It’s been a rough two weeks for Universal Music Group following the shocking report from The New York Times last Tuesday that stated the major record label had lost thousands of master recordings of countless artists both deceased and still active (many of whom claim were never alerted) during a warehouse fire on their Hollywood backlot in 2008. On Tuesday, however, UMG along with YouTube gave music fans more optimistic news that they two will give more than 1,000 classic music videos a High-Definition makeover.Related: Energy Used To Power Digital Music Leads To Increase In Greenhouse Gas EmissionsAccording to another report shared by the NYT on Wednesday, a number of artists under UMG’s massive umbrella of content ownership including Lady Gaga, Beastie Boys, Soundgarden, The Killers, and The Spice Girls will all have their older music videos rebuffed and reformatted to meet today’s video definition standards. The full digital makeover initiative is expected to be completed by next year. Many of the older music videos currently uploaded to YouTube come with visuals and audio which were designed for older generations of television screens with single speakers.The remastered videos will maintain the same URLs, view counts, and other pre-existing statistics, and fans will notice when a certain video has been given an HD upgrade as it will include a “Remastered” label in the description.A rep from UMG also clarified that the origins of each video were considered in terms of the challenges that come with repurposing decades-old styles and formats. YouTube even contacted director Spike Jonze to make sure the Beastie Boys‘ 1994 video for “Sabotage” didn’t lose any of its “’70s cop shows”-style editing initially used by Jonze after being brought up to HD standard in an early draft.Watch the newly-remasted video for “Sabotage” below.Beastie Boys – “Sabotage” (Remastered)[Video: BeastieBoys]Other artists whose videos will receive the 2020 remaster treatment reportedly includes Boyz II Men, George Strait, Janet Jackson, Lady Antebellum, Lionel Richie, Meat Loaf, No Doubt, Gwen Stefani, Smokey Robinson, KISS, and Tom Petty.H/T The New York Times]
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Man Struck by Rescue Truck on Beach
HOLLYWOOD BEACH, Fla. (WSVN) — A sunbather has been hospitalized after he was struck by a beach fire rescue truck. Video Player is loading.Play VideoPlayMuteCurrent Time 0:00/Duration 0:00Loaded: 0%Progress: 0%Stream Type LIVERemaining Time -0:00 Playback Rate1xChaptersChaptersDescriptionsdescriptions off, selectedAudio TrackCaptionscaptions settings, opens captions settings dialogcaptions off, selectedFullscreenThis is a modal window.Beginning of dialog window. Escape will cancel and close the window.TextColorWhiteBlackRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentBackgroundColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentTransparentWindowColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyTransparentSemi-TransparentOpaqueFont Size50%75%100%125%150%175%200%300%400%Text Edge StyleNoneRaisedDepressedUniformDropshadowFont FamilyProportional Sans-SerifMonospace Sans-SerifProportional SerifMonospace SerifCasualScriptSmall CapsReset restore all settings to the default valuesDoneClose Modal DialogEnd of dialog window.Frankly Video Player – v7.36.0CloseWSVN-TV – 
Ready for a Disco Inferno? Disaster!, Starring Mary Testa, Begins Performances Off-Broadway
What happens when you marry disco and destruction? Find out in Seth Rudetsky and Jack Plotnick’s Disaster! A 1970’s Disaster Movie…Musical, which begins performances at off-Broadway’s St. Luke’s Theatre on October 14. Directed by Plotnick, Disaster! officially opens on November 4. Related Shows Disaster! View Comments In addition to Testa and Rudetsky, the cast of Disaster! also features Tom Riis Farrell, Michele Ragusa, Jennifer Simard, Sherz Aletaha, Ashanti J’Aria, Haven Burton, Charity Dawson, John Treacy Egan, Saum Eskandani, Matt Farcher, Drew Geraci, Maggie McDowell, Rob Sapp and Jonah Verdon.
