Forces have cut down monthly drug traffic profits in Rio de Janeiro’s Maré Complex from $15 million Brazilian reals to $300,000 reals since the beginning of the occupation. This loss has been a cause for great concern to the leaders of the three main factions of Rio’s organized crime. Back in February, a lookout made $700 reals a week, but today they barely make any money. Regardless, the situation is still far from being resolved, and the Military is not to blame. The majority of society believes that organized crime in the favelas is carried out by rifle-toting drug dealers who sell drugs. That’s just the tip of the iceberg of a network that hides thousands of unarmed people, living directly or indirectly off the drug income, in these communities. The Brazilian Armed Forces have cut down monthly drug traffic profits in Rio de Janeiro’s Maré Complex from $15 million Brazilian reals to $300,000 reals since the beginning of the occupation. This loss has been a cause for great concern to the leaders of the three main factions of Rio’s organized crime. Back in February, a lookout made $700 reals a week, but today they barely make any money. Regardless, the situation is still far from being resolved, and the Military is not to blame. Respectfully,@EdGaarcua This example of search and determination by the Brazilian courts is to improve the system, which is messed up and has been for a long time. I still believe that hard-line judges should make some changes in the laws and give more power to national security forces. I want the opportunity to collaborate with you. Maistela Droescher. I think the Brazilian Army had to be neutral when talking about drug trafficking in the shantytowns (favelas). Do you know why? Most of these soldiers come from shantytowns, mainly in Rio de Janeiro. I myself live in a shantytown and I am going to serve in the Army. I enlist in September. Even the stories about the Armed Forces have invaded shantytowns. I’ve never heard any music that supports crime in the funk music mentioning the Army. Look, this isn’t Iraq, Babylon, Afghanistan or Colombia to be invading the shantytowns with war tanks. Send the police there and that’s it. The Army should stay out of this. (y) Plea bargaining (with many fewer official staff members assassinated) needs to evolve. In my view, this requires greater protection and less exposure of our service members. The task forces should have more freedom and the security to act. I think that in order for better results, the leaders should also participate and provide ways for the military to remain in certain areas like this one. Very good information, impressive…. Given that the majority of representatives of the people are corrupt or corrupted, there is no interest in creating laws and actions to put the country on the right track. In this case, it’s no different. Service members and innocent people are dying and nothing is being done. Crooks pose as heroes and receive benefits and entitlement that not other communities get. Excellent article about Col. Montenegro. Those who choose to use weapons belonging to the Brazilian Armed Forces, putting the population and security forces at risk, should be judged under the National Security Law, by military tribunal. This is incredible Jesus is coming and you will continue in this war of misery. I am all in favor for greater freedom for the Armed Forces. Our Army is something to be proud of. The Army shouldn’t have to go through these situations because it has a history of huge victories. I get angry because no politician sees that. I am proud to have worn this honorable uniform for seven years. Congratulations to Colonel Fernando Montenegro. I agree with everything that you wrote. The government (federal and state) use our Armed Forces demagogically in the insane fight against drug trafficking, yet they don’t give them the power to use not only their forces, but their intelligence units capable of greatly reducing the military and financial power of all of these criminal factions that politicians, businessmen and big fish hide behind. Maybe, the competent authorities don’t care about seeing them on TV, in newspapers or hearing about them on the radio. If it wasn’t for the decisions taken by the PF, MP, CGU and TCU, made up of men capable of standing up to corrupt politicians, stealing, and the gangs of politicians and businessmen involved in the Lavo-Jato scandal, they would still be acting with impunity. more or less The occupation in Maré has very different characteristics than those experienced in Alemão and Haiti, which interferes significantly in the interaction between the Military and the residents, as well as that with criminal groups. In Haiti, the Brazilian Battalion controls the situation because it has carte blanche to check every house and shoot down anyone who is carrying a gun ostentatiously. Operationally, this is the only way to ensure the Troops the same degree of freedom that organized crime has to go into every home, which they do by terrorizing the community. The political decision not to grant these same rights to the Troops in Maré has caused unnecessary attrition to the Service Members committed to the mission’s fulfillment. As a result of the Army’s restrictive rules of engagement, illegal drugs are sold and used inside homes, corrupted minors throw stones at Troops, and dealers have moved to slabs, where they ambush the Military after operations that lead to arrests, weapons, and drug seizures. Daily shootings may go on for hours and have hit four Soldiers already, one of them fatally. Asymmetric warfare in our own backyard. A decisive factor for the success in Alemão was the capture of a huge amount of weapons and drugs early in the operation. This was possible due to the collective search-and-seizure warrants associated with a tip hotline. In Haiti, the Brazilian Battalion controls the situation because it has carte blanche to check every house and shoot down anyone who is carrying a gun ostentatiously. Operationally, this is the only way to ensure the Troops the same degree of freedom that organized crime has to go into every home, which