The Docket April 2020 - Page 18

N E W S O F N OT E n Rob Robinson is pleased to announce that after 31 years of practicing law in Sarasota County with the area’s most established law firms he has opened Rob Robinson Attorney, P.A. at 500 S. Washington Blvd., Suite 400 in Sarasota. Mr. Robinson is Board Certified in City, County and Local Government Law and has extensive experience in commercial litigation and administrative matters surrounding land use, environmental law, labor and employment, and appellate practice matters. Mr. Robinson can be reached at his firm website In HOMESTEAD from Page 13 Memoriam Continued a “residency-based” tax credit in Erin Lee Dailey 1966–2020 robrobinson.law SANDWICHES Continued from Page 9 Monday through Friday from 7:30 a.m. to 3:30 p.m. Ample seating is available inside and out, as well as takeout, downtown delivery, catering, and coveted online ordering. And don’t forget, if you bring in your Sarasota County Bar Association card you will get 15% off or a free side item! Who said attorneys can’t shop a good deal!? The Main Bar Sandwich Shop The Double Italian ($11.50) is pressed to order filled with salami, ham, provolone cheese, tomatoes, chopped peppers, onions, oil, garlic, and spices . . . ’nuff said. Find us on Facebook Want to be reminded of upcoming SCBA events while you scroll through Facebook? How about a glimpse of past events you missed? Maybe even some local legal news and events? Please “like” our Facebook page to receive future updates and photos by clicking here: www.facebook.com/SarasotaBar 18 The Docket · April 2020 another state for which they did not apply and for which they may not even be aware. In other words, as a result of a policy, practice, or mistake by a property appraiser in another state, Florida Property Appraisers are stripping and penalizing Florida residents of their homestead exemption. I f we are intellectually honest, the true purpose of the statutes is to prevent actual homestead fraud. However, in their current form, Florida permanent residents who, through no fault of their own, are receiving a de minimis “residency based” tax credit in another state, are being held strictly liable under §§196.031(5) and 196.161(1)(b) due to the absence of a knowledge requirement. In light of Florida’s affinity for homestead protection, the current application of §§196.031(5) and 196.161(1) (b) seems incongruous and unreasonably punitive. In addition to being codified in the Florida Constitution, homestead property is protected in Florida even when used in the course of conducting a crime, or when acquired with nonexempt assets specifically with the intent to hinder, delay, or defraud creditors. See Butterworth v. Caggiano, 605 So. 2d 56 (Fla. 1992) and Havoco of Am., Ltd. v. Hill, 790 So. 2d 1018 (Fla. 2001). Although admittedly, the analysis applied to homestead forfeitures and homestead tax exemptions are not identical, the underlying substantive right protected by the Florida Constitution is the same. Until a permanent fix to the language of §§196.031(5) and 196.161(1)(b) is fashioned, practitioners beware! For those of you performing estate planning work, especially for those clients who are merging estates with a new spouse, or for those of you with clients who maintain properties in multiple states, I encourage you to take a detailed look into the status of all your clients’ residential property, owned jointly or individually, to determine whether they are unknowingly running afoul of §§196.031(5) and 196.161(1) (b). Because, as it currently stands, a misstep related to §§196.031(5) and 196.161(1)(b) could be catastrophic. EXUBERANCE Continued from Page 17 out of their 401(k) or other retire- ment accounts. Depending on a consumers’ age, this can be expen- sive money with 20% penalties plus income taxes to be paid on the withdrawal. If a consumer is over the age of 50, he may never have the ability to make up the lost retirement savings. How does one avoid these disas- ters and not have to seek protection under the U.S. Bankruptcy Code? First, consumers should start paying down any debt that have, especially high interest credit cards, beginning today. Second, they need to eliminate unnecessary expenses, and create and follow a budget. Going out to eat five days a week and charging it on a credit card is not what to do if you are concerned about a downturn in your income. Third, start creating that emergency fund today if you don’t already have one in place. Again, I am not an economist. However, based upon what I have seen in my practice the last 32 years and, based upon the axiom that “history repeats itself,” now is the time to prepare for the inevitable economic downturn coming our way. CLASSIFIED ADS OFFICE SPACE Office suites for rent on Main Street — walking distance to courthouse. Furnished or unfurnished available for immediate move-in. Please call Dan Dannheisser at 941-365- 7600. Looking for an attorney with a compatible practice to share office space in the Northern Trust Building in downtown Sarasota, or for an associate/partner in Wills, Trusts, and Estates to join established AV rated practice. Call David Silberstein, Esq., 941-953-4400 for more details. All inquiries confidential. How to Place a Classified Ad To place a classified advertisement, call the Bar office or send an email to scba@sarasotabar.com. Wanted: News items Have you or a member of your firm achieved professional recognition? Have you hired a new attorney? Any other news of note? If so, we would like to hear about it. Email your “News of Note” items to scba@sarasotabar.com .