STATE LOBBYING SERVICES AGREEMENT (4)
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LEGISLATIVE CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made on the 1st day of October, 1996, by and between the
CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 34618, (the
"City") and the law firm of PENNINGTON, CULPEPPER, MOORE, WILKINSON,
DUNBAR & DUNLAP, P.A., P. O. Box 10095, Tallahassee, Florida 32302
("Consultant").
WIT N E SSE T H:
WHEREAS, City issued a Request for Qualifications from Consultant to provide
Legislative Consultant Services, attached as Exhibit A; and
WHEREAS, Consultant agrees to provide Legislative Consultant Services to the
City as described in Consultant's Qualifications Submittal proposal, attached as Exhibit B;
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is
hereby authorized under the terms and conditions of this Agreement to provide
Legislative Consultant Services to City as described in Exhibits A and B.
SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and
active in the state legislative process by working with City staff to advocate the City's
position regarding issues before the state legislature and various state agencies.
Consultant agrees to organize a lobbying team led by Peter M. Dunbar and Martha
Edenfield which shall include all the resources of the individual lobbyists of the
consultant's firm to assist and represent the City on issues which shall include, but are not
limited to the following:
A. Preparation and presentation of the annual legislative package to the
Pinellas County legislative delegation.
B. Actively seek state and federal funding for the replacement of the Memorial
Causeway Bridge and working with the Florida Department of Transportation to allow the
City to pay for the cost of replacing the bridge and to be reimbursed at a later date.
C. Organize and retain individual lobbyists to assist the City and other interests
that have similar points of view.
D. Develop and maintain contacts with the House and Senate members of the
local delegation in assembling a vote count for key committees in both houses, including
lists of votes and strategies to convert to obtain votes.
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E. Appearing before committees and coordinating all the messages that will be
delivered to both House and Senate members as developed and approved by the
lobbying team.
F. Establish and maintain regular lines of communication with all elements of
the lobbying team and its allies.
G. Develop specialized strategies for subgroups and caucus in the process.
H. Coordinate and monitor the activities of any opposition point of view in the
legislative process.
SECTION 3. LOBBYING TEAM. It is understood and agreed between the City
and Consultant that the responsibility for organization and leadership of the lobbying team
will fall upon Peter M. Dunbar and Martha Edenfield, but the consultant team will include
all of the resources of the Consultant's individual lobbyists. The City reserves the right in
its absolute discretion to cancel this Agreement if either Peter M. Dunbar or Martha
Edenfield are not responsible for the organization and leadership of the lobbying team.
SECTION 4. TERM. The initial term of this Agreement shall be from October 1,
1996 through September 30, 1997. Thereafter, the City shall have the option to extend
the Agreement on an annual basis with thirty (30) days written notice to Consultant under
the same terms and conditions through September 30, 2002.
SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant
agree to an annual flat fee for legislative consulting services of Twenty-Six Thousand
Dollars ($26,000). Consultant shall bill City Three Thousand Dollars ($3,000) per month
for the legislative and campaign months of October through April, and One Thousand
Dollars ($1,000) for the months of May through September. Special projects before
executive agencies that are not included in the Scope of Services will be agreed to in
advance and billed separately at the Consultant's hourly rate of $125 to $200 per hour as
approved by the City Manager.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Manager without markup, for long distance calls and facsimiles, copying or
reproducing documents, postage, court costs, parking costs and travel incurred by
Consultant in performance of the duties hereunder. Travel and per diem costs as well as
automobile travel expenses shall not exceed that which is available to City of Clearwater
employees.
SECTION 7. INDEMNIFICATION AND INSURANCE. Consultant agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents free
and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges, professional fees or other expenses or liabilities of every kind and
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character arising out of or due to any negligent act or omission of Consultant or its
employees in connection with or arising directly or indirectly out of this Agreement and/or
the performance hereof. Without limiting its liability under this Agreement, Consultant
shall procure and maintain during the life of this Agreement professional liability insurance
in a minimum amount of one million dollars ($1,000,000.00). This provision shall survive
the termination of this Agreement.
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Consultant that Consultant is not aware of any clients of the firm that currently present
any direct conflict between the interests of the City and other clients of Consultant. If any
potential conflict of interest arises during the time Consultant is representing the City,
Consultant will promptly inform the City. In that event, Consultant and City shall agree
upon a lobbyist to represent the City on any issue in conflict and agree upon the
appropriate fee for said services, which shall be deducted from Consultant fee.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and
Consultant.
SECTION 10. COMPLIANCE WITH RECYCLED PAPER ORDINANCE.
Consultant agrees to comply with the City's Recycled and Recyclable Products
Ordinance Sec. 2.601 which states the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual performance standards.
For the purposes of this paragraph, the price of recycled paper shall be considered
"reasonable" if its cost is no more than ten percent higher than the lowest price offered for
non-recycled paper.
B. All reports submitted to the City shall use both sides of paper sheets whenever
practical.
C. Consultant shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Consultant shall submit such records to the City according to procedures to be
established by the Purchasing Manager.
SECTION 11. CANCELLATION OF AGREEMENT. Either party may cancel this
Agreement for any reason upon thirty (30) days advance written notice to the other party.
In the event of cancellation, Consultant shall immediately cease work hereunder and
shall be reimbursed for eligible and documented reimbursable expenses incurred prior to
the date of cancellation.
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SECTION 12. ATTORNEYS FEES. In the event that either party seeks to enforce
this Agreement through attomeys at law, then the parties agree that each party shall bear
its own costs and that jurisdiction for such an action shall be in a court of competent
jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Eliza
tula, City Manager
Approved as to form and
'11rrncy:
Pamela K. Akin, City Attomey
Attest:
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~nt ~ oUdeau, City Clerk.
PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNLAP, P.A.
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I ~~ro'QUALlFIC6noJsF}{~~~~~T ~
~ City of au.uwaur Is .wlIcItIng qualVled IndivldutJls 10 represent 1M City's Interest In the
state ltglskuure ond OiMr requlrtd lobbying efforts on the City's behtllf.
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INSTRUCTIONS FOR PREPARATION OF SUBMI1TAL OF OUALIFICATIONS
GENERAL
The City of Clearwater is located on the central west coast of Florida. It contains 34.9 square miles of land
and water areas and has a population of approximately 100,000. With 1,624 full time employees, Clearwater
is a full service city, including its own gas utility serving northern Pinellas and southern Pasco Counties. The
1996 fiscal year budget is a total of S 170,878,520 that includes $64,303,180 in the General Fund, $62,030,860
in Enterprise Funds and $44,544,480 in Capital Improvement Projects. Clearwater is tourist oriented but is
beginning to attract hi-tech industries.
The City of Clearwater believes it is in its best interest to be informed and active in the legislative process.
To that end, the City contracts with a lobbyist. The lobbyist is expected to work closely with a City
administrative staff member to advocate the City's position regarding issues before the state legislature, to keep
the City informed on issues of concern or potential concern to the City, and to proactively seek opportunities
on issues of concern to the City. The lobbyist also assists the City in working with various state agencies to
obtain desired actions.
The City annually prepares a legislative package based on input from the City Commission and City
departments. The City's lobbyist will provide input to the City during the formation of this package. After
Commission approval, the package is submitted to the Pinellas County Legislative Delegation at its local public
hearings held in the fall of each year. The lobbyist is also provided a copy of the package.
Currently, the City is very involved in seeking state and federal funding for the replacement of the Memorial
Causeway Bridge. Should funding not be available, City staff is working with the Florida Department of
Transportation (FOOT) to allow the City to pay for the cost of replacing the bridge and be reimbursed at a later
date. This avenue is being pursued based on legislation passed in the last legislative session that allows FDOT
to enter interloca1 agreements with government agencies for the reimbursement. Other issues currently of
major importance include the redevelopment of downtown and the beach.
SUBMITTAL REQUIREMENTS
As part of the submittal, each applicant must show:
1) the capability to be an effective lobbyist at the state legislative level on behalf of a local
government municipality;
2) familiarity with state agencies and a record of a successful working relationship with these
agencies;
3) the capability to review pending or proposed regulations and laws at the state and federal level
to identify the impacts on Clearwater;
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4)
the ~ to idenlry opportunities for the City of ~ and
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S) the capability to communicate effectively with the City concerning its needs and interests.
The submittal should contain:
1) A plan which defines an approach to assist the City of Clearwater in its lobbying efforts,
personnel available from the firm, and basis for computing fees and charges. If an hourly rate
is proposed, the submittal shall include an estimate of hours required.
Also, each Proposer shall furnish the following information in the proposal:
1) company history, past experience and applicability of experience;
2) qualifications of key personnel who will lobby on the City's behalf;
3) five references including names and telephone numbers of current and former clients to whom
similar services were provided; and
4) a proposed agreement.
OUALIFICATIONS SUBMITTAL
All submittals shall be delivered to the City's Purchasing Manager, City of Clearwater, 100 S. Myrtle Avenue,
third floor, Clearwater, FL 34616, prior to the opening time of Friday, August 2, 1996, at 4:00 p.m. EST.
(The City's mailing address is City of Clearwater, P. O. Box 4748, Clearwater, FL 34618-4748.) The delivery
of the competitive proposal to the City of Clearwater Purchasing Office prior to the specified date and time is
solely and strictly the responsibility of the Proposer. All competitive proposals must be manually and duly
signed by an authorized corporate employee with the authority to bind said Proposer. All submittals must be
marked on the outside:
-Qualiracations submittal to provide lobbying services to the City of Clearwater-
The Proposer shall submit five (5) copies of the sllbmittals in their entirety.
CLARIFICA nON AND ADDENDA
Each Proposer shall examine all RFQ documents and shall judge all matters relating to the adequacy and
accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification,
or additional information pertaining to the RFQ shall be made through the City of Clearwater Purchasing
Manager, George McKibben, telephone (813) 562-4634. The City of Clearwater shall not be responsible for
oral interpretations given by any City of Clearwater employee, representative, or others. The issuance of a
written addendum is the only official method whereby interpretation, clarification, or additional information
can be given. If any addenda are issued to this RFQ, the City of Clearwater will attempt to notify all
prospective Proposers who have secured same. However. it shall be the responsibility of each Proposer, prior
to submitting the proposal, to contact the City of Clearwater to determine if addenda were issued and to make
such addenda a part of the proposal.
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Written proposals, other submissions, correspondence, and all records made thereof, as well as negotiations
conducted pursuant to this RFQ, shall be handled in compliance with Chapters 119 and 286 Florida Statutes.
