Florida Child Injury Lawyer Blog

In Palm Coast, Florida, residents and visitors are subject to the Code of Ordinances for the City of Palm Coast, Florida. Pursuant to Chapter 8, Animals, Article III, Confinement of Dogs, Section 8-63, a dog owner has a duty to have a dog on a leash in residential and public places when the dog is off of the owner's property. The leash shall not be longer than 5 feet in length.

You can read more about the City of Palm Coast, Florida dog leash provisions and other sections pertaining to Dogs at the City of Palm Coast, Florida Ordinances.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Sumter County, Florida, residents and visitors are subject to the Code of Ordinances for Sumter County , Florida. Pursuant to Chapter 4, Animal Control, Section 4 - 10 - Dogs and Cats Running at Large - a dog owner has a duty to keep dogs from "running at large" when in or upon any public street, sidewalk, or other public property of another. A dog owner must keep his or her dog pursuant to Section 4 - 4 - Definitions under Direct Control which means restraint or control by a fence, leash, cord, or chain sufficiently to restrain the dog.

You can read more about the Sumter County, Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Sumter County.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Lake City, Florida, residents and visitors are subject to the Code of Ordinances for Lake City, Florida.

Pursuant to Chapter 14, Animals, Article II Animal Control, Section 14-47 -Dogs, Cats, Potbellied Pigs Constrained by Leash in Public Areas, it is unlawful for the owner or person having custody of any dog, cat, pottbellied in a public park or public property unless the animal is on a leash.

You can read more about the Lake City, Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Lake City, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Marion County (Ocala, Silver Springs) Florida, residents and visitors are subject to the Code of Ordinances of Marion County, Florida. Pursuant to Chapter 4, Animal Control and Enforcement, Section 4-4 - Control of Animals, every dog owner has a duty to keep his or her dog under restraint. A dog owner is required to take reasonable precautions to prevent the dog from leaving the owner's property. Reasonable precautions would include humane confinement in a house, building, fence, crate, pen or other enclosure. Reasonable restraint also includes humanely securing the dog by chain, cable, trolley, rope or other device. Reasonable restraint also includes the use of a leash. A dog owner is also required to take similar reasonable precautions as to restraint when the dog if off of the owner's property.

You can read more about the Marion County (Ocala, Silver Springs) Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Marion County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Flagler County (Palm Coast, Flagler Beach, Bunnell) Florida, residents and visitors are subject to the Code of Ordinances of Flagler County, Florida. Pursuant to Chapter 5 Animals, Article III - Confinement of Dogs - Section 5-63 Leashes Required in Public or Residential Areas - a dog owner is required to have his or her dog on leashes when the dog if off the owner's property and in a public or residential area.

Flagler County has a very good dog leash law in that it is very specific. There should be no question as to the requirements of a dog leash in Flagler County, Florida.

You can read more about the Flagler County (Palm Coast, Flagler Beach, Bunnell) Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Flagler County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Leon County (Tallahassee) Florida, residents and visitors are subject to the Code of Ordinances of Leon County, Florida.

Pursuant to Chapter 4 - Animals - Article II - Animal Control - Section 4-35 - Running At Large, a dog owner has a duty to maintain direct control and possession of the dog while the dog is off of the property of the dog owner. Direct control is defined as immediate continuous physical control of the dog by a leash, cord, or chain. Direct Control requires that the dog be controlled by a person capable of restraining the dog or that the dog is controlled by a safe and secure restraint within a vehicle. Sporting and police dogs are not subject to these regulations.

You can read more about the Leon County (Tallahassee) Florida dog leash provisions and other sections pertaining Animals At Large at the Code of Ordinances for Leon County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Bradford County (Starke) Florida, residents and visitors are subject to the Code of Ordinances of Bradford County, Florida. Pursuant to Chapter 10 - Animals - Article II - Animal Control - Section 10-38 - Animals At Large - Owners' Responsibilities, a dog owner has a duty to keep his or her dog from being an animal at large while the animal is off the dog owner's property. Pursuant to Section 10-31 - Definitions, an animal at large includes a dog that is not under the control, custody, charge or possession of the dog owner by leash, chain, effective voice control, secure fence, or other means of confinement or restraint.

Based on the language of the Ordinance, it does not appear that there is a strict dog leash policy if the dog is obedient to the owner's commands. Other County ordinances are more clear as to the necessity and requirement for dog leashes when the dog of off the owner's property.