they do by terrorizing the community. This makes it essential for the State to understand the economic impact that asphyxiating drug traffic will cause before there is a military occupation of this magnitude, the and offer alternatives to the people. This did not happen when the Armed Forces left the Alemão Complex and the situation returned to critical levels, compromising the credibility of the process. Maré residents notice that, and they know that the presence of the Armed Forces is temporary; to illustrate this point, a community leader who strongly supported the Troops in Maré did not have his safety guaranteed and was murdered in late 2014. Drugs along with greed of men equates to the loss of humanity Why don’t you show that shameless person’s face? Cool While drug traffickers continue hidden in slums, the occupation won’t result in the needed and wished for success. Residents that offend soldiers and police are part of the group who are indirectly sustained by drug trafficking. They are the first to report to the press that the police “came in shooting”. I think the (illegible) method is valid, involving unsuccessful operations and exposing the lives of soldiers and police in constant danger. very good The Army needs to act forcefully against these factions wreaking havoc. If we wait for our government, they will take control of our country, which is already happening. Yes, the Army needs to be called to go in and resolve the situation, and policies for the Army need to be different than those for the police. What’s happening in Rio is unfortunate, but in the Knowledge Academies in Brasilia, everyone knows. They want to see everything get worse, but they hardly realise that the Brazilian State of Democratic Law has failed or is about to fail, and the Guardians of the Brazilian Nation-State are on alert, or we’ll become a big anarchy with gangs and crooks leading the country like in the Middle East, ungoverned. Congratulations Colonel. Don’t expose yourself or our boys. Like these thugs, they have a vision. Unfortunately, it’s all dominated, and civilian and military intelligence and counterintelligence units know that. The stage is armed: in Rio, the factions and militias, in São Paulo, Marcolla’s PCC, and in other states around the country, it’s not very different. There are a lot of weapons in the wrong hands, or it may be on purpose for convenience. Go and reread the book, “A Noite das Grandes Fogueiras” by Guilherme Meirelles. May God save Brazil when this time arrives. Yes. I am certain that most drugs and arms are in the shantytowns (favelas). ??? An ongoing war. Unfortunately, families are used in the most intrinsic holes of social negligence. This is where drug trafficking wins. These are good people, hostages while participants in this snowball rooted like weed that sucks all the life of a river.It’s not cool because they’re dispensable to drug trafficking. They’re innocent people who lose their souls for the sake of having more food on the table or a false guarantee of being able to come and go. This is something that should be guaranteed by the government through social rights. Drug trafficking will only get worse as long as there is corruption. I hope the government never becomes indifferent towards the poor. May they be treated like kings and queens, princes and princesses in obtaining their rights, and may those responsible for looking after the rights of the government be properly paid as they deserve. The military is supposed to guard our borders to prevent smuggling of weapons and drugs. Colonel Montenegro was happy and revealing in his lucid comments. The Colonel made very good arguments: the Armed Forces is the last resort used in certain cases. When they are called to duty, they need the freedom to act. The case of drug trafficking for some time already in Brazil is a national security situation. The enemy can be internal or external. The Armed Forces are the faithful guardians of the Brazilian Constitution and have to be prepared for whatever comes. They have the trust of the Brazilian people. This portal only has old news. The Army needs the authority to operate in any place in Brazil. Pay office of Navy staff. Increase wages and benefits. Good morning, best and warm regards. That’s it. The Army should provide the police with support in certain operations I agree with the Colonel because they’re playing with fire. The Brazilian Armed Forces should not be used in any ordinary security action. Military occupation means recognising the state of war going on in the “Marvelous City”. The Army is not the police. I speak from experience as a former soldier. The strategy is to occupy the area and annihilate the armed enemy. I would like the CLASSIC UOL COLONEL AND GENERAL IN COMMAND OVER BRAZIL Our government leaders need to understand that violence is only fought through a first class education. Arms manufactures should be held liable for the deaths they cause or for maintaining an arms tracking system. The blame needs to be put at the source of the supply, which is in the border regions. They continue to be wide open due to the absence of adequate policies. Everyone knows that putting an end to the disease before it reaches people is a more effective and economic way. What we don’t understand is the Brazilian government’s kindness towards countries like Bolivia and Peru, and even towards suspected Colombian revolutionaries. There are many people in the background behind drug trafficking in Brazil. In Alemão there was only one criminal faction. The invasion was unexpected, which did not allow the armed criminals to evade taking inventories of drugs and weapons. However, additional drug trafficking structures remained to enable the operation after the Army’s departure. Everyone knows that the Military occupation of the Maré Complex was due to the World Cup and, if it is up to the politicians, it will continue until the Olympics. They said it wouldlast a short period of time, just like they did with Alemão (and that lasted for 520 days), but we can see that is not the case. The majority of society believes that organized