The City gives no assurance as to the confidentiality of any portion of any proposal once submitted.
RIGHT TO PROTEST
Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract
may seek resolution of hisIher complaints by contacting the Purchasing Manager.
NO CORRECTIONS
Once a proposal is submitted, the City of Clearwater shall not accept any request by any Proposer to correct
errors or omissions.
RETENTION AND DISPOSAL OF PROPOSALS
The City of Clearwater reserves the right to dispose of any or all copies of competitive proposals in whatever
manner it deems appropriate. No copies of any proposal will be returned to the Proposer.
SCHEUULE
The tentative schedule for the evaluation and negotiation of proposals is as follows:
o Proposal Opening
Friday, August 2, 1996, at 4:00 p.m. EST
o Presentation to Staff
Friday August 9, 1996
o Recommendation of Top Ranked Finns
and Presentations by the Finns
City Commission, August 15, 1996
o Negotiation of Contract
August 22, 1996
o Commission approval of Contract
September 5, 1996
The above schedule may be changed solely at the City of Clearwater's discretion.
SIGNA TURE
Proposer to acknowledge by authorized signature that it has read and concurs and/or takes exception as noted
to the requirements listed in this RFQ.
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EVALUATION CRITERIA AND RANKING PROCESS
GENERAL
The evaluation and ranking of competitive proposals shall be accomplished utilizing the criteria described in
this Section. Only information and data included in the Proposer's proposal shall be considered in the
evaluation and ranking process.
COMPLETENESS OF COMPETITIVE PROPOSALS
Proposals which are deemed incomplete or non-conforming with instructions and requirements of this RFQ may
not be given further evaluation. The City of Clearwater reserves the right to reject any or all proposals.
TECHNICAL AND FINANCIAL EV ALVA nON
All proposals shall be equally evaluated with respect to the completeness of the data provided, support for all
claims made, and the overall approach taken. The following criteria shall be utilized in the evaluation of the
Proposer's proposal:
o adequacy of the proposed overall proposal and the ability of the
Proposer to provide lobbying services to the City of Clearwater;
o feasibility, reliability, and sufficiency of the proposed approach,
and experience of proposed staff;
o basis of cost:
o ability to perform the services required;
o demonstration of ability to comply and maintain compliance with
all terms of the RFQ;
o past experience and applicability of experience to proposal; and
o reports from references.
INFORMALITY W AIVER/REJECTlON OF PROPOSALS
The City of Clearwater reserves the right to reject any or all responses and to waive any irregularity, variance
or informality whether technical or substantial in nature, in keeping with the best interests of the City.
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QUALIFICATIONS SUBMITfAL TO PROVIDE
LOBBflNGSERWCESTOTHE
CITY OF CLEARWATER
PROPOSAL FROM PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNLAP, P.A.
Post Office Box 10095 (32302)
215 South Monroe Street, 2nd Floor
Tallahassee, Florida 32301
(904) 222-3533
(904) 222-2126 (facsimile)
e-mail address:phlaw@supernet.net
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INTRODUCfION
The law firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A.,
(the "Firm") is pleased to respond to the City of Clearwater's Request for Qualifications for
Legislative Consultant Services.
The Finn's response includes an overview of the Firm's qualifications,
accomplishments and related work, the Firm's approach for providing the scope of services
outlined in the RFQ, biographical information on key personnel, a proposed agreement and
all required information.
The Firm's approach to providing legislative consulting services is designed to provide
open, continuous and timely communications to insure that the City of Clearwater is
apprised of all legislative and agency developments which would have a direct impact on the
City and on its citizens or which would be of related interest.
The Firm has a thorough understanding of the legislative, regulatory and
administrative process. With vast experience in legal and governmental representation, the
Firm has the knowledge and experience to provide the City of Clearwater witb effective
legislative representation. The Firm's network of contacts within the Legislature and
departments and agencies of the state also can provide critical, time-sensitive governmental
information which will assist the City in making informed decisions relating to the legislative
and regulatory process.
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COMPANY HISTORY. PAST EXPERIENCE
AND APPLICABILITY OF EXPERIENCE
Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A (the "Firm") has
over 20 years experience in the area of strategic planning, lobbying and governmental
relations and an established reputation as one of the leading law firms in the State of
Florida. The Firm's diverse client base includes Fortune 500 companies and statewide non-
profit organizations and associations, as well as a variety of governmental and municipal
entities.
Originally founded in 1972, the emphasis of the Firm's practice in the early years was
business, corporate, and real property; and those areas remain an integral part of the
practice. The Firm expanded its complex litigation practice in the mid-70's. Growth in the
litigation practice has continued and, over time, the practice has expanded to include
banking, tax, bankruptcy, administrative and government law. To date, the Firm provides
its clients legal expertise and extensive experience in the areas of litigation; legislative and
governmental affairs; business and corporate, land use, environmental, local government,
and administrative law; banking; real property; tax, estate planning, probate; bankruptcy and
creditors rights; health care; sports and entertainment; lobbying; and public utilities law.
Located within a block from the Capitol and within 15 minutes from most state
agencies, the Firm offers a powerful combination of talent and experience with a proven
track record before the legislative, executive and regulatory branches of government. The
Firm's contact base extends throughout state government and includes legislative leadership,
legislative staff members, and key contacts in executive agencies. The Firm offers year-
round hands-on monitoring, intelligence and oversight of government activity and a highly
professional, performance oriented approach for meeting client goals and objectives. The
Firm works with clients to develop a focused agenda and integrated strategies designed to
meet client objectives.
The Firm's ability to develop and implement successful strategies is incorporated with
an extensive program of continuing client services including:
. Strategic governmental relations program development and planning;
. Lobbying and advocacy before administrative. agencies;
. Proactive issue identification and management;
. Legislative monitoring and lobbying;
. Regulatory agency representation;
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. Administrative branch represe.ntation; and
· Issue analysis.
The Finn's professionals have many years of expertise in developing and
implementing successful government and issue management strategies for a diverse roster
of public and private sector clients which include Florida Power & Light, West Coast
Regional Water Supply Authority, Associated Industries of Florid~ Time Warner
Communications, Florida Association of Property Appraisers, Florida Conservation
A~sociation, and The Nature Conservancy, to name a few.
Additionally, the Finn's principals have been based in Tallahassee for many years and
possess a keen understanding of the dynamics and intricacies of state and local government.
The Finn is engaged in a broad-based business and government oriented practice.
The Finn seeks to serve the needs and interests of its clients by providing prompt,
efficient, and competent legal and consulting services. The Finn is organized into practice
groups and employs a "team approach" under which partners, associates, law clerks and staff
coordinate to deliver quality legal representation in a cost-efficient manner.
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RESPONSE TO SUBMITTAL REOUIREMENTS
The firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap, P.A.
offers the City of Clearwater the following skills and talents:
1) THE CAPABILITY TO BE AN EFFECfIVE LOBBYIST AT THE STATE LEGISLATIVE LEVEL
ON BEHALF OF A LOCAL GOVERNMENT MUNlCIPALllY.
The professionals at tbe Firm have extensive experience in lobbying and
governmental affairs, much of it gained through public service as elected officials. This
practice area includes legislative representation of a wide variety of Fortune 500
corporations, business and professional associations, and governmental entities. In addition
to lobbying services, this practice area also includes representation during rule promulgation,
resulting from legislative action, and ongoing consulting services. The governmental affairs
specialist have extensive experience in representing clients before the:
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Governor and Cabinet;
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The Florida Legislature;
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The Florida Executive Branch Agencies; and
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Local government.
This team, with its extensive background and experience in Florida's government
relations area, would provide the City of Clearwater with successful strategies and effective
governmental representation based on priorities and objectives established by the City
Commission and City staff.
The essential elements of any successful legislative program are creditability,
feasibility, relationships and timing.
. Creditability and Professionalism. The Firm has been a leading law
firm in Tallahassee for over 24 years. Since the mid-70's, the Firm has
been known for its strong understanding of the legislative, executive
agency and cabinet processes, broad-based statewide contact network
and professional approach for developing and implementing results
oriented legislative and public affairs programs which meet targeted
client goals and objectives.
. Feasibility. The Firm can assist the City of Oearwater in determining
what legislative priorities to set by determining key factors, including
the prospects for success, availability of state funds for accomplishing
local initiatives and potential road blocks (if any).
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. Relation~hips. Over the years, through public service and private
practice, the Firm has developed a statewide network of legislative and
political contacts which gives the Firm an insider's view of the process
and access to time sensitive information that can help move legislation.
Additionally, the Firm's professionals are involved in a wide-range of
government, business and civic organizations which yield opportunities
for exposure and support for client interests and goals. The Firm also
has close association with the League of Cities and other related
advocacy organizations.
. Timing. Successful legislative programs above all require mtunate
understanding of the flow of issues during the course of a legislative
session. Managing the timing of legislation from introduction through
consideration by the Governor is critical to success. The Firm's strong
understanding of the legislative process and careful attention to detail
insures timely movement of proposed legislation and successful
outcomes.
. Strategic Plan. The Firm's approach in representing the City of
Clearwater would be designed to foster open, continuous
communications both prior to and during the 1997 Legislative Session,
insuring that the City is apprised of emerging opportunities, potential
owners of legislation and budgetary dynamics so that appropriate
decisions can be made and strategies implemented to achieve desired
results.
2) FAMILlARI1Y WITH STATE AGENCIES AND A RECORD OF A SUCCESSFUL WORKING
RELATIONSHIP WITH THESE AGENCIES.
From its main office in Tallahassee, Florida, the Firm is able to effectively represent
its clients interests before the Florida Legislature and the Florida Cabinet, as well as a
multitude of administrative agencies. The Firm has handled administrative matters before
most of the agencies of the Executive Branch, including the Office of the Governor,
Departments of State Insurance, Revenue, Banking and Finance, Transportation, General
Services, Business and Professional Regulation, Health and Rehabilitative Services,
Environmental Protection, Game and Fresh Water Fish Commission, the Public Service
Commission, the Agency for Health Care Administration, the Department of Community
Affairs; and the Department of Management Services.
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3) THE CAPA~ILl1Y TO REVIEW PENDING OR PROPOSED REGULATIONS AND LAWS AT THE
STATE AND FEDERAL LEVEL TO IDENTIFY THE IMPACTS ON CLEARWATER.
The Firm's advanced research capabilities include utilization of the latest legislative
and legal information and research technologies which are applied to track client issues and
identify emerging trends and opportunities which might affect and/or interest clients. These
include online access to legislative information via the Florida Business Network Service,
Online Sunshine and the Internet.
