Posted On: December 31, 2008

Man Killed While Sitting on Railroad Tracks in Tampa, Florida

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Any accident / incident involving a train can result in serious injuries or death. The Hillsborough County Sheriff's Office recently reported that a 46 year old man (Antonio Francisco) was killed as he was sitting on railroad tracks in Tampa, Florida. A relative reported that Mr. Francisco may have purchased alcohol earlier in the evening and may have been sitting on the tracks while drinking. Railroad tracks are not a good place to drink, eat, or sit for any adult or child for that matter. Since trains sporadically run over many railroad tracks, many pedestrians do not appreciate the dangers of the trains. Even if the train is on a rigid schedule, many pedestrians still do not appreciate or realize the dangers of trains. A full investigation by the Federal Railroad Administration will be conducted to determine the cause of the railroad / train related death and if any actions on the part of the railroad could have been taken to avoid the tragic and untimely death of Antonio Francisco. See Tampa Man Killed While Sitting on Railroad Tracks.

Posted On: December 30, 2008

Girl Killed at Airport After Falling Off Luggage Rack at the Miami (Florida) International Airport: Florida Law and Child Safety

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A Miami, Florida taxi driver who fatally hit girl at the Miami International Airport will not be charged with a traffic citation or a criminal violation according to news reports. A 6 year old fell off a luggage cart and into a commercial lane of traffic at the airport and then was hit by a taxi cab driver.

I have personally been to and in the Miami International Airport many times over the years. It is a very busy airport that has several lanes of travel and parking. Speed limits are reduced when traveling in areas with many pedestrians. I also believe that there are numerous video cameras posted in and around the airport that may have captured this unfortunate tragedy on video.

In Florida, the pursuit of a civil case or insurance claim is not dependent on the issuance of a traffic citation. In other words, Florida law does not put all of the power and judgment for fault for an accident in the hands or mind of the police officer or State Attorney for that matter. Each accident must be evaluated on its own facts or circumstances. It is often helpful to have the incident reviewed by a private investigator, accident reconstruction expert, and / or a private attorney especially when serious injuries or death result from the accident.

In this busy travel season, please slow down when driving through airports or any busy area. The health, safety and welfare of our children and other passengers are far more important than saving a few seconds or minutes on your trip. Slow down for children and be safe this holiday season and at all other times of the year.

This story was reported by the Miami Herald and Associated Press at Taxi Cab Driver Who Fatally Hit Girl at Airport Will Not Be Charged for the Accident.

Posted On: December 29, 2008

Former Youth Pastor / Minister Indicted on Child Pornography Charges in Central Florida (Sanford)

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A former youth pastor / minister was recently indicted on child pornography charges in Central Florida. The Orlando Sentinel newspaper reported that Joel Price was arrested last week. Price was a minister / pastor with New Tribes Mission Church based in Sanford, Florida. Investigators conducted an eight month investigation which revealed more than 6000 pictures and over 200 video clips of child pornography on Price's computer. While every criminal defendants is innocent until proven guilty and has a right to a defense, there is quite a bit of incriminating evidence on Pastor Price's computer. Unless someone planted the files or had full access to his computer, Pastor Price will have a difficult time explaining the child pornography on his computer. The Pastor Price story is just another incident of religious leaders who preached one thing yet practiced quite another thing.

You can read more about this story at Child Pornography Indictment of Pastor Joel Price in Central Florida.

Posted On: December 28, 2008

Protecting and Monitoring Children in Day Care and Child Care Facilities - the Rilya Wilson Act

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The Rilya Wilson Act is a Florida law that was passed in memory of a child who slipped through the Florida foster care / protective custody system. The purpose of this law is to make day care centers, child care centers, and the Department of Children and Families accountable for keeping track of and monitoring the health, safety, and welfare of children who are under court ordered protective supervision. If a child is absent from a day care or child care center for 2 consecutive unexcused absences or 7 consecutive excused absences, officials with the local designated staff of the Family Safety Program Office of the Florida Department of Children and Families must be contacted. This action will notify DCF about a potential problem and to further investigate the whereabouts, health, and condition of that child.