Disaster! features costume design by Brian Hemesath, scenic and lighting design by Josh Iacovelli, sound design by Brett Rothstein and musical supervision by Steve Marzullo. Starring Tony nominee Mary Testa and Rudetsky, Disaster! is set on a summer night in Manhattan in 1979 and follows a group of NYC A-listers who party at the grand opening of a floating casino/disco—until disaster strikes. Earthquakes, tidal waves, infernos, killer bees, rats, sharks and piranhas all threaten the guests, who sing some of the biggest hits of the ‘70s, including “Hot Stuff,” “I Am Woman,” “Knock on Wood” and more. Disaster! ran in 2012 at the Triad uptown. Show Closed This production ended its run on April 11, 2014
Governor Shumlin names winners of $2.25 million in downtown tax credits
Downtown St Albans was a major beneficiary of the tax credits. VBM file photo.Vermont Business Magazine Governor Peter Shumlin today announced the allocation of $2.25 million in state tax incentives for 21 projects, supporting over $47 million in downtown and village center construction and rehabilitation projects. Two municipalities will receive sales tax reallocation dollars. In Winooski, the award will be used in conjunction with a new mixed use development and function venue “The Strand” at the city’s Circle, and in St Albans, reallocated taxes will support public infrastructure improvements associated with the new Hampton Inn on Lake Street. SEE FULL LIST BELOW“Five years ago nobody would have considered building a new hotel downtown. In 2015 we opened a new hotel in Burlington and now we have hotel projects in the works here in St. Albans and in Winooski and Barre,” said Gov. Shumlin. “I am proud that my administration was able to play an important role in supporting downtown revitalization – fixing up old buildings, moving state offices to downtowns, and offering support for these hotels that allow visitors to stay longer, spend more money and enjoy all that Vermont’s downtowns have to offer.”The Shumlin administration’s commitment to build a better and stronger future for Vermont’s downtowns and villages is paying off, with more new and renovated buildings and businesses opening statewide,” said Lucy Leriche, Secretary of the Agency of Commerce and Community Development. “These historic centers are at the heart of our culture and economy. We have seen first-hand how revitalizing downtowns positively affects communities and entire regions.”“I am so proud and thankful for the incredible state and local collaboration that helped businesses stay in downtown St. Albans and with the construction of a new state office building and parking garage.” said Mayor Liz Gamache. “Once complete, this hotel will help St. Albans take yet another big step toward unlocking our downtown’s full potential.”The downtown and village tax incentives have proven successful in helping to transform communities(link is external), supporting new housing, attracting new businesses, fostering business expansions, and creating good jobs in downtowns and villages across the state.In 2013, the Shumlin administration increased the amount of tax incentives from $1.7M to $2.2M, allowing the program to fund 10 more projects annually. In the last five years, $13M in tax credits to 171 projects leveraged $240M in total investments in historic buildings, and in the last three years, $1.2M in sales tax was reallocated to support the construction of five new downtown buildings with a total value of $80M.In 2016, tax credits will offset the costs of major investments to support projects in communities large and small; from fit-up improvements for Trout River Brewing Co. in Springfield and major renovation of a blighted block in downtown Newport for mixed commercial and residential use, to rehabilitation and code upgrades of the Waterbury Center Grange for use as a community arts center, and the expansion of the South Royalton Memorial library to make this historic building accessible to all. Other project highlights include installation of a sprinkler system to a central downtown block and the home of J & H Hardware in Bellows Falls; rehabilitation of a former convent and school in Montpelier by the Center for Arts and Learning; renovation of the upper floors of the Clement Building in downtown Rutland to provide downtown housing for students attending Castleton University; re-use of a former house in St. Johnsbury by the Fairbanks Museum for use as a café, radio station, and community room; and projects that will create safe, code compliant housing in Brattleboro, St. Albans, White River Junction and Winooski.The state designation programs(link is external) in the Agency of Commerce and Community Development(link is external) targets investments to build strong communities and promote the efficient use of land, infrastructure and resources. Almost 150 community centers are designated (downtowns(link is external) and villages(link is external)), allowing them to receive priority consideration for state grants, limited Act 250 review and access to state tax incentives.Source: Governor Shumlin 9.22.2016
Missing hunter found safe in Norton
Vermont Business Magazine At approximately 1300 hours Sunday November 20th, searchers with Border Patrol located John “Jack” Chapman walking in a very remote area of Norton, Vermont. Chapman was brought to North Country Hospital in Newport for medical care by Lyndon Rescue. On November 16th , at approximately 2200 hours, the Vermont State Police Derby barracks was notified of an overdue hunter on South Shore Road in Holland, Vermont. VSP troopers immediately began attempts to locate John “Jack” Chapman, age 72, from Brattleboro, VT. The Vermont State Police Search and Rescue, New England K9, Upper Valley Wilderness Response Team, Vermont KSAR, Rescue Inc, Vermont Fish and Wildlife game wardens and US Border Patrol began searching the area of Holland Pond the morning of November 17th.Source: Vermont State Police 11.20.2016
Amendments to family law procedures and forms
