Climate Change In Palm Beach: What Does The Law Say?

Recently, the Extinction Rebellion — a massive group of environmentalists protesting inaction against climate change by the leaders of governments around the world — held a series of global protests to attract attention to their cause. The protestors weren’t afraid to break the law, either. In fact, part of the point was to enact non-violent acts of civil disobedience because annoying people now is better than watching people suffer and die later.

To many Floridians, this wave of protests has passed unseen and unheard. The effects of climate change continue to be ignored. At the very least, Miami Beach Mayor Dan Gelber planned a speech for one September event. 

Gabriella Marchesani watched the news around the country and saw that many NYC students were excused from school so they could attend the events and take part in the action. She said, “Missing one day, not even a full day of school, to do something that could possibly change the way our lawmakers, politicians, how our government works, they should encourage that. They should encourage students to take action.”

She continued, “For people who say we’re just a bunch of kids, we’re a bunch of youth who believe in science and we want action.”

Even though some Floridians continue to ignore the climate crisis, it hasn’t been ignoring them: High tides in Palm Beach recently flooded land near the popular Flagler Museum, a scary phenomenon set to become extremely common in the wake of climate change. 

Many people don’t understand that the warming temperatures will affect how ocean water circulates around the globe, or what will happen if the water becomes too acidic for some fish to thrive in. For them, these issues are potential problems in the future, not in the here and now. But the problems are here and it’s time to face them. We can see it in the increasing strength of our hurricane season.

Unfortunately the laws on climate change in Florida will likely not be changing anytime soon. Not for the better, anyway. Florida recently elected a new Republican governor, Ron Desantis. His immediate enacting of new directives in the wake of climate change showed some promise: he appointed a new chief science officer to continue research. He opposed fracking. He opposed offshore drilling for coal and oil, and industry that has wreaked havoc on marine wildlife in recent years.

But all that action might be moot if nothing is done to reduce greenhouse gases. More regulation is needed before anything will change.

Should Florida Reform Tort Law To Limit Personal Injury Damages Won In Court?

Many advocates for tort law reform are arguing that personal injury damages that should be proportional to medical costs usually have little to do with those costs, especially because of insurance awards and reduced rates under Medicare or Medicaid. That’s why they want a new bill passed that would set strict limits to personal injury awards won in court.

Ryan Banfill, who works as a spokesman for the Florida Justice Association, said, “Florida’s courts are fully capable of dealing with these issues and do so successfully every day.”

House Bill 17 reads that “medical damages in certain tort actions [need] to be accurately calculated, based on actual amounts.”

The reason why damages aren’t always proportional to medical costs is simple: there are a variety of other difficult-to-calculate variables involved in making a judgment and judges are given a lot of wiggle room in the verdicts they reach for that reason. For example, those injured in an accident can sue a negligent party not only for medical costs, but also for lost wages or reducing earning potential, and more importantly for emotional and psychological pain. If medical treatment is ongoing, future costs are considered as well.

Advocates of HB17 also say that “Florida has the highest tort system costs among U.S. states as a percentage of state gross domestic product, at 3.6 percent.”

That might be why tort reformers also want to reduce and cap damages for pain and suffering in medical malpractice lawsuits.

But new laws would do more than just limit how much money plaintiffs could win from negligent parties — because of contingency policies, they could also limit the growth of law firms trying to build their reputations or client lists.

And because personal injury attorneys usually work on contingency — meaning they don’t get paid unless you win your case — the new legislation would drastically cut their earning potential. An unintended consequence (or maybe a completely intentional consequence) might push lawyers to be more creative in how they bill for services, including no longer working on contingency. 

If attorneys start requiring clients to pay for services up front, that means poor clients (or even some middle class clients) might be less likely to file a lawsuit at all, preferring to simply swallow the already life-changing costs of a bad accident rather than take the chance that they might have to pay those same costs in addition to a lawyer’s fees when they lose their case.

And that might be the point: the legislation could reduce the total number of lawsuits by making it harder for people of lower means to file them in the first place.

Can I Put A Camera In My Loved One’s Room In A Nursing Home Facility?