You can read the full text of the Florida Statute entitled the Rilya Wilson Act at Section 39.604, Florida Statutes.

Posted On: December 27, 2008

Corporal Punishment in Florida - What Is Considered Excessive? Florida Law

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Corporal punishment is still utilized in several Florida school districts and in Florida day care and child care settings. I personally and professionally do not believe in the use of corporal punishment. Whether there is a resulting injury or not, corporal punishment often times leads or causes emotional injury and unacceptable fear in children. Pursuant to Florida Statute Section 39.01, corporal punishment may be considered excessive if it leads to any of the following child injuries or harm:

Sprains, dislocations, or cartilage damage;

Bone or skull fractures;

Brain or spinal cord damage;

Intracranial hemorrhage or injury to other internal organs;

Asphyxiation, suffocation, or drowning;

Injury resulting from the use of a deadly weapon;

Burns or scalding injuries;

Cuts, lacerations, punctures, or bites related injuries;

Permanent or temporary disfigurement;

Permanent or temporary loss or impairment of a body part or function; or

Significant bruises or welts.

You can read this statute and related definitions at the Official Florida Statutes Web Site.

Posted On: December 26, 2008

South Florida Day Care Centers Lacking Safety Measures According to Investigative Study

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CBS Television 4 based in Miami, Florida conducted an investigation into safety standards and deficiencies into day care centers in South Florida. The investigation led by reporter - Stephen Stock involved the review of over 7000 paper inspection reports of day care centers. With this information, an interactive map was created by geographic region showing the day care center and reports of deficiencies. I commend the I Team at CBS 4 for publishing this important information that can be very valuable to parents researching day care centers for their children. You can read more about this investigation and access the link for the map at Safety Standards Lacking at Many South Florida Day Care Centers.

Unfortunately, parents typically have no notice as to a problem or deficiency at a day care center until their Florida child is seriously injured by the negligence, carelessness, or lack of supervision at the day care center. Owners and day care personnel have a duty to supervision and protect small children at Florida day care centers from every day dangers whether they are present in the classroom, playground, or any other part of the day care facility.

Posted On: December 25, 2008

Fort Meade, Florida 10 Year Old (Miracle Johnson) Shot by a Cousin - Polk County Sheriff Investigation

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Another Florida child has died as a result of a gun shot. Miracle Johnson, age 10, was playing in a bedroom of her great-grandmother's house in Fort Meade, Florida when she was shot according to the Polk County Sheriff's Office. Apparently, an 11 year old cousin was the one who fired the gun. News stories did not provide many important details about this tragic incident including but not limited to the following:

Who was the registered owner of the gun?
What kind of gun was fired?
What kind of safety precautions (if any) were put in place for this gun?
How did an 11 year old boy get his hands on the gun?
Could anything have been done to prevent this tragedy?

Children lack the judgment and good common sense when it comes to danger. This is especially true when dealing with guns and firearms. You can read more about the shooting of Miracle Johnson at 10 Year Old Shot in Home - Polk County Sheriff's Office is Investigating Incident.

Posted On: December 24, 2008

Congress Middle School Girls (Boynton Beach, Florida) Arrested After Fight on School Bus

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Nine middle school girls from Congress Middle School were arrested after fight on bus. A fight broke out on the bus. When police later arrived to investigate, students refused to speak to the police about the fight that had taken place. Several of the girls yelled at others on the bus not to cooperate or speak to the police. School buses should be a safe haven for our children not a danger zone or a fight zone for students / children who decide to engage in fighting or violent behavior. Most school districts around the State of Florida have rules in place for bus conduct. Typically, there is a warning given to disruptive students. If the conduct is violent or there are repeated violations of school bus and safety rules, a student may end up being expelled from the bus and even the school. If there is a problem involving a school bus, you should research the local school board / school district rules to better understand the respective rights and responsibilities of the school and the students as it relates to school bus behavior and safety issues. You can read more about the arrests in Boynton Beach, Florida at NIne Congress Middle School Students Arrested After Fight on School Bus.

Posted On: December 23, 2008

Three Injured in Police Chase of Stolen Vehicle in Daytona Beach, Florida

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Three people were injured as a result of the theft and careless driving of a SUV in Daytona Beach, Florida. Officers with the Daytona Beach Police Department chased a criminal suspect (Michael Henry - age 21) through the streets of Daytona Beach as he sped across George W. Engram Boulevard. Several vehicles were damaged in the chase. Three people were injured with some of the accident victims being treated at Halifax Health Medical Center in Daytona Beach, Florida. Injury victims were identified as Atanasije Conic (age - 83), Saresa Taylor (age - 34), Kenneth Davis (age - 35), and Dontaiavaw Taylor (age - 11 months).

You can read more about this story in Daytona Beach, Florida Police Chase Injures Three People.

Posted On: December 22, 2008

Tampa Bay Florida Teenager Brings Gun to School and Tries to Sell It - Hillsborough High School Put on Lock Down

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A Tampa, Florida teenager was arrested for bringing a gun to school and trying to sell it. Talk about a bad place to bring a gun and try to sell it. Kevin Brantly, age 15, brought a 45 caliber handgun in his pocket into the classroom. Fortunately, the gun was unloaded and no children were injured or killed with this gun.

Guns and children are two things that do not belong together in Florida's school system. Schools should be a safe haven for our children not danger zones. It should be a place of learning rather than the OK Corral.

You can read more about this story at Tampa Bay Florida Teenager Brings Gun to School and Tries to Sell It.

Posted On: December 21, 2008

Nassau County School District Rules of Conduct and Discipline - Legal Rights and Responsibilities (Fernandina Beach, Amelia Island, and Callahan)

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Each school district in the State of Florida including but not limited to Nassau, Duval, Clay, and St. Johns County have a school board / school district that is in charge with promulgating and enforcing rules and procedures within the school system. In Nassau County, there is a code of conduct set forth in the Code of Conduct for Elementary Students for Nassau County. The Nassau County School Board has set forth four types of violations of the Student Code of Conduct. Class I violations are minor violations while Class IV violations are serious violations - many of which could subject the student to criminal prosecution. When dealing with a School Board / School District, it is often helpful to pull up, research and read the applicable school board rules. Just because the rules are in place does not necessarily mean that the involved teachers, administrators, and school board officials know the school board rules or enforce them properly. It may also be helpful to consult with a
Florida chid injury lawyer / attorney
when considering your child's rights within the Florida public school system.


Posted On: December 20, 2008

Chicken Pox May Be the Cause of Death to Daytona Beach, Florida Boy

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A 12 year old Daytona Beach boy died at home recently. The Volusia County Health Department and the Volusia County Medical Examiner are conducting an investigation to determine if chicken pox was the cause of death. While rare, chicken pox can cause death in some children. According to the CDC (Center for Disease Control), there were 8 recorded fatal cases of chicken pox between January 2003 and June 2004.

I suspect that the medical examiner will complete an autopsy to determine the cause of death which will include blood tests and other laboratory and pathology testing.

While chicken pox is a common childhood ailment, parents should consult a pediatrician regularly when there is an outbreak to make sure that all steps are taken to meet the medical needs of the child. It is also helpful for parents to educate themselves as much as possible regarding chicken pox and other childhood ailments. You can read more about the Daytona Beach story at Florida Child May Have Died from Chicken Pox.


Posted On: December 19, 2008

Florida City (Deltona) Bans Sex Offender from City Parks

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The central Florida city of Deltona recently passed a unanimous ordinance to ban sex offenders from all city / municipal parks. Sex offenders must stay away from any park owned, operated, maintained, or controlled by the city. This ordinance goes hand in hand with similar local, city, county, and State laws that forbid sex offenders from going within a certain distance of schools and other areas where children tend to congregate or go. A similar measure was passed in Woodfin, North Carolina. This measure / ordinance was challenged and brought before the North Carolina Supreme Court which upheld the measure / ordinance. Of course, the laws in North Carolina differ from those in the State of Florida. As such, it is uncertain which way the Supreme Court of Florida would rule on such a matter. I do believe that Deltona's ordinance serves a very important public interest or concern - the safety of our children.

You can read about this story at Ban on Sex Offenders at City Park in Deltona Florida.

