Articles Tagged with Florida Statutes

Boat Silhouette.001Florida is well known for its waterways, oceans, lakes, canals, rivers, coasts, and other aquatic areas. With a flurry of boating activity year round and more so over the summer, Florida is also the location or site for boating accidents causing personal injuries to children, teens, adults, and seniors. Florida has laws in place that cover the use and operation of a boat or vessel. Just because a boat owner / operator is out on the water, there is no freedom per se to act negligently, carelessly, or recklessly just because you are off the land and seem to be away from civilization.   Section 327.33, Florida Statutes provides as follows:
It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aqua plane, or similar decide, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injury any person.
Florida law under Section 327.33, Florida Statutes further provides that:

Scales of Justice - Yellow and BlueIn Florida, cases handled on behalf of minor children for personal injuries are subject to certain laws, rules, and regulations. The overall purpose of these laws is to protect the financial interests of child. It is important that the attorney / lawyer handling a child injury case be experienced and knowledgeable about the Florida law and to make sure that all laws, procedures, and practices are followed in order to act in the best interest of the minor child.   When handling a case on behalf of a minor child, there should be a high level of advocacy and protection kept in mind at all times to enforce and protect the legal rights of the injured child.
If a tentative settlement is reached on behalf of a minor child, court approval will be required if the settlement exceeds $15,000.  This is the law in Florida pursuant to Section 744.301, Florida Statutes and Section 744.3025, Florida Statutes.  If the child will receive a net settlement in excess of $15,000 – then the court will require a guardianship of the property in order to safeguard  and secure the funds.   The funds for this guardianship will then need to be held in a restricted depository.  No funds can be withdraw from this account without court order.  It should be noted that the settlement funds belong to the child and not the parent.  Settlement funds are not in place to pay rent, car payments, grocery bills, . . . .  
These are ordinary expenses that a parent has a duty to pay.   The funds are for extraordinary expenses like unexpected medical bills, tutoring, etc. . . Even for these extraordinary expenses, a court order will be required to access any funds from the guardianship restricted account.   Ideally, the funds are not spent or used during the child’s minority and at the age of 18 – the child will have some funds to purchase a vehicle, pay for college, or otherwise use the funds as he or she deems fit.  Again, the settlement funds belong to the child and not the parent. 

Pick Up Truck SafetyFlorida is a big state when it comes to the ownership and operation of pick up trucks.  According to a study conducted in 2011, Florida ranked third behind California and Texas for the most pick up trucks in a state.  It is common to see a pick up truck in virtually evey neighborhood and community especially in rural areas.  Jacksonville and the surrounding areas have a particulary large number of pick up trucks as do other parts of the State.  While a pick up truck can be quite useful, the pick up truck can also be quite dangerous especially when children ride in the back of a pick up truck. Due to the dangers of passengers occupying the back or bed of a pick up truck, the Florida Legislature adopted Section 316.2014 – Florida Statues which provides the following:

316.2015 Unlawful for person to ride on exterior of vehicle.

(1) It is unlawful for any operator of a passenger vehicle to permit any person to ride on the bumper, radiator, fender, hood, top, trunk, or running board of such vehicle when operated upon any street or highway which is maintained by the state, county, or municipality. Any person who violates this subsection shall be cited for a moving violation, punishable as provided in chapter 318.
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