Florida Child Injury Lawyer Blog

If a dog is off its owner's private property, the dog must be under restraint unless the dog is actively engaged in the sport of hunting. A dog, properly under restraint in St. Lucie County, is a dog that is secured by a leash or lead. "Leash or lead" is defined as a cord, rope, chain, or similar device which holds an animal under restraint and is not more than six (6) feet in length.

If you would like to read more of the Dog Provisions of St. Lucie County, Florida please see Code of Ordinances, County of St. Lucie, Florida, Article II - Animal Control.

St. Lucie County, Florida is located on the East Coast of Florida and includes the following cities: Fort Pierce, Port St. Lucie, and St. Lucie Village.

Continue reading " Is There a Dog Leash Law in St. Lucie County (Fort Pierce, Port St. Lucie, and St. Lucie Village) Florida? " »

Pursuant to Marion County, Florida, Code of Ordinances, Chapter 9 - Animals, Article 4 - Animal Control, Care and Treatment, Sec 9.90 - Animal Restraint Law, dogs off the property of their owner must be under restraint or control of a competent person by means of a chain, leash, or other similar device, or is in a secure cage or other secure enclosure. Also, dogs shall not be allowed on any County owned athletic field or facility or parks unless otherwise permitted.

Under the Martin County Ordinance, "at large" is defined as any animal running loose that has a current or traceable Martin County license. "Control" means the regulation of the possession, ownership, care and custody of a dog. If you would like to read more about the Dog Provisions see Marion County, Florida, Code of Ordinances, Chapter 9 - Animals.

Martin County, Florida is located on the East Coast of Florida and includes the following cities: Arundel, Indiantown, Hobe Sound, Hutchinson Island South, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City, Sewall's Point, and Stuart.

Continue reading " Is There a Dog Leash Law in Martin County (Indiantown, Jensen Beach, Jupiter Island, and Stuart) Florida? " »

In Charlotte County, Florida, it is unlawful for dog owners or those having possession, charge, custody or control of any dog to cause, permit or allow their dog to stray or in any manner run at large upon any public street, sidewalk or other public property or upon the property of another with that property owner's consent. If dogs are observed to be stray or running at large, officers are authorized to impound the dog.

However, dogs are permitted to be off the premises of its owner of any other person having possession, charge, custody or control of the dog if the dog is leashed or on a specifically designated dog park.

Dog owners must, at all times, have "direct control" over their dog. Direct control is defined as the immediate and continuous physical control of the dog by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. If you would like to read more on the Dog Provisions of Charlotte County, Florida please see Code of Laws and Ordinances of Charlotte County, Florida.

Charlotte County, Florida is located on the West Coast of Florida and includes the following cities: - Cleveland, Grove City, Palm Island, Placida, Port Charlotte, Punta Gorda, Rotonda, and Solana.

It is important, as a dog owner, to keep your dog leashed when off your property. Leashing your dog will prevent your dog from attacking an adult, child or other domesticated animal and reduce your chance of incurring any liability for injuries caused by your dog.

Any owner of a dog or person in possession, charge, custody or control of a dog is prohibited from allowing their dog to become stray or roam at large in or upon any public street, sidewalk, school grounds, in the area of school vehicles, beaches, parks or on the private property of others without the consent of the property owner. "Roaming at large" is defined as any dog not under the restraint, confinement or direct control of its owner or his agent.

Proper "restraint" in Lee County is defined as the restraint of a dog by leash, fence, building, chain, cage, crate or other secure enclosure that prevents the dog from roaming at large. If dogs are restrained exclusively by chain or tether, the chain or tether must be at least ten (10) feet in length, weigh no more than one-eighth (1/8) of the dog's weight and have swivels on both ends.

"Direct Control" is defined as the immediate and continuous physical control of a dog at all times; such as by means of a leash not to exceed six (6) feet in length, cord or chain of sufficient strength to restrain the dog.

If you would like to read more of the dog provisions of Lee County, Florida see Lee County, Florida, Code of Ordinances, Chapter 6 - Animals and Fowl.

Lee County, Florida is located in Southwest Florida and includes the following cities:
Alva, Boca Grande, Bokeelia, Bonita Springs, Captiva, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Fort Myers Shores, Fort Myers Villas, Gateway, Lehigh Acres, North Fort Myers, Page Park, Pine Island Center, Punta Rassa, Sanibel, San Carlos Park, St. James City, Tice, and Waterway Estate.

In Central Florida, a toddler drowned in his family's swimming pool a week before his second birthday. The toddler was identified as Maxwell Spears. According to the Gilchrist County Sheriff's Office, Maxwell was unresponsive after his grandfather pulled him out of the pool. The accident happened in an above ground pool, and, investigators say, the child could have walked directly into the pool via a deck connecting the pool to the home.

Maxwell and another friend of his were being watched by Maxwell's father and grandfather at the time the accident occurred. The grandfather was leaving the laundry room of the family home and saw the back door open and Maxwell in the pool. Both the father and grandfather attempted to perform CPR on Maxwell until an ambulance arrived. If you would like to read more about this tragic accident see Toddler drowns in above ground pool.

Pools, in-ground and above ground, hot tubs and beaches are places of fun, excitement and also provide exercise for children. Constant supervision is key when children are around the water. If you would like to read more articles on water-related injuries and children please see:

1. Dangers of Hot Tubs - Children At Risk for Drowning, Death, and Personal Injuries
2. Dangers of Pool Drains - Importance of Strong Laws and Regulations to Protect Children
3. Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child

In Palm Beach County, Florida, when a dog is off the property of it owner, sufficient and lawful means of restraint or confined are as follows:

1. Dog owners must have their dog under restraint or be controlled by a person by means of a chain, leash or other device if the dog is off its owner's property;

2. Or, the dog is sufficiently near its handler to be under the handler's direct control and is obedient to that handler's commands;

3. Or is caged or crated.
--"Owner's property" is defined as the property which is exclusive to the owner and does not include common areas.

It is unlawful for dog owners to tie, chain, or otherwise tether by electronic/radio device a dog on the owner's property withing 5 feet of public property, public access, easements, common grounds, or the property of another without the consent of that property owner. If you would like to read more about the Dog Provisions in this area see Code of Ordinances of Palm Beach County, Florida, Chapter 4, Animals.

Palm Beach County, Florida is located in South Florida on the East Coast and includes the following cities: Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Canal Point, Cloud Lake, Delray Beach, Glen Ridge, Golf, Greenacres, Gulf Stream, Haverhill, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Loxahatchee, Manalapan, Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, Sandcut, South Bay, South Palm Beach, Tequesta, Wellington, and West Palm Beach.

Continue reading " Is There a Dog Leash Law in Palm Beach County (Boca Raton, West Palm Beach, Jupiter and Lake Worth) Florida? " »

Pursuant to Code of Ordinances, of the County of Hendry, Florida, Chapter 1-5, Animal Control, Sec. 1-5-16, Control and confinement of animals, dog owners must exercise reasonable care to protect humans, other animals or other property from injury or damage caused by the behavior of the dog.

Dog owners shall also exercise reasonable care to prevent their dog, while unattended, from leaving the premises of the owner by:
1. Confinement in a secure enclosure, fence, or pen from which the animal cannot dig, climb, jump or otherwise escape and which is locked while the animal is unattended;

2. Restraint by chain, cable and trolley, or other tether to prevent escape; or

3. Leash and physical control of a person capable of preventing the dog from escaping.

If not unattended, the dog owner shall exercise reasonable care to maintain the dog of the owner's premises by:
1. Confinement in a vehicle from which the dog cannot climb, jump or otherwise escape; or

2. Leash and physical control or a person capable of preventing such animal from escaping.

Repeat offenders - a dog that has been repeatedly (defined as 3 charged offenses) allowed to run loose or otherwise not confined in accordance with this ordinance must be spayed or neutered at the owner's expense.

Hendry County, Florida is located in Southwest Florida and includes the following cities: - Clewiston, Harlem, and La Belle.

Florida is a great destination and tourist State. It can be great fun to swim in pools and visit theme parks. Unfortunately, some vacations take a tragic turn especially when there is a serious personal injury to death to a young child. In Clermont (Lake County) Florida, a child reportedly drowned in a hotel pool. The child (Mahki Smith) was 4 years old and was visiting Florida with other family members. The child was discovered in the pool by his grandmother about midnight in the swimming pool of the Bay Resort in Lake County, Florida.

What are the legal rights and responsibilities of the hotel?

What are the legal rights and responsibilities of the family?

What are the legal rights and responsibilities of the child?

There are all valid questions when there is a serious injury or death to the child. Many cases of this nature are evaluated based on the facts and circumstances of the incident. In particular, it would be helpful to know the following:

What pool enclosures or fencing was in place for the hotel?

Was the pool locked at night?

How did the children especially a 4 year old get into the pool area so late at night?

What security measures were in place at the hotel?

Did any surveillance cameras videotape the incident or other portions of the night?

There are dangers in and around every pool and body of water in the State of Florida. The dangers and risks are especially high when there are children present. Safety precautions and supervision are key to keeping children safe in and around pools.

The loss and tragic death will be Mahki Smith will be felt in the family and community. You can read more about this story at Boy from New York Drowns in Lake County Hotel Pool.

Dogs "at large" are prohibited in Broward County, Florida. Dogs are prohibited from becoming stray, running or going at large upon any public property or street, sidewalk, park or on the private property of another without the consent of that property owner. If a dog is found to be on the property of another without the property owner's consent, the dog may be humanely captured and confined. "At large" is defined as a dog not on its owner's property, and not under the restraint or direct control, custody, charge or possession of the owner, or other responsible person.

Any person leashing or otherwise confining a dog must do so in a humane fashion that is not injurious to the dog's health.

For a dog to be allowed on a public street, road, park or other public property, unless specifically permitted otherwise, the dog must be under the direct control of its owner or keeper. "Direct control" shall mean immediate, continuous physical control of the dog at all times, such as by means of a fence, leash, cord or chain of sufficient strength to restrain the dog.