4) THE ABILllY TO IDENTIFY OPPORTUNITIE..~ FOR THE CITY OF CLEARWATER.
Proper planning insures effective execution of political and governmental strategies
aimed at achieving goals and objectives for interim committee meetings and the 1997
Legislative Session. The Firm approaches strategic planning through a careful assessment
of client priorities and issues and extensive briefing update sessions with client policy
coordinators. Of prime importance to effective legislative and state agency representation
is a clear statement of client goals and priorities. A thorough assessment of city issues
requires an examination not only of substantive factors, but also of more indirect issues
which will impact the legislative program. Issues considered by the State Legislature are
rarely looked at in a vacuum as political, financial, and other factors all play a part in
impacting the progress of legislation. In order to be successful in the legislative and state
agency arenas, strategies must be developed which takes tpese factors into consideration and
which enlist the support of key allies (Florida League of Cities, etc.) and other related
stakeholder groups who have staff resources and legislative contacts which can reinforce a
particular position at critical points in the process.
5) THE CAPABILllY TO COMMUNICATE EFFECTIVELY WITH THE CIlY CONCERNING ITS
NEEDS AND INTERESTS.
Key to effective representation will be the establishment of clear lines of
communication between the City and the Firm, insuring proper information flow, timely
authorization to pursue identified opportunities and clearly defined goals. To maximize
resources and insure that the lobbying team is sensitive to and appropriately represents the
City's needs, the Firm will submit weekly verbal and written reports to the City's designated
lobbying contact person(s). The Firm will represent tbe City of Clearwater's interest before
the Legislature and state agencies, emphasizing priority issues as established in the City's
1997 legislative program.
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THE FIRM'S PLAN DEFINING AN APPROACH TO ASSISTING
THE CI1Y OF CLEARWATER IN ITS LOBBYING EFFORTS
As a first step, the Firm's representatives will meet with City representatives to
establish appropriate contacts, lines of communications and specific areas of legislative
interests. Additional meetings will be scheduled between appropriate City staff with select
areas of expertise to assess priorities and issues.
After these initial briefings are completed, a subsequent strategy session will be
scheduled for detailed discussions on legislative issues and priorities. Items for discussions
would include: City Commission approval of the proposed legislative agenda, allied
organizational support, legislative delegation, feasibility, political elements in time for
introduction for proposed legislation.
Once the legislative priorities have been set, the Firm would begin meeting with local
legislators to determine areas of mutual concern and/or solicit support for items of specific
interest to the City. A close and coordinated working relationship with the local legislative
delegation will be critical to achieving specific City objectives as their support (or lack
thereof) will determine the viability of targeted objectives.
Plior to the start of the legislative session, the Firm would conduct interviews with
appropriate legislators and legislative staff and agency and departmental legislative staff
regarding any interim study which would impact the City and discuss the feasibility of City
legislative initiatives. A report of these findings will be submitted to the City so that
finalization of the legislative agenda can take place.
The Firm will also coordinate bill drafting with the City's legal staff and upon
completion of the draft legislation, will work to identify sponsors for the proposed
legislation. The Firm will also continue meeting with key legislators to seek intelligence on
legislative issues of concern to the City. Particular emphasis would be placed on members
and staff of the Finance and Taxation Committees and Appropriations Committees of the
House and the Ways and Means Committee and subcommittees of the Senate. In addition,
the Finn will secure comments regarding feasibility of funding issues with the Executive
Branch and, most particularly, the Governor's Budget Office.
As the legislative session progresses, the Firm will employ state-of-the-art monitoring
techniques to insure comprehensive tracking of bills impacting the City. The Firm uses the
Florida Business Network's computerized system to track bills and access bill histories,
member votes, legislative directories, committee agendas and reports, bill summaries,
committee actions, state statutes, and other information. The Firm will submit verbal and
written reports on a weekly basis which summarize legislative activities conducted by the
Firm on behalf of the City, updates on the progress of legislation and important meetings,
as well as analysis of legislation and legislative actions.
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In addition, the Firm will assist the City as needed in scheduling meetings for City
Commissioners and staff with legislators, staff, agency representatives, and other officials,
as needed.
The Firm's wide range of contacts within the departments and agencies responsible
for the development of the Governor's budget proposal would be tapped to identify
potential revenue sources for City programs during critical stages of budget development.
As agencies and departments begin developing their budgets for submission to the
Governor, the Firm will reinforce the need to secure levels of funding for City projects and
programs with appropriate budget staff. Parallel to this action, the Firm will advocate the
funding of City projects and programs with the House Appropriations Committee staff and
the Senate Ways and Means Committee staff responsible for analyzing funding requests
submitted by agencies and departments within the Governor's budget proposal. It is
critically important that a simultaneous strategy be employed to solidify not only sources of
funds, but the specific appropriations of funds to identify projects and programs benefitting
the City.
Through the budget development process, the Firm will keep local legislative
delegation members and committee members apprised of the source of funds, specific
appropriation goals and feasibility of earmarking revenues for intended use.
Personnel Available from the Firm
Each and every of the Firm's 28 lawyers and consultants are available to the
government relations team as needed for legal expertise in substantive areas of the law, such
as tax, real estate, insurance, water law, and banking and finance. Additionally, the Firm
has a staff of 3 law clerks, 3 paralegals, 14 administrative assistants and 8 runners which
function as a team to perform services on behalf of the City.
The enclosed Firm brochure gives a comprehensive picture of all of our personnel,
including those in the Government Affairs Section but briefly summarized, there are eight
lawyers and consultants that concentrate our work in this area (legislative and regulatory):
1. Peter Dunbar served five terms in the Florida House of Representatives
before joining the Office of the Governor in 1988 as General Counsel and Director of
Legislative Affairs. 'He has been with the Firm since 1991 and is currently the head of the
Governmental Affairs section of the office. He is a current member of the Florida
Commission on Ethics and served as the Pasco County Attorney from 1973 to 1975.
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2. Scott Maddox is a current Tallahassee Mayor Pro Tern and former Mayor.
He maintains active political contacts and is recognized as one of the state's emerging
Democratic leaders. He has served on local and statewide Democratic committees and was
the youngest delegate at the 1988 Democratic National Convention. He has served as a
Tallahassee City Commissioner, Tallahassee's Mayor and as Mayor Pro Tern, he is involved
daily with local government issues ranging
3. Bruce Culpepper is a former Commissioner of the City of Tallahassee and
maintains an active practice in administrative law and insurance related matters as well as
in government relations.
4. Randy Miller is the former Executive Director of the Florida Department of
Revenue and has been a Special Consultant on legislative and tax matters in the private
sector since 1988. He has maintained continuous and effective presence in the legislative
arena for more than two decades.
5. Martha Edenfield began practicing administrative law in 1984 and has had a
lobbying and governmental affairs practice for ten years. She is a recent appointee by the
Governor to the Administrative Procedures Act Review Commission and is the current State
Treasurer of the Florida Democratic Leadership Council.
6. David SwatTord is the former Executive Director of the Florida Public Service
Commission. He is a Special Consultant in public utilities regulation and works as a
consultant both before the Commission and the Legislature.
7. Dram Canter has practiced exclusively in the area of environmental law for
19 years. His specialty within that broad practice area is water law. He served in the past
as Director of the Water Law Center at the University of Florida College of Law and
Assistant General Counsel at the Department of Environmental Regulation, now the
Department of Environmental Protection.
8. Herb Clark is a new addition to the Firm effective July 15, 1996. He joins us
from the Florida Senate where he served as the Staff Director of the Banking and Insurance
Committee for the last two legislative terms. Prior to his work in the Senate, he served as
Assistant Treasurer and Insurance Commissioner (Chief of Staff) for Florida
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Providing services for governmental relations are hard to quantify at an hourly rate
structure where the key to success is access. In order to maintain that relationship for
clients, monitoring and lobbying on an hourly basis is unfeasible. The Firm, therefore,
suggests a flat fee for legislative services for each legislative cycle. Special projects before
executive agencies will be agreed to in advance and billed separately at the Firm's current
hourly rates of $125.00 an hour to $200.00 an hour.
The billing structure, during the busy legislative and campaign months of October
through April will be billed at $3,000.00 per month. The "off season" of May through
September would be billed at $1,000.00 per month. The annual flat fee for legislative
services pursuant to this formula is $26,000.00.
Expenses will be separately billed on an itemized basis and reimbursed on an actual
cost incurred based on appropriate governmental schedules.
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REFERENCES
Current Clients:
1. West Coast Regional Water Supply Authority
2535 Landmark Drive, Suite 211
Clearwater, Florida 34621
Contact: Mr. Donald D. Conn, General Counsel
813/796-2355
2. Time Warner Communications
Florida Regulatory Director
2773 Red Maple Ridge
Tallahassee, Florida 32301
Contact: Ms. Jill Butler
904/942-1181
3. Florida Power & Light
215 S. Monroe Street
Suite 810
Tallahassee, Florida 32301
Contact: Mr. Paul W. Hamilton
904/224-7517
4. The Nature Conservancy
625 North Adams Street
Tallahassee, Florida 32301
Contact: Ms. Debbie Drake
904 /222-0199
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5. Federation of Mobile Home Owners of Florida, Inc.
Post Office Box 5350
4020 Portsmouth Road
Largo, Florida 34649-5350
Contact: Ms. Charity Cicardo, Executive Director
813/530-7539
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Former Clients:
1. Florida Cable Telecommunications A~sociation, Inc.
310 North Monroe Street
Tallahassee, FL 32301
Contact: Mr. Steve Wilkerson
904/681-1990
2. Palm Beach County Attorney's Office
Board of County Commissioners
Post Office Box 1989
West Palm Beach, Florida 33402-1989
Contact: Ms. Denise Dytrych
407/355-2225
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ACKNOWLEDGEMENT
Proposer, Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A., has read
and concurs with the requirements listed in the Request for Qualifications.
Respectfully submitted,
PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNlAP, P.A.
(]~~, ~
Peter M. Dunbar
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PENNINGTON, CULPEPPER, MOORE, WILKINSON, D~AR & DUNLAP, P.A.
ATTORNEYS AT LAW
.AllARA D, AUGER
WIlliAM W. BLUE
D ANDREW BYRNE t
BRAM D E. CANTER
ROBERT CINTRON, JR.
ROBERT S. COHEN
CHARlES L COOPER, JR.
BRUCE CULPEPPER
PETER M DUNBAR
DAVISSON F, DUNLAP, JR.
MARTHA J EDENFIELD
DOUGLAS S, LYONS
EDGAR M. MOORE
E, MURRAY MOORE. JR.