crime in the favelas is carried out by rifle-toting drug dealers who sell drugs. That’s just the tip of the iceberg of a network that hides thousands of unarmed people, living directly or indirectly off the drug income, in these communities. center_img The political decision not to grant these same rights to the Troops in Maré has caused unnecessary attrition to the Service Members committed to the mission’s fulfillment. As a result of the Army’s restrictive rules of engagement, illegal drugs are sold and used inside homes, corrupted minors throw stones at Troops, and dealers have moved to slabs, where they ambush the Military after operations that lead to arrests, weapons, and drug seizures. Daily shootings may go on for hours and have hit four Soldiers already, one of them fatally. Asymmetric warfare in our own backyard. excellent article Montenegro, I’m sorry, but this civilian does not know his rank. With regard to his speech, excellent. I’ve even heard or read it in a newspaper. Words that did not put an end to trafficking because of bank interests in the amount of money moved, in addition to the arms trade. Congratulations. There would be no trafficking, drug dealers or distributors, if there were no users. Only through the cooperation of families, schools political will and law enforcement, with equality for all, can we end or minimize this human coldness. Brazil should take a larger number of troops from the barracks to the borders to fight harder against trafficking. With the fewer troops sent, effective combat is impossible. How many soldiers are in the barracks with nothing to do? Dear readers, fortunately in the reserves and now also as a journalist, I can express my opinions in a more incisive way and fight the hypocrisy of some decisions that army personnel are unable to address. An example. Congratulations on the line of thinking, Colonel. Yes, they should separate and train soldiers for this type of work, special soldiers. The military is not the police!If the military respond like the police, they will just crash and burn. Dear Colonel Fernando Montenegro.I feel that over 90% of violent crimes are directly or indirectly related to drug trafficking, which is a national problem, not confined to Rio.You have to go to the source, nip it in the bud. Focus on strategies and missions on the border. We must close our borders with drug trafficking neighbors and be stricter against trafficking in drugs and weapons.Putting the Armed Forces to act as the police is a trap to put people against the military.#TamoJunto (#We’reUnited)#SemprePeloBrasil (AlwaysForBrazil) In Maré, we have the Army and three rival organized crime factions that are unwilling to give up the territory and abandon the area since they know the Armed Forces will not stay there forever. Two of these factions have been in a violent territory dispute since 2009. In Alemão there was only one criminal faction. The invasion was unexpected, which did not allow the armed criminals to evade taking inventories of drugs and weapons. However, additional drug trafficking structures remained to enable the operation after the Army’s departure. By Dialogo May 25, 2015 A decisive factor for the success in Alemão was the capture of a huge amount of weapons and drugs early in the operation. This was possible due to the collective search-and-seizure warrants associated with a tip hotline. We could raise a number of observations about military operations, but the truth is that the solution to the problem lies at the political level. Society needs to understand that the Armed Forces must be allowed to make decisions because they are the last resource being employed. And that is why they cannot continue to operate under the same legal protocols governing the police. It is as similarly deceptive as using the same ineffective formula for a medication, only with a different label, and hoping it will fix the problem. The rules of engagement need to be rewritten if there is a desire to seek efficiency in operations, and to preserve the Military. *Fernando Montenegro – Colonel R / 1 Special Forces of the Brazilian Army – was commander of the Sampaio Task Force in the occupation and pacification of the Alemão and Penha complexes in 2011. This makes it essential for the State to understand the economic impact that asphyxiating drug traffic will cause before there is a military occupation of this magnitude, the and offer alternatives to the people. This did not happen when the Armed Forces left the Alemão Complex and the situation returned to critical levels, compromising the credibility of the process. In Maré, we have the Army and three rival organized crime factions that are unwilling to give up the territory and abandon the area since they know the Armed Forces will not stay there forever. Two of these factions have been in a violent territory dispute since 2009. *Fernando Montenegro – Colonel R / 1 Special Forces of the Brazilian Army – was commander of the Sampaio Task Force in the occupation and pacification of the Alemão and Penha complexes in 2011. We could raise a number of observations about military operations, but the truth is that the solution to the problem lies at the political level. Society needs to understand that the Armed Forces must be allowed to make decisions because they are the last resource being employed. And that is why they cannot continue to operate under the same legal protocols governing the police. It is as similarly deceptive as using the same ineffective formula for a medication, only with a different label, and hoping it will fix the problem. The rules of engagement need to be rewritten if there is a desire to seek efficiency in operations, and to preserve the Military. Maré residents notice that, and they know that the presence of the Armed Forces is temporary; to illustrate this point, a community leader who strongly supported the Troops in Maré did not have his safety guaranteed and was murdered in late 2014. Everyone knows that the Military occupation of the Maré Complex was due to the World Cup and, if it is up to the politicians, it will continue until the Olympics. They said it wouldlast a short period of time, just like they did with Alemão (and that lasted for 520 days), but we can see that is not the case. last_img read more

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May 1, 2004 Notices

first_imgIn Amendments to Florida Supreme Court Approved Family Law Forms- Sexual Violence Forms, No. SC04-132 (Fla. March 25, 2004), the Florida Supreme Court adopted extensive amendments to the Florida Supreme Court Approved Family Law Forms governing domestic, repeat, and dating violence.The Court created the following new forms: Form 12.980(q), Petition for Injunction for Protection Against Sexual Violence; Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence; Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (After Notice). The Court stated that the new forms are necessary due to 2003 legislation that created a new cause of action for protection against sexual violence. See ch. 2003-117, §2, at 733-740, Laws of Fla. The Court deleted Form 12.980(a), Affidavit and Motion for Waiver of Fees for Petition for Injunction for Protection Against Repeat Violence or Dating Violence, in response to 2003 legislation that prohibited the assessment of fees for the filing of petitions for protection against repeat, dating, and sexual violence. See ch. 2003-117, §2, at 735, Laws of Fla. Further, the Court amended the following existing forms to incorporate the new cause of action for sexual violence and/or the prohibition against the assessment of fees for the filing of petitions for protection against repeat, dating, and sexual violence: 12.980(b), Petition for Injunction for Protection Against Domestic Violence; Form 12.980(c)(1), Order Setting Hearing on Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence Without Issuance of an Interim Temporary Injunction; Form 12.980(c)(2), Order Denying Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(d)(1), Temporary Injunction for Protection Against Domestic Violence With Minor Child(ren); Form 12.980(d)(2), Temporary Injunction for Protection Against Domestic Violence Without Minor Child(ren); Form 12.980(e)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice); Form12.980(e)(2), Final Judgment of Injunction for Protection Against Domestic Violence Without Minor Child(ren) (After Notice); Form 12.980(f), Order of Dismissal of Temporary Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(g), Petition for Injunction for Protection Against Repeat Violence; Form 12.980(h), Supplemental Affidavit in Support of Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(i), Petitioner’s Request for Confidential Filing of Address; Form 12.980(j), Motion for Extension of Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(k), Motion for Modification of Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980( l ), Temporary Injunction for Protection Against Repeat Violence; Form 12.980(m), Final Judgment of Injunction for Protection Against Repeat Violence (After Notice); Form 12.980(n), Order Extending Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(o), Petition for Injunction for Protection Against Dating Violence; Form 12.980(p), Temporary Injunction for Protection Against Dating Violence; Form 12.980(q), Final Judgment of Injunction for Protection Against Dating Violence (After Notice); Form 12.980(r), Petition by Affidavit for Order to Show Cause for a Violation of Final Judgment of Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(s), Order to Show Cause. Finally, the Court made unrelated, minor technical changes to the above mentioned forms as well as to Form 12.931(a), Notice of Production from Nonparty, and Form 12.931(b), Subpoena for Production of Documents from Nonparty. The new and amended forms became effective immediately because the legislative amendments became effective on July 1, 2003. See ch. 2003-117, §3, at 740, Laws of Fla.The Court invites all interested persons to comment on the new and amended forms, which are reproduced online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the Court on or before June 1, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette.Rules of Judicial Administration amendments Under Rule 2-9.3 (b) – (e), Rules Regulating The Florida Bar, active members of the Bar may file a specific objection to any legislative position adopted by the Board of Governors.Objections properly filed within 45 days of this News issue will be considered for a refund of that portion of mandatory membership fees applicable to the contested legislative position, within an additional 45 days. The Bar’s governing board has the option to grant the appropriate refund to an objector or to refer the matter to arbitration.The arbitration process will determine solely whether the legislative position is within those acceptable activities for which compulsory membership fees may be used under applicable constitutional law. The objecting member’s fees allocable to the contested legislative position will be escrowed promptly upon receipt of the objection, and any refund will bear legal interest.Any active member may provide written notice to the executive director of The Florida Bar, setting forth an objection to a particular legislative position. Failure to object within 45 days of this News issue will constitute a waiver of any right to object to a particular legislative position within this notice.The policy requires the Bar to notice such legislative positions in the next available News issue following their adoption.Pursuant to Standing Board Policy 9.20, on April 2 the Board of Governors approved the following positions of The Florida Bar:13. The Florida Bar favors the most restrictive limitations on lawyer advertising consistent with constitutional requirements.14. Supports the continuation of status quo funding for legal aid programs, through reactivation of local optional filing fee service charges within F.S. Ch. 28 & 34 which were abolished effective July 1, 2004 through passage of Ch. 2003-402, Laws of Florida.15. Supports the continuation of status quo funding for law libraries, through reactivation of local optional filing fee