Elder care abuse and nursing home abuse are the terms we use to describe what happens when a loved one who lives in a senior care facility falls prey to someone trying to take advantage of their physical or mental state — they might take advantage physically, psychologically, or even financially. Often the people who are guilty of this terrible crime are the people who are supposed to be most trusted: the caretakers. 

How do we prevent this from occurring?

A topic of conversation that seems to be getting more popular is the idea of surveying individual rooms in care facilities where foul play is suspected, or to deter it altogether. Placing cameras in nursing homes is legally allowed in Illinois, Louisiana, New Mexico, Oklahoma, Texas, and Washington. These laws are written for the families; in Utah, facilities themselves are allowed to install cameras.

A Minnesota case shed more light on the epidemic of elder abuse cases in the United States. When one 75-year-old’s daughter became concerned that her mother was not receiving the appropriate standard of care, she took it upon herself to install an expensive camera in her mother’s room — even though there were no laws to provide her with legal backing for this action.

When the nursing home’s staff started to manually point the camera away from her mother’s bed, the woman grew increasingly concerned. She bolted the camera to a piece of heavy furniture in her mother’s room, and then complained to the Minnesota Department of Health, which proceeded to rule in her favor: the nursing home was no longer legally allowed to tamper with the camera that had been placed there for a person’s protection. 

The new laws have led others to wonder if legally allowed camera surveillance of nursing home residents and caretakers might go too far, though.

After all, there are obvious privacy concerns that aren’t always properly addressed by fresh legislation. Many of those who are being surveilled have dementia — about half of nursing home residents suffer from the disease — and are unable to provide consent. While it might seem like a simple issue of requesting consent from a resident’s power of attorney instead, things are rarely so easy.

Many nursing homes assign residents two to a room in order to conserve resources. A camera placed in one of these rooms might be legal in the aforementioned states, but is it ethically right? The camera won’t just capture potentially intimate and personal footage of the intended resident — it’ll capture footage of that resident’s unsuspecting roommate, who may not have given any form of consent whatsoever. 

It’s easy to see how quickly this might become an even trickier legal situation. One thing’s for sure: the conversation isn’t over yet.

Can I Sue For Medical Malpractice For My Breast Cancer In Florida?

Moving to Florida after retirement is the dream of a lot of people who live and work in the United States, and many people follow through on that dream. Because we have so many retired folk who reside in our great state, though, it’s not a big surprise that we have higher rates of age-related diseases and illnesses, cancer chief among them. Of course the rates of medical malpractice are proportionally higher as well — and you should be ready to spot the signs, because chances are you or someone you know will find themselves in just such a situation.

Breast cancer is extremely common among older women, and it’s also a hereditary disease. That means if your mother or grandmother had breast cancer, you’re a lot more likely to come down with it yourself. That means first and foremost you should be checking yourself as often as possible. If you find any abnormalities or unexplained lumps in your breasts, it’s time for a trip to the doctor’s office.

If your healthcare provider follows through the right way, then your concerns will never be understated. Your doctor might order more tests and diagnose you with a disease or illness unrelated to breast cancer, but he or she will never dismiss your symptoms. If that happens, then this is a sign the doctor isn’t committed to your health. Find a second opinion.

If your doctor finds evidence of breast cancer, he or she will ask for a family history. If you know there were other victims of breast cancer in your family, then discuss the details with your doctor in depth. These details will determine the array of tests you will undergo later, so they are extremely important. If your doctor fails to obtain the needed details or orders the wrong tests, you may become a victim of medical malpractice.

Once tests have been ordered, the number of people involved in your medical case will grow — and that means the opportunity for communication issues to arise will also grow. Your doctor must transfer information to a lot of people, and this can also result in mistakes.

A mistake in reading medical tests might result in misdiagnosis. If you have breast cancer but were first diagnosed with a different illness or disease, you may have a good case. If you were diagnosed with either breast cancer or another illness or disease but prescribed the wrong medication (or in the incorrect dose), then you may have a case because of unnecessary side effects.

Scot Peterson Charged For Inaction During Parkland Shooting

A recent lawsuit against deputy Scot Peterson by survivors and families of the Parkland High School shooting in February 2018 failed to deliver. Peterson’s attorney argued that he did not bear a legal responsibility to protect the children whom it was his job to protect. 17 people died in the Parkland shooting, and another 17 were injured. U.S. District Judge Beth Bloom dismissed the lawsuit, ruling that the students’ 14th amendment rights were not trampled by Peterson’s inaction and agreeing with Peterson’s attorney.

