of the day - Fort Myers Beach

FORT MYERS BEACH MONTHLY NEWSLETTER
MARCH 2016 — VOLUME 31, NUMBER 3
The Catch
Official Publication of the Fort Myers Beach Chamber of Commerce
of the day
TAKE A BITE
OUT OF CRIME
LCSO Deputy McNulty to Speak
at March Member Breakfast
GIVING KUDOS TO
LOCAL POLITICOS
Despite Hardship, Kiker
and Cereceda Deliver
ARE YOU
MISCLASSIFYING
YOUR EMPLOYEES?
Everything You Need To Know
About Independent Contractors
HOME SWEET HOME
Times Square Welcomes Roxie
Have a Happy and Safe
58th Annual Fort Myers Beach
LIONS CLUB SHRIMP FESTIVAL
Photo Courtesy of Anne-Camille
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Officers & Executive Committee
David Anderson, Chair | Krusty Pete’s On-The-Beach
Fran Podraza, Chair Elect | CFS Roofing Services, LLC
Sandy Lepley, Vice Chair | CENTURY 21 TriPower Realty
Curt Brenner, Treasurer | GullWing Beach Resort
Bud Nocera, President | FMB Chamber of Commerce
Chamber Staff
Bud Nocera | President
Rhonda Murray | Director of Membership Services and Events
Doug McElheny | Internet and Social Media Manager
Pete Frye | Front Desk
Pat Smith | Lead Roxie Concierge
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1 | MARCH 2016
FORTMYERSBEACH.ORG
1661 Estero Boulevard, Suite 8, Fort Myers Beach, Florida 33931
239-454-7500 • Monday-Friday, 9am-5pm
March Member Breakfast Speaker
Deputy Gerald J. “Jerry” McNulty, Crime Prevention Specialist
Lee County Sheriff’s Office Public Service Division
Ken Buhr
Associate Member
Robb Capps
The Closers Team of Premier
Florida Realty of SWFL
Gerald J. “Jerry” McNulty received a Bachelor of Science in Law Enforcement and
Corrections from Penn State University in 1974, graduated the Pennsylvania State
Police Academy Act 120 Program in 1975, earned a Master’s Degree in Homeland
Security from the American Military University in 2012; completed the Florida Attorney
General Crime Prevention Practitioner Program in 2013. He joined the Lee County
Sheriff’s Office in 2008 as a Deputy Sheriff at the Maximum Security Main Jail in
downtown Fort Myers. He transferred to the Jail Transport Unit, moving inmates to and
from jails, correctional facilities and hospitals all over Florida. His current assignment
is in the Community Relations Unit specializing in Crime Prevention programs.
Donna Fagan
Fagan Associated Industries
Lisa Farrell
Associate Member
John Gavin
Gavin’s ACE Hardware
Business fraud continues to increase across Southwest Florida. Officer McNulty will be discussing a number
of methods used to spot business fraud and how to best protect your business from fraudulent activities.
Denice Knudsen
The Closers Team of Premier
Florida Realty of SWFL
With Speaker LCSO Deputy Gerald J. “Jerry” McNulty
Sandy Lepley
CENTURY 21 TriPower Realty
Join us for breakfast Thursday, March 10th, from 8:30am-10am at
Charley’s Boathouse Grill | 6241 Estero Boulevard, Fort Myers Beach
Wanda Linatsas
Royal Scoop Homemade Ice Cream
Business Referral Group
Leslie McElheny
Associate Member
This is a great way for you to network, get referrals and support your fellow Fort Myers Beach Chamber of
Commerce member businesses. The Business Referral Group consists of about 28 members and meets
two times per month at 7:30am. The unique opportunity of being part of this group is that there is only
one business per occupation in the group. A member is chosen each meeting to be the guest speaker. The
members work together to get referrals for each other and brainstorm ideas for each other’s success. The
group is very successful and a second one will be forming soon. Currently, they are spaces for accepting a
CPA and an insurance agent. For more information, please contact Fran Podraza at 239-898-4790.
RETIRING DECEMBER 31, 2016
Wayne Gibson
R&W Gibson Promotional Products
Captain Bubby Howell
Captain Bubby’s IsLAND Tours
Member Breakfast
Retiring Officers
2016 Board Members
Ambassadors
Charlotte McIntyre
Associate Member
Larry McIntyre
Associate Member
Fran Podraza, Vice Chair
CFS Roofing Services
Georgia Reinmuth
Paradise Creative Group
Eric Tibbs
Edward Jones & Co.