Communicating with the parties and their child(ren), separately or together, in person or by telephone, unless otherwise prohibited by court order or applicable law. Fees and Costs for Parenting Coordination. [Choose all that apply] ____ The parties have consented to this referral to parenting coordination. The parenting coordinator shall file a response to this Order within 30 days either accepting or declining the appointment. The response to the appointment must be in substantial compliance with Florida Family Law Rules of Procedure Form 12.984. The parenting coordinator is reporting that he or she is unable or unwilling to continue to serve and that a successor parenting coordinator should be appointed. Amendments to family law procedures and forms March 15, 2010 Notices Recommending to the parents strategies for creating or implementing the Parenting Plan. Such recommendations may include that one or both parents avail themselves of accessible and appropriate community resources, including, but not limited to, random drug screens, parenting classes, and individual psychotherapy or family counseling, if there is a history or evidence that such referrals are appropriate. ORDER OF REFERRAL TO PARENTING COORDINATOR After completing and signing this form, you must file the original with the clerk of the circuit court in the county in which the action is pending and keep a copy for your records.You must mail or hand-deliver a copy of this form to the attorney(s) for the parents or, if not represented by an attorney, to the parents. Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For more information, see section 61.125, Florida Statutes, Florida Family Law Rule of Procedure 12.742, and the Order of Referral to Parenting Coordinator, Florida Family Law Rules of Procedure Form 12.998. Special notes Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (1/10) Case No: ________________________ Division: _________________________________________________________, Case No: ________________________ Division: _________________________________________________________, Petitioner, I am not aware of any conflict, circumstance, or reason that renders me unable to serve as the parenting coordinator in this matter and I will immediately inform the court and the parties if such arises.I understand my role, responsibility, and authority under the Order Referring Parents to Parenting Coordinator, Florida Family Law Rules of Procedure Form 12.998 and section 61.125, Florida Statutes. Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (1/10) I hereby affirm the truth of the statements in this acceptance and understand that if I make any false representations in this acceptance, I am subject to sanctions by the Court._____________________ Date ______________________________________ Signature Printed Name:_________________________________ Address: _____________________________________ City, State, Zip: ________________________________ Telephone Number: ____________________________ Professional License # (if applicable) _______________ Professional Certification # (if applicable) ____________Copies to: Attorney for Parent #1 OR Parent #1 if not represented by Counsel Attorney for Parent #2 OR Parent #2 if not represented by Counsel IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} _____________________________________________, a nonlawyer, whose address is {street} _____________________________, {city} __________________, {state} ______________, {phone} ______, helped {name} _______________________________, who is the petitioner, fill out this form.Florida Family Law Rules of Procedure Form 12.998, Order of Referral to Parenting Coordinator (1/10) The testimony or evidence is necessary to identify an issue for resolution by the court without otherwise disclosing communications made by any party or the parenting coordinator. The parties or their attorneys must provide to the parenting coordinator copies of all pleadings and orders related to domestic violence and any other pleadings and orders requested by the parenting coordinator related to parenting coordination. Meetings. Unless prohibited herein as a domestic violence safeguard or by another court order, the parenting coordinator may meet with the parties and/or child(ren) together or separately, in person or by any electronic means. Domestic Violence Safeguards. The parties shall adhere to all provisions of any injunction for protection or conditions of bail, probation, or a sentence arising from criminal proceedings. In addition to any safety measures the parenting coordinator deems necessary, the following domestic violence safeguards must be implemented: [Choose all that apply] ____ None are necessary. ____ No joint meetings ____ No direct negotiations ____ No direct communications ____ Other: ____________________________________________________________________ Role, Responsibility, and Authority of Parenting Coordinator. The parenting coordinator shall have the following role, responsibility, and authority: Assisting the parents in creating and implementing a parenting plan. A person appointed as a parenting coordinator must accept or decline the appointment under Florida Family Law Rule of Procedure 12.742(d). If you accept the appointment, you must complete paragraphs 1(a) and 2 and sign it. If you decline the appointment, you must complete only paragraph 1(b) and sign the form. This form should be typed or printed in black ink. Important Consideration Before Responding. Petitioner, The testimony or evidence is necessary pursuant to section 61.125(5)(b) or section 61.125(8), Florida Statutes. Reporting or communicating with the court concerning nonconfidential matters as provided in paragraph 6 of this order. ______________________________ CIRCUIT JUDGE – The testimony or evidence is necessary to protect any person from future acts that would constitute domestic violence under Chapter 741, Florida Statutes; child abuse, neglect, or abandonment under Chapter 39, Florida Statutes; or abuse, neglect, or exploitation of an elderly or disabled adult under Chapter 825, Florida Statutes. Agreement on Nonconfidentiality. The parties can agree to waive confidentiality of a specific communication or all communications. The waiver must be in writing, signed by the parties and their respective counsel. The waiver shall be filed with the court and a copy served on the parenting coordinator. Either party may revoke their waiver of confidentiality by providing written notice signed by the party. The revocation shall be filed with the court and a copy served on the other party and the parenting coordinator. Scheduling. Each party shall contact the parenting coordinator within 10 days of the date of this order to schedule the first appointment. The parenting coordinator shall determine the schedule for subsequent appointments. Respondent. A Qualified Parenting Coordinator or other licensed mental health professional under Chapter 490 or 491, Florida Statutes, shall abide by the ethical and other professional standards imposed by his or her licensing authority, certification board, or both, as applicable.A person that is not a Qualified Parenting Coordinator or a licensed mental health professional under Chapter 490 or 491, Florida Statutes, shall not accept an appointment to serve as parenting coordinator in a matter that presents an apparent or undisclosed conflict of interest. A conflict of interest arises when any relationship between the parenting coordinator and either party compromises or appears to compromise the parenting coordinator’s ability to serve. The burden of disclosure of any potential conflict of interest rests on the parenting coordinator. Disclosure shall be made as soon as practical after the parenting coordinator becomes aware of the potential conflict of interest. If a parenting coordinator makes an appropriate disclosure of a conflict of interest or a potential conflict of interest, he or she may serve if all parties agree. However, if a conflict of interest substantially impairs a parenting coordinator’s ability to serve, the parenting coordinator shall decline the appointment or withdraw regardless of the express agreement of the parties.A parenting coordinator shall not provide any services to either party that would impair the parenting coordinator’s ability to be neutral. What should I do next? The Court considered the ( ) motion of the court, ( ) joint motion of the parties, ( ) motion of a party, reviewed the court file, and considered the testimony presented. Based on this information, the court FINDS that: Appropriateness of Process. This matter is appropriate for parenting coordination and it is in the best interest of the child(ren). Parenting Coordination Process. Parenting coordination is a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing their parenting plan by facilitating the resolution of disputes, providing education and making recommendations to the parents; and, with the prior consent of the parents and approval of the court, making limited decisions within the scope of this order of referral. Parenting Coordinator. A parenting coordinator is an impartial third person whose role is to assist the parents in successfully creating or implementing a parenting plan. Selection of Parenting Coordinator. The parenting coordinator was selected by: [ Choose only one ] ____ parties’ agreement. ____ the court. History of Domestic Violence. Based on testimony and evidence presented and a review of related court records, the court has determined: [ Choose all that apply ] ____ There is no history of domestic violence.____ There has been a history of domestic violence, and:____ Each party has had an opportunity to consult with an attorney or domestic violence advocate before this court has accepted the parties’ consent.____ Each party has consented to this referral and the consent has been given freely and voluntarily. It is therefore, ORDERED : Parenting Coordinator. The parties are referred to the following parenting coordinator for an initial period of months: IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA The parties agree that the testimony or evidence be permitted. IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Educating the parties to effectively: Parent in a manner that minimizes conflicts; Communicate and negotiate with each other and their child(ren); Develop and apply appropriate parenting skills; Understand principles of child development and issues facing child(ren) when their parents no longer live together; Disengage from the other parent when engagement leads to conflicts and non-cooperation; Identify the sources of their conflict with each other and work jointly to minimize conflict and lessen its deleterious effects on the child(ren); and, Allow the child(ren) to grow up free from the threat of being caught in the middle of their parents’ disputes. Qualifications. [Choose only one ] ____ I meet the qualifications in section 61.125(4), Florida Statutes. ____ I do not meet the qualifications in section 61.125(4), Florida Statutes. However, the parties have chosen me by mutual consent and I believe I can perform the services of a parenting coordinator because: ____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____ This order is without the consent of the parties, but the court has determined that the parties have the financial ability to pay the parenting coordination fees and costs. COPIES TO: Parenting Coordinator Address :______________________________________________Name of Party: _______________________________________ Counsel for Party: _____________________________________ Address of Counsel: ___________________________________Name of Party: ______________________________________ Counsel for Party:____________________________________ Address of Counsel: __________________________________Guardian ad Litem: __________________________________ Address of GAL: ____________________________________ Respondent. And_________________________________, The parenting coordinator reports that the case is no longer appropriate for parenting coordination. ____The court allocates payment of fees and costs for parenting coordination as follows: ____ % shall be paid by the Father. ____ % shall be paid by the Mother. ____ Other: ___________________________________________________________ If a party has caused the parenting coordinator to expend an unreasonable and unnecessary amount of time, that party may be solely responsible for payment of the parenting coordinator’s fees and costs for such time expended. Failure to pay the parenting coordinator’s fees and costs in a timely manner may subject the party to sanctions for contempt of court. Confidentiality. All communications made by, between, or among the parties and the parenting coordinator during parenting coordination sessions are confidential. The parenting coordinator and each party may not testify or offer evidence about communications made by a party or the parenting coordinator during the parenting coordination sessions, except if: Necessary to identify, authenticate, confirm, or deny a written agreement entered into by the parties during parenting coordination. Recommending to the parents changes to the Parenting Plan. Facilitating the resolution of disputes regarding the creation or implementation of the Parenting Plan. Name: ____________________________________ Address: __________________________________ __________________________________ Telephone: _____________________________ Fax Number: ______________________________ RESPONSE BY PARENTING COORDINATOR I, {name}_________________________________________ notify the Court and affirm the following:Acceptance. [Choose only one ] ____ I accept the appointment as parenting coordinator. ____ I decline the appointment as parenting coordinator. IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, SC09-1822 RULE 12.015. FAMILY LAW FORMS (a) Forms Adopted as Rules. The forms listed in this rule shall be adopted by the rulemaking process in Fla. R. Jud. Admin. 2.140. The Family Law Rules Committee of The Florida Bar shall propose amendments to these forms and any associated instructions. These forms shall be designated “Florida Family Law Rules of Procedure Forms.” Forms coming under this provision are: (1) 12.900(a), Disclosure From Nonlawyer; (2) 12.900(b), Notice of Limited Appearance; (3) 12.900(c), Consent to Limited Appearance by Attorney; (4) 12.900(d), Termination of Limited Appearance; (5) 12.900(e), Acknowledgment of Assistance by Attorney; (6) 12.900(f), Signature Block for Attorney Making Limited Appearance; (7) 12.900(g), Agreement Limiting Representation; (8) 12.900(h), Notice of Related Cases; (9) 12.901(a), Petition for Simplified Dissolution of Marriage; (10) 12.902(b), Family Law Financial Affidavit (Short Form); (11) 12.902(c), Family Law Financial Affidavit; (12) 12.902(e), Child Support Guidelines Worksheet; (13) 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage; (14) 12.910(a), Summons: Personal Service on an Individual; (15) 12.913(b), Affidavit of Diligent Search and Inquiry; (16) 12.913(c), Affidavit of Diligent Search; (17) 12.920(a), Motion for Referral to General Magistrate; (18) 12.920(b), Order of Referral to General Magistrate; (19) 12.920(c), Notice of Hearing Before General Magistrate; (20) 12.928, Family Court Cover Sheet; (21) 12.930(a), Notice of Service of Standard Family Law Interrogatories; (22) 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings; (23) 12.930(c), Standard Family Law Interrogatories for Modification Proceedings; (24) 12.932, Certificate of Compliance with Mandatory Disclosure; (25) 12.984, Response by Parenting Coordinator; (256) 12.990(a), Final Judgment of Simplified Dissolution of Marriage; and (27) 12.998, Order of Referral to Parenting Coordinator. (b) [No change] Commentary [No change] RULE 12.742. PARENTING COORDINATION (a) Applicability. This rule applies to parenting coordination. (b) Order Referring Parties to Parenting Coordinator. An order referring the parties to a parenting coordinator must be in substantial compliance with Florida Family Law Rules of Procedure Form 12.998. The order must specify the role, responsibility, and authority of the parenting coordinator (c) Appointment of Parenting Coordinator. The parties may agree in writing on a parenting coordinator subject to the court’s approval. If the parties cannot agree on a parenting coordinator, the court shall appoint a parenting coordinator qualified by law. (d) Response by Parenting Coordinator. The parenting coordinator must file a response accepting or declining the appointment in substantial compliance with Florida Family Law Rules of Procedure Form 12.984. (e) Term of Service . The term of the parenting coordinator shall be as specified in the order of appointment or as extended by the court. The initial term of service shall not exceed two years. The court shall terminate the service on: (1) The parenting coordinator’s resignation or disqualification; or (2) A finding of good cause shown based on the court’s own motion or a party’s written motion. Good cause includes, but is not limited to the occurrence of domestic violence; circumstances that compromise the safety of any person or the integrity of the process; or a finding that there is no longer a need for the service of the parenting coordinator. The motion and notice of hearing shall also be served on the parenting coordinator. (f) Appointment of Substitute Parenting Coordinator . If a parenting coordinator cannot serve or continue to serve, a substitute parenting coordinator may be chosen in the same manner as the original. (g) Authority with Consent . The parenting coordinator may have additional authority with express written consent. If there has been a history of domestic violence the court must find that consent has been freely and voluntarily given. (1) With the express written consent of both parties, the parenting coordinator may (A) have temporary decision-making authority to resolve specific non-substantive disputes between the parties until such time as a court order is entered modifying the decision; or (B) make recommendations to the court concerning modifications to the parenting plan or time-sharing. (2) With the express written consent of a party, a parenting coordinator may (A) have access to confidential and privileged records and information of that party; or (B) provide confidential and privileged information for that party to health care providers and to any other third parties. (3) With the express approval of the court, the parenting coordinator may (A) have access to a child’s confidential and privileged records and information; or (B) provide confidential and privileged information for that child to health care providers and to any other third parties. (h) Limitation of Authority. A parenting coordinator shall not have decision making authority to resolve substantive disputes between the parties. A dispute is substantive if it would (1) significantly change the quantity or decrease the quality of time a child spends with either parent; or (2) modify parental responsibility. (i) Emergency Order. (1) Consideration by the Court. On the filing of an affidavit or verified report of an emergency by the parenting coordinator, the court shall determine whether the facts and circumstances contained in the report constitute an emergency and whether an emergency order needs to be entered with or without notice to the parties to prevent or stop furtherance of the emergency. (2) Ex Parte Order. An emergency order may be entered without notice to the parties if it appears from the facts shown by the affidavit or verified report that there is an immediate and present danger that the emergency situation will occur before the parties can be heard. No evidence other than the affidavit or verified report shall be used to support the emergency being reported unless the parties appear at the hearing or have received notice of a hearing. Every temporary order entered without notice in accordance with this rule shall be endorsed with the date and hour of entry, be filed forthwith in the clerk’s office, and define the injury or potential injury, state findings by the court why the injury or potential injury may be irreparable, and give the reasons why the order was granted without notice. The court shall provide the parties and attorney ad litem, if one is appointed, with a copy of the parenting coordinator’s affidavit or verified report giving rise to the ex parte order. A return hearing shall be scheduled if the court issues an emergency ex parte order. (3) Duration. The emergency order shall remain in effect until further order. (4) Motion to Dissolve or Modify Ex Parte Order . A motion to modify or dissolve an ex parte emergency order must be heard within 5 days after the movant applies for a hearing. (j) Written Communication with Court. The parenting coordinator may submit a written report or other written communication regarding any nonconfidential matter to the court. The parenting coordinator must contemporaneously serve each party with a copy of the written communication. (k) Testimony and Discovery. A parenting coordinator shall not be called to testify or be subject to the discovery rules of the Florida Family Law Rules of Procedure unless the court makes a prior finding of good cause. A party must file a motion, alleging good cause why the court should allow the parenting coordinator to testify or be subject to discovery. The requesting party shall serve the motion and notice of hearing on the parenting coordinator. The requesting party shall initially be responsible for the parenting coordinator’s fees and costs incurred as a result of the motion. Committee Note 2010 Adoption. The provisions of subdivision (k) do not abrogate the confidentiality provisions of section 61.125, Florida Statutes. An exception to confidentiality must apply before invoking this subdivision of the rule.Instructions for Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (1/10) INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.984, RESPONSE BY PARENTING COORDINATOR (1/10) When should this form be used? The parenting coordinator is not qualified to address or resolve certain issues in the case and a more qualified coordinator should be appointed. And_________________________________, Amendments to family law procedures and forms ORDERED ON {date} __________________________. The testimony or evidence is limited to the subject of a party’s compliance with the order of referral to parenting coordination, orders for psychological evaluation, counseling ordered by the court or recommended by a health care provider, or for substance abuse testing or treatment. The Florida Supreme Court has adopted “fast-track” amendments to the Florida Family Law Rules of Procedure and Forms. New rule 12.742 (Parenting Coordinator) and new forms 12.984 (Response by Parenting Coordinator) and 12.998 (Order of Referral to Parenting Coordinator) were proposed by The Florida Bar Family Law Rules Committee in response to chapter 2009-180, section 2, Laws of Florida, codifying requirements for the use of parenting coordinators in family law proceedings, effective October 1, 2009. The court invites all interested persons to comment on the amendments, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before March 29, with a certificate of service verifying that a copy has been served on Jack A. Moring, Committee Chair, 7655 W. Gulf to Lake Hwy, Suite 12, Crystal River 34429-7910, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until April 19 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the Court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA 
Court asked who should appoint the next justices
July 1, 2017 Regular News Court asked who should appoint the next justices Court asked who should appoint the next justices Gov. Rick Scott should not be able to follow through on his intention to fill the vacancies created on the Supreme Court in January 2019 when three justices will retire, prohibited because of their age from seeking retention, according to a petition quo warranto filed with the court. The League of Women Voters, Common Florida Cause, and three voters filed the petition on June 14 saying justices should resolve the issue well before the 2018 gubernatorial campaign kicks into high gear. The petitioners, represented by The Mills Firm in Tallahassee, said it was proper for the Supreme Court to directly take up the issue with a quo warranto petition because the issue would sooner or later end up before it, and there are no material facts in controversy. They argued the vacancies won’t occur until Scott has left office and hence he has no constitutional authority to fill the seats. “Although the urgent need for resolution of this question was created by the specific fact that Gov. Scott announced his intention to appoint the successors to three justices whose terms end in January 2019 and are not eligible for retention due to their age, that fact is not subject to reasonable dispute and, in any event, does not affect the constitutional analysis. The answer must be the same whether the vacancy is created by the expiration of a district court of appeal judge’s term or the term of a justice of this court. It should be the same regardless of how the appellate judge’s term started or why it is ending. And it should be the same regardless of the identity of the specific appellate judge or specific governor. As there will be no need for any fact-finding or weighing of evidence, a trial court would be in no better position to resolve the issues,” the petition said. It also argued it’s better to settle the question before the heat of next year’s gubernatorial campaign, when candidates might announce potential slates of who they would appoint to the Supreme Court. The petition argued the question has already been decided by an advisory opinion sought by former Gov. Jeb Bush, in Mandatory Retirement, 904 So. 2d 1090 (2006). In that opinion, which related to filling a vacancy on the First District Court of Appeal for a judge retiring because of age at the end of his six-year term, the court said appellate judges’ terms do not end until the first Tuesday after the first Monday in January. “The letter of a merit retention judge or justice announcing his or her mandatory retirement at the end of the term does not create a vacancy in that judicial office until the actual date that the judge or justice’s term expires pursuant to the specific constitutional provision which addresses when a ‘vacancy’ occurs,” a unanimous court said in that advisory opinion. The quo warranto petition argued that means the judges’ and justices’ terms run through the last second of that second Tuesday (in this case January 8, 2019) during which the new governor will be inaugurated, and hence the vacancy does not occur until the new governor is in office. Indeed, the petition said the new governor could choose, under the Florida Constitution, to be sworn in on midnight at the start of January 8. “In sum, if any ambiguity existed in our constitutional scheme, it should be resolved in favor of allowing the incoming governor, who best represents the will of the people, to fill judicial vacancies arising the same day he or she is set to take office,” the petition concluded. Voters addressed the issue in a 2014 constitutional amendment that would have given the outgoing governor the appointment authority, but only 48 percent supported the idea, far below the 60 percent needed for approval. The last time the issue came up involving the Supreme Court was almost 20 years ago when a vacancy occurred as Bush was succeeding former Gov. Lawton Chiles. Chiles began the search to fill the vacancy, but Bush claimed it was his right. The two agreed to do a joint appointment and selected Justice Peggy Quince, who along with Justice Barbara Pariente and Justice Fred Lewis are the three justices retiring in 2019.
Brainstorming: An idea past its prime
The Washington Post: Our lives are cluttered with unnecessary traditions, ideas and institutions. Warm weather came early this year, but there’s still time for a good spring cleaning. After purging old receipts, broken appliances and unloved outfits, what else should we toss? Outlook asked 10 writers what they thought we’d be better off without. From the Cabinet to premium gas to chick flicks, here are their picks.Brainstorming is probably the most widely used creativity technique in the world, employed in design firms and science labs, movie studios and classrooms. First proposed by the advertising executive Alex Osborn — the Don Draper of his day — brainstorming is typically described as an ideal template for collaboration, the best way to generate new ideas in a group.The technique is easy to summarize, since it’s premised on a single assumption: Criticism is bad for the imagination. This is why the very first rule of brainstorming is the prohibition of negative feedback. “Creativity is so delicate a flower that praise tends to make it bloom, while discouragement often nips it in the bud,” Osborn wrote. “In order to increase our imaginative potential, we should focus only on quantity. Quality will come later.”Read the whole story: The Washington Post More of our Members in the Media >
The Brain Trainers
The New York Times: In the back room of a suburban storefront previously occupied by a yoga studio, Nick Vecchiarello, a 16-year-old from Glen Ridge, N.J., sits at a desk across from Kathryn Duch, a recent college graduate who wears a black shirt emblazoned with the words “Brain Trainer.” Spread out on the desk are a dozen playing cards showing symbols of varying colors, shapes and sizes. Nick stares down, searching for three cards whose symbols match.“Do you see it?” Ms. Duch asks encouragingly.“Oh, man,” mutters Nick, his eyes shifting among the cards, looking for patterns.Across the room, Nathan Veloric, 23, studies a list of numbers, looking for any two in a row that add up to nine. With tight-lipped determination, he scrawls a circle around one pair as his trainer holds a stopwatch to time him. Halfway through the 50 seconds allotted to complete the exercise, a ruckus comes from the center of the room.“Nathan’s here!” shouts Vanessa Maia, another trainer. Approaching him with a teasing grin, she claps her hands like an annoying little sister. “Distraction!” she shouts. “Distraction!”Read the whole story: The New York Times More of our Members in the Media >
NEWS SCAN: Pertussis in Utah, fungal meningitis outbreak, novel coronavirus probe, cantaloupe farm problems, Pakistan polio funds