Where civil litigation may have failed, the criminal justice system might succeed.

Peterson was arrested nearly a week ago, and charged with 11 separate criminal counts, including child neglect, perjury, and culpable negligence, because of his inability to fulfill his sworn duty during the shooting.

Video footage shows Peterson rushing toward the school building with a couple of other staff members when the shooting began. Peterson drew his sidearm. And then he stood there, unwilling or unable to go any farther.

The 11 charges against Peterson are the result of a drawn-out, exhaustive investigation conducted by the Florida Department of Law Enforcement (FDLE). 184 witnesses were interviewed. Dozens of hours of video surveillance were analyzed. 212 investigative reports were compiled.

According to FDLE Commissioner Rick Swearingen, “There can be no excuse for his complete inaction and no question that his inaction cost lives.”

Families of the victims believe that this is as close to the justice they deserve as anyone is going to get. “We are happy to see some accountability for this tragedy,” said Tony Montalto, whose daughter was killed on that terrible day.

Senator Rick Scott said, “Now it’s time for justice to be served.”

Peterson’s lawyer did not respond to requests for comment from investigative journalists who understandably bombarded him and Peterson with questions following the long-sought arrest.

Peterson was suspended following the Parkland shooting, but he opted to retire instead. Now it seems as if he may spend a large part of that retirement behind bars if convicted on the charges. It remains in the realm of possibility that Peterson will be cleared on all counts, because a jury will have to decide whether or not his inaction showed a complete disregard for the safety of the students he was charged to protect if the case moves forward to trial.

It’s important to recognize that Peterson’s attorney will likely argue once again that he had no legal obligation to protect the students, the same argument that resulted in the dismissal of civil litigation, the standard of proof for which is significantly lower. There is a strong possibility Peterson will remain a free man after all is said and done.

Two other members of the Broward Police Department were also fired following the shooting, but neither face criminal charges.

New Florida Bill To Protect The Rights of Animals

Republican Senator Joe Gruters sponsored a new animal welfare bill (Bill 1738) which prohibits residents from restraining their dogs outside or leave them unattended during a man-made or natural disaster including but not limited to hurricanes, tropical storms, tornados or after a warning has been issued by the National Weather Service or if there is an official evacuation order issued from the government. This bill is introduced as Hurricane Season rapidly approaches. A manmade is defined in the bill as “notice from a local or government authority that an event attributed in part or entirely to human intent, error, or negligence, or involving the failure of a manmade system.”

The Bill States that anyone who fails to evacuate with their dog and leaves them outside or restrained (whether by rope, leash, or cable) inside will be committing animal cruelty which a first-degree misdemeanor in Florida. Penalties for violating this bill consist of a year of jail time, a $5,000 fine or both.

The goal of the Bill is to put more responsibility on pet owners to care for their pet so emergency resources do not need to be used on abandoned animals after many animal rescuers had to scramble to save abandoned pets before Hurricane Irma in 2017. According to the Beach County, Animal Care & Control – 49 dogs and two cats were rescued before Hurricane Irma. Some were not so lucky. In March of 2018, police officers from the Hernando County Sheriff’s Office found the bodies of three dead dogs inside a home that was abandoned during Hurricane Irma. The bill also authorizes veterinarians to report any suspected violations anonymously.

The Bill was introduced on March 20th and passed in the Agriculture Committee with a 5-0 vote. It has been referred to the Criminal Justice Committee. If the bill is passed, it will take effect on July 1st, 2019.

The bill does not include other pets such as fish, turtles, birds or cats.

What Does The Separation Of Church And State Actually Mean?

When you ask someone about the separation of church and state, you’ll get an answer. Ask someone else, and you’ll receive a different answer. Someone else, and another different answer. Rinse and repeat. Does anyone really know what the separation of church and state is? What does it mean? Who coined the phrase? Not the United States Constitution. Not the Bill of Right. And not the Supreme Court. The separation of church and state is technically mentioned by none of these.