Megan Zelenak
Sea Gypsy Inn
Bob Layfield | Publisher at The Island Sand Paper
Wanda Linatsas | Owner of Royal Scoop Homemade Ice Cream
RETIRING DECEMBER 31, 2017
Bill Fagan | Owner of SPD Solutions, Inc.
Kristin Fay | CAO of Lee Memorial Health System
Mary Poelker | Owner of Majestic Transportation
RETIRING DECEMBER 31, 2018
Lisbeth Freeman | Lisbeth A. Freeman Law, PLLC
RETIRING DECEMBER 31, 2019
Robb Capps | REALTOR® at The Closers Team of Premier
Florida Realty of SWFL
Tim Smith | Retired
Darin Swanson | General Manager at Pierview Hotel and Suites
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FORTMYERSBEACH.ORG
MARCH 2016 | 2
Kudos to Commissioner Kiker and Mayor Cereceda
By Bud Nocera — President, Fort Myers Beach Chamber of Commerce
On February 10, 2016, the Fort Myers Beach
Chamber called a meeting between its members,
Lee County Commissioner Larry Kiker and Mayor
Anita Cereceda to discuss the economic state of
our community.
During this meeting, beach business owners
expressed their deep concerns for 2016,
specifically the economic downturn created by
record-breaking rain in January, highly criticized Lake O water releases,
the dismal exchange rate of the Canadian dollar, and most of all, the ongoing traffic issues from the Estero Boulevard construction.
Kudos to Commissioner Kiker who listened and took action. As a result of his
good work, the following changes were made to the construction program:
• All road paving will be done at night;
• Concrete sidewalks will be completed past the Lani Kai Island Resort
parking lots by March 1st;
• Mobile construction equipment will no longer be parked in front of
businesses;
• Crosswalks in the construction zone will be lit at night;
• The construction zone will be kept cleaner; and
• Garbage trucks can begin pickup in the zone at 4am to alleviate
traffic delays from conflicts between sanitation and construction
equipment.
All of the above will have a positive effect on both traffic flow and the
appearance of Estero Boulevard. I thank Commissioner Kiker for his
efforts on our behalf.
Kudos also goes to Mayor Cereceda for her work with the Tourist
Development Council (TDC) on this issue. Thanks to Mayor Cereceda, the
February 11th TDC meeting was strictly focused on the challenges that
business owners currently face on Fort Myers Beach. As a result, the Lee
County Visitor and Convention Bureau (VCB) has released $125,000 for an
immediate digital campaign to help boost visits to the beach during 2016,
and to combat the negative PR we have received in light of challenges that
are out of our control.
• Drums and cones will be replaced by solid barriers to lessen driver
rubbernecking;
Our island is fortunate to have the support of elected officials who can
quickly identify our community issues, create a solution in a timely manner
and subsequently provide meaningful representation to all who call Fort
Myers Beach home.
• More flaggers will be present and they will be uniformly dressed in
bright green;
Thank you (kudos) again to Commissioner Kiker and Mayor Cereceda, who
go to bat for us when we need them.
3 | MARCH 2016
FORTMYERSBEACH.ORG
Independent Contractors and the Dangers of
Misclassification (Part I)
By Lisbeth Freeman — Lisbeth Freeman Law PLLC
In recent years, the IRS has amped up its efforts at
identifying businesses that are misclassifying their
workers, and this trend may be troubling to small
and large businesses. As many small business
owners know, the payroll costs associated with
a 1099 Independent Contractor worker are far
lower, and the administrative burdens far less,
than for the same worker treated as an employee
of the business. Anecdotal evidence indicates
many small businesses in the Fort Myers Beach area rely heavily on
independent contractors to keep their payroll costs down. However such a
practice may lead to serious financial and legal problems for the business
if detected by the IRS or the Florida Department of Revenue. This article,
and a follow-up in next month’s newsletter, discusses the risks involved
and how to best mitigate those risks.
The Risks of Misclassification
Given the substantial benefits to treating workers as independent
contractors, employers are frequently tempted to skirt the law whenever
there is any justification. So what is the risk to those employers?
Misclassification of workers can cost big down the road. For instance:
• Once a worker has filed an SS-8 request, she can then file the form
8919 for Uncollected Social Security and Medicare Taxes for each
year the classification was incorrect. Again, this can trigger an IRS
employment tax audit of the business.
• State employment tax liabilities are also at risk of being retroactively
imposed with penalties and interest.
Determining the Proper Classification and the Safe Harbor
For businesses concerned about this issue, a thorough review of each
of your worker classifications is necessary. The IRS provides extensive
guidance on how a worker should be classified. There are three groups of
evidence by which the IRS determines proper classification and asks the
following questions:
BEHAVIORAL CONTROL OF THE WORKER Does the company control or
have the right to control what the worker does and how the worker does
his or her job?
FINANCIAL CONTROL OF THE WORKER Are the business aspects of the
worker’s job controlled by the payer? (these include things like how worker
is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
• FINANCIAL RISK Misclassifying a worker can result in liability for
unpaid federal employment taxes for all open tax years, and the
penalties and interest tacked onto this liability can be substantial.
For a worker earning $50,000 in one year the federal liability is
approximately $20,000 plus interest and penalties (assuming a 25%
federal withholding rate and 15.3% rate for combined employer and
employee portions of FICA). And a $20,000 tax liability can quickly
double with penalties and interest.
RELATIONSHIP OF THE PARTIES Are there written contracts or employee
type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the
relationship continue and is the work performed a key aspect of the
business?
• INCREASED RISK OF DETECTION The IRS allows individuals to
file form SS-8 Request for Determination of Worker Status. This
means that a disgruntled employee can file this form and prompt an
investigation by the IRS into the employer’s classification practices
and levy significant liabilities on that employee. Even former workers
can file the SS-8 regarding a past employer.
Lisbeth Freeman is a local attorney practicing in the areas of Business and
Tax law, Employment Law, Wills and Trusts, Probate Administration, and
Foreclosure and Debt Collection Defense.
Many factors are considered in such an analysis, and the determination
is highly subjective. In next month’s newsletter, recommendations for
mitigation of the risks associated with misclassification will be discussed.
239-437-5151 | beth@lisbethfreemanlaw.com
LisbethFreemanLaw.com
Roxie Settles Into Her New Home
After 3 long years our official Chamber mobile information center, Roxie, has found a home. In late January, the Fort
Myers Beach Town Council approved our request to place Roxie in the heart of Times Square permanently. We have
transformed the appearance of our new location with the addition of a short wall flanked with flowers and shrubs.
The colorful wrap on the exterior of the 1960’s-era Airstream trailer along with the finalizing touches, make the site
a welcoming destination for visitors.
Most importantly, our staff is well equipped to provide honest and accurate information to all visitors, and are prepared
to answer a variety of beach-related requests regarding the trolley, fishing charters, dining, accommodations, and
more. When a question about beach businesses arises, customers are provided recommendations based on their
needs. Also, The Roxie staff is trained to manage reservations for sites and attractions in the local and regional area.
Please contact Georgia Reinmuth at 239-896-5927 if you are interested in reservations made on-site at the Roxie.
FORTMYERSBEACH.ORG
MARCH 2016 | 4
New Member Spotlights
Clear Resource Solutions, LLC
239-777-3967
clearresourcesolutions.com
1000 North Collier Boulevard, Suite 14-115
Marco Island, Florida 34145
Technology consulting—learn how to keep your business up-todate with the latest business technology.
Rosanna Reilly
of Premiere Plus Realty, Co.
239-292-0983
rosannareilly.com
Fort Myers Beach, Florida 33931
Professional real estate agent helping you find the home you’ve
always wanted.
Sandy Toes Place Condo at Kona Beach Club
920-883-7133
homeaway.com/vacation-rental/p3945280
480 Estero Boulevard, #220
Fort Myers Beach, Florida 33931
Family-friendly beach condo located on the Gulf of Mexico.