JOHN C, PELHAM
CARL R, PENNINGTON. JR.. ;t./.,
C EDWIN RUDE, JR.
DARREN A, SCHWARTZ
cYNTHIA S TUNNICLlFF
WILLIAM E, WHITNEY
BEN H, WILKINSON
CATHI C WILKINSON
OF COUNSEL
R. STUART HUFi=. P A,
eo.IIG_, _
CHRISTOPHER W, KANAGA
(_1I_&~""001y)
SCOTT MADDOX
WILLiAM VANOERCREEK
(A......., liT...., 1_ Only)
2ts IOUTH ..ONROI STR.n
2ND FLOOR
TALUHASI.., FLOIUDA :12301
1.041 22203533
FAX (1041 222.21 H
...... ,...........,..,....
1002 nn 23RD nMn,lUITI:ISO
'AMAlIA CITY, FLORIDA 3240.
(104171..'....
t AlSO Admitted In Tennessee
~CIAI Cr,N!;1 II TANTS
RANDY MILLER'
DAVID L SWArFORD'
.Not A Memller 01 The FIOf'da Bar
REPLY TO:
P.O. BOX 10095
TALLAHASSEE, FL 32302-2095
PROPOSED AGREEMENT TO FURNISH LOBBYING SERVICES
TO THE CITY OF CLEARWATER
July 31, 1996
Mr. George McKibben, Manager
City of Clearwater Purchasing
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
Re: 1997 Legislative Representation
Dear Mr. McKibben:
This will confirm the engagement of the Pennington, Culpepper,
Moore, Wilkinson, Dunbar & Dunlap, P.A., (lithe Firm"), to represent
the City of Clearwater ("City") during the 1997 Legislative Session
with its 1997 annual legislative package.
The representation shall be for the regular legislative
session of the 1997 Legislature and any extensions thereof or
special sessions which deal with issues in which the City has an
interest.
I. SCOPE OF WORK
The scope of work for the Firm will include working closely
with the City administrative staff members to advocate the City'S
decision regarding issues before the State Legislature, to keep the
City informed on issues of concern or potential concerns of the
City, and to pro-actively seek opportunities on issues of concern
to the City. The Firm will also assist the City in working with
various state agencies to obtain desired actions.
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Mr. George McKibben, Manager
July 31, 1996
page 2
The Firm will also work on the annually prepared legislative
package determined by the City Commission and city Departments.
The Firm will provide input to the City during the formation of
this package and will help present the package to the pinellas
County Legislative Delegation at its local public hearings held in
the Fall of each year.
This contract covers work on the legislative process,
including seeking state and federal funding for the replacement of
Memorial Causeway Bridge and should funding not be available,
working with the Florida Department of Transportation to allow the
City to pay for the cost of replacing the bridge and be reimbursed
at a later date.
It is anticipated that the responsibility for organization and
leadership of the lobbying team will fall upon Martha Edenfield and
me, but the Firm will bring to bear all of the resources of the
individual lobbyists in the Firm. The other personnel include:
Randy Miller, the former Executive Director of the Department of
Revenue; Scott Maddox, the former and future Mayor of Tallahassee;
David Swafford; and Bruce Culpepper. I serve as the direct contact
for the Firm for you or such person(s) that you may from time to
time direct to contact me. The elements of activities will
include:
a. Organizing the individual lobbyists retained to assist
with this project by the City and other interests that have similar
points of view in this conflict;
b. Developing and maintaining contacts with House and Senate
members of the local delegation and assembling of vote count for
key commi ttees in both Houses, including lists of votes and
strategies to convert to obtain votes;
c. Appearing before committees and coordinating all the
messages that will be delivered to both House and Senate members
(all strategies, would, of course, be developed and approved by the
team prior to implementation);
d. Establish and maintain regular lines of communications
with all elements of the client's legislative team and its allies;
e. Develop specialized strategies for subgroups and caucus
in the process;
f. Coordinating efforts
activities of any opposition
encounter.
to identify and
point-of-view in
monitor the
legislative
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Mr. George McKibben, Manager
July 31, 1996
Page 3
II. COSTS AND EXPENSES
The scope and complexity of the project dictate the required
manpower, expertise and expense necessary to accomplish the desired
results. Success in the legislative arena and in the executive
agencies of state government depends on the long-term relationship
developed with public officials and staff. This includes work on
campaigns, responsiveness to research requests, and problem solving
generated by elected officials and by staff, and experience in
prior public service.
Providing services for governmental relations are hard to
quantify at an hourly rate structure where the key to success is
access. In order to maintain that relationship for clients,
monitoring and lobbying on an hourly basis is unfeasible. The
Firm, therefore, suggests a flat fee for legislative services for
each legislative cycle. Special projects before executive agencies
will be agreed to in advance and billed separately at the Firm's
current hourly rates of $125.00 an hour to $200.00 an hour.
The billing structure, during the busy legislative and
campaign months of October through April, will be billed at
$3,000.00 per month. The "off season" of May through September
would be billed at $1,000.00 per month. The annual flat fee for
legislative services pursuant to this formula is $26,000.00.
Expenses will be separately billed on an itemized basis and
reimbursed on an actual cost-incurred based on appropriate
governmental schedules.
We appreciate the confidence you have shown in me and in this
Firm by selecting us to be the lobbyists for the city of
Clearwater. We look forward to a successful and productive
legislative session.
Respectfully,
PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNLAP, P.A.
~fM.\~
Peter M. Dunbar
PMD/tmz
Date
George McKibben, Manager
city of Clearwater
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DESCRiPTiON
OF THE Fi~'1
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The firm, based in Tallahassee, Florida, is engaged ,,'
broad-based, business and government -oriented practice.
Originally founded in 1972, the emphasis of the firm's-pra
tice in the early years was business, corporate, and real pr~rt
and those areas remain an integral part of the practice. The fir
expanded its complex litigation practice in the mid-seventie
GrO'vVth in the litigation practice has continued and, over t;fT'
the practice has expanded to include banking, tax, bankruptc
administrative, and government law. Today, the firm provides I
clients legal expertise and extensive experience in the areas
litigation; legislative and governmental affairs; business and cc
porate, land use, environmental, local government, and admin
trative law; banking; real property; tax, estate planning oar
probate; bankruptcy and creditor's rights; health care; sports ar
entertainmen~ lobbying; and publiC utilities law.
The firm enjoys an excellent reputation among its peers
the legal community, as exemplified by its · AV' rating in tt
national Martindale-Hubbell Legal Directory.
The firm is committed to excellence. In addition to meetir
Aorida Bar continuing education requirements, many of the firrr
attorneys have authored books and educational materials ar
lectured for legal organizations and-other professional gr~
including accountants, bankers, architects, and businessme'
The varied topics have included taxation, probate, Iitigatic
lender liability, federal procedure, environmental law, telecor
munications law, construction litigation, insurance law, hea
care 18\0'1, administrative law, and governmental affairs.
I From its main office in Tallal~ssee, Florida, the firm is abl~ t9
effectively represent its clients' interests before the Florida
Legislature and the Florida Cabinet, as well as a multitude of
administrative agencies. The firm has handled administrative mat-
ters before most of the agencies of the Executive Branch, includ-
ing the Departments of Insurance, Revenue, Banking and Finance,
Transportation, General Services, Professional Regulation,
Business Regulation, Health and Rehabilitative Services,
Environmental Protection, Game and Fresh Water Fish
Commission, the Public Service Commission, and the Agency for
Health Care Administration.
The firm is dedicated to serving its clients and community.
In addition to providing quality legal service to its clients, the
firm's attorneys are active in the American, Florida, Tennessee
and Tallahassee Bar Associations, and participate in many social,
civic, cultural, and alumni organizations. Organizations in 'Nhich
the firm's members are active include the Chamber of
Commerce, Association of Municipal and County Attorneys,
Legal Aid Foundation, Tallahassee Economic Development
Commission, Goodwill Industries of the Big Bend, LeMoyne M
Foundation, Tallahassee Civic Ballet, Tallahassee Regional Estate
Plaming Council, and Friends of the Leon County Ubrary.
The firm seeks to serve the needs and interests of its clients
by providing prompt, efficient, and competent legal service.
The firm is organized into practice groups and employs a -team
approach- under which partners, associates, law clerks, and staff
coordinate to deliver quality legal representation in a cost-effi-
dent manner.
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PRACTiCE
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The varied backgrounds and experience of the firm's attor-
neys allow the firm to offer legal and lobbying services in a num-
ber of areas, including:
· LITIGATION
. GOVERNMENTAL AFFAIRS
· CONSTRUCTION LAW
. BUSINESS AND CORPORATE LAW
. LAND USE, ENVIRONMENTAL, AND LOCAL
GOVERNMENT LAW
. ADMINISTRATIVE AND PUBLIC UTILITIES LAW
· INSURANCE LAW
. BANKING AND SECURITIES LAW
· REAL PROPERTY LAW
. TAXATION
. ESTATE PLANNING AND PROBATE LAW
. BANKRUPTCY LAW AND CREDITOR'S RIGHTS
· HEALTH CARE LAW
h. EMPLOYMENT LAW
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LITIGATION
. ,
The litigation group has ~ence in virtually eveJY ~ '0' ":',
general litigation, with particular expertise in construction la'v'v,
complex business, and insurance litigation. The firm's Iitigatior.
attorneys have practiced at all levels, and in all districts, of ttw
state court system of the State of Florida and in federal court~
throughout the United States, including the United States Ta>
Court.
The firm has represented clients in litigation invoMng:
. Employment and Labor Relations
. Complex Contract and Construction Disputes
. Complex Insurance Litigation
. Constitutional Law
. Product Liability
. Insurance Defense
. Creditor's Rights and Bankruptcy
. Eminent Domain
. Health Care
. Professional Malpractice
. Real Property Rights
. RICO and Business Fraud
· Tax
. Telecommunications
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.~ GOVERNMENTAL I
'. AFFAIRS
CONSTRUCT][ON
LAW
The members of this prcltice group have extensive experi-
ence in lobbying and govemmental affairs, much of it gained
through public service as elected officials. This practice area
includes legislative representation of a wide variety of Fortune
500 corporations, business and professional associations, and
governmental entities. In addition to lobbying services this prac
tice area also includes representation during rule promulgation,
resulting from legislative action, and ongoing consulting services
The governmental affairs specialists have extensive experience ir,
representing entities before the:
· Governor and Cabinet
· Florida Legislature
· Florida Executive Branch Agencies
· Local Governments
The finn's involvement with construction litigation date:;
back to the early 70's and has steadily expanded through the
years. The firm's lawyers have helped shape the development of
construction law in Florida through active litigation, participation
in lectures and seminars, and contributing articles on construc-
tion law to various publications, including The Florida Bar's initial
publication in 1983 of Construction Litigation in Florida and its
1991 revision of Florida Construction Law and Practice. The firm
regularly represents commercial contractors, developers, finan-
cial institutions, and surety companies.
BUSINESS i\ND
CORPORATE LA'V
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The firm maintains a divergent general business practice,
serving as general counselor local counsel for numerous local,
state, regional, and national companies involved in a variety of
commercial actMties. This practice area includes the organiza-
tion of new business, business and commercial counseling,
mergers and acquisitions, and financing and tax.
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This practice group is experienced in varied aspects of
business and corporate law, including:
. Acquisitions
· Antitrust
· Contracts
· Leases
. Mergers and Reorganizations
. Partnerships
. Securities
. Telecommunication Services
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. . LAND USE,
ENVIRONMENTAL,
AND LOCAL
GOVERNMENT LAW
The members of this praJice group have CNer forty years of
combined experience in land use, environmental, and local gov-
ernment law. In light of increased governmental regulation of
development and industry to control growth and protect the
environment, this area is one of the most rapidly expanding
areas of the firm's practice. The firm's involvement in represent-
ing county and municipal governmental entities, as well as the
private interests of citizens, professionals, and the development
industrf, has included:
. Counsel and Ordinance Drafting Pursuant to the
Requirements of State Comprehensive Planning Laws
. Counsel, Negotiation, and Drafting of Development
Agreements
. Complex Development Permitting, including
Developments of Regional Impact (DRI)
. Eminent Domain' and Inverse Condemnation Activities
. GrONth Management and Other Land Use Issues
. Hazardous Waste and Petroleum Contamination Clean-Up
. Intergovernmental Agreements
. Negotiation, Litigation, and Administrative Proceedings as
to Environmental Permitting and Enforcement Actions
. Submerged Land Leases and Easements
. Water Law Issues, including Consumptive Water Use
ADMINISTRATIVE I
AND PUBLIC
UTILITIES LAV\!
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The firm has representld clients in proceedings i~oM~g! ~,
state administrative agencies under Florida's Administrative
Procedure ACe for many years. The representation has been var.
ied, and has included the promulgation of rules, rule challenges,
development permitting, bid protests, certificates of need,
declaratory statement petitions, electric utility territorial disputes,
public utilities regulation, and litigation invoMng state and fed-
eral constiMional challenges to legislation and administrative
agency action. The members of this practice group have experi-
ence in the representation of clients before most of the Florida
administrative agencies, including:
. Department of Banking and Finance
. Department of Business and Professional Regulation
. Department of Environmental Regulation
. Public Service Commission
. Department of TransPOrtation
. Department of Management Services
. Agency for Health Care Administration
. Department of Health and Rehabilitative Services
· DePartment of Insurance
. Department of Revenue
. Game and Fresh Water Fish Commission
. Department of Agriculture and Consumer Services
. Trustees of the Internal Improvement Fund
. Water Management Districts
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INSURANCE L.A~'V
BANKING
AND SECURITIES
LAW
I
The firm represents clients before the Florida Department of
Insurance (DOl) in matters ranging from the formation and acqui-
sition of insurance companies to company and agency regula-
tion. This practice includes negotiations before the DOl, defense
of administrative and civil actions, as well as state and federal
actions involving the DOl, trade associations, and other insur-
ance companies or related agencies.
The firm represents numerous banks and other financial
institutions throughout the southeastern United States. This prac-
tice includes traditional banking representation such as loan
documentation and general banking practice, and the highly
specialized representation of financial institutions before various
bank regulatory bodies, including the Office of the Comptroller
of the Currency (OCC), Federal Deposit Insurance Corporation
(FDIC), Federal Reserve, Florida Department of Banking and
Finance, and the Resolution Trust Corporation (RTC),
Representation of financial institutions includes the areas of:
· Bankruptcy
· Commercial Loan Documentation and Closings
· Commercial Litigation and Foreclosures
· Corporate Finance
· Holding Company Formations
· Lender Liability Advice and Defense
· Loan Reconstructing
· Mergers and Acquisitions
· Workouts
· Securities
· Judgments, Collections, and Executions
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REAL PROPERTY
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The firm's real estate practice group provides a full range of .
services, from residential closings to majo~ . land planning and
development matters. The firm serves a variety of clients, includ-
ing lenders, developers, title insurance companies, and individ.
ual sellers and purchasers. The firm is an authorized agent for
several national title insurance companies. The firm's real estate
practice includes:
. Commercial and Residential Closings
. Drainage and Water Rights Disputes
. Equity and Debt Financing Documentation
. Lease Arrangements
. Real Property Litigation, including extensive Statewide
Mortgage Foreclosure Practice
. Subdivision and Office Park Development
. Drafting of Residential and Commercial
Condominium Documents
. Like-Kind Exchanges
TAXATION
The tax department provides a variety of services for corpo-
rations, partnerships, and individuals, including legal counseling
on business and transaction structuring and income tax planning.
T'WO of the firm's attorneys have earned their Masters of Law in
Taxation. The firm provides tax-related services in:
. IndMdual Tax P1aming
. Mergers and Acquisitions
. Real Estate Transactions
. State Tax Matters
. Formation of Corporations, Partnerships, and Business
Ventures
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. -ESTATE PLA.l\1\'"KNG
A.~D PROB~~TE L~~'V
BAl\TKRUPTCY LAW
AND CREDITOR'S
RIGHTS
I
The firm's estate planning and probate practice group pro-
vides a complete range of services from estate planning and
consultation to representation of guardianship and probate
estates. The firm has experience in all aspects of estate planning
and administration, including:
"
· Drafting of Wills and Trusts
· Estate Taxation
· Guardianships
· Planning for Lifetime and Testamentary Transfers
· Probate and Probate Litigation
Since 1974, when the firm undertook the representation of
the Trustees in the reorganization of a major mortgage corpora-
tion, it has emphasized its bankruptcy practice. In recent years,
the bankruptcy department has represented numerous busi-
nesses and financial institutions in major business bankruptcy
cases and workout and reorganization matters. The firm also
actively represents secured creditors in consumer cases. While
the firm's emphasis is on representing creditors, it occasionallyarepresents borrCM'el'S in workout and reorganization matters. The
firm has represented clients in bankruptcy proceedings in the
Northern, Middle, and Southern Federal District Courts of the
State of Florida.
HEALTH CARE
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The firm continues to expand its extensive presence itl the' /
health care field. The firm represents several large health mainte- '
nance organizations, some having a national presence in health
care. The firm has represented a variety of health care providers,
including a major hospital trade association, approximately 30
acute care hospitals, and numerous psychiatric hospitals and
medical groups before the Agency for Health Care
Administration. Further, the firm represents long-term health care
companies owning, OPerating, and managing CNer 200 nursing
homes. This experience involves representation of individual
facilities as \oVe1l as the activities of both large and small nursing
home chains and adult congregate living facilities. The health
care practice group has experience in:
. Structuring Business Relationships among Physicians,
Hospitals, and laboratories
. Representation ~e the Agency for Health Care
Administration
. Representation before the Department of Insurance
. Health Care Entity Licensure and Regulation
. Health Maintenance Organization Licensure and
Regulation
. Medical MalPractice Litigation
. Reimbursement and Third-Party Payor Matters
. Certificate of Need Litigation
. Acquisitions, Mergers, and Sales of Long-Term Care
Facilities
. Acquisitions, Mergers, and Sales of Health Maintenance
Organizations '
. Prepaid Limited Health Service Organization Licensure
and Regulation
. Community Health Purchasing Alliances
. Small Group Health Care Reform
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The Employment Law department's primary focus is the
representation of management in disputes involving employees,
The members of this practice group represent both public and
private sector clients in federal and state court and before state
and local administrative agencies on matters relating to employ-
ment law. This department also emphasizes the preventative
maintenance aspects of employment law by providing advice to
clients in these areas
Representation includes clients with employment law matt-
ters relating to the following areas:
· Civil Rights Act of 1964 (TItle VII), as amended
· Florida Human Rights Act
· Age Discrimination in Employment Act
· Americans with Disabilitites Act of 1990
· Civil Rights Act of 1991
· Family and Medical Leave Act
· Other ICMJS and regulations affecting the
employer/employee relationship
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carl R.
Pennington, Jr.
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Civil and Commercial
LJrigadon,Buslness
and Corporatt Law
Ben H. Wilkinson
Banking, Business
and Corporate Law,
Commercial and Civil
Utigation
Bruce Culpepper
Real Estate Law,
Commercial
Transactions,
Administrative Law,
Governmental Law,
Banldng Law,
Insurance l.4w
Edgar M. Moore
Banking, Health Care,
Business and Real
Estate
CARL I>ENNlNGTON. JR.. born Tallahassee. Flof.da. February 24. 1931; admitted
to bar. .955, Florida and U.S. Supreme Court; U.~ District Court, Northern District
of Florida; U.S. Oairns Court; U.S. Tax Court; U.S, Court of Appeals. Fifth District;
U.S. Court of Appeals. Eleventh District; Education: University of Florida (B.A..
1952; J,D.. 1967. replaced LL.B, conferred. 1954), Phi Alpha Delta (President. 1954).
Member: Tallahassee Bar (President. 1966-1967); The Florida Bar (Member. Board
of Governors. 1968-1972; Olainnan. Bar Center Commission. 1980-1986; Florida Bar
Delegate. 11th Circuit Judicial Conference. 1984-1986); First District Court of
Appeals Judicial Nominating Commission. 1986-1990; Florida Supreme Court Judicial
Nominating Commission. 1991- ; American Judicature Society; Academy of Florida
Trial Lawyers; The Association of Trial Lawyers of America. Fellow. American
College of Trial Lawyers; Fellow. American Bar Foundation.
BEN H. wn..KINSON. born Lawton. Oklahoma. October 22. 1943; admitted to bar.
1970. Florida and U,S. Supreme Court; U,S. Court of Appeals. Fifth Circuit and
Eleventh Circuit; U,S, District Court. Northern District of Florida. Education:
University of Florida (B,S.-B.A.. 1965); Florida State University (J.D.. magna cum
laude. 1970). Phi Delta Phi; Gold Key. Lecturer: "Lender Liability." various banking
topics at Community Bankers of Florida Annual Convention. 1988-92. Member: -- --
Tallahassee Economic Developnent Commission. 1985-1989. County Attorney. Leon
County 1989-90. Member: Tallahassee (Secretary. 1971-1972; Treasurer. 1972-1973;
Member. Board of Directors. 1976-1978) and American Bar Associations; The Florida
Bar (Member: Board of Governors. 1979-1983; Budget Committee. 1983-1985;
Olairman. Audit Committee. 1982-1983; Programs and Evaluation CommIttee. 1981-
1982); Federal Bar Association; Academy of Florida Trial Lawyers; The Association
of Trial Lawyers of America.