If you would like to read more of the Dog Provisions in this area see Broward County, Florida, Code of Ordinances, Chapter 4, Animals and Fowl, Sec. 4-3: Dogs at large prohibited.

Broward County, Florida is located in South Florida on the East Coast and includes the following cities: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-By-The-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Port Everglades, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, West Park, Weston, and Wilton Manors.

In Collier County, Florida, it is unlawful for dog owners to permit their dogs:

1. To be upon beaches, whether fettered or unfettered, unless the area has been designated as a proper are suitable for use by dogs.

2. To run at large on any public street, road, sidewalk or other public place. Or upon the private property of another unless given consent by that property owner.

3. To be within a park or upon public school grounds or public school playground, whether fettered or unfettered, unless the area has been designated as appropriate for such use.

4. To trespass upon the property of another so as to damage or destroy any property or thing of value.

Important definitions:
1. "At large" - a dog that is off the premises of its owner and not under the direct control of its owner or other competent person, on a suitable leash of dependable strength sufficient to restrain the animal.
2. "Direct Control" - the immediate, continuous physical control of the dog at all time by such as by means of a fence, tether or suitable leash of dependable strength sufficient to restrain the dog.
3. "Owner" - means any person have a right of property in a dog, or any person with the right or duty to control the dog, or any person then physically controlling, possessing, harboring or keeping the dog.

If you would like to read more of the Dog Provisions or laws regarding other animals in Collier County, Florida see Code of Laws and Ordinances of Collier County, Florida.

Collier County, Florida is located in Southwest Florida on the West Coast and includes the following cities: Ave Maria, East Naples, Everglades City, Golden Gate, Immokalee, Marco, Naples, Naples Manor, Naples Park, North Naples, Ochopee, and Palm River Estates.

In Monroe County, Florida, dog owners are prohibited from allowing their dogs to run at large on any public property or on any private property of another without the permission of the property owner. Pursuant to the Monroe County, Florida ordinance, "at large" is defined as a dog that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of human confinement or restraint. "Direct control" is defined as control that is immediate and continuous.

The following regulations apply in Monroe County, Florida:

1. A dog owner shall leash their dog while upon school grounds.

2. Except for dogs that assists disabled persons, dogs are prohibited from all county parks, beaches and other county facilities, unless where otherwise permitted by this Code.

"Leash" is defined as a cord, strap or other like apparatus that is attached to the dog in an effort to control the movement of the dog by the holder of the leash.

If you would like to read more of the Dog Provisions in Monroe County, Florida see Monroe County, Florida, Code of Ordinances, Chapter 4, Animals.

Monroe County, Florida is located in South Florida and includes the Florida Keys and the following cities: Big Pine, Islamorada, Key Colony Beach, Key Largo, Key West, Layton, Marathon, Sugarloaf Key, and Tavernier.

Although spinal cord injuries are a very rare occurrence among children (about 1000 incidences per year), the child personal injuries can be the worst kind of tragedy. For parents or guardians with a child who has spinal cord injuries it is important to know the typical mechanisms of injury and the child's special treatment needs.

In children under 8-years-old most spinal injuries are located in the neck region - this is because of the unique anatomy of children in this age group. Some warning signs are a disproportionately large heard, underdeveloped neck musculature and a much more flexible spinal column.

The spinal cord injury itself happens in two phases: the first, is the irrevocable force that actually injures the spinal cord; the second, is what happens afterward. The injury itself triggers a cascade of events that can cause further damage within the body. Types of further damage include but are not limited to: severe inflammation, shock, and changes in the immune system.

An X-Ray should be taken as soon as possible in order to determine, or at least to begin to determine, the extent of the injury. If a physician does suspect a spinal injury from the results of an X-ray further tests such as dynamic imaging studies, a CT scan, or an MRI should be performed.

If you would like to read more on this topic see Child Spinal Cord Injuries - Signs and How to reduce their damage.

Organized, school sports are just around the corner. It is our job as parents, coaches, teachers, guardians, etc. to ensure are children are in good health in order to reduce the risk or injury. According to Dr. Peter Indelicato, chief of the division of sports medicine in the University of Florida College of Medicine's orthopedics department, the best way to keep children in the game for life is to warn young athletes and their parents to play it safe.

Youth sports-related injuries are reaching all-time high numbers. And, among middle and high school students the main cause of injury is overuse. The most common injuries in young athletes typically include strains, sprains and bruising.

Any young person interested in playing sports needs to have a physical examination before he or she is certified to play. The exam is a good time for parents and the young athlete to ask about any specific issues related to potential injuries.

Parents should also educate themselves of who will be educating and coaching their children, understand their child's school policy regarding sports-related injuries and the coaches educational background and certification. If you would like to read more on this topic see Keep children safe during organized sports.

In Cocoa (Brevard County), Florida, a day care worker (Rondalyn Dixon) was arrested for leaving a 19 month child unattended in a hot day care van. It was reported that the child was left in the vehicle for about 15 minutes. When deputies from the Brevard County Sheriff's Office arrived, the temperature was 102 degrees. Leaving a small child in a van in the brutal summer heat of Florida can lead to tragic consequences and even death to some children. See Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida. Day care centers throughout Florida and the rest of the United States need to go back to the basics when transporting children. Simply stated, make sure all children are properly on the bus / van and make sure that all children properly depart or are removed from the bus / van. The best way to protect children is to have written policies in place, have checklists in place, and follow them every time. When a bus driver departs a bus / van at the end of a run, the bus driver should check every seat and part of the vehicle to make sure that all children have exited the bus. Checking and double checking a simple checklist can and will save lives and prevent personal injuries to children . . . it will also keep day care providers from being arrested for neglect charges in leaving a child unattended in a day care bus or van.

You can read more about the arrest of the Cocoa, Florida day care worker at Child Forgotten in Hot Day Care Van - Worker Arrested. See also Day Care Center Transportation - Driver's Logs Can Save Live and Preventing Deaths to Children in Hot Cars: What Can Florida Day Care Centers Do to Prevent These Wrongful Deaths?

Pursuant to Sec. 14-41 of the Code of Ordinances of Sarasota County, Florida, dog owners or prohibited from permitting their dogs to run at large unless their dogs are leashed in any of the following circumstances:

1. upon any public street or sidewalk, unless specifically allowed by another ordinance;
2. the property of another;
3. common areas of condominium, mobile home park, or other aggregate living where the property is held by an owners association or similar entity.

At all times a dog must be under the direct control of its owner or other responsible person. "Direct control" is defined as the immediate and continuous physical control of the dog at all times by means of a fence, leash, cord or chain of sufficient strength to restrain the dog.

If an animal is found to be "at large" are legally allowed to impound the dog and are entitled to enter onto the private property of another for the purpose of capturing the dog for impoundment.

Violation of this ordinance is a punishable offense. If you would like to read more of the Dog Provisions of Sarasota County, Florida see Code of Ordinances of Sarasota County, Florida.

In Manatee County, Florida, dogs are prohibited from being "at large" upon any public property, street, or sidewalk, or on private property of another without the consent of the property owner. If a dog is found to be "at large", the dog may be humanely captured and turned over to the division, or other human organization, or licensed wildlife trapper. In its capture, the dog shall not be tied, chained or otherwise tethered in such a manner that is injurious to the dog's health.

The owner of a dog must have direct control of his or her dog at all times. For purposes of this ordinance, "at large" shall mean any dog not on its owner's premises, no in the control or custody of its owner or custodian and not under the physical control of its owner or custodian while off its owner's or custodian's premises. "Control" shall mean the regulation of the possession, ownership, care, custody or supervision of the animal.

If you would like to read more of the dog provisions of Manatee County, Florida see Manatee County, Florida, Code of Ordinances, Chapter 2-4, Animals, Article I, Animal Ordinance.

Manatee County, Florida is located on the West Coast of Florida near the Tampa area and includes the following cities: Anna Maria, Bradenton, Bradenton Beach, Holmes Beach, Longboat Key, Myakka City, Oneco, and Palmetto.

The death of an 11-year-old For Myers boy, Michael Duda, was confirmed by The Florida Fish and Wildlife Conservation Commission.

Duda apparently died after he feel off a boat near Plantation Key. Investigators say Duda was riding in the 17-foot boat when the operator mae a sharp turn, throwing Duda overboard and causing him to be struck by an oncoming vessel. Apparently, the operator of the vessel was 16-year-old at the time of the accident. Neither he nor two other passengers were injured.

No charges have been filed. If you would like to read more about this unfortunate story see 11-year-old Fort Myers boy dies after thrown from boat.

This child's death is a tragedy for his family and his community. The other four passengers are extremely lucky. Boating can be fun and a great way to enjoy the outdoors during these typically hot summer months. However, because you do not need to have a state issued driver's license to operate a boat, many inexperienced drivers get behind the wheel of such powerful devices. Parents and guardians need to warn their children about the dangers of boating, inform them of the important of safety vests, and instill necessary precautions at a young age in their children's lives.

Children are naive when it comes to their dangers of animals, especially dogs. Most children fail to appreciate the inherent dangerous propensities of dogs - because even if the dog is domesticated, it is still a wild animal. Therefore, parents and guardians need to teach children how to behave around dogs.

Below are some tips from experts for parents, guardians, babysitters, and day care providers and workers they can use to teach their children how to act around dogs:
1. If a child is playing with a dog, he or she should always be supervised by an adult.
2. If your child wants to pet a dog that is being walked by its owner and the dog is leashed, ask the owner's permission first. Also, looks for signs of friendliness from the dog such as a wagging tail, ears not pinned back, teeth not shown, etc. Tell the child to make a fist so the dog can smell the child before the child pets the dog. Hold your child's hand as he or she pets the dog.
3. Never let your child approach a stranger with a dog alone. Teach your child to not go with a stranger to look for a puppy as well.
4. Teach your child to never get between two dogs fighting.
5. Never let your child approach an injured animal, even his or her own. An injured animal can be very irritable and is more likely to attack.
6. Teach your child to never approach a loose and/or unsupervised dog. Instead the child should stand still, not make eye contact, and otherwise appear submissive so as not to come off as a threat to the dog.

If you would like to read more on this topic see Tips for parents on how to teach their children to act around dogs.

On Friday, July 23, dozens of mourners of Orange City Beach, Florida attended the private memorial service of 4-year-old Aiden Patrick of Deltona, Florida. Aiden was killed in a beach-driving crash on New Smyrna Beach located in Volusia County, Florida. Aiden's parent made an emotional plea to Volusia County officials to make the beaches safer, Volusia County Council promised to make changes but did not ban beach driving. This is not the only beach-driving accident of the summer, Ellie Brand of Nottingham, England was run over by a vehicle in Daytona Beach.

If you would like to read more on this story see 4-year-old boy killed in beach-driving crash in New Smyrna Beach, Florida.

Also, if you would like to read more about driving crashes on Florida Beaches see Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child.

Continue reading " Private Memorial Service for Aiden Patrick, Pedestrian Accident Victim - New Smyrna Beach, Florida " »

The Palm Beach County Medical Examiner, according to a report in the Sun Suntinel, has confirmed that the death of 2 1/2 year old Haile Brockington was caused by heat stroke. While there is an investigation by various law enforcement and child care government agencies, it appears that the death was preventable if the policies and procedures for transportation (namely the driver's log) were properly followed by the day care center - Katie's Kids. Now, the family is grieving and trying to pick up the pieces from this horrific tragedy.

When a child loses both parents at a young age, there is a term for this - orphan. When a husband or wife loses a spouse, there is a term for this - widower or widow. When a parent loses a child, there is no term for this. The pain of the parent and family is also indescribable and unimaginable in many ways. This is especially true when the death is unexpected and wholly preventable. When a parent takes a child to day care, the child should be supervised in a safe and nurturing environment. Day care centers should place safety above everything else for children in the Florida day care center.

You can read more about this story at Family Still Seeking Answers in Toddler's Death at Day Care Center.

A boy was seriously injured in Auckland, New Zealand after he fell off an indoor rock-climbing wall. The boy, who was in serious condition after sustaining injuries to his head and an arm, was taken to a nearby hospital. The fall is allegedly the result of the boy ascending the climb without having his connection to the rope checked by an adult. Gavin Harris, the operations manager of the climbing venue, said the accident resulted from a breach in procedure as opposed to a mechanical failure.

If you would like to read more on this story see Boy in serious condition after falling from a climbing wall.

Activities such as rock-climbing are fun and great exercise for children. However, these types of activities are also inherently dangerous. Parents and guardians as well as employees at climbing facilities need to stress the importance of the safety precautions. Although these precautions may be time-consuming and can seem mundane and formalistic, these safety procedures are in place for a reason - the procedures save lives and reduce injuries.

Continue reading " Dangers of Rock Climbing Structures and Importance of Child Safety " »

In Okaloosa County, Florida the required restraint by a dog owner depends upon the type of property the dog is located on. While the dog is on its owner's or custodian's property, the owner or custodian shall exercise diligence and reasonable care to prevent the dog from leaving his or her property.

In urban areas of the county, restraint exists when the dog is:
1. Enclosed within a fence, house, building, pen or other enclosure where the dog cannot escape. These enclosures must be securely fastened if the dog is left unattended.
2. On a leash by a competent person.
3. Off a leash but under voice control and obedient to the controlling person's commands and the controlling person is present with the dog at all time.

In agricultural or low-density areas of the county, restraint exists when the dog is:
1. Within the real property limits of the owner or custodian.
2. Under the control of a responsible person and obedient to the controlling person's commands to the extent that the dog will not trespass upon or disturb the property of another.

If a dog is off the premises of its owner or custodian the owner or custodian must exercise diligence and reasonable care to keep his or her dog under restrain. The only acceptable methods of restraint are:
1. Inside a vehicle, parked or in motion.
2. Confined within a enclosure with permission of the occupant of the property where the dog is temporarily located.
3. On a leash held by a competent person.
4. Under the control of a responsible person and the controlling person's commands prevent trespass.
5. In a secured or fastened cage with adequate ventilation and space for the dog.

Note: It is unlawful to chain, tie, leash or otherwise tether a dog to a house, tree or other stationary object as a means of confinement to property.

If you would like to read more of the Dog Provisions in Okaloosa County, Florida see Code of Ordinances of Okaloosa County, Florida.

Okaloosa County, Florida is located in Northwest Florida and includes the following cities: Baker, Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar, and Valparaiso.

Jefferson County has definitions for "At Large" and "Restraint" but does not specifically have an Ordinance that strictly requires a dog owner to have a dog on a dog leash. A dog deemed "at large" is a dog that is off the premises of its owner while not under the owner's supervision. A dog is considered under "restraint" if the dog is controlled by a competent person by chain, leash or other similar device, within a vehicle being driven or parked, or within a secure enclosure.

While the Ordinances for Jefferson County does not have a specific dog leash provision, the Ordinances for the City of Monticello does have a specific dog leash Ordinance. Pursuant to section 18-66 of the City of Monticello Ordinances, all dogs shall be kept under restraint. A dog is considered under "restraint" if the dog is within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person.

Jefferson County, Florida is located in North Florida, East of Tallahassee and includes the following cities: Alma, Ashville, Aucilla, Capps, Casa Blanco, Cody, Dills, Drifton, Fanlew, Festus, Fincher, Jarrett, Lamont, Limestone, Lloyd, Lois, Monticello, Montivilla, Nash, Thomas City, Wacissa, and Waukeenah.

In Florida and other States, children continue to suffer personal injuries and even death when left unattended in a hot car, day care van, or school bus. These tragedies are wholly preventable with proper supervision and policies in place to make sure that every child is accounted for and, yes, that no child is ever left behind. Pursuant to the Florida Administrative Code, Chapter 65 C, Section 22.001 (6) F - Transporation, a day care center has the duty to maintain proper staff to child ratios when transporting children. In other words, there needs to be sufficient staff in place for the number of children being transported. Furthermore, a log is required to be maintained that should include the child's name, date, time of departure and time of arrival, signature of driver and signature of staff member to verify the driver's log and, most importantly, to verify that all children have left the vehicle. In addition to documenting the driver's log, the driver has a duty to conduct a physical inspection and visual sweep of the vehicle to make sure that all children are accounted for. Furthermore, upon arrival, a second staff member is required to conduct a physical inspection and visual sweep of the vehicle to make sure that all children are accounted for.

The aforementioned procedure (if properly followed) can and will save lives. Unfortunately, too many children have lost their lives due to being left unattended and alone in a hot day care vehicle, school bus, or vehicle. The plight of Haley Brockington recently made headlines. Haile was left in a day care van for up to 6 hours. While autopsy results are pending, it appears that Haley died as a result of hyperthermia / heart exhaustion and the related complications. A small child simply cannot survive in a parked car in this Florida summer heat with no air conditioning for an extended period of time. See also Haley Brockington's Mother and Family React to Death of Child See also Investigators to review findings of investigation into tot's death at a Delray Beach day-care center.

While not all child care providers may be subject to this Florida Administrative Code provision, I would recommend that all child care providers including schools, all day care centers, summer camps, church groups, and, yes, even parents, grandparents, and family friends follow this procedure. While a parent or grandparent is unlikely to use a driver's log, it may be helpful to have a checklist in the car to make sure that all children are out of the car. Some use a stuffed animal as a reminder. Others leave a purse or another item in the backseat as a reminder to remove the purse or item and, more importantly, the children from the vehicle upon arrival at the trip destination. While not all automobile accidents or other unexpected tragedies can be avoided, the death or injury of a child mistakenly or negligently left in a vehicle can absolutely be avoided.

In Bay County, Florida it is unlawful for dog owners to allow their dogs to run at large upon public or private property without the property owner's consent, or, the lessee's consent if the property is being leased. Also, all dogs, when off their owner's property or on another's property by consent, shall be under the direct control of a competent person who is able to control the dog or shall be kept under restraint.

Pursuant to section 4-27 of the Bay County, Florida Code of Ordinances, an "at large" dog is defined as a dog off the premises of the its owner and not under the direct control, custody, possession or charge of its owner or other responsible person either by leash, cord or chain of sufficient strength. Under the same statute, "direct control" means the immediate and continuous physical control by means of a leash, cord or chain of sufficient strength to restrain the dog. In the case of specially trained dogs that are taught to immediately respond to oral commands, direct control shall include oral commands so long as the controlling person controlling person is has unobstructed sight and hearing of the dog and is no more than 100 feet away from the dog.

Bay County, Florida is located in Florida's panhandle and includes the following cities: Bayou George, Bear Creek, Callaway, Cedar Grove, Fountain, Hiland Park, Laguna Beach, Lynn Haven, Mexico Beach, Millville, Panama City, Panama City Beach, Parker, Rosemary Beach, Sand Hills, Sandy Creek, Southport, Springfield, West Bay, West Panama City Beach, and Youngstown.

Florida is a warm weather State. Better stated, Florida is a hot weather State that offers many attractions like beaches and theme parks. Florida's hot weather also presents dangers to children left in hot vehicles during all times of the year especially Summer months. The death of Haley Brockington who was left in a day care center van illustrated the dangers of Florida's weather combined with the inattention of staff along with the lack of policies and procedures or the failure to follow adequate policies and procedures. See Why Did Haley Brockington (Age 2 1/2 Years Old) Die in Katie's Kids Learning Center Van? Legal Rights and Responsibilties See also See also Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida.

Here are some general tips for Florida day care centers and all other transporters of children to consider to make sure that a child is not left unattended in a hot car in Florida:

1. Never leave a child alone in a hot vehicle. A 5 minute visit to the store can easily turn into a 25 minute visit which an mean the difference between life and death for some children.

2. Have a checklist of that is consistently followed at the end of any transport of children. Double and triple check the list to make sure that every child is removed from the vehicle, bus, or van.

3. Put an item like a stuffed animal or other object in the back of the vehicle, bus, or van. This will serve as a reminder to check all parts of the vehicle and make sure that all children are removed from the vehicle. If you did not bring the stuffed animal to the front of the vehicle or in with you, you did not check the vehicle thoroughly.

4. Train and instruct all transporters of children as to the dangers of leaving a child in a vehicle. Ignorance is rampant as to the dangers of leaving a child in a hot car. Make sure that the driver and other transporters of children understand and recognize the risks and are instructed to never ever put a child at danger.

5. Have a written policy and procedure in place that must be followed each and every time that a child is transported and follow it consistently.

The traffic on Volusia County, Florida beaches are becoming a problem. Four people have struck by cars on the beach, one fatally. Last month, a Daytona Beach, Florida woman was run over by a Beach Patrol pickup vehicle while she was sunbathing. The 52-year-old woman's leg was trapped between her beach chair and the undercarriage of the truck, she sustained a compound fracture to her right leg.

County records reveal that over the past five years, 43 people have been struck or run over by vehicles on the beach, at least 20 of these people sustained serious injuries. This number includes the tragedy of the 4-year-old girl, Ellie Bland, who was killed in last March on Daytona Beach. Volusia County's driveable beaches stretch for 16 miles and can see as many as 10,000 vehicles pass through the tollbooths on a busy holiday weekend.

Although attempts to ban driving on Volusia County beaches have been made, a complete ban is unlikely. Frank Bruno, Volusia County Chairman, said the only way to completely stop accidents from happening on the beaches is to totally remove cars from the beach, which cannot happen. If you would like to read more on this story see Driving on Volusia County, Florida Beaches creates dangers for beach goers.

Continue reading " Children and Other Visitors to Volusia County Beaches At Risk for Getting Hit by Vehicles on the Beach " »

In Delray Beach, Florida, a 2 1/2 year old girl, Haley Brockington, was the unfortunate victim of a tragic death. It was reported in the Palm Beach Post and other news sources that the child was left in a day care van for up to 6 hours before she was found. The brutal heat of Florida's summer can cause the death of a child in a much shorter time. Due to the age of the child and circumstances of her death, an autopsy will be performed to determine the official cause of death and if there were any causes other than the suspected hyperthermia / heat stroke that was the cause of this little girl's death.

The family placed Haley Brockington in the hands of the day care center in the morning only to find out she was dead later that day. There were be several legal issues involved in a death of this nature including the following:

What was the official cause of death?

Who was responsible for the transportation of the children?

Did the day care center have a checklist or procedure in place for removing children from the van?

Who was responsible for taking roll call or attendance of the children in the facility?

Where the van parked during the time period that the child was left in the van?

What training did the staff have in transporting children? caring for children?

Was the death avoidable?

Will criminal charges be pursued through the State Attorney's Office?

The temperature high for South Florida was 91 degrees at the time of the incident. Since the temperature in a vehicle can be quite higher for a child left in a vehicle without air conditioning, there is a strong likelihood that the child died from hyperthermia. You can read more about this story at Child Found Dead in South Florida Day Care Center Van.

Pursuant to section 14-97 of the Pasco County, Florida, Code of Ordinances, dog owners, keepers or harborers are prohibited from allowing their dog(s) to wander or run at large, on or about any public street, roadway, or on or about the private property of any person(s) including the dog owner. At all times the dog must be under the direct control and supervision of a person who is capable or controlling and managing the dog.

A dog is considered "at large" if it is not under the actual control, custody, charge or possession of its owner or other responsible person by leash, cord, chain or enclosure. "Direct control" is defined as the immediate, continuous physical control of the dog by means of a fence, leash, cord or chain of sufficient to restrain the animal.

Pasco County is located in West Central Florida and includes the following cities:
Bayonet Point, Beacon Point, Dade City, Elfers, Gulf Harbors, Holiday, Hudson, Lacoochee, Land O' Lakes, New Port Richey, Odessa, Port Richey, San Antonio, Shady Hills, St. Leo, Trinity, Wesley Chapel, and Zephyrhills.

Continue reading " Is There a Dog Leash Law in Pasco County (Bayonet Point, Dade Ciity, Hudson, Port Richey and Zephyrhills) Florida? " »

In Highlands County, Florida, it is unlawful for an individual who owns, harbors or keeps a dog to allow the dog to roam, wander or run at large on or about any public streets, right-of-way or places in the unincorporated area of the county, or on or about the private property of a person other than the person who owns the dog.

Under section 4.5-22 of the Highlands County, Florida, Code of Ordinances, the use of a collar and leash are required. When a dog is on or about public streets, roadways or places in the unincorporated ares of the county, the dog must be on a collar and a leash, under the direct care, custody and supervision of a person sufficiently mature to care for, control and manage the dog.

If a dog is on the private property of an individual other than its owner, harborer or keeper, the must be under the direct care, custody, control and supervision of a person sufficiently mature to care for, control and manage the dog as well as on a leash, unless the owner of the property otherwise permits.

Highlands County is located in North Central Florida and includes the following cities:
Avon Park, Lake Placid, Leisure Lakes, Lorida, Sebring, and Venus.

Continue reading " Is There a Dog Leash Law in Highlands County (Avon Park, Lake Placid, Leisure Lakes, Lorida, Sebring, and Venus) Florida? " »

Taylor County defines "At Large" and "Direct Control" but does not have a specific requirement for a leash for the County that I saw in the Ordinances. A dog owner is responsible for the actions of his or her pet which includes when the dog is a nuisance; however, the mere presence of a dog off a leash does not appear to be a violation of the Code of Ordinances for Taylor County. It is, however,a violation of the Code of Ordinances if the dog trespasses on the property of another person.

An "at large" dog is defined as any dog which is not under the direct control of its owner. "Direct control" mean immediate, continuous physical control of a dog at all times by means of a leash, cord or secure fence of sufficient strength to restrain the animal as well as controlled by a person capable of restraining the animal, or safe and secure restraint within a vehicle. Voice controlled is considered sufficient direct control so long as the controlling person is at all time fully and clearly withing unobstructed sight and hearing of the dog and the dog is engaged in training or in an official showing.

A dog is considered a nuisance in Taylor County, Florida when the dog disturbs the rights of, threatens the safety of, injures a member of the general public or damages or interferes with ordinary use and enjoyment of their property. The following acts are examples of public nuisances:
1. Damage to the property of anyone other than its owner, including but not limited to turning over garbage cans or damaging gardens.
2. Chasing vehicles or other animals.

Dogs in heat shall be confined in a building or secure enclosure such that the female dog cannot come into contact with another dog, except for planned breeding.

Dog owners or custodians are prohibited from allowing their dog to trespass upo the property of another.

Taylor County is located in North Florida and contains the following cities: Perry and Steinhatchee.

Helmets decrease the risk of sustaining head injuries as well as decrease the severity of the an injury if sustained. Therefore, children, who are naturally more susceptible to sustaining head and brain injuries, should always wear a helmet while riding a bicycle.

Below are some basic facts, reasons and statistics that are support why children should protect themselves with helmets:

1. Bicycle Helmets are important. - Although helmets are no replacement for responsible, mature and safe riding, helmets decrease blunt force trauma and impact as well as protect a child from penetrating sharp objects or corners. Also, well-designed helmets have the capability of protecting the spine and neck along with the head.

2. Basic Statistics. - These statistics are from the Bicycle Helmet Safety Institute.
- In 2005, children under the age of 15-years-old accounted for 53% of all bicycle injuries that required hospital visits.
- 62.6% of cycling deaths that were a result of a head injury in 2000 were in children under 19-years-old.
- Approximately 80% of fatal bicycle injuries and 75% of disabling bicycle injuries could be prevented by wearing a helmet.

3. Different Types of Helmets. - There are two different officially-approved types of helmets: 1. hard shell helmets and soft or micro shell helmets. The Consumer Products Safety Commission and American National Standards Institute approves these types of helmets.

4. Bicycle Helmet & Child Safety. - Children are more prone to accidents and their skulls are more susceptible to traumatic injury. Therefore, parents, guardians, babysitters, daycare providers, etc. should make it mandatory for their children to wear a helmet while riding a bicycle.

If you would like to read more on this topic see Reasons why children should wear helmets while riding a bicycle.

If you would like more tips on proper use and fitting of helmets see Properly Using and Fitting Bicycle Helmets - Key TIps for Safety of Children.

In Santa Rosa County, Florida dogs are not allowed on public places such as airports, hotels, restaurants, theaters, public conveyances, grocery stores or other establishments serving food, beverages or staple foods. Dog owners are prohibited from allowing their dog to be on or about school grounds, public parks, beaches and playground.

Pursuant to section 4-37(h), Animal Control: Direct Control, a dog not under the direct control of its owner, person responsible therefor, or other person is considered an animal nuisance, in violation of the Ordinances of Santa Rosa County, and may be lawfully seized, restrained, impounded, and disposed of. Any person who keeps, harbors, or maintains an animal nuisance is guilty of a civil infraction and will be penalized in accordance with the Santa Rosa County, Florida Ordinances.

"Direct control" is defined as the continuous physical control of a dog at all times by means of a fence, leash, cord or chain of sufficient strength to restrain the dog.

Santa Rosa County is located in Northwest Florida (the Panhandle) and includes the following cities: Avalon Beach, Bagdad, Gulf Breeze, Jay, Milton, Munson, Navarre, and Pace.

You can read more of the Dog Provisions of Santa Rosa County, Florida at Code of Ordinances of Santa Rosa County, Florida.

Continue reading " Is There a Dog Leash Law in Santa Rosa County (Avalon Beach, Bagdad, Gulf Breeze, Jay, Milton, Munson, Navarre, and Pace) Florida? " »