March Meetings and Events
Business Referral Group
Board of Directors Meeting
Chamber Coffee Connection
58th Annual Lions Club Shrimp Festival,
Parade and 5K Run
March 2nd from 7:30am-9am
Hampton Inn and Suites | 11281 Summerlin Square Drive
March 3rd from 7:30am-9am
Pacifica Senior Living | 9461 Health Park Circle
Ambassador Meeting
March 3rd from 9am-10am
Pacifica Senior Living | 9461 Health Park Circle
Executive Committee Meeting
March 16th at 8am
Hampton Inn and Suites | 11281 Summerlin Square Drive
March 12-13th
Visit www.fortmyersbeachshrimpfestival.com for all event details
Business Referral Group
March 17th from 7:30am-9am
Hampton Inn and Suites | 11281 Summerlin Square Drive
March 9th at 8am
Fort Myers Beach Chamber of Commerce Visitor Welcome Center
1661 Estero Boulevard
Business After Hours
Member Breakfast
Saint Patrick’s Day Parade
March 10th from 8:30am-10am
Charley’s Boathouse Grill | 6241 Estero Boulevard
SPEAKER LCSO Deputy Gerald J. “Jerry” McNulty
5 | MARCH 2016
FORTMYERSBEACH.ORG
March 17th from 5:30pm-7:30pm
The Fish Monger Resturant | 19030 San Carlos Boulevard
March 17th at 9:45am
From Santini Marina Plaza Shops to the Church of the Ascension
Coffee Connection
Hosted by Island View at Lani Kai Island Resort | 1400 Estero Boulevard, Fort Myers Beach
Barbara Koeplinger, A-Economical
B&B Income Tax Inc., Wanda Linatsas,
Royal Scoop Homemade Ice Cream
Curt Pickett, Century 21 TriPower
Realty, Cheryl Baker, A Shore Thing
Cleaning Service LLC
Denice Knudsen, The Closers Team
of Premier Florida Realty of SWFL,
Charlotte McIntyre, associate member
Michael Ensor, Lani Kai Island Resort,
Dave Anderson, FMBCC Board Chair &
Krusty Pete’s on-the-Beach
Fran Podraza, FMBCC Board Chair
Elect & CFS Roofing Services, LLC,
Megan Zelanak, The Sea Gypsy Inn
Roxie Mobile Information Center Ribbon Cutting
February 4th in Times Square, Fort Myers Beach
Many Thanks!
Dan Baggot & Favi Roman, Southwest FL Distributing,
Publishing & Mailing, Bud Nocera, FMBCC President
Vice Mayor Dan Andre cuts the ribbon
Bruce & Nick serve up delicious appetizers
catered by The Salty Crab Bar & Grill
To The Salty Crab Bar & Grill
for providing complimentary
food, and Pete’s Time Out
for providing complimentary
beverages for Roxie’s Ribbon
Cutting Ceremony
February Chamber Member Breakfast
Hosted by Pinchers Beach Bar and Grill | 6890 Estero Boulevard, Fort Myers Beach
Dave Anderson, FMBCC Board Chair & Krusty Pete’s
on-the-Beach, new members Linda Reilly, Beach
Retreats FMB, Inc. & Rosanna Reilly, Premiere Plus
Realty, Co., Bud Nocera, FMBCC Chamber President
Dave Anderson, FMBCC Board Chair & Krusty Pete’s
on-the-Beach, Rexan Hosafros, FMB Town Council
Member, Bud Nocera, FMBCC President, Miffie
Greer, FMB Community Resources Advisory Board
Jovina Huber, Lee County Visitor & Convention
Bureau, Connie Gilmartin, FMB Observer/Beach
Bulletin, Tammy Lynn, Make-A-Wish Southern FL,
Debbie Salyers, Sunshine Window Fashions
Linda & Jim Reilly, Beach Retreats FMB, Inc,
Rosanna & Michael Reilly, Fort Myers Beach Inn &
Premiere Plus Realty, Co., Wanda Linatsas, Royal
Scoop Homemade Ice Cream
Business After Hours
Hosted by Nervous Nellie’s Crazy Waterfront Eatery | 1131 First Street, Fort Myers Beach
Tre Gillette, Tuckaway Bagel & Wafel Cafe,
Jackie Liszak, The Sea Gypsy Inn, Amy Gillette,
Tuckaway Bagel & Wafel Cafe
Jim Reilly, Beach Retreats FMB, Inc., Michael
& Rosanna Reilly, Fort Myers Beach Inn, Linda
Reilly, Beach Retreats FMB, Inc.
Barbara Koeplinger, A-Economical B&B Income
Tax Inc., Mary Poelker, Majestic Transportation
Services, Inc.
Megan Summerville & Cathy Lisay, Holiday Court
Motel, Scott Safford, The Sea Gypsy Inn, Steven
Lisay, Holiday Court Motel
FORTMYERSBEACH.ORG
MARCH 2016 | 6
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