Posted On: December 18, 2008

Florida School for Boys at Marianna Florida - Memories of Horrors and Abuse that Last a Lifetime

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In Florida and other States, adults are living with the memories and nightmares of child abuse, neglect, and exploitation well into their golden years. At the Florida School for Boys in Marianna, an investigation is under way for a pattern of suspected abuse and neglect that took place decades ago. Several former students who are now in their 60s have come forward to report abuse, neglect, and deaths that took place at what appears to be a nice and safe place for children. As the old saying goes, appearances can be quite deceiving. Within the confines of the Florida School for Boys in Marianna, there is a cemetery. Children should not be buried at a group home, reform school, orphanage, or other institution. These schools should be centers for learning, safety, good will, and compassion for children - not death.

Even Governor Charlies Crist and other State officials have stepped in to oversee the investigation as to the grave sites, causes of death, and reported abuse and neglect at this facility.

You can read more about this story at Florida Reform School Investigation Reveals Tales of Horrors.

Posted On: December 17, 2008

Syntyche Jacques (7 Year Old) and Other Family Members Injured in Serious Automobile Accident in Martin County, Florida

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An automobile accident resulting in serious and life threatening personal injuries recently took place in Martin County, Florida according to a report in the Treasure Coast Palm Beach Newspaper / Website at Hit and Run Driver Claims that He Fell Asleep at the Wheel in Martin County, Florida.

The accident involved serious injuries to the Jacques family which included the Jacques children: Carlos Jacques, Moise Jacques, Ricky Jacques, Luke Jacques, and Syntyche Jacques who were taken emergently to St. Mary's Medical Center in West Palm Beach, Florida.

The at fault driver, Jaime Jaramillo, fled the scene. He later reported that he fell asleep while driving. Mr. Jaramillo was arrested for leaving the scene of an accident with injuries. He was tracked down by a helicopter patrol and a K-9 unit.

The accident happened at 4:30 a.m. This story shows the importance of safe driving no matter the time of day, night or morning. Mr. Jaramillo should have stayed off the road if he was tired or pulled over to get some rest. His negligence will have a lifetime effect on the Jacques family and others injured in this automobile accident.

Posted On: December 16, 2008

One Year Old Broward County Child (Lawrence Paul) Dies in Canal

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In Lauderhill (Broward County) Florida, a one year old (Lawrence Paul) died after he drowned in a canal behind his home. At the time he fell in, he was with his three year old sister. The children were under the care of an aunt when the incident took place. There was a fence behind the home but it had no lock on the gate.

In South Florida as well as the rest of the State, there are lakes, canals, rivers, streams, and other water ways throughout the State, it is vital that children was kept away from these most dangerous areas by installing secure gates with locks to keep children out. Water ways like canals can be deemed an attractive nuisance for children. As such, property owners, both home and business, have a duty to protect children from the dangers by installing proper barriers and fencing of the dangerous areas. Fences, locks, and proper supervision can help avoid serious personal injuries and wrongful death to children every year in Florida as well as the rest of the country.

In 2008, there were 11 child drownings in Broward County Florida according to the Sun Sentinel newspaper. You can read more about this story at 1 Year Old Broward County Child Drowns in Canal Near Home.

Posted On: December 15, 2008

Florida Supreme Court Strikes Down Parental Waivers of Liability for Children

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The Florida Supreme Court recently ruled on an important issue involving the validity of parental releases for children engaging in potentially dangerous activities that could cause serious personal injuries and death. In the case, a motorsports park had a parent sign a waiver on behalf of a 14 year old riding an all-terrain vehicle. The trial court dismissed the case due to the waiver / release. An appellate court ruled that the waiver / release was invalid and against public policy. The Supreme Court of Florida agreed and ruled 4 to 1 in favor of the family's right to sue the Defendant for the wrongful death of the 14 year old boy. The appellate attorney representing the family was Bard Rockenbach. I know Mr. Rockenbach and have worked with him in the past on some legal and appellate issues. He is a very knowledgeable attorney who has dedicated many years to legal issues to protect and enforce the rights of children and their families. The Supreme Court of Florida has paved the way for other families to bring actions against commercial enterprises and their employees who negligently cause personal injuries and / or the wrongful death to children. A child personal injury attorney who is knowledgeable to the current case law, statutes, and procedures can assist families of injured children in their quest to obtain rightful compensation for medical bill, pain and suffering, and the loss of enjoyment of life. You can read more about the Supreme Court's decision at Supreme Court of Florida Rules that Parents Cannot Waive Legal Rights of Children.