service charges within F.S. Ch. 28 & 34 which were abolished effective July 1, 2004 through passage of Ch. 2003-402, Laws of Florida.Appointments to be filled in May In Amendments to Florida Supreme Court Approved Family Law Forms- Stepparent Adoption Forms, No. SC04-104 (Fla. Mar. 25, 2004), the Florida Supreme Court adopted extensive amendments to the Florida Supreme Court Approved Family Law Forms governing stepparent adoptions.Legislation enacted in 2003 eliminated the requirement that petitioners in stepparent, relative, and adult adoptions file a separate termination of parental rights proceeding pending adoption, and the requirement that parents of adult adoptees provide consent to the adoption. See Ch. 2003-58, §12 at 478, § 7 at 494, Laws of Fla. Consistent with these amendments, the Court deleted the following forms: Form 12.981(a)(1), Petition to Terminate Parental Rights Pending Stepparent Adoption; Form 12.981(a)(6), Notice of Petition to Terminate Parental Rights Pending Stepparent Adoption and Notice of Hearing; Form 12.981(a)(7), Final Judgment Terminating Parental Rights Pending Stepparent Adoption; Form 12.981(c)(3), Stepparent Adoption: Consent of Adult Adoptee’s Birth Parent(s). Further, legislation enacted in 2003 requires the petitioner in each termination of parental rights proceeding or adoption under chapter 63 to search the Putative Father Registry, see ch. 2003-58, §11 at 471, Laws of Fla. Because section 63.0541, Florida Statutes (2003), contains a public records exemption for the Putative Father Registry and provides that information made confidential may be disclosed upon issuance of a court order concerning a petitioner acting pro se, the Court created the following new forms: Form 12.981(a)(6), Motion for Search of the Putative Father Registry; Form 12.981(a)(7), Order Granting Motion for Search of the Putative Father Registry. Finally, the Court incorporated the aforementioned legislative changes into, and made additional less significant amendments consistent with the 2003 legislation to, the following existing forms: Form 12.981(a)(2), Termination of Parental Rights Pending Stepparent Adoption: Consent and Waiver by Parent; Form 12.981(a)(3), Stepparent Adoption: Consent of Adoptee; Form 12.981(a)(4), Affidavit of Nonpaternity; Form 12.981(a)(5), Termination of Parental Rights Pending Stepparent Adoption: Affidavit of Diligent Search; Form 12.981(a)(8), Indian Child Welfare Act Affidavit; Form 12.981(b)(1), Joint Petition for Adoption by Stepparent; Form 12.981(b)(2), Final Judgment of Stepparent Adoption; Form 12.981(c)(1), Petition for Adoption of Adult by Stepparent; Form 12.981(c)(2) Stepparent Adoption: Consent of Adult Adoptee’s Spouse. The new and amended forms became effective immediately because the legislative amendments became effective on May 30, 2003. See ch. 2003-58, § 39, at 523, Laws of Fla.The Court invites all interested persons to comment on the new and amended forms, which are reproduced online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the Court on or before June 1, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette.Florida Sexual Violence Forms amended The 13th Circuit Judicial Nominating Commission is now accepting applications for a circuit vacancy created by the death of Judge Robert J. Simms.Applicants must be residents of Hillsborough County, registered voters, and a member of The Florida Bar in good standing for the past five years.Applications may be downloaded from The Florida Bar’s Web site at www.flabar.org or picked up from the office of C. Howard Hunter, JNC Chair, 101 E. Kennedy Blvd., Suite 3700, Tampa 33602, any time between 8:30 a.m. and 5 p.m., Monday through Friday.An original and nine copies of the complete application and supplements A and B must be received by Hunter no later than 5 p.m., May 10. Applications which are not complete will not be considered.Hamilton County judgeship available The Transportation Lawyers Association will hold its 2004 annual conference June 1-5 at The Breakers in Palm Beach in conjunction with the Canadian Transport Lawyers’ Association Mid-Year Meeting.The agenda will focus on legal issues affecting international trade and transportation, including security and other cross-border issuesFor more information about TLA and its annual conference visit www.translaw.org.Board approves Bar budget amendments The Board of Governors is seeking applicants for the following vacancies to be filled during its May 28 meeting: ABA House of Delegates: Three lawyers (one under 35 delegate) to serve two-year terms commencing August 11 at the conclusion of the ABA Annual Meeting in Atlanta. Applicants must also be ABA members. Florida Legal Services, Inc., Board of Directors: Five lawyers to serve two-year terms commencing July 1. This is a 21-member board that provides civil legal assistance to indigent persons. Florida Lawyers Assistance, Inc., Board of Directors: Four lawyers and one nonlawyer to serve three-year terms commencing July 1. This 15-member board assists the legal community in securing counseling and treatment for emotional and chemical dependency problems for lawyers. Florida Medical Malpractice Joint Underwriting Association Board of Governors: One lawyer to serve a two-year term commencing July 1. This is a nine-member board of governors that develops a means of obtaining loss and expense experience in medical malpractice issues. Supreme Court’s Judicial Ethics Advisory Committee: One attorney to serve a four-year term commencing July 1, 2004. This is a 12-member committee that renders written advisory opinions to inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.Persons interested in applying for any of these vacancies may download the Application for Special Appointment from the Bar’s Web site, www.flabar.org, or should call Bar headquarters at(850) 561-5600, ext. 5757, to obtain the application form. Applications may also be obtained by writing the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300. Completed applications must be received by the executive director no later than 5:30 p.m. May 7. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews.13th JNC seeks judicial applicants Improved security at the Bar headquarters in Tallahassee and helping pay for the upcoming Florida Supreme Court celebration of Brown v. Board of Education were the subjects of budget amendments at the recent Board of Governors meetings.The board accepted Budget Committee recommendations to spend $53,000 improving security at the Bar and $1,700 to help co-sponsor the May 17 ceremonial session and reception honoring the 50th anniversary of the Brown decision.The board acted at its April 2 meeting.Proposed Board actions May 1, 2004 Notices Notices Board takes legislative positions The Third Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Hamilton County bench as a result of the death of County Judge David E. Bembry.Applicants must be members of the Bar in good standing, registered voters, and must reside in Hamilton County upon assuming office.Applications may be obtained from Guy W. Norris, JNC Chair, 253 N.W. Main Blvd., Lake City 32055, phone (386) 752-7240. Applications may also be obtained from The Florida Bar Web site at www.flabar.orgAn original and nine copies of the completed application must be received by Norris no later than 2 p.m. May 6. In the past, applicants who failed to strictly comply with the application deadline and filing requirements were treated as if they had not applied at all. Interviews will be held May 17 in the Hamilton County Courthouse in Jasper.Florida Family Law Forms amended The Rules of Judicial Administration Committee invites comment on the proposed out-of-cycle amendment to the Florida Rules of Judicial Administration shown below. The full text of the proposal can be found on The Florida Bar’s Web site at www.flabar.org. Interested persons have until June 1, 2004, to submit comments to Stanford R. Solomon, Chair, Rules of Judicial Administration Committee, 400 N. Ashley Dr., Ste. 3000, Tampa 33602-4331.Transportation lawyers to meet Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its May 28, 2004 meeting on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable.Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective.To receive a full copy of the text of any of these proposed amendments call (850) 561-5751 — reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 3 Rules of Discipline Subchapter 3-7 Procedures 1. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal MisconductSummary: Within subdivisions (b) and (c) extends conclusive proof provisions from felony cases to all criminal cases and requires a member of the bar who is arrested to give notice of the arrest to the executive director; also within subdivision (f), adds language stating that a petition to modify or terminate a suspension due to criminal conviction may only challenge the jurisdiction of the criminal court proceeding or the validity of the criminal proceedings due to a denial or lack of due process; amends subdivision titles accordingly. 2. Rule 3-7.10 Reinstatement and Readmission ProceduresSummary: Within subdivision (g), requires petitioner to allow inquiry into petitioner’s history of treatment or counseling of chemical or alcohol dependency or a medical condition that adversely affects the petitioner’s fitness to practice, but provides that if such information is confidential, that confidentiality may be preserved by sealing that portion of the record; also within subdivision (l)(4) clarifies that “groups” as well as “persons” may respond to a petition for reinstatement and direct comments to bar counsel. 3. Rule 3-7.11 General Rule of ProcedureSummary: Within subdivision (f), revises and restates procedure for processing contempt actions to provide 1 procedure in all contempt matters; also provides procedure to institute proceedings, requires responses within court-established timelines, allows bar reply; permits assignment of a referee to develop factual record and clarifies that any proceedings before a referee are processed under the Rules Regulating The Florida Bar; deletes subdivision (g) and incorporates the contents therein within subdivision (f); reorganizes subdivisions accordingly; within new subdivision (g), provides that if the bar has court reporters as employees and a respondent objects to their service, the respondent is required to compensate the bar for the cost of hiring an independent court reporter. Chapter 4 Rules of Professional Conduct Subchapter 4-1 Client-Lawyer Relationship 4. Rule 4-1.5 Fees for Legal ServicesSummary: Within subdivision (e) and comment, adds language clarifying that the fact that a fee contract may not be in accord with Rules Regulating The Florida Bar is an issue between lawyer and client, and a matter of professional ethics – not a basis for any action or defense by an opposing party in the attendant litigation. Subchapter 4-7 Information About Legal Services 5. Rule 4-7.7 Evaluation of AdvertisementsSummary: Within subdivision (b)(5), increases the filing fee for the evaluation of lawyer advertisements, from $100 to $150. Subchapter 4-8 Maintaining the Integrity of the Profession 6. Rule 4-8.1 Bar Admission and DisciplineSummary: Adds new subdivision (c) and comment to specify that an applicant for admission or a lawyer in connection with an admission or disciplinary matter shall not commit an act that adversely reflects on the applicant’s fitness to practice law; further specifies that an applicant who commits such an act before admission, but which is discovered thereafter, is subject to discipline under the Rules Regulating The Florida Bar. Chapter 6 Legal Specialization and Education Programs Subchapter 6-3 Florida Designation Plan 7. Rule 6-3.5 Standards for CertificationSummary: Adds new provision allowing attorneys applying for certification in international law to count the international practice of law as up to 3 of the 5 years required for certification. Chapter 9 Legal Services Plans Subchapter 9-2 Requirements 8. Rule 9-2.2 Form and Content of Plan ApplicationSummary: Within subdivision (e), increases the prepaid legal services plan application fee from $50 to $125. Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law Subchapter 10-2 Definitions 9. Rule 10-2.1 GenerallySummary: Clarifies what legal forms are Supreme Court-approved forms for purposes of the rule. 10. ABA MODEL RULESSummary: Chapters 4 and 5 of the Rules Regulating The Florida Bar revised throughout based on the final report of the Special Committee to Review the ABA Model Rules 2002. The proposed changes conform to the recommendations of the ABA Ethics 2000 Commission report. The full report including proposed changes in legislative format can be found on the bar’s website under Organization – Committees – Special Subchapter 4-1 4-1.1 4-1.2 4-1.3 4-1.4 4-1.5 4-1.6 4-1.7 4-1.8 4-1.9 4-1.10 4-1.11 4-1.12 4-1.13 4-1.14 4-1.15 4-1.16 4-1.17 4-1.18 Subchapter 4-2 4-2.1 4-2.2 4-2.3 4-2.4 Subchapter 4-3 4-3.1 4-3.2 4-3.3 4-3.4 4-3.5 4-3.6 4-3.7 4-3.8 4-3.9 Subchapter 4-4 4-4.1 4-4.2 4-4.3 4-4.4 4-5.1 4-5.2 4-5.3 4-5.4 4-5.5 4-5.6 4-5.7 Subchapter 4-6 4-6.1 4-6.2 4-6.3 4-6.4 4-6.5 Subchapter 4-7 4-7.1 4-7.2 4-7.3 4-7.4 4-7.5 4-7.6 4-7.7 4-7.8 4-7.9 4-7.10 4-7.11 Subchapter 4-8 4-8.1 4-8.2 4-8.3 4-8.4 4-8.5 4-8.6 Chapter 5 Subchapter 5-1 5-1.1 5-1.2 BOARD OF LEGAL SPECIALIZATION AND EDUCATION POLICIES 200 Series Florida Certification Plan 11. BLSE Policy 2.04 Certification Annual FeeSummary: Within subdivisions (c) and (f), adds new policy to assess $50 late fee for annual fee payments more than 45 days late and increases the annual fee and recertification file extension fees from $100 to $125. 12. BLSE Policy 2.11 Exam Preparation and AdministrationSummary: Within subdivision (e), replaces “approved” with “eligible” to describe certification candidates found to have satisfied the application criteria sufficient to sit for examination. 600 Series Florida Continuing Legal Education Education Requirements 13. BLSE Policy 6.03 Calculation and Allowance of Educational CreditSummary: Within subdivision (c), updates policy language to include reference to “mental illness awareness” component of CLER. 700 Series Basic Skills Course RequirementSummary: Re-write of BSCR policies to conform to current practice and to reflect corrections consistent with existing rules; removes duplicative rule 6-12 language; cites specific references to the rules to eliminate the necessity for further policy revisions upon changes to the rule; eliminates annual reporting of deferral entitlement; eliminates hearing procedures for noncompliance; adjusts delinquency reinstatement fee consistent with rule 1-3.7(b); adds reinstatement provisions consistent with rule 1-3.7(c) through (e); and, eliminates reference to the rules of procedure and burden of proof required in proceedings before BLSE. 14. Policy 7.01 Administration 15. Policy 7.02 Deferment 16. Policy 7.03 Exemption 17. Policy 7.05 Procedures on Noncompliance and Appeal 18. Policy 7.06 Reinstatement 19. Policy 7.08 Rules of Procedure and Burden of Proof BYLAWS 20. Elder Law SectionSummary: Within Article II (Membership) revises the definition of affiliate members by deleting graduates of any law school, legal assistants, and public members; also adds and defines “at large”membership in the section; within Article III (Officers) adds that the chair-elect shall serve as chair of the legislative committee, and clarifies that the chair-elect automatically becomes chair at the conclusion of duties, without election; within Article IV (Executive Council) revises membership to include past chairs for the 5 preceding years rather than just the immediate past chair; also adds at large members, if any, to the council; within Article V (Committees) deletes from the administrative division group the coordination & liaison committee and the public & member information committee; also deletes from the substantive division group the home & community-based services for the elderly & residency issues committee and the health care committee; retitles estate & financial planning committee, to be the estate planning & advance directives committee, and revises committee scope accordingly; adds medicaid committee to the substantive group; clarifies scope of government benefits committee, to exclude medicaid issues; within Article VI (Meetings) clarifies that advance notice of meetings shall be at least 15 days and may include regular modes of electronic communication used by the section; within Article VIII (Miscellaneous) clarifies that compensated contractual services require the approval of the executive committee, and adds a procedure for approval of bylaw amendments by the executive council. Reorganizes throughout to conform to latest guideline. 21. Government Lawyer SectionSummary: Within Article III (Officers) – deletes provisoins for nominating officers by petition but adds provision for nominations from the floor at the annual meeting, deletes provision whereby the section chair appoints the section secretary and treasurer, and revises outdated references to “convention” to read “annual meeting;” within Article IV (Executive Council) allows meetings by conference call, adds all past section chairs as eligible members of executive council, allows chairs of special committees as eligible for executive council membership, and deletes provision for nominating executive council members by petition but adds new election procedures for utilization at annual meeting; within Article V (Meetings) specifies quorum and voting requirements for annual and regular meetings of executive council, authorizes conference call attendance at regular meetings; and within Article VI (Committees) deletes pro bono services committee. 22. Labor & Employment Law SectionSummary: Within Article V (Terms of Officers and Executive Council Members, etc) adds requirements for those seeking the offices of chair of both the CLE Committee and CLE Subcommittee. 