You can read more about the Bradford County (Starke) Florida dog leash provisions and other sections pertaining the Animals at the Code of Ordinances for Bradford County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Columbia County (Lake City) Florida, residents and visitors are subject to the Code of Ordinances of Columbia County, Florida. Pursuant to Chapter 18 - Animals - Article III - Animal Control - Section 18-784 - Animal Restraint, a dog owner has a duty to confine the dog to the property owned by the dog owner. When the dog is outside of the property owned by the owner, the dog owner had a duty to keep the dog under proper restraint and control. Under the Ordinance, restraint is defined as
controlled by a leash OR under the control of a competent person and obedient to the person's commands. Based on the language of the Ordinance, it does not appear that there is a strict dog leash policy if the dog is obedient to the owner's commands. Other County ordinances are more clear as to the necessity and requirement for dog leashes when the dog of off the owner's property.

You can read more about the Columbia County (Lake City) Florida dog leash provisions and other sections pertaining the Animals at the Code of Ordinances for Columbia County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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In Alachua County (Gainesville, Archer, Alachua, and Waldo) Florida, a dog owner can be criminal prosecuted for a dog bite for violations of Section 72.18 - Alachua County Florida Animal Services Ordinance.

If a dog had not been previously determined to be a dangerous dog but the owner knew about the dangerous propensities of the dog and was reckless in its supervision and control of the dog, then the dog owner may be prosecuted for a second degree misdemeanor. A dog owner can even be prosecuted as a felony when the injuries are serious and the dog had been previously designated as a dangerous dog.

You can read about the consequences to a dog owner after a dog attack and other provisions and other provisions of the Ordinance at Alachua County, Florida Animal Services Ordinance.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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In Alachua County (Gainesville, Archer, Alachua, and Waldo) Florida, residents and visitors are subject to the Alachua County Animal Services Ordinance pursuant to Chapter 72 - Animals. A dog owner has a duty under Section 72.12 to maintain "physical control" of the dog when the dog is off the owner's property. "Off the owner's property" includes streets, parks, public property, and private property of others. What is "physical control"? This means immediate and continuous control through the use of a leash or continuous control through the use of an enclosure. The Alachua County leash law serves to protect adults, children, the dog, and other dogs. While many people view their dogs as harmless and docile animals, all people should keep in mind that dogs are animals and, at times, are provoked by instinct or other reasons to attack people and / or other animals. The safety of children in Alachua County, Florida including Gainesville is best served by dog owners who obey and follow the Alachua County Animal Services Ordinance. You can read about the Alachua County, Florida leash law and other provisions of the Ordinance at Alachua County, Florida Animal Services Ordinance.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Under the Florida Administrative Code - Chapter 65C-22 Section 22.002- Physical Environment, Florida Day Care Centers / Child Care Centers are required have toys and furnishings in the facility. The toys and furnishings must be suitable to each child's age and development. It it vital that the toys and furnishings be safe and sanitary.

Many Florida day care centers / child care centers fail to either provide toys or fail to properly inspect and maintain the toys and furnishings used by the children. Sharp edges, pointed edges, exposed metal, glass, and small objects can seriously injure children in the day care center. A simple toy can seriously injury a child in the form of lacerations, eye injuries, and choking incidents. Improper furnishings or improperly maintained furnishings can lead to similar injuries as well as fractures and head injuries to children in a day care facility. Day care centers should work hard to provide a safe and clean environment for children. This includes due diligence in providing and maintaining toys and furnishings at the Florida day care center.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Statutory References (Florida)

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Under the Florida Administrative Code - Chapter 65C-22 Section 22.001- General Information, Florida Day Care Centers / Child Care Centers are required to plan and post scheduled activities for the day. Children, especially young children, like the security of a regimen or daily schedule. There is comfort for a child in having a routine that is planned, organized, and carried out on a daily basis. Under the Florida Administrative Code, each age group or class of children must have a written plan of scheduled activities that must be posted in a conspicuous location for parents. The needs of the children must be met through these planned activities. The activities must promote emotional, intellectual and physical growth. There must be accomodations for quiet and active play inside and outdoors. Of course, there must be time planned for meals, snacks, and nap time according to the age and needs of the children. As the old adage goes, if you fail to plan - you plan to fail. Planning and organization are important tools to running a safe Florida day care center / child care center that promotes the needs and best interests of the children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Playground & Recreation Injuries , Statutory References (Florida)

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Under the Florida Administrative Code - Chapter 65C-22 Section 22.001- General Information, Florida Day Care Centers / Child Care Centers are required to have proper supervision in place for the health, safety and welfare of the children.

Direct Supervision, as defined under the Florida Administrative Code, requires that a child care worker watch and direct the children's activities in the same room or outdoor play area. Child care workers need to respond to the needs of each child while supervising the child the child is inside or outside the building. Day care centers / child care centers must be organized as to its staffing. In particular, child care workers must be assigned to provide "direct supervision" to a specific group of children "at all times".