It was Thomas Jefferson who first used the phrase. It’s so meaningful today because Jefferson was a proponent of religious freedoms–whether you were Christian or not.

A lot of religious folk see the separation of church and state as a way to keep government out of their church’s affairs, and not the other way around. A lot of non-religious folk see the separation of church and state as something that should prevent the government from making commentary on any and all affairs involving religion (like preventing Trump from calling Muslims rapists or suggesting that they all want to kill Americans).

Who’s right? Again, it depends on who you ask. It’s best to give everyone a little bit of credit for their opinions, because the divisiveness is actually what keeps the wall in place.

The First Amendment opens with a concise line, which is almost impossible to interpret wrongly because of how straight-forward it is: “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” It’s about law, and nothing else. So Trump can say what he wants. Unfortunately the freedom of religion has been used as a means to unjustly discriminate against any number of people. Claim that something is contrary to your religion, and you can get away with a lot of things you wouldn’t otherwise–especially if you’re Christian.

The First Amendment was never intended to provide those the religious zealots among us with any special rights. It also wasn’t meant to take away anyone else’s freedoms. In 1947, this amendment’s meaning was transferred from the Federal government to all state governments as well. This ruling effectively prevented religious organizations from any privileges they once enjoyed.

If you think the First Amendment has been used to attack you or someone you love (whether through freedom of religion or freedom of speech), then it may be the time to take a strong legal defense. Speak with a lawyer about the options available.

New 2018 Laws In Florida

It’s that time of year again! Everyone can take a look at all the new laws that have either gone into effect or are scheduled to go into effect by the end of the year. Are they sensible? Are they dumb? Are they controversial? Could they possibly serve the greater good? Or is it time to elect new legislators to better serve Floridian interests? Here are a few of the newest 2018 Florida laws.

  1. A new bill will limit opioid prescriptions to a measly three days. We’re sorry if it hurts, but the opioid crisis is more important–or so the lawmakers seem to be suggesting. Synthetic versions of fentanyl are a whopping 5,000 times more dangerous (and lethal) than the heroin that drug dealers used to know and love. Hopefully the new law will reduce the number of fatalities after drug misuse.
  2. Most states have an age of consent that ranges from 16 to 18 (with the majority still at 16), but there is a legal loophole in some states that allows adults to have sex with a minor–and it’s called marriage. Florida legislators have finally ended the practice of marrying children under the age of 17, and that means no more legalized statutory rape.
  3. The new state budget will increase spending on education in schools by $485 million. In addition, Medicaid and subsidized health insurance for children will also get a big boost in spending. Woo hoo!
  4. Florida wants to live up to its reputation by keeping daylight saving time active all year. Unfortunately, that means they need Congressional approval, because federal law prohibits a state from making the change by itself. If approved, then Florida would be in its own time zone for half the year. Enjoy your vacation!
  5. First responders suffering from PTSD now have additional options for coverage. Before the new law, responders had to prove they were suffering from a physical injury associated with the emotional or psychological trauma. Now, they only need to be suffering from PTSD specifically.
  6. Other approved laws will let people use credit cards for background checks when purchasing firearms and slam criminals who commit third-degree felonies at airports with bigger penalties for their crimes. These were just a few of the most relevant laws, but there were 105 passed and put into effect this year.

Controversial Florida Bills Not Yet Struck Down

No matter where you live, chances are there are a number of controversial–probably incredible–laws on the books or even in motion to be put into law. Florida is one such state that seems to be getting a lot of attention lately, so we’re going to explore a few of the most controversial bills and laws that haven’t been overturned or struck down.

SB 1718 would pretty much ban abortion. Those who perform an abortion would be charged with a felony. The bill is unlikely to pass through all House and Senate committees, but the implications are terrifying. Even if it did pass, the impending legal battles would inevitably render it impossible to enforce. Other similar bills that could pass would defund Planned Parenthood through Medicaid.

SB 1712 is right on par with President Trump’s anti-immigration policies, especially when considering those of Middle Eastern descent. The bill would allow Governor Rick Scott to use the state’s military might to keep Syrian refugees out.

A couple of other bills promoted by the NRA would allow an open-carry policy on college campuses. They probably won’t go anywhere.

SