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Douglas J. Sale published in the Stetson Law Review


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Douglas J. Sale published in the Stetson Law Review

Panama City, FL —May 24, 2017—Harrison Sale McCloy Attorneys at Law, HSMc, Founding Partner Douglas J. Sale has been published in the Stetson Law Review. His inclusion, FREE ENTERPRISE VS. ECONOMIC INCENTIVES: THE EVOLUTION OF THE “PUBLIC PURPOSE” FULCRUM was published in the May 2017 Edition.


“Representing local governments and private businesses since the 1970’s in Northwest Florida where we have seen substantial economic expansion, our lawyers have been active in developing a variety of projects that have leveraged a good but of private investment with the use of limited public assets.  Each of these projects had to yield an acceptable return to the private investor but, at the same time, had to serve a public purpose that met the standards set by the Florida Constitution.  Over the past half century those standards were amended by the citizens at referendum once and have been reinterpreted by the courts many times,” Sale stated.  “In writing this article, it was my intent to show the history of that evolution and share our experience with practical ways to place these types of projects on sound, constitutional as well as economic footings. The public policy incorporated in these constitutional standards is precisely the same debate ongoing between Governor Scott and House Speaker Corcoran over economic incentives, pejoratively labelled corporate welfare.  That debate is not new.” 

The Stetson Law Review is published three times a year and addresses contemporary topics that are relevant both nationally and to Florida practitioners.   Sale’s 50 page article is included as the lead article in Volume 46:3, page 481.   http://www.stetson.edu/law/lawreview/current.php


Free Enterprise vs. Economic Incentives:

The Evolution of the “Public Purpose” Fulcrum​​Douglas J. Sale

This Article explores the evolution of Florida law regarding public-private partnerships (“P3s”) and provides practical tips for local government practitioners to best position themselves and the governments they represent for success in partnering with private entities. Local governments and the private sector may collaborate on projects involving economic development, blight elimination or redevelopment, and acquisition of a needed asset or service. However, to avoid running afoul of the Florida Constitution, the government actor must be careful to ensure that the public benefit is sufficiently served and that the project does not disproportionately benefit the private partner. The standard-although not always consistently applied by the Florida Supreme Court-varies depending on the type of financing employed by the government,specifically on whether the governmental assets to be used are in hand at the time of the project’s inception, and if not, how they will be obtained (taxation versus enterprise net revenues). In any case, the constitutionality of a given project will hinge on whether it demonstrates a sufficient public purpose to be served.

​In addition to describing strategies that local government attorneys can employ to best position their projects to meet the required standards, this Article also discusses the variety of mechanisms that a local government can use to implement such projects, including a city’s home-rule power; the 2013 Florida P3 statute; a specific grant of community redevelopment power; and other economic incentive programs included in various statutes and regulations. The Author is the former City Attorney for the City of Panama City Beach and a past President of the Florida Municipal Attorneys Association.

FULL ARTICLE is available at this link: http://www.hsmclaw.com/Documents/FreeEnterpriseVsEconomicIncentives_HarrisonSaleMcCloy.pdf


About HSMc Attorney Douglas J. Sale

Sale’s primary areas of practice are Local Government, Public Finance and Land Use Law. He leads the Firm’s local government and public finance departments. He is the former City Attorney for Panama City Beach; General Counsel for the Bay County Tourist Development Council; General Counsel for First Florida Financing Commission; and Former General Counsel and Public Finance Counsel for Bay Medical Center. In addition, he serves as General Counsel for the Panama City Beach Community Redevelopment Agency, and was the city’s lead representative in the financing and development of the Pier Park redevelopment project on Panama City Beach. 

About Harrison Sale McCloy Attorneys at Law

Founded in 1983, Harrison Sale McCloy Attorneys at Law is a full-service law firm with three offices in Northwest Florida. The HSMc areas of practice include Business & Commercial Law, Civil & Commercial Litigation, Employment Law, Family Law, Health & Hospital Law, Insurance Defense, Local Government, Mediation and Dispute Resolution, Probate & Estate Planning, Real Estate & Land Use, Wealth Preservation. Additional information about the firm and attorneys may be found online.


PANAMA CITY OFFICE: P.O. Drawer 1579 Panama City, FL 32402

DESTIN OFFICE: 35008 Emerald Coast Parkway, Suite 500 Destin, FL 32541

SANTA ROSA BEACH 30A OFFICE: 2050 W. County Highway 30A, Suite M1-109 Santa Rosa Beach, FL 32459

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Harrison Sale McCloy Invests in Destin Chamber at Highest Level

Harrison Sale McCloy Attorneys at Law (HSMc) demonstrated its support of the Destin Chamber and Destin community by investing in the Chamber’s highest membership level, Trustee.

“The firm Harrison Sale McCloy has become successful by working with a wide range of local and regional businesses and individuals throughout Northwest Florida.  Our foundation has always been in giving back and helping support our communities, the places we call home. We fully support the Chamber’s mission of advocating for business and strengthening the greater Destin area.  We decided to become a Trustee Member to show our level of commitment to, and faith in, the Destin Chamber’s work and fulfillment of that mission,” explained HSMc Senior Partner Dion Moniz.

Since 1984, HSMc has represented and advised businesses and individuals throughout Northwest Florida, with offices located in the Mid-Bay Bridge Business District of Destin, in downtown Panama City, and in Santa Rosa Beach’s Redfish Village on Scenic Highway 30A.  Offering a wide spectrum of legal services to its clients, HSMc is one of the area’s largest law firms and represents many of the area’s largest employers and governmental entities. For more information, visit HSMcLaw.com.

The Chamber’s other Trustee members include Destin Commons, Emerald Coast Convention & Visitors Bureau Inc., Fort Walton Beach Medical Center, Trustmark National Bank, and Warren Averett.

The commitment of the Chamber’s Trustee members is recognized at every Chamber event through an 8’ x 8’ banner and on all of the Chamber’s website pages. In addition, they receive perks, such as an annual lunch sponsorship, advertising and sponsorship discounts, and input toward Board of Director nominations.

“It’s truly an honor to welcome Harrison Sale McCloy as our newest Trustee member.  Their faith and commitment to the mission of the Destin Chamber will allow us to further our efforts in creating the premier community in which to live, work and play,” said Shane Moody, President and CEO of the Destin Chamber. 

HSMc will be recognized for its investment during the Chamber’s June 9 Breakfast on the Bay, which will be held at LuLu’s Destin from 7:30 – 9 a.m. For details on the breakfast event or membership in the Destin Chamber of Commerce, please call (850) 837-6241 or visit www.DestinChamber.com.

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R. Jackson Presents Legal Trends at Bay County SHRM Spring Summit

Rob Jackson presented "Legal Trends: Crunching the Data" at the Bay County Society of Human Resource Management Spring Summit at Gulf Coast State College.  A copy of Rob's presentation is below:


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Harrison Sale McCloy Attorneys at Law and Summit Bank NA close over 25 Million Dollar Commercial Real Estate Deal

The strong commercial real estate market and development growth in Bay County Florida continues.  This combination brought together lender Summit Bank with closing agent Harrison Sale McCloy to close a syndicated loan for a 288-unit apartment complex project to be built at 7250 U.S. HWY 98 in Panama City Beach, Florida. 

Records show that Harrison Sale McCloy Attorneys at Law prepared the mortgage and related loan documents to close the $25,600,000.00 loan covering the development with lender Summit Bank leading the financial coordination of work with four additional Florida banks.  This 14-building complex is contracted to be built by Concept General Contracting, Inc. and the architect listed is BD/A Architects, Inc. both of San Antonio, Texas.

“Although there can be challenges with closings where there are so many different entities involved, good partnerships and experience certainly are the keys to successfully bringing all the pieces together,” says Franklin Harrison Founding Partner of HSMc.  “It is exciting to see the commercial market in Northwest Florida excelling from Destin to Panama City with out of market investors and developers wanting to expand in this marketplace.  It’s a good time to build here with the entrepreneurial and tech concentration catching.”  

The deal closed in Panama City, Florida after several months of work between the five banks and the commercial real estate division of Harrison Sale McCloy.  


About Harrison Sale McCloy Attorneys at Law

Founded in 1983, Harrison Sale McCloy Attorneys at Law is a full-service law firm with three offices in Northwest Florida. The HSMc areas of practice include Business & Commercial Law, Civil & Commercial Litigation, Employment Law, Health & Hospital Law, Insurance Defense, Local Government, Mediation and Dispute Resolution, Probate & Estate Planning, Real Estate & Land Use, Wealth Preservation. Firm locations include Panama City, Destin and Santa Rosa Beach, Florida.  Additional information about the firm and attorneys may be found online: www.HSMcLAW.com

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Harrison Sale McCloy Attorneys at Law, Named a Top Contributor 2016 Firm by The Fund


(March 23, 2017) – The Fund announced that Harrison Sale McCloy Attorneys at Law has been named a Top Contributor Member of The Fund for 2016. Acceptance into The Fund's Top Contributor Circle is the highest honor offered to the top 25 Member firms. These top-tier law firms have received statewide recognition based on the policies remitted in 2016.  The award was presented to HSMc Founding Attorney Franklin Harrison.

“The title of Top Contributor is awarded to the top 25 of our Member firms. With this achievement, Harrison Sale McCloy Attorneys at Law has shown their loyalty and dedication to both The Fund and their clients,” said Jimmy R. Jones, The Fund’s President and CEO.  

Each year, The Fund recognizes the top performing Member firms in Florida. These firms stand out by having a healthy practice and honoring The Fund with a large share of their business. It is the support and loyalty of these Members that allows The Fund to continue to serve the 2,500 Member firms across the state.

About The Fund:

The Fund supports and promotes the success of attorneys' real estate practices by providing expert underwriting counsel, the best legal education, valuable title information and innovative products and services in keeping with The Fund’s mission to preserve and facilitate the real estate practices of its Members in their protection of the public.  Always Driven is a commitment The Fund will create innovative products and services that allow attorneys to conduct transactions easily and efficiently. For more information, visit http://www.thefund.com.  

About Harrison Sale McCloy Attorneys at Law:

HSMc represents and advises businesses and individuals throughout Northwest Florida. We are one of the area’s largest law firms and represent many of the area’s largest employers, real estate brokers & governmental entities.  

Our staff of professionals includes some of the top lawyers in the region and state. Our offices are in Destin, Florida in the Mid-Bay Bridge Business District, in Santa Rosa Beach in Redfish Village on Scenic Highway 30A and in Panama City, the heart of Florida’s Panhandle.  Since 1984 the growth of our firm and practice areas are directly related to the expansion and types of growth in Northwest Florida.

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