BRUCE CULPEPPER. born Leesburg. Florida. December 1. 1941; admitted to bar.
1967. Florida and U,S. District Court, Northern District of Florida; U.S. Supreme
Court. Education: University of Florida (B,A.. 1963; J.D.. 1966). Phi Delta Phi;
Florida Blue Key; Phi Alpha Theta. President. University of Florida Student Body.
1965-1966. Secretary. Florida Economic Council. 1977-1981. Olairman. Florida
Medical Malpractice Advisory Council. 1982-1985. Tallahassee City Commissioner.
1986-1987. Member. Tallahassee/LeOn County Planning Commission. 1987-1988.
Olairman. Tallahassee Clamber of Commerce. 1986-1987, Member: The Florida
Bar (Member. Board of Governors. Young Lawyers Section. 1969; OWnnan.
Banking Committee. Corporate and Business Section. 1975-1977); American Bar
Association.
EDGAR M. MOORE. born Tallahassee. Florida. November 8. 1940; admitted to bar.
1964. Florida. Education: University of Florida and Florida State University (B.S.
1961); University of Florida (LL.B.. with honors. 1964), Phi Delta Phi. Phi Kappa
Phi; Order of the Coif. Florida Blue Key. Executive Editor. University of Florida
Law review. 1963-1964. Member. State Moot Court Olampion Team and National
Fmalist. Member. 1st DistrictCoUlt of Appeals Judicial Nominating Commission
(Olairman). 1973-78, Member: Tallahassee and American Bar Associations; The
Florida Bar, Member. Board of Directors. Florida State Bank of Tallahassee. 1974-
1984; Member. Board of Directors (Olairman 1988-1990). The Deltona Corporation
1
Davisson F. Dunlap,
Jr.
ConstrUCtIon,
Commercial and
Civil Utigation
Peter M. Dunbar
Governmental
ReltJtions,
Administrative
Law, Public Utilities
. Regulation, Mobile
Home and
Condominium Law
Cathi C. WDkinSOD
~ PltJnnlng,
BanJdng and Securities,
Appellate Practice
- \.
(NYSI). 1985 to 1991: Member and vice-awmIan of Board of Directors. AndfeV'1
Jac~l Savings Bank. 1984-1994. CEO. Andrew~ackson Savings Bank. 1989-1994:
Vice-Oulirman. SunBank/I'allahassee. N. A.. 1994-1995: Chairman/CEO. First South'
Bank. 1994 to present; Member of Board of Directors. Tallahassee Memorial Regional
Medical Center. 1988 to- present (Chairman of Board of TMRMC. 1993-1995).
,J,
, -'
DAVISSON F, DUNLAP, JR., born Jacksonville. Florida. January 25. 1943; admitted
to bar, 1971, Florida. Education: Presbyterian College (B.A.. 1966): University of
Florida (J.D" 1971). Phi Delta Phi. Author: "Florida Construction Law and Practice,"
Florida Bar, Chapter on Damages, 1991; "Professional Liability of Lawyers," Florida
Bar, Chapter on Damages, 1989; "Constnlction Litigation in Florida." Florida Bar.
O1apter on Damages, 1983; contributing writer. The Builder News. Lecturer:
Architects and Engineers Professional Liability - Nature and Extent of Damages in
Constroction Cases Seminar, The Florida Bar, Member: Tallahassee and American
Bar Association: The Florida Bar (Member: Continuing Legal Education Committee
1978-1983: Vice Chairman 1983-1987); Academy of Florida Trial Lawyers: Oients'
Security Fund Committee; Tallahassee Inns of Court.
PETER M, DUNBAR, born New Haven, Connecticut. January 10, 1947; admitted to
bar, 1972, Florida; U.S. Supreme Court. Education: Florida State University (B,A"
1969; J.D., with honors, 1972). Omicron Delta Kappa; Phi Delta Phi; Gold Key,
Author: Books. Condominium Association Practice and Procedure in Florida, 1987;
The Coru:lombtium Concept, Fourth Edition, 1992; The Homeowners Association
Manual, Second Edition 1991; The Law of Florida Homeowners' Association, 1992;
an published by Suncoast Professional Publishing Corporation. Lecturer, University
of Miami College of Law Condominium and Ouster Housing Institute, 1987-1988.
Insbuctor, Olndominiums and Condominium Living, St Petersburg Community
College, 1978-1980. Executive Assistant to Florida House Minority Leader, 1967-
1972. Pasco CoWlty Attorney, 1973-1975, Member and 01airman. Pasco County
Charter Commission. 1974-1975. Member: Florida House of Representatives, 1978-
1988; O1airman, Pinellas Coaty Legislative Delegation. 1982-1983. Member, 1986-
1991 and Chairman, 1987-1988, NOAA Sea Grant Review Panel of U.S. Department
of Olmmen:e. Member: Florida Bar Commission on Merit Retention and Selection
of Trial Judges, 1988-1989; Florida Judicial Council 1988-1990 and Chief of Staff,
1990, Office of the Governor. Member, Board of Trustees. 1989- and Vice Olairman.
1990-1991, Collins Center for Public Policy. Member: Tallahassee and Oearwater
Bar Associations; 1l1e Florida Bar (Member, Sections on: Local Government; Real
Property, Probate and Trust Section) National Association of Regulatory and Utilities
Commission [With Florida National Guard. 1968-1972]
CATIU C. WILKINSON, born De Funiak Springs, Florida. September 23, 1954;
admitted 10 bar. 1979, Florida; U.S. District 0lUJt, Nonhern District of Florida; U.S.
Supreme Olurt; U. S. Olurt of Appeals. Eleventh Orcuit Education: Eckerd College
(B.A.. 1976); Stetson University (J.D.. cum laude. 1979). Recipient: Miller Leadership
Award. Member: Stetson University Law Review, 1978-1979, Dana Scholar. Author:
"Financial Institution Liability Under Money Laundering Laws," 1990; "Corporate
Meeting Minutes," 1988, Community Bankers of Florida Newsletter. Lecturer:
"Florida Law Update," 1991-93: "Florida Law of Homestead," 1990; "Probate
Utigation Update," 1989, Tallahassee Regional Estate Planning Council; 1992. "Wills
and Probate," Florida Bar Bridge-The-Gap Seminar: "Administration of the Estate in
2
,. :1
.
",
'or
,~
".
. ~,
'\. i~"
D. Andrew Byrne
Employment Law,
Labor/Civil Rights
and Complex
Commercial Utigation
Bnm D. E. Canter
Environmental Law,
Water Law,
Administrative Law,
Governmental Law, and
Public Utilities
Regulation
Floridai' 1990 National Business Institute. Recipi.~t: Florida Bar Pro Bono Service
A wani'tor 2nd Judicial Orcuit. 1986. Member. 1aJ]ahassee Bar Association; The
Florida Bar. Tallahassee Regional Estate Planning Council; Federal Bar Association.
(Treasurer. 1991.92).
D. ANDREW BYRNE. born Memphis. Tennessee. June 11. 1961; admitted to bar.
1985 TeMessee; 1991. Florida. Education: University of Tennessee; Memphis State
University (B.B.A. magna cum laude. 1982); Vanderbilt University (J.D,. 1985);
National Institute for Trial Advocacy 1987. Beta Gamma Sigma; Phi Delta Phi.
Member. Moot Court Board. Co-Author: "Tennessee Workers' Compensation: Where
is the Proper Venue?" 20.2 MelD, St U.L, Rev, 159. 1990. Presented at the
American Productivity and Quality Center 1992 Symposium "Legal and Ethical Issues
in Benchmarking." Presented at the American Productivity and Quality Center 1993
Symposium "Total Quality Management for The Corporate Legal Departtnent."
Presented at the U.S, Small Business Administration Regional Advisory Council 1992
meeting "Efficiency in Market for Legal Services." Presented at the Florida
Association of Property Appraisers. Inc,. 1995 Pre-Legislative Conference. "Sexual
Harassment in the Workplace"; Presented at the Community Bankers of Florida 1995
Amual Convention. "Sex Discrimination. Race Discrimination. Age Discrimination.
ADA. What is an Employer to Do?" Member: Tallahassee. Tennessee and American
Bar Associations; Tallahassee and Florida Bar Associations; The Academy of Florida
Trial Lawyers; Tennessee Trial Lawyers Association; The Association of Trial"
Lawyers of America. Council member. United StateS Small Business Administration
Regional Advisory CouncU. District IV.
BRAM D. E. CANTER. born Louisville. KentuCky. July 25. 1951; admitted to bar.
1978. Florida: U.S. District. Northern District of Florida; U.S. Court of Appeals. Fifth
and Eleventh Circuits. Education: University of South Florida (B.A.. magna cum
laude. 1974); University of Florida (J.D.. 1977); George Washington University
(LL.M.. summa cum laude. 1982). Co-Author: "Florida warn Law 1980."
University of Florida Press. 1980; "Water Law and Policy." Florida Water Atlas.
1984; Editor of "Florida Rulemaldng" by S. Niego (1993); "Stonnwater Runoff - ~.".
Connol: A Model Ordinance for Meeting Local Water Quality Management Needs."
Natural Resoun::es Journal. 1980; "Legal Aspects of Recreational Marina Siting in
Florida." Florida Sea Grant Program Report No. 36. University of Florida. 1980;
"Protecting Coastal Waters." Florida Sea Grant Program Teclmical Paper No. 14.
University of Florida. 1979; with James R. Brinden. "'Ibe 1984 Wetlands Act: A
Course Qlange or Correction?" Florida Environmental and Urban Issues. October.
1984; with James R. Brinde11. "How the Wetland Act Keeps a Controversy Bubbling."
Florida TIend. 1984; "Hazardous Waste Disposal and the New State Siting Acts."
Natural Resoun::es Lawyer, 1982; "Safe Hazardous Waste Disposal: Sure. But
Mere?," Florida Bar Journal. 1981; "Legal Aspects of Recreational Marina
Operations in Florida." Florida Sea Grant Program Report No. 46. University of
Florida. 1981; "Legal Problems of Stonnwater Pollution Abatement," Legal.