Posted On: December 14, 2008

Tavares Student Brings Gun in Class with Wrong Teacher (Teacher also a Trained Police Officer)

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Anthonique Pamphile had a bad idea - bringing a gun to school. He may have had his reasons but guns are dangerous items in a teens hands especially on school grounds. Fortunately, a Lake County substitute teacher at Evans High School was paying attention and doing his job not only as as substitute teacher but also as an off duty police officer. With Officer Billy Evans experience, training, and attentiveness, he was able to spot the fact that Anthonique Pamphile was carrying a concealed weapon / firearm. Harper contacted the police resource officer who patted the student down and located the firearm / gun in the student's pocket. Pamphile was arrested for possession of a firearm on school grounds and possession of a firearm by a minor. It is very fortunate the Officer Billy Evans was paying attention not only to teaching but to the student's conduct and suspicious appearance. Teachers and officers like Billy Harper are vital to our children's safety in the Florida School System. The actions of Billy Harper may even have saved a child, teacher, or adult from suffering serious personal injuries or wrongful death from the discharge / shooting of a firearm in the Lake County Public School System. You can read about this story at Teacher Cop on the Job - Spots Student with Gun in His Pocket.

Posted On: December 13, 2008

Ocala Florida Mom Arrested for Defrauding Church Members Out of Money - Don't Lie about Your Child's Health to Get a Buck

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An Ocala mother was arrested for defrauding church members out of money in Ocala (Marion County), Florida. She told church members that her child had cancer and needed money for a medically necessary kidney transplant. The whole story was a hoax and the mother merely took the money for her own personal use. She received prayer, money, and then an extended invitation to the local jail. You can read about this story at Florida Mother Defrauds Church Members in Ocala, Florida.

It is a shame that a mother would bring a child into a fraudulent scheme of this nature. It sets a bad example for other parents and children for that matter. While Misty Dawn Everly was arrested and did apologize for her actions, it does not erase or wash away her conduct. It is a criminal case that should be prosecuted accordingly.

Posted On: December 12, 2008

Don't Leave Your Child Unattended in a Vehicle (Even if you are a doctor) Miami Cardiologist Arrested for Leaving 8 Month Old in a Car

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Even busy doctors can be arrested for child abuse and neglect. A South Florida (Miami) cardiologist - Pablo Guala, M.D. - was arrested for leaving his 8 month old boy in a locked BMW outside of Mt. Sinai Medical Center in Miami Beach while Dr. Guala went in to see a patient. A security guard noticed the car and looked inside. The car was locked with the windows rolled up. 911 was called to the scene. Dr. Guala returned to his car as paramedics were attempting to force their way into the vehicle.

Dr. Guala informed police that the hospital visit look longer that it should have taken. It is quite amazing how a doctor can have such poor judgment to leave his child in a locked car with the windows up. South Florida is hot year round. On any given day, there is a risk of heat over exposure. While money is not excuse for abuse for the rich or the poor, one would think that Dr. Guala had the financial resources to hire a baby sit or take the child to a family member or friend before going to the hospital. If he was tending to a true emergency, he should have taken the child into the hospital with him.

This story illustrates the point that a graduate degree or even a medical degree does not make you the best parent in the world. Common sense and due diligence to your child's needs are paramount to being a good parent. For a multitude of reasons including health and safety, an 8 month old child should not be locked in a car without supervision.

You can read more about this story at Miami Florida Cardiologist Arrested for Leaving 8 Month Old in a Car.