Proper and consistent supervision in a Florida day care center / child care center is vital to safety of the children. Otherwise, serious child injuries (that are otherwise preventable) happen. If you have a child that has been injured due to improper supervision in a Florida day care center / child care center, it is often times helpful to have the advice, consultation, and representation from a Florida Child Injury Lawyer / Attorney.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Statutory References (Florida)

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In Jacksonville, Florida and other Florida cities, there are rear end crashes / collisions every day. In these automobile accidents, the police officer will typically issue the traffic citation to the driver who rear ended the other driver. Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, Florida law mandates that the driver of a motor vehicle shall not follow too closely to another motor vehicle than is reasonable and prudent. If there is a crash, the police officer and judge for that matter will presume that the driver who rear ended the other driver is at fault unless there is some compelling reasons to make a different conclusion. It is important for a driver to maintain a safe distance so that the driver can bring his or her vehicle to a stop in case traffic ahead stops or slows for traffic or other road conditions.

Inattentive and careless drivers cause rear end accidents that result in serious personal injuries and related medical bills and lost wages for victims of these accidents. Driving slower at a safe distance could have avoided many of these accidents. When a person is faced with serious personal injuries and related bills, it is helpful to have the advice, counsel, and representation of a Florida personal injury lawyer to help you with these legal matters.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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Seven students from the Pine Ridge Education Center in Broward County, Florida suffered personal injuries when another driver rearended their school bus. According to reports, the school bus was stopped at a red light. How could the other driver have not seen the school bus? Many rear end accidents in Florida result from driver inattention, distraction, and excessive speed for the road and traffic conditions.

Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, a driver shall not follow behind another motor vehicle more closely than what is reasonable and prudent. What is reasonable and prudent under this statute? It all depends on the speed of the vehicles, traffic, road conditions, and other circumstances. Florida law presumes that a driver that rear ends another vehicle is negligent unless there is a viable excuse or explanation for the accident.

You can read more about the school bus accident in Broward County, Florida at Seven South Florida Students Injured in School Bus Accident.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , School Safety , Statutory References (Florida) , Traffic Citations , Traffic Citations

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In Baker County (Glen St. Mary and Macclenny) Florida there is an Animal Control Ordinance in place under County Ordinance 2002 - 06 Section 7 - Animals at Large - Owner's Responsibilities, any owner of an animal (including dogs) other than a cat has a duty to maintain control of the animal while the animal is on public property or on the private property of another person or entity. There are some exceptions including those for hunting activities.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the Baker County Animal Control Department for more information about local ordinances and the enforcement powers of the Baker County Animal Control.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of Baker County Leash Law or other Animal Control Ordinances for other Florida cities / counties, please contact me.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Florida children are at high risks for drowning and other pool related injuries when at home or visiting a friend's home. To protect children of all ages in Jacksonville and other Florida cities, the legislature enacted the Residential Swimming Pool Safety Act. Chapter 515, Florida Statutes requires that a homeowner have a barrier at least 4 feet high on the outside without any gaps that could allow a child to crawl or squeeze through. The barrier needs to be placed around the barrier of the pool. These barriers are not only for the protection of children in the house but also for the protection of visitors to the home. Even if a homeowner does not have any children or visitors who are children, the barrier is required. You can read more about the act by going to the official site forFlorida Statutes - Chapter 515.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida) , Swimming Pool & Aquatic Injuries

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Florida homeowners are not required to maintain liability insurance coverage for trampolines. It is up to each homeowner to decide whether or not to have coverage in place. Typically, a bank or mortgage company will require that a homeowner have general homeowner's insurance coverage in place to secure the mortgage. This does not necessarily mean that there will be coverage for the trampoline. Each case and policy for that matter should be evaluated by Florida Personal Injury Attorney in order to be advised of your legal rights and options.

Insurance coverage for trampoline is not even mandated when you run a business or charge a fee for use. The applicable statutory provisions are part of Chapter 546, Florida Statutes.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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Florida Day Care / Child Care facilities must be clean, free from health and safety hazards and from vermin infestation. Under Rule 65C-22.002 Physical Environment of the Florida Administrative Code, a Day Care / Child Care facility provides that no part of the Day Care / Child Care building shall be used for any activity that endangers the health or safety of the children. This means that the Day Care / Child Care facility must keep the facility clean, keep dangerous machines / equipment away or out of the access of children, keep chemicals including but not limited to cleaning supplies, flammable products, poisonous products, and toxic products away from children, keep fire arms, knives, sharp objects, and other dangerous products away from children, and keep alcohol and drugs out of the reach of children. Smoking is prohibited in inside and outside the Day Care / Child Care facility as well as the vehicles used to transport children.

The failure of a Day Care / Child Care facility to follow the Florida Administrative Code and other laws and regulations often times leads to injury or harm to the child. Typically common sense, hard work, and attention to detail can avoid injuries to children in the Day Care / Child Care setting.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Statutory References (Florida)

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The Florida Department of Children and Families (DCF) licenses and inspects Day Care / Child Care facilities. The State of Florida has a very resourceful web site that contains rules, regulations, and provider information for Day Care / Child Care facilities throughout the State. You can look up your child's Day Care / Child Care facility or research others by going to theProvider Search section of the web site.

Even facilities with good inspection reports and histories make mistakes and fail to provide for the safety, health, and well being of the children. In Florida, each Day Care / Child Care facility undertakes a duty to watch over our most precious resource (our children). If a Florida child is injured or harmed as a result of the inattention or negligence of a Child Care / Day Care employee or an unsafe condition on the premises, a parent can bring an action for compensation of medical bills (past and future), pain and suffering of the child, and damages for the parent. A Florida Child Injury Lawyer can assist with an evaluation of the liability, review of medical records, negotiations with the insurance claims adjuster, and (if necessary) litigation / trial of the case.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Statutory References (Florida)

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Florida Day Care / Child Care facilities must maintain personnel records for all child care personnel. Under Rule 65C-22.006 Record Keeping , a Day Care / Child Care facility must maintain the following records:

*Employment application;
*Positions held and dates of employment;
*Signed statement by employee acknowledging understanding of the Florida Statutes requiring the report of child abuse and neglect;
*Background screening documentation; and
*Copies of training information and credentials as required by the Florida law.

The purpose of the above documentation rules is to promote the hiring, retention, and training of qualified individuals who are employed to supervise children in a day care / child care setting. Trained and conscientious child care workers can help prevent injuries to children in the Day Care / Child Care setting.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Statutory References (Florida)

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Florida law prohibits a licensed Day Care / Child Care facility from inflicting physical punishment on children. Under Rule 65C-22.001 (8) General Information - Discipline, The Florida Administrative Code specifically prohibits "spanking or any other form of physical punishment". In addition, Florida child care personnel cannot subject a child to discipline which is severe, humiliating, frightening, or any kind of discipline associated with good, rest, and / or toileting.

If a child is injured or harmed in a Florida day care / child care facility, a Florida Child Injury Lawyer can review the facts of the case to determine if the facility failed to follow Florida law or was otherwise negligent in dealing with the child.

Unfortunately, many Florida child care personnel violate these regulations and take discipline into their own hands. The aforementioned regulations are in place for the safety of children. Spanking and other types of child abuse are just not options to be put in place by child care personnel.

Children can be seriously injured when subjected to improper disciplinary measures. These injuries include fractures, lacerations, head injuries, eye injuries, facial injuries, abdominal injuries, hyperthermia, sun burns, and dehydration.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Statutory References (Florida)

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Florida Day Care / Child Care facilities are required to comply with the Florida Administrative Code and other laws and regulations as they pertain to the transportation of children to and from the facility for any purpose including but not limited to field trips. The purpose of these regulations is to insure the safety of children while being transported by Florida Day Care / Child Care facilities. Failure to follow the regulations often times leads to
child injuries and automobile accidents.

The following regulations apply:

Drivers. Drivers must have a valid Florida Driver's License, an annual physical examination clearing the person to drive, and certification in in First Aid and CPR.

Insurance. Florida Day Care / Child Care vehicles shall comply with Florida law as it pertains to insurance requirements.

Vehicle Inspection. All vehicles regularly used to transport children must be inspected annually by a mechanic. Documentation for these inspections must be maintained as well.

Seating, Seat Belts, and Child Seats. Florida Day Care / Child Care facilities may the maximum number of children as set forth by the manufacturer of the vehicle. Furthermore, each child must be in a safety belt or federally approved safety restraint unless the vehicle is excluded from this requirement pursuant to Florida Statutes.

Driver's Log. A log must be maintained by the Florida Day Care / Child Care facility showing the child's name, age, time of department, time of arrival, and signature of the driver. This log must be maintained for 4 months.

The above safety measures and documentation were put in place to protect children in Florida Day Care / Child Care facilities. Unfortunately, many Florida Day Care / Child facilities take short cuts to the above requirements, overload buses and vans, fail to install or maintain proper safety restraints, and fail to provide the proper maintenance and inspection of their vehicles. As a result of these violations, children are injured on Florida Day Care / Child Care buses, vans, and other vehicles. Of course, the Florida Day Care / Child Care driver should follow the rules of the road, maintain control of the bus, van, or other vehicle, and keep the children's safety in mind at all times.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Statutory References (Florida)