Oct 3, 2012Utah having its worst pertussis year since 1946With 851 pertussis cases so far this year, Utah is facing its worst pertussis outbreak since 1946, in the pre-vaccine era, a state health official told the Salt Lake Tribune. The Utah Department of Health (UDH) said the 851 cases reported through Sep 29 compare with 618 cases in all of 2011 and are close to double the 440 recorded by this time last year. Utah’s pertussis incidence rate so far this year is 40 cases per 100,000 person-years, well above the national incidence rate of 9.3 per 100,000 person-years. There have been 86 cases in babies under 1 year old, with a “handful” of hospitalizations but no deaths this year, the Tribune reported. The story said the high case count may be due in part to better testing and greater awareness of pertussis. It noted that the national pertussis case count stood at about 29,000 as of Sep 20.Oct 2 Tribune storyOct 2 UDH pertussis summarySteroid drug suspected in fungal meningitis outbreakHealth officials are investigating a fungal meningitis outbreak that has suspected links to contaminated steroids and has so far sickened 26 people in five states, with 4 deaths, NBC News reported today. The story said 18 patients are from Tennessee, which first announced the outbreak on Oct 1, noting that it and the US Centers for Disease Control and Prevention (CDC) were investigating 11 meningitis patients who were treated at an outpatient surgical and pain management clinic in Nashville and one at a facility in another state. Today the Tennessee Department of Health (TDH) said illnesses were also linked to a center in Crossville, Tenn. The agency said biopsy samples have revealed fungal infections consistent with Aspergillus in two patients, raising the number of confirmed cases to three. TDH director John Dreyzehner, MD, MPH, said the state’s healthcare providers have been notified that the suspected source of the infections is methylprednisolone acetate produced by a compounding pharmacy. Other affected states are North Carolina, Florida, Virginia, and Maryland, according to the NBC report, which said the pain drug intended for spinal injections was made without a preservative. The story said the CDC and the Food and Drug Administration (FDA) are testing pain medications and other materials used in the injections, and so far Aspergillus hasn’t been found in the drug.Oct 3 NBC News reportOct 3 TDH media telebriefing transcriptOct 1 TDH press releaseResearch teams poised to investigate new coronavirus sourceSaudi Arabia’s health ministry has asked research teams from two US-based centers to help identify the source of the novel coronavirus that has sickened two patients, one fatally, who were in the country, according to a Twitter post yesterday from one of the groups, the Center for Infection and Immunity (CII) at Columbia University. The EcoHealth Alliance, an international organization based in New York City that specializes on the relationships among wildlife, ecosystems, and human health, was also asked to assist. CII also said that its mobile team is en route to Riyadh and that scientists from the US CDC and the World Health Organization (WHO) are headed to the area as well. The identification of the new coronavirus has reestablished research and public health networks that assembled after the SARS (severe acute respiratory syndrome) coronavirus emerged in 2003, Nature reported today. Dr Christian Drosten, who directs the Institute of Virology at the University of Bonn Medical Centre in Germany, told Nature that the SARS efforts put scientists in a better position to understand the virus and develop countermeasures, if needed. For example, he said animal models developed for SARS will help scientists explore the pathogenicity and spread of the new virus.CII Twitter feedOct 3 Nature storyFDA lists problems at cantaloupe farm tied to Salmonella outbreakUS Food and Drug Administration (FDA) inspectors found widespread contamination at Chamberlain Farms Inc., the Indiana farm implicated in the recent outbreak of Salmonella Newport and Salmonella Typhimurium from contaminated cantaloupe, according to an FDA report. The report, covering inspections from Aug 14 through Aug 31, states that Salmonella was found in cataloupes collected in fields and in a cardboard bin and in environmental swabs collected from various locations and surfaces in the farm’s packing shed. The inspector described “a buildup of black, green, and brown buildup” on rollers and belts of the conveyor system used during processing as well as debris and standing water with what appeared to be algae beneath the conveyer belt. In addition, the water used for washing the fruit was coming from nozzles that looked rusty, and there was no monitoring of levels of chlorine in the sanitizer tank. Finally, garbage receptacles were overflowing, potentially providing a setting for pests to congregate and breed. The inspection form states that the findings were observations and do not constitute a final agency determination regarding compliance with food safety regulations. The latest Centers for Disease Control and Prevention (CDC) update on the outbreak, issued Sep 13, shows 270 cases from 26 states, with 101 hospitalizations and three deaths.FDA inspection reportSep 13 CDC outbreak reportMore money for polio vaccination in PakistanPakistan, one of only three countries where polio is still endemic, will receive credits of $24 million from the World Bank to support efforts to immunize every child in the country against the disease, the bank announced yesterday. The funds, the third allocation in a series of loans through the Third Partnership for Polio Eradication Project (TPPEP), have lenient payback requirements. The Pakistani government, through the Global Polio Eradication Initiative (GPEI), intends to immunize 34.8 million children under age 5. Recent floods in the country have forced large numbers of people into temporary housing, often without adequate water and sanitation, which means many people could be newly exposed to polio. In addition, security concerns related to political unrest and military conflicts in Khyber Pakhtunkhwa (KP) province and the Federally Administered Tribal Areas (FATA) have seriously affected immunization coverage there; the majority of reported cases are coming from those areas, where 90% of children have not been adequately immunized.Oct 2 World Bank press release