Posted On: December 11, 2008

Colton Hutchinson - Accidentally Shot and Killed by Friend in Cape Coral Home - Gun Safety, Criminal Responsibility and Liability

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Colton Hutchinson, age 14, was accidentally shot to death in the friend's home in Cape Coral, Florida. The father (David Casman) of the child, who discharged the weapon, was charged with culpable negligence for failure to secure a loaded gun. The .38 caliber gun apparently was not secured to keep it out the hands of curious and careless teenagers who some times lack the good judgment and experience to hand fire arms / guns. Many children and adults for that matter suffer serious personal injuries and deaths from accidental shootings every year. Many of these instances take place when a child get his or her hands on a gun that belongs to a parent but is not properly locked up or otherwise secured to be out of the reach of children.

This tragic wrongful certainly takes a toll on both families involved as well as the community as a whole. It also illustrates the importance of securing all firearms and guns away from children. A few moments and a few dollars used to properly secure a home can literally safe the life of a child or an adult who is the unfortunate victim of an accidental shooting.

You can read more about this story at Memorial Fund Set Up for Child Accidentally Killed by Gun in Friend's Cape Coral Home.

Posted On: December 10, 2008

New Twist to Goldilocks and the Three Bears Story - Drunk Burglar Found Sleeping on Couch

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Goldilocks and the Three Bears is a classic children's story that has been around for generations. A legal analysis of Goldilocks and the Three Bears would include a review of the concepts of trespassing, burglary, and larceny. Poor Goldilocks - she really did not know the trouble that she was asking for. I suspect that other classic childhood stories are filled with legal issues as well. I know - there I go again- thinking like a lawyer. Anyway, I ran across a modern day version of the Goldilocks Story that recently took place in Massachusetts. You can read this month's newsletter at New Twist to Goldilocks Story - Sleeping Nude Burglar Arrested in Massachusetts. Read my newsletter to find out the details of this interesting burglar and my brilliant commentary about this story. The story does not have a happy ending for the burglar even though he did end up in a warm place with three meals a day.

Posted On: December 9, 2008

Good News for a Change - Florida and North Carolina Lead Nation in Certified Teachers

The Miami Herald reported that Florida and North Carolina lead the nation in Certified Teachers. There are over 1800 certified teachers in Florida and over 1400 in North Carolina. It takes 3 years to complete the National Board Certification process which is a voluntary certification. Florida teachers do qualify for some bonus money when they are certified for a certain time period. Certification is a good step towards helping improve the quality of teaching in the State of Florida and other States. I whole heartedly support teachers who want to improve themselves and take on the additional responsibility and dedication of becoming board certified. You can read more about the recent statistics at Florida Leads Nation in Board Certification for Teachers.

Posted On: December 8, 2008

Jacksonville Florida Public Schools Have Problem with Air Pollution

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When parents send children to school in Jacksonville, Florida and other cities, there are concerns that a parent may have. These include education, safety, bullying, resources, meals, and other general issues. Parents should not have to worry about the air quality or air pollution in schools. Unfortunately, in Jacksonville, Florida and many other cities across the nation, there is a problem with air pollution in the public school system. Five schools in Duval County ranked among the worst schools in the nation for air quality. These schools were Reynolds Lane Elementary, Paxon School for Advanced Studies, Paxon Middle School, Biltmore Elementary, and Palm Avenue Exceptional Center. Other schools in Clay County and Nassau County were among the worst schools in the nation for air quality (i.e. there is an air pollution problem in the school system). You can read more about the study and rankings at Air Studies Reveal Toxic Levels in Schools Around the Nation.

Posted On: December 7, 2008

Two Flight School Planes Crash Over Florida Everglades - 4 People Missing and Suspected to be Dead

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Two planes crashed over the Florida Everglades in midair. The planes' wreckage was located approximately miles west of the Fort Lauderdale / Hollywood Airport. Each plane had two occupants according to the Broward County Florida's Sheriff's Office. The wreckage area was only accessible by Airboat due to the swampy area where the wreckage landed. The FAA (Federal Aviation Administration) will conduct an investigation along with local authorities to try to locate the survivors (if any) and remains of the dead. It is interesting and tragic to note that each plane was on a training flight at the time of the crash. It is uncertain at this time who was piloting the planes at the time of the crash. The airplanes were identified as a Cessna 172 and a Piper PA-44 Seminole. According to the Broward County Sheriff's office, both planes were operating under Visual Flight Rules. This makes it the responsibility of the pilot for avoiding other aircraft in the airspace. One of the occupants of the plane has been reported to be Bryan Sax, a 37 year old from Aspen, Colorado. Sax has two daughters and a step son. You can read more about this tragic crash at Two Planes Collide over Florida Everglades - Four People Presumed Dead.

An accident reconstruction team will be assembled by the Federal Aviation Authority which will examine the wreckage, equipment, flight plans, documents from the aviation schools, and other documents / evidence to determine the cause of the crash and the responsibility for the crash.

Posted On: December 6, 2008

Bradenton, Florida Girl's Diary Leads to Arrest of Child Rapist (Michael Wayne Kelly)

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A 7 year old Bradenton girl wrote in her diary that she was raped several times by a 50 year old - Michael Wayne Kelly. The girl also wrote that Mr. Kelly showed her pornographic movies. According to news reports citing the Manatee County Sheriff's Office as the source, Mr. Kelly admitted to the rapes and claimed that the child initiated the encounters. Assuredly, Mr. Kelly's attorney, whether it is a private criminal attorney or public defender, will advise him that this argument will not serve as a defense in any manner of the felony rapes that he committed. Unless there is some defense arguments that can suppress the admission and somehow repute the claims of the child as contained in the diary, it appears that Mr. Kelly will be residing in the Florida State Prison System for an extended stay of many years. Of course, a person is innocent until proven guilty in Florida and other States; nevertheless, the initial facts as reported in the news do not look very good for Mr. Kelly. The community and society will be a little safer with Mr Kelly behind bars away from vulnerable children. You can read more about this story at Bradenton Man Arrested for Raping 7 Year Old.

Posted On: December 5, 2008

Florida 9 Year Old Driving for Drunk Dad

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Teen fathers do not always turn into the best parents when they are older in Florida in other States. This point is illustrated by the arrest of Joshua James Fagan (Age - 27) who was arrested in Cape Coral, Florida. Mr. Fagan had been drinking and allowed his 9 year old son to drive Fagan's truck to a liquor store. This incident could have lead to tragedy and an accident with serious personal injuries or even the possible death of an incident victim. Fagan was found by police who reported that Fagan speech was slurred and there was a strong odor of alcohol on is breath. Fagan was charged with allowing an unlicensed minor to drive and for child cruelty that could result in mental or physical injury to the child. Obviously, there are a number of things wrong with this incident. First, parents should not drink to intoxication when there children area around. It is a bad example. Furthermore, a parent cannot adequately supervise and guide a child when the parent intoxicated. A parent would not leave his or her child with an intoxicated teacher, day care provider or coach. So, why would a parent chose to be intoxicated around his or her child? Mr. Fagan also put his son in danger. Giving the car keys and permission to drive to a 9 year old is just a bad idea. In Indiana Jones and the Temple of Doom, Short Round (Indiana's young side kick) drove a car under gun fire through the streets of Shanghai. Folks, this was just a movie. People should not try this at home, near their home, on vacation, or to take a trip to the local liquor store. Mr. Fagan hopefully will learn a lesson from this incident as should other fathers, mothers, and caregivers of children in Florida. You can read more about the Drunk Driving incident involving Mr. Fagan and his son at Drunk Dad Gets Ride to Liquor Store with 9 Year Son.

Posted On: December 4, 2008

Naples Florida Teen Arrested for Shoplifting After Swallowing Evidence

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A Naples, Florida teen (William A. Colburn) was recently arrested at a JC Penny Department Store for shoplifting. William put earrings valued at $16 into a VitaminWater bottle. He thought he would casually walk out the store with the jewelry. He was wrong. William was escorted back into the store where he thought he could outwit police and the security guard by drinking and swallowing the evidence. William probably did not pay much attention to the Discovery Channel or science class about X-Rays. William was taken to a local hospital where X-Rays were taken. Of course, the X-Rays lit up the foreign objects (earrings). It does not appear that the earrings will be returned or put back up on a sales rack once they pass through William A. Colburn.

This story did not have much of a tragic ending but it could have. Children swallow foreign objects every day. Some are smooth and small and pass through without a problem. Others are larger, jagged and sharp. These objects can cause medical problems in the form of choking and / or damage to the intestinal tract of a children. Serious child personal injuries and, in some cases, wrongful death, can result from swallowed foreign objects.

You can read more about the William Colburn story at Florida Teen Shoplifts and Swallows Evidence.

Posted On: December 3, 2008

Volusia County Sheriff's Office Investigating Death of 17 Year Old (Jamie Gibson)

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A Volusia County, Florida teenager (Jamie Gibson) died recently in a home near New Smyrna Beach, Florida where he had been spending the night. Reports indicate that Jamie and two friends drank vodka mixed with ginger ale. According to the friends, Jamie drank most of the vodka. Jamie woke up at approximately 3:00 a.m., vomited, ate some bread and then went back to bed. Jamie was later found unresponsive by the friend who woke up an adult for assistance. Jamie was taken to Bert Fish Medical Center in New Smyrna Beach, Florida where he was pronounced dead.

Autopsy results of pending. It appears that alcohol may have played a role in the death of the teenager. There are good reasons for a drinking age of 21 in the State of Florida. Despite the law being in place, there are still ways for teenagers to get their hands on alcohol. Unfortunately when you combine alcohol, teenagers, and a lack of supervision for the consequences, it can be a deadly result. Teenagers, young adults, and even older adults for that matter often lack the judgment with alcohol to know when "enough is enough". Police will investigate how Jamie got his hands on the alcohol. Apparently, Jamie brought the alcohol to the house in a water bottle.

Parents and other adults should do their best to discourage and prevent teen drinking. There will be occasions and incidents where teens will drink no matter the circumstances. This should not, however, deter parents, family friends, and others from taking action to stop or curb the dangerous effects of teen drinking. The danger of teen drinking is not just on the roads but it is in the home as well. You can read more about the death of Jamie Gibson and the ongoing investigation at Law Enforcement Authorities Investigating Death of 17 Year Old in Volusia County Florida.

Posted On: December 2, 2008

Flea Markets in Jacksonville Florida Can Be Dangerous - Man Shot at Flea Market

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Florida Flea Markets are places for bargains and also . . . violence. Gun fire recently broke out a the Norwood Flea Market located at 5301 Norwood Avenue in Jacksonville, Florida. I personally have been at this flea market. I brought my children there when they were younger. I remember the pony ride and some of the vendors. Little did I know that it would be a place of violence and gun fire in the future. A 29 year old man was shot in the right as he was heading to his car from the flea market. Two bullets hit the victims car as well. The Jacksonville Sheriff's Office will investigate the incident to determine the identity of the shooter and if the shootings resulted from a personal dispute, business dispute or some other cause. The shootings took place at 2:00 p.m. in the afternoon. This is quite frightening when thinking about all the incident adults and children who were at the flea market that day. You can read more about the incident at the Jacksonville Florida Flea Market Shooting Being Investigated the Local Police.

Posted On: December 1, 2008

Funerals for Children - Dealing with Costs and Other Issues

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The death of a child is an unnatural event for any parent or caregiver. A parent should not have to plan for or deal with the death of any children whether the death is due to an illness, medical condition, natural disaster, medical malpractice, or negligence of a driver, person or business. Parents typically do not out live their children. Unfortunately, for many families in Florida and other States, a parent must arrange for the funeral of a child. In addition to the stress and sorrow, there are costs involved with the funeral and final arrangements for a child. I found a helpful web site that covers topics of costs for a funeral as the costs can be quite high and burdensome for families. In addition, especially when dealing with the sudden, unexpected death of a child, the family has had no opportunity to plan, financially or otherwise, for the death of a children. Whether you are a parent dealing with a funeral for a child or other family member or you are a close relative or family friend trying to help someone going through this ordeal, you may find helpful advice at http://yourfuneralguy.wordpress.com/about.

Some automobile insurance policies pay out a death benefit when a person dies as a result of an automobile accident. There are other types of insurance policies that also provide similar benefits. Dealing with the grief and sorrow of the death of a child is certainly difficult. When there are unexpected and high costs involved, it only worsens the situation. As such, it is important to get some help from family, friends, advisors, and, in some cases, attorneys / lawyers when dealing with all of the demands, stresses, and problems associated with the death of a child.