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As parents, we can inspect the Day Care and Child Care facility to make sure that it is a clean and safe learning and child care environment for our children. Typically, a parent does not perform a background check of the employees in contact or supervision of our children. This is the responsibility of the Day Care or Child Care Facility. Pursuant to Florida Statutes Chapter 402 and Chapter 435, the Day Care and Child Care personnel need to pass a background check. The facility has a duty to submit a form designated by the Department of Children and Families in order to complete the employment background screening. If you have concerns about an employee at a Day Care and Child Care Facility, you can contact the Day Care Facility to insure that the background check has been completed and is in the file, contact the Department of Children and Families, and / or contact a Florida lawyer / attorney and / or private investigator in order to obtain independent information regarding the employee.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Sexual Offenders / Predators , Statutory References (Florida)

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Florida Child Care / Day Care facilities are governed by the Florida Administrative Code - Chapter 65C-22 and other regulations and laws. Under the Florida Administrative Code Rule 65C-22.001 (5) Direct Supervision is defined as "watching and directing children's activities within the same room or designated outdoor play area and responding to the needs of each child." Unfortunately, many Day Care / Child Care facilities fail to provide proper supervision of children under their care. As a result of the inattention, lack of adequate staffing, inexperience, and / or lack of training, children are injured every day in Florida Child Care / Day Care facilities. Injuries range from scratches, cuts, bites (yes, biting by children is common in Day Care / Child Care facilities), bruises, lacerations, fractures, eye injuries, head injuries, and burns. It is important for Child Care / Day Care facilities to comply with the Florida Administrative Code and other laws and regulations. In addition, although not stated per se in the laws, Child Care / Day Care facilities should exercise good judgment and common sense when watching and supervising children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Statutory References (Florida)

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In Florida public schools, school administrations both at the school level and the school board level should be sensitive to the diversity of the students as to race, religion, gender, and economic levels. Schools should not prostelyze or promote one religion over another. In fact, public schools are subject to the legal doctrine of separation of church and state.

"Separation of church and state is a political and legal doctrine that government and religious institutions are to be kept separate and independent from each other. The term most often refers to the combination of two principles: secularity of government and freedom of religious exercise." Wikipedia provided this general description of the concept of separation of church and state.

School Boards in the State of Florida have enacted policies and procedures for dealing with religious literature and issues within the school system. In St. Johns County, Florida, School Board Rule 9.06 provides that:

"Religious literature may be distributed in schools provided organizations have been granted permission by the Superintendent. Such literature shall only be distributed through "passive" means which means the material shall be delivered to the school by the donor organization. The literature shall be placed in an accessible area designated for such purposes, where students may take the material if they so desire."

If there is problem or issue within the school, I usually recommend that parents first discuss the matter with the principal to make sure that the parents know all of the available facts regarding the situation. If the principal is not responding or taking the appropriate action, then the matter can be addressed before the school boards.

Public schools in Florida have the responsibility to teach our children. Public schools (unlike private schools) cannot and should not support or discriminate against religions.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Day Care Centers and Child Care , Education , Statutory References (Florida)

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Florida Statute Section 316.193 Driving Under the Influence provides criminal penalties in the form of fines, license suspension and imprisonment for persons found guilty of driving under the influence. These criminal penalties for Driving Under the Influence apply to a person who is driving or who is in actual physical control of a vehicle. As such, if you are intoxicated and just sitting in the car with the keys in your hand, you could be arrested for the crime of Driving Under the Influence. As a Florida Child Injury Lawyer / Attorney, I have handled many cases involving drunk drivers who have injured children as well as adults. Drunk driving incidents cause personal injuries, fractures, head injuries, neck and back injuries, and yes deaths in the State of Florida. You can read the entire criminal statute at Section 316.193, Florida Statutes, Driving Under the Influence - Penalties. If you, a family member or friend has been the victim of a drunk driver, contact a Florida injury attorney / lawyer for advice and representation as to rights to compensation.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Statutory References (Florida) , Wrongful Death

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In St. Augustine, Florida, a 46 year old motorcyclist - Rick W. Roupp - sustained critical injuries when a vehicle driven by 20 year old Tabbatha Roux attempted a left hand turn into the right of way of the motorcyclist. The motorcyclist was not wearing a helmet. As a Jacksonville and St. Augustine, Florida Personal Injury Lawyer / Attorney, I have handled and investigated many motorcycle accidents of this nature. From a legal standpoint, the liability must be evaluated and insurance policies must be reviewed. The rights of the injured party from a personal injury standpoint should be pursued and enforced if necessary. The at fault driver may be facing a traffic citation or possibly criminal charges depending on the nature of the accident and the investigation of the Florida Highway Patrol, St. Johns County Sherriff's Office, and / or the City of St. Augustine Police Department. The article was posted at the Florida Times Union - St. Augustine Motorcyclist Critical After Accident. There were several people who posted their thoughts and opinions of this accident. Some were motorcycle riders and some were not. People definitely have strong opinions as to the safety of riding a motorcycle and whether a helmet should be worn or not. There are financial responsibility laws in Florida that require a person to wear a helmet OR have a $10,000 in medical / health insurance in place if there is an accident. See Section 316.211, Florida Statutes. As such, the motorcycle rider who was recently critically injured was not legally required to wear a helmet if he had the correct insurance in place. Whatever the facts or opinions in this case, it is a tragic accident. See also St. Augustine Motorcycle Accident Kills Rick W. Roupp.