Institutional and Social Aspects of Irrigation. Drainage, and Water Resoun::es Planning
and Management. A.S.C.E, National Conference Proceedings. 1978; "Surface Water
Management Permitting." "1993 Environmental Pennitting &. Growth Management
Handbook." Member. Technical Advisory Committee of the Ow'lotte Harbor
Resource Management Task Force. 1978-1979, Member: The Florida Bar (Member.
Environmental and Land Use Law Section); Board of Directors and Treasurer. Rorida
Defenders of the Environment
3
Robert Cintron, Jr.
Commercial, RICO,
Insurance, Business,
Health Care Litigation
Robert S. Cohen
Administrative Law,
Governmental Law,
Health Care Law,
Insurance Law, Law
OfJice Administration
Charles L Cooper, Jr.
Banking, Business
and Corporate
Law, Federal and
StIlte Taxation
MarthaJ. Edenfield
Governmental
Rellltions,
Administrative Law,
Environmental Law
..,:;... _.' ; _ '1.1. I -'..
ROBEtT CINTRON, JR., born Tampa, Florida. JuIte 29, 1954; admitted to bar. 19irV., "r,."
Florie! , U.S. District Court. Nonhern and Middlebstricts of Florida; U.S. Coun of . 7
Appeals. Eleventh Orcuit Education: Florida State University (8,S.. cum laude.
1976; J.D.. with honors. 1980). Member: Tallahassee Bar Association; The Florida
Bar; TIle Federal Bar Association: The Association of Trial Lawyers of America. The
Academy of Florida Trial Lawyers; The American Inns of Court.
ROBERT S, COHEN, born Orlando, Florida, February 19, 1957, admitted to bar,
1982, Florida; U.S. District Coun. Middle and Northern Districts of Florida; U.S,
Coun of Appeals, Eleventh Circuit. Education: Brandeis University (B,A., cum
laude. 1979); Florida State University (J,D., 1981), Phi Delta Phi (Magister, 1981).
Member, Florida State University Law Review. 1980-1981. Author: Florida
Administrative Practice, O1apter: "Regulatory Agencies," Third and Fourth Editions,
The Florida Bar. 1990 and 1992; "Silence is Golden, But a Rule 23(d) Judicial Order
is an Unconstitutional Prior Restraint on Speech," 8 Florida State University Law
Review 771, 1980. Member: Tallahassee and American (Member: Sections on: Law
Practice Management; Administrative Law) Bar Associations; The Florida Bar
(Member, Sections on: Health LaW; Administrative Law Practice Management and
Technology; Member: Editorial Board, The Florida Bar Journal, 1982-1984, Judicial
Administration, Selection and Tenure Committee, 1990-1992); Florida Association of
Hospital Attorneys; National Health Lawyers Association.
CHARLES L. COOPER, JR.. born Nashville, Tennessee, Apri112, 1961; admitted to
bar, 1988. Florida; 1989. U.S. Tax Court; 1990, U.S. District Coun. Middle District
of Florida; 1991, U,S. District Coun. Northern District of Florida Education: Florida
State University (B.S.. 1985; J.D., with honors, 1988); University of Florida (LL,M.,
1989). Member: Tallahassee and American Bar Associations; The Florida Bar
(Member: Tax Section and Health Care Section); The Florida Bar, Board certified tax
lawyer.
MARTHA J. EDENFIELD. born Orlando, Florida, August 29,1960; admitted to bar,
1984, Florida; 1986. United States District Coun Middle District of Florida.
Education: Florida State University (B.S, 1981; J.D. 1984) Phi Delta Phi. Appointed
by Governor Lawton Oilles to the Governor's Administrative Procedure Act Review
Commission, 1995-1996. Member: Tallahassee and American (Member, Sections on:
Law Practice Management, Administrative Law; Natural Resources Energy and
Environmental Law.) Bar Associations: The Rorida Bar (Member, Sections on:
Environmental and Land Use Law; Administrative Law), Tallahassee Women
Lawyers Association (Member, Board of Directors, 1989-1991; Vice President, 1991-
1992; President, 1992-1993); Florida Association for Women Lawyers. florida
Democratic Leadership Council, Treasurer, 1995-Present. Ovic: Clair, Keep
TaUahassee Leon County Beautiful. 1994-1996; Member, Board of Directors,
American Hean Association. Leon County Affiliate, 1994-1996; Member, Junior
League of Tallahassee, 1991-Present; Alumnus, Leadership Tallahassee.
4
~
,."~ I". f!"
.~ [', ,,':J.
, ,,' DOIi,las S. Lyons
. "
Civil Utigation, .
Individual and Class
Action Litigation
(Claims on Fraud)
John C. Pelham, Jr.
Administrative and
Local Government l.4w,
Zoning and Environ-
mentall.4w
Eminent Domain
C. Edwin Rude, Jr.
Bankruptcy, Surety,
Civil, and Commercial
Utigation
DOUG.AS S. LYONS. born Titusville. Permsylvarta. September 25. 1944; admitted
to bar. ~70. U.S. Supreme Court, U,S. District Co\1t. Middle and Southern Districts
of Florida, U.S. Court of Appeals, Fifth and Eleventh Orcuits. Education: Duke
University (A.B.. 1967); Florida State University (J.D., 1970). Phi Delta Phi,
Chairman, Dade County College for State Judiciary. 1978-1979, Vice Olairman,
1977-1978, Member. 3rd District Court of Appeal Judicial Nominating Commission,
1978-1982. Member: Dade County Bar Association (Member. Board of Directors.
1977-1980; Young Lawyers Section Board of Directors. 1973-1976; President., 1976-
1977) and The florida Bar (Member: Young Lawyers Section. Board of Governors,
1977-1979; Secretary. 198()'1981; Grievance Committee. 1977-1979; Chairman. 1980-
1981); Dade County Trial Lawyers Association (Board of Directors); Dade County
Defense Bar Association; Academy of Florida Trial Lawyers; American Board of
Trial AdvocateS.
JOHN C. PELHAM. JR,. born Dothan. Alabama. April 18, 1950; admitted to bar,
1983. florida; U.S. District Court, Northern District of Florida. Education: Troy State
University (B.A.. magna cum laude. 1972; M.S.. 1976): Florida State University (J.D..
1982), Assistant County Attorney. Leon County. 1985-1990. Member: Tallahassee Bar
Association. The florida Bar (Member: Local Government Law. Land Use and
Environmental Law. and Real Property. Probate and Trost Law sections).
C. EDWIN RUDE. JR.. born QuibDan. Georgia. October 21, 1942; admitted to bar,
1973. Florida; U,S, Court of Appeals, Eleventh Circuit; U.S. District Court. Northern
District of florida; U,S. District Court. Middle District of florida. Education:
Davidson College (A.B" 1965); florida State University (J.D.. 1972). Omicron Delta
Kappa; Phi Delta Phi (Magister, 1972); Gold Key. Law clelk to Honorable D, L.
Middlebrooks. U.S. District Judge, Northern District of florida. 1973-74, Member:
Tallahassee (President - 1981-82) and American Bar Associations (Member:
Bankruptcy Litigation Committee): The florida Bar (Member: Executive Board,
FamDyLaw Section,1981-85; ProfessionalEthicsCommittee,1986-1991; Bankruptcy
UCC Committee): Bankruptcy Bar Association, Northern District of florida
(organizing director and treasUrer, 1991-1992: President (1992-93); Board Certified,
Business BankNptcy Law, American Bankroptcy Board of Certification; Academy of
Florida Trial Lawyers. [Colonel USAR. active duty, 1965-1969]. Author:
"Bankruptcy: Support and Maintenance and Competition with Property Settlements"
"The florida Bar Journal, January. 1982; Lecturer. ,1986 Bankruptcy Litigation and
Practice. Professional Education Systems. Inc.. and Business Law and Wolkouts in
Foreclosures. National Business Institute. Inc.; Contributing Author: The florida Bar
"Bankruptcy Reorganization and Liquidation - A Case Study", 1986; Contributing
Author and Lecturer: The florida Bar "Bankruptcy Practice and Procedure for the
Non-Specialist". 1988: "Bankruptcy Practice and Procedure". 1991. Basic Bankruptcy
in Florida. National Business Institute, Inc.. 1991 and 1993.
s
Cyuthia S. Tunniclitr
Administrative Law,
Governmental Low,
State and Local
Taxation, Health
Care Low
William E. Whitney
Negligence Defense
Low, Health Care Low
Barbara D. Auger
Marital and Family
Low,CtvU
and Commercilll
Utigation
WilHam W. Blue
Commercial Utigation,
RICO, Insurance
Utigation, Workers'
Compensation Premium
Fraud, Cltlss Actions,
Antitrust
E. Murny Moore, Jr.
Real Estate,
Business, Banldng,
and Corporate
-tt~ ' " '" .'- ~
CYN1 . S. TUNNIa.IFF. born SL Petenburg. -. orida. April 1. 1946; admitted ~t6. - '~-~~,
bar, !. 71, Florida; U.s. District Coun. NOrther District of Florida; Education: ",
Florida State University (B.S. 1967; J.D" with honors. 1971). Member: Tallahassee ~
Bar. The Florida Bar (Member, Judicial Administration, Selection & Tenure
Committee; Administrative Law Section; Tax Section); American Bar Association
(Member: Administrative Law Section); Second Judicial Orcuit. Nominating
Commission, 1980-1982; First District Court of Appeal Nominating Commission,
1990-; Second Judicial Circuit Grievance Committee, 1980-1984 & 1993-; Author,
"Judicial Review" C1apIer, Florida Administrative Practice.
WILLIAM E. WHITNEY. born Bryn Mawr. Pennsylvania, February IS. 1952;
admitted to bar. 1977, Florida; U.S, District Court. Souther:n District of Florida (Trial
Bar); U.S, Court of Appeals, Fifth Oreuit; V.S, District Court. Middle District of
Florida. Education: Bucknell University (B,A., cum laude, 1974); Duke University
(J.D.. 1m), Omicron Delta Kappa; Phi Alpha Theta. Member: Dade County and
American Bar Associations; The Florida Bar (Member, Trial Lawyers and Health Law
Sections); Florida Association of Hospital Attorneys; American Academy of Hospital
Attorneys; National Health Lawyer Association,
BARBARA D, AUGER, born Glenridge, New Jeney, November 10. 1967; admitted
to bar. 1992. Florida; Education: Rollins College (B.A., 1989). Recipient: Algernon
Sydney SuJlivan Scholar A ward; Member: Omicron Delta Kappa; Florida State
University (J.D" with honors. 1991), Recipient: The Order of Barristers; Member:
Moot Court Team (President 1991); Participant: 1991 Starr National Insurance Law
Competition (National Champion. Best Brief Award). Member: The Florida Bar
(Member. Family Law Section. Trial Lawyers Section). Tallahassee Bar Association.