23. Young Lawyers DivisionSummary: Within Article IV (Election of Division Officers) revises voting timelines for office of president-elect, effectively shortening the process by 1 month in most instances; within Article V (Board of Governors) deletes provisions requiring automatic removal of board members for lack of attendance, and substitutes new provision allowing removal for cause by resolution of the board adopted by two-thirds vote of the entire membership; revises subdivision title accordingly, from “Lack of Attendance,” to “Removal.”Corrected YLD PWP amendments May 1, 2004 LAWS Notices The Board of Governors of The Florida Bar hereby publishes this corrected notice of intent to file with the Supreme Court of Florida, on or about June1, 2004, a petition to amend the Rules Regulating The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs such matters.The revised verbiage corrects the January 1, News notice of the Bar’s intention to petition for amendment of Rules 6-12.3 & 6-12.4 regarding the basic skills course requirement. A scrivener’s error appeared within the published revisions to Rule 6-12.4(c)(1) as proposed, which were intended to codify certain grandfather components of the rule affecting government attorneys. The revised entry is now consistent with all other recommended changes within the rule and commentary.The full text of the proposed amendments is printed in its entirety below. A copy of the petition will be available on the Bar’s Web site ( www.flabar.org ) and the court’s Web site ( www.flcourts.org ) after the petition has been filed. If you do not have Internet access, you may request a copy by contacting the Office of the General Counsel, The Florida Bar, 651 Jefferson East Street, Tallahassee 32399-2300 or calling (850) 561-5600, ext. 5751.Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. RULES REGULATING THE FLORIDA BAR CHAPTER 6. LEGAL SPECIALIZATION AND EDUCATION PROGRAMS *** SUBCHAPTER 6-12. BASIC SKILLS COURSE REQUIREMENT *** RULE 6-12.3 REQUIREMENT (a) Course Components. Compliance with BSCR shall include in-person attendance at:(1) the a 1-day Practicing with Professionalism program sponsored by the YLD; and(2) 2 3 elective, basic, substantive continuing legal education programs sponsored by the YLD. (b) Time for Completion. BSCR shall be completed as follows:(1) the Practicing with Professionalism program shall be completed no sooner than 8 12 months prior to or no later than 12 months following admission to The Florida Bar; and(2) the 2 3 elective, basic, substantive continuing legal education programs shall be completed during the member’s initial 3-year continuing legal education requirement reporting cycle assigned upon admission to The Florida Bar. RULE 6-12.4 DEFERMENT AND EXEMPTION (a) Deferment of Practicing with Professionalism Requirement . (1) Deferment Eligibility . A member of The Florida Bar is eligible to defer compliance with the BSCR requirements of rule 6-12.3(a)(1), if:( 1 A ) the member is on active military duty;( 2 B ) compliance would create an undue hardship;( 3 C ) the member is a nonresident member whose primary office is outside the state of Florida; or (4) the member is a full-time governmental employee; or( 5 D ) the member elects inactive membership status in The Florida Bar.( b 2 ) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(1) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must:( 1 A ) promptly notify The Florida Bar in writing of the date deferment expired; and( 2 B ) attend the Practicing with Professionalism program within 12 months of deferment expiration ; and (3) attend 2 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration. (b) Deferment of Basic Level YLD Courses.(1) Deferment Eligibility. A member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(2) if:(A) the member is on active military duty;(B) compliance would create an undue hardship;(C) the member is a nonresident member whose primary office is outside the state of Florida;(D) the member is a full-time governmental employee; or(E) the member elects inactive membership status in The Florida Bar.(2) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(2) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must:(A) promptly notify The Florida Bar in writing of the date deferment expired; and(B) attend 3 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration. (c) Exemption. An exemption from rule 6-12.3(a)(2) shall be granted if:(1) Governmental Practice. An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least 6 years. (2) Foreign Practice . An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law (non-governmental) in a foreign jurisdiction for a period of 5 years ; (2) within the immediate 3-year period, the member , can demonstrate completion of 30 hours of approved continuing legal education ; within the immediate 3-year period, and (3) the member can attest s that the continuing legal education completed has reasonably prepared the member for the anticipated type of practice in Florida. Comment In [ Case Citation ] the Supreme Court of Florida accepted changes to rule 6-12.3 that were proposed by The Florida Bar and which, effective [ insert Implementation Date ], made lawyers who were engaged in a government practice for 6 years or more additionally exempt from the continuing legal education component of the Basic Skill Course Requirement. Further changes within those bar proposals, however, eliminated for any “full-time governmental employee” the deferment of the Practicing with Professionalism (hereinafter PWP) component of the BSCR. To accommodate that latter change, the bar requested – and the court accepted – a scheduled implementation of the revision whereby all such government lawyers who had benefitted from the deferral as of its [ insert Implementation Date ] elimination, would still be entitled to defer the Practicing with Professionalism component of the BSCR as long as they continuously remained in government practice. In addition, the court accepted the bar’s willingness to administer that [ Implementation Date ] change so that any government lawyer then deferred from PWP and who had already or thereafter served 6 years or more in a governmental practice would be granted exemption from PWP. This comment memorializes those accommodations agreed to by the bar in its administration of these [ insert Implementation Date ] rule changes.last_img read more

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