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Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations

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The school year brings with it many challenges. One such challenge and problem frequently occurs in the form of school bus overcrowding. The National Highway Traffic Safety Administration through the Department of Transportation has standards for safe seating (both as to number of children per bench / seat and the design of the bench / seat) under the Code of Federal Regulations Section 571.222 - School Bus Passenger Seat and Crash Protection. There is a formula for calculating the number of students per bench. It depends on the size of the bench. In most school buses, three elementary school children can safety sit together on one bench while two high school students can safety sit together on one bench. School bus overcrowding is a common problem in counties through Florida. The key to addressing the problem is to make the school bus driver and administration aware of the situation. Each school district should have rules and procedures in place for school bus seating and transportation. In St. Johns County (St. Augustine Florida), School Bus Riding Rules provide in part that "the driver has the right to assign seats. Students must sit three (3) to a seat from window to aisle." Students have an obligation to follow School Bus Rules and can be reprimanded and suspended for improper behavior / conduct on a School Bus. As parents, it is important to speak to your children about the number of students on the bus, conduct on the bus, and the actions / inactions of the school bus driver. Children should be provided with a safe and clean environment on school buses.

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Posted In: Automobile Accidents , Child Safety , Education , School Safety , Statutory References (Florida)

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School is back in session for most public and private schools in the State of Florida. Motorist should pay close attention to the speed zones near schools. Otherwise, a driver could get a speeding citation for violation of Florida Statutes. More importantly, the speed zones are posted and established for the protection of Florida school children. School officials and crossing guards help control and direct traffic; however, children do not have the best of judgment especially as pedestrians and bicycle riders in heavy traffic areas. Be on the look out for children. Every year - children are injured while walking or riding their bicycles near schools and their neighborhoods. A Florida child injury lawyer can assist the family with the various legal issues that arise when an injury results from the negligence of others. Issues include medical bills, selection of medical doctors, insurance claims, investigation, disability, pain, suffering, and when necessary litigation and trial.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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Florida has a specific statute in place that deals with liability for injuries to trespassers. The liability of the land owner or the property owner would depend on the injured person's status as well as the conduct of the land owner or property owner. The statute does not absolutely bar liability for injuries to a trespasser but definitely puts protections in p;lace for the land owner and the property owner. You can read the statute at Section 768.075 Florida Statutes - Immunity from liability for injury to trespassers on real property

Due to the confusing nature of the statute and other applicable laws, it helpful to have the advice, counsel, and representation of a Florida child injury lawyer in premises liability matters. As basic advice for property owners, it makes sense for property owners to have signs posted, fences in place, and dangerous conditions removed from the property. As basic advice for parents and guardians, it makes sense to keep children away from unknown areas, to advise children to stay away from areas that are unsafe, to advise children to stay away from areas that they do not belong or are not invited, and to otherwise keep children safe.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Negligent Security , Playground & Recreation Injuries , Statutory References (Florida)

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In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

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Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents , Wrongful Death

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The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Statutory References (Florida) , Swimming Pool & Aquatic Injuries , Violent Crimes

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A 10-year-old East Palatka boy was seriously injured hospitalized at Shands Gainesville Florida following a shooting involving a 14 year old family friend. THe home which is located on County Road 207 A in East Palatka is the site of the investigation of this tragedy. This Florida child's gun shot injury was caused the the mishandling of a 9 mm pistol.

In Florida child shooting incidents, there are usually a variety of Florida civil and criminal laws that may apply. As such, it is helpful to have a Florida criminal lawyer and / or a Florida child injury lawyer in place to discuss the respective rights and responsibilities.

In Florida, a person can be prosecuted for exposing another person to person injury by "storing or leaving a loaded firearm within the reach or easy access of a minor (child under the age of 16), if the minor obtains the firearm and uses it to inflict injury or death upon himself or any other person." See 784.05, Florida Statutes Regarding Liability for Injuries to a Child Resulting from a Gun Shooting. This section does not apply to the following situations:

1. The firearm was stored or left in a securely locked box or container or in a location which was reasonably believed to be secure or was locked with a trigger lock;

2. If the minor obtains the firearm as a result of an unlawful entry by any person;

3. Target or sport shooting accidents or hunting accidents; or

4. To members of the Armed Forces or police or other law enforcement with respect to firearm possession by a minor which occurs during or incidental to the performance of their duties.