Tallahassee American Ims of Court.
WILLIAM W. BLUE. born Fort Lauderdale. Florida, March 27. 1964; admitted to
bar. 1989, Florida; 1990. U.S. District Court. Middle District of Florida; 1991. U.S.
District Court. Northern District of Florida. Education: Florida State University (B.S.,
1986); Cumberland School of Law, Samford University (J.D.. 1989). Member, The
American Journal of Trial Advocacy, 1987-1989 (Vol, 12 Research and Writing
Editor. 1988-1989), Member. Henry Upsom Sims Moot Court Board. 1988-1989;
Author: Note, "State v. W'alliquette: Protecting Oilldren From Abuse Through the
Imposition of a Legal Duty." The American Journal of Trial Advocacy, Spring 1989.
Member: The Florida Bar (Member, Trial Lawyers Section); American Bar
Association (Member: Utigation. Antitrust. Torts and Insurance Practice sections).
E. MURRA Y MOORE. JR.. born Tallahassee. Florida, July 27. 1965; admitted to bar,
1990. Florida; 1992. U.s. District Court., Northern and Middle Districts of Florida.
Education: Vanderbilt University (B.A. 1987); Florida State University (J.D., with
honors, 1989). Member: Tallahassee Bar Association; the Florida Bar.
6
., ","'~ ~ , .-
., jJ - ~-.~
" " Darren A. Schwartz
Employment Law &:
Civil Rights
Herbert F. Clark
Insurance and
Regulatory
Christopher W.
Kanaga
Banldng and Securities
Law, Federal Tamtion
Scott Maddox
Corporate, and
Legislative Maners
William VanderCreek
Complex Federal
Utigation,
Bankruptcy, Antitrust
D~N A. SCHWARTZ. born Trenton. New Jlrsey. FebllW)' S. 1965; admitted
to bar. 1990. Florida; Addmitted to U.S. Supretle Court.; U.S. District Courts of
Florida. Northern. Middle. and Southern Districts; U.S. Oaims Court.; U.S. Court of
Appeals. Eleventh Circuit Education: Florida State University (B.S.. 1987);
Cumberland School of Law of Samford University (J.D.. 1990)., Phi Delta Phi.
Member. American Journal of Trial Advocacy. Director. Trial Advocacy Board.
1990. Co-Author. Amundsen. P.D.. Schwartz. "SLAPP" Suits: An Assault on the
Right to Petition the Government. 66 Fla. Bar Journal No.3. (March 1992). Member:
TIle Florida Bar (Trial Lawyers and Employment and Labor Law Section).
Tallahassee Bar, and American Bar Association.
OF COUNSEL
HERBERT FORRESTER ~ARK. born Orange, New Jersey. December 13. 1943;
admitted to the New York Bar Association and New Jersey Bar Association in 1975.
admitted to the Wisconsin Bar Association in 1976 (not admitted in Florida).
Education: University of Minnesota (B.A. 1965); University of Minnesota (M.A. in
Public Administration 1968); New York Law School (J.D. 1975). Phi Beta Kappa.
American Bar Association (Member. Tort Insurance Practice; Administrative Law and
Regulatory Practice Sections); New York Bar Association; New Jersey Bar
Association; Wisconsin Bar Association (Member. Non-resident section).
CHRISI'OPHER W. KANAGA, born Bronxville, New York. April 6. 1953; admitted
to bar 1979. Colorado; 1980. Massachusetts (Not admitted in Florida). Education:
University of Denver (B.A.. 1976; J.D.. 1979); Boston University (LL.M.. Taxation.
1980). Member: Fmance Committee. Town of Orleans. 1985-1990. Vice O1ainnan.
1986-1987, O1airman, 1988-1990, Member: Colorado. Massachusetts and American
Bar Associations. (Also Member Laraja. Kanaga & Bott. P.C.. Massachusetts).
SCOTf MADDOX. born Hialeah, Florida, March 13. 1968; admitted to bar. 1995.
Florida; Education: Florida State University (B.S.. 1989; J.D,. 1994); Member. F.S.U.
College of Law Moot Court Team; Civic: President. Capital aty Jaycees 1989~
Named top Jaycee Local President in the Nation. 1989; Youngest Delegate, 1988
Democratic National Convention, Elected as the youngest Tallahassee City
Commissioner in history, February. 1993; Elected Mayor of Tallahassee. March. 1995;
Listed in Outstanding YO\Dlg Men in America 1990; Florida Trend; People to Watch.
April 1995,
wn.LIAM V ANDERCREEK. born ColDlCU Bluffs. Iowa. January 6. 1930; admitted
to bar, 1955, Iowa; 1963, Texas; U, S. District Court. Northern District of Texas; U.S.
Court of Appeals. Third. Fifth. Sixth. Seventh. Eighth and Eleventh arcuits; U.S.
Supreme Court (Not Admitted in Florida). Education: Iowa State College (B.S.,
1952); Univemity of Iowa. College of Law (J.D., 1955); Yale University (LL.M..
1959), Order of the Coif. Moot Court Advisor, 1968-, Article and Book Review
Editor, Iowa Law Review, 1954-1955. All Univemity Student ColDlCU. 1954-1955.
Law Oerk to Judge M.D. VanOosterbout. U.S. Court of Appeals for the Eighth
Circuit. 1958-1959, Sterling Fellow, Yale Law School 1958-1959. Author:
"McDonald's Texas Ovil Practice in District and County Coutts," Supplement Editor.
7
Park R. "Randy"
MWet4
Special Consultant
on Legislative and
Tax Maners
David L Swafford-
Public UtiUties
Regulation
1967 Jupplemenls volumes 1-4. 1968: "FJorida cJvn Practice .:.r...., ~. ro:,~h.:'--;'~
Editi\ln, 1983 and -Florida Civil Practice before '1 rial supplement to Fourth Edition,~ .,
1989,111e Florida Bar Continuing Legal Education, Co-Author: Vol lA Moore's ,.
Federal Practice, 1961 Edition; Vol. lA Pan 2 Moore's Federal Practice, 1974.
Research Assistant, 1953-1954, United States Naval Justice School, 1956. Research
Associate, Yale Law School, 1959. Visiting Professor of Law, University of Texas,
Summer, 1970. Professor of Law: Southern Methodist University 1959-1968; Florida
State University College of law. 1968--. Course Director. Comparative Policy Studies,
Inter University Center for Post Graduate Studies, Debrovnik, Yugoslavia. 1983-.
Member Yugoslav/American Joint Advisory Council. Florida State University. 1983-.
Member: State Bar of Texas; American Bar Association; American Judicature Society,
Also of Counsel to O1oate & Lilly. A Professional Corporation. Dallas. Texas).
SPECIAL CONSULTANTS
RANDY ~ .I.P.R. born Tallahassee. Florida, April 9. 1947; Education: Florida State
University (B.S. 1969); United States Anny Officer 1969-71; served as Executive
Director of the Florida Department of Revenue from 1979-88; served as President of
the Southeast Association of Tax Administrators; served on the Board of Directors of
the National Association of Tax Administrators; served as O1ainnan of the Sales Tax
Study Commission; served as Co-01airman of Telecommunications Task Force;
served as a member and Chatnnan of the Invesbllent Advisory Committee to the slate
Board of AdministraDon; was selected as "Outstanding Young Man" 1980 by Capital
Jaycees; was listed in Who's Who in the South and Southwest. *Not a member of
the Florida Bar,
DAVID L, SWAFFORD. born Oeveland. Tennessee. January 20. 1938; Public
Service Commission (1962-1993). Executive Director (1977-1993); Education:
University of Tennessee (B.S.. 1960), Member: National Association of Regulatory
Utility Commissioners (Staff Subcommittee of Executive Directors. Subcommittee on
Utility Business Practices 1972-1976); Public Utilities Research Center. University of
Florida (Executive Committee); Power Electronics Council. University of Florida.
*Not a member of the FlorldtJ Bar.
8
.~- - -._n..J ..4~.
~ P.O. Box 2412
~ '^_'i"~~'~ THIS IS 'I CLAIMS-MADE POLICY-PLEASE REA[CAR~a Beach, FL 32115
NOTICE: THE LIMITS OF L1ABILI'Y AVAILABLE TO PAY JUDGEMENTS 0 SETTLEMENTS SHALL BE REDUCED
BY AMOUNTS INCURRED FOR LEGAL DEFENSE, FURTHER NOTE THAT A'MOUNTS INCURRED FOR LEGAL DE-
FENSE SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT,
(The company issuing this policy is indicated by an "X" to the left of the company's name,)
o NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
(A stock insurance company, herein called the Company)
~ AMERICAN HOME 'ASSURANCE COMPANY
(A stock insurance company, herein called the Company)
LA WYER'S PROFESSIONAL LIABILITY POLICY
POLICY NUMBER: LPL 5913941
RENEWAL DECLARATIONS
This Renewal Declarations continues the policy in force for the new.policy period, Attach it to your expiring policy,
.. -
Item 1. Named Insured: Pennington, Cnlpepper. Moore. Wilkinson. Dunbar- & Dunlap, P.A.
Address: 215 S. Monroe Street. 2nd Floor
Tallahassee. FL 32301
Item 2. New Policy Period: From June I, 1996 To June 1, 1997
(12:01 A.M, standard time at the address stated in Item 1)
Item 3, Limits of liability (inclusive of $ 3,000,000. all claims arising out of the same,
"claims expenses" as defined related or continuing professional
in this policy) services,
Item 4, Deductible Amount (inclusive of
"claims expenses" as defined
in this policy)
Item 5, Premium Schedule (Rate #
$ 3,000,000.
$ 10,000,
aggregate
CLASSIFICATION CODE NO NUMBER RATE PREMIUM
Lawyers 8133 8 22 $55,000.00
Paralegals. Law 81114 2 Included
Clerks, Investigators
and Abstractors
l.l.r;l.e Agenr;s 4 Included
Excess Limits
Of Counsel 1 Included
Total Premium
Item 6. Forms and Endorsements made a part of this policy:
24921(07-78) 61011(09-94) 30678(04-84) 35573(05-82)
52137(06-91) 61017(09-94) Claims Reporting Procedures
49354(11-90) 51425(02-91)
Specific Entity Sublimit Endorsement
Countersigned by:
41649 (1/85)
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