Under this Florida statute, there is also a 7 day waiting period for the arrest of a family member who accidentally shoots a minor child.

There is a good web site that provides valuable resources and tips regarding Common Sense About Kids and Guns.

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Posted In: Attractive Nuisances , Child Safety , Gun & Firearm Safety and Injuries , Statutory References (Florida)

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When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Crimes Against Children , Funerals , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Statutory References (Florida) , Train Accident & Injuries , Trucking Accidents , Wrongful Death

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Florida has developed various laws that apply to both the civil and criminal aspects of an automobile accident. In order to encourage all drivers and passengers to an accident to communicate with a police officer, Florida put in place the doctrine of the Accident Report Privilege. Under this doctrine, the statements made to a police officer are generally inadmissible for use in a civil or criminal trial.

There is one major exception to this general rule. If a police officer suspects that a driver was driving under the influence (DUI) or committed another crime related to the accident, the police officer may then proceed forward with a criminal investigation. Statements made during a criminal investigation may be held against a Defendant if the police officer complied with the Miranda Warnings by reading the suspect his or her rights. You can read more about the statutes pertaining to accident reports at the Florida Statutes Web site at Duty to Give Information and Render Aid - Florida Statute Section 316.062.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations

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In Florida, a person is civilly liable for damages caused his or her dog.

In addition to civil damages, the dog owner may be prosecuted criminally for a dog bite as well. If the dog previously was declared dangerous and the dog attacks again without provocation, Florida Statutes provide that the dog owner is guilty of a misdemeanor of the first degree. Dogs should be properly fenced or leashed to prevent dog bites. You can read more about the Florida Statutes involving this crime at Section 767.13 at the Official Florida Statute / Florida Leglislature Web Site.

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Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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New legislation has been proposed by Florida's Attorney General that would provide for a minimum of $150,000 in civil damages against individuals who download and distribute images of child's sexual abuse.

The Exploited Children’s Rights Act will make Florida the first state to allow victims of Florida-based child pornography to seek civil remedies against those who download images of that child’s sexual abuse. The legislation will also allow the Attorney General’s Office to pursue these cases on behalf of the victims at their request. You can read more about the bill and the reasons for its proposal at the Florida Attorney General Website.

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Posted In: Abuse & Neglect , Crimes Against Children , Internet, E-Mail, Text Messaging , Sexual Offenders / Predators , Statutory References (Florida)

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What is a dangerous dog under Florida law? Florida actually has a statutory definition of dangerous dog pursuant to Section 767.11, Florida Statutes:

(1) "Dangerous dog" means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner's property;

(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

You can read the entire statute at the Official Website for Florida Statutes.

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Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Florida law has determined that children under the age of six are presumed to be incapable of comparative negligence. This concept that was developed under Florida case and it makes complete sense. Florida is a comparative negligence state. In other words, a jury may apportion fault between different parties and even non parties at trial. As such, a jury could split the liability and damages between different persons and entities. There is one exception to this general rule in Florida. Pursuant to Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970) and related case law, a child under the age of six years old is conclusively presumed to be incapable of committing such negligence. As such, the actions or inactions of a five year old cannot as a matter of law be considered to be negligence for purposes of liability. However, if a child is six or older, a jury can consider the actions or inactions of the six year old in determining liability for injuries to the child. Whether your child is under or over six years old, businesses, drivers, and others have a duty to act reasonably when children are present.

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Posted In: Child Safety , Statutory References (Florida)

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Jacksonville Florida roads are filled with commercial vehicles. Unfortunately, many commercial vehicles are mammoth sized when compared to a compact car or a motorcycle. It is like a David versus Goliath type of auto accident / trucking accident. A person who operates a commercial vehicle must have a Commercial Driver's License to legally operate the commercial vehicle in the State of Florida. You can read more about Commercial Driver's Licenses and other related laws at the Florida Statute Web Site. The section that applies to Commercial Driver's Licenses is located at Section 322.53, Florida Statutes.

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Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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Florida children under the age of 16 are required by Florida Statutes to wear a helmet while riding a bicycle. A helmet can save a life and prevent serious bodily injury to Jacksonville Florida children in bicycle accidents.
This includes children in trailers or semi-trailers attached to a bicycle.

Section 316.2065 (d) provides as follows:

d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term "passenger" includes a child who is riding in a trailer or semitrailer attached to a bicycle.

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Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Statutory References (Florida)

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Dog bite injuries to children in Florida are problematic.

Children are often the innocent victim of a dog that is not leashed, properly restrained, or trained to be around children and others. Pit bull dog bite injuries to Florida children can be especially troublesome and can result in severe injuries including scarring. Legislators in South Florida have proposed a Florida legislative bill that would allow counties like Duval County and St. Johns County to bank Pit Bulls and other breeds. In the alternative, under this bill, a county could prohibit owners from bringing certain breeds in public. For the past 18 years, there has been a state wide prohibition on "breed specific" local regulations on dogs. There is opposition to the bill from dog owners who believe that a few bad owners and incidents are to blame for the attacks rather than the breed. You can read more about this issue at Bill Would Let Florida Cities and Counties Ban Pit Bulls and Other Breeds.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Animal House was a great movie. It showed a bunch of college kids and adults for that matter getting drunk and wreaking havoc. In Florida, the homeowner and others may be held liable civilly and may be criminally prosecuted for injuries and events resulting from the service of alcohol to a minor.

Section 865.015 (2) Florida Statute states as follows:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

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Posted In: Alcohol & Drug Issues , Statutory References (Florida)

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Florida law criminalizes the selling, giving, or serving of alcohol to children / minors. Violating this law can land you in jail. Worse than that, violating this statute can cause the death of a Florida child and others affected by the effects of underage drinking.

Florida Statute Section, 562.11, provides the following"

Section 562.11, Florida Statutes Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.--

(1)(a)1. It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

The rest of the statute can be read at the Official Florida Statute Website.

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Posted In: Statutory References (Florida) , Wrongful Death

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Florida counties have ordinances regarding dogs and domestic animals. There is a leash law in effect for St. Johns County Florida and other counties in Florida. You can read more about the leash law at the St. Johns County Florida Website. I live in a neighborhood where some dogs run free or have an invisible fence in place for the dog. A few neighbors have been cited by the Homeowner's Association for the failure to have a dog on a leash.

The leash laws are in place for several purposes including the reduction of stray dogs, spread of disease, and ti reduce / prevent Florida dog bites.

It makes sense that a dog leash dog would reduce the incidents of dog bites. However, you should be aware that Florida's Dog Bite Statute does not give a dog owner a defense if the dog bite took place while the dog was on a leash.

Keep your dog on a leash or in a fenced yard. This is good advice whether there is a dog leash law in your county.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Victims and other persons can qualify for compensation under Florida Crimes Compensation Act. Pursuant to Section 960.065, Eligibility for Awards as follows:

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:

(a) A victim.

(b) An intervenor.

(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.

(d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor.

(2) Any claim filed by or on behalf of a person who:

(a) Committed or aided in the commission of the crime upon which the claim for compensation was based;

(b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based;

(c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based;

(d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or

(e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08,

shall not be eligible for an award.

(3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57.

(4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender.

History.--s. 1, ch. 77-452; s. 1, ch. 79-297; s. 4, ch. 80-146; s. 2, ch. 85-326; s. 10, ch.

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Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Statutory References (Florida) , Violent Crimes , Wrongful Death

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You will often read stories about Florida sexual offenders and predators being arrested or charged with lewd or lascivious conduct on a child. In many instances, the child is physically and / or mentally injured as a result of this conduct.

Section 800.04 (6) defines lewd or lascivious conduct as follows:

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act.

You can read the full text of this Florida Statute at the official Florida Statutes Web site at Section 800.04, Florida Statutes -Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.--

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Posted In: Crimes Against Children , Sexual Offenders / Predators , Statutory References (Florida)

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Here is the full text of Florida's Dog Bite Statute:

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.

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Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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I was driving home the other day in St. Johns County, Julington Creek, Florida when I was almost rear ended by a SUV behind me. I stopped my vehicle for a school bus. I was on a busy road with no median. Other vehicles failed to stop and basically violated Florida law.

These bad drivers were spared because there were no police officers in the area.
Section 316.172, Florida Statutes states that vehicles shall stop when driving near a school bus. If there is a median separating the roadway, vehicles on the other side of the road are not required to stop unless of course there are children crossing the road at the time. You can read the entire statute at Section 316.172, Florida Statutes.

Be on the look out for school buses and children. Encourage others to watch out for school buses and children as well.

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Posted In: Automobile Accidents , Education , School Safety , Statutory References (Florida)

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Pit Bulls are powerful and sometimes vicious dogs. A Jacksonville woman was walking her small dog when she passed a home with two Pit Bulls. The Pit Bulls escaped the fence and began attacking the woman and her dogs. The victim did not have life threatening injuries but did have dog bites to her leg and her dog. The Florida Times Union reported this story at- >Pit Bull Attacks Jacksonville Florida Woman Walking Her Dogs.

This story shows the importance of securing all dogs within a fence for the safety of others including adults, children, and other pets.

Florida's Dog Bite Statute covers any dog that bites a person. Whether a person is bite by a Pit Bull or a Poodle, liability is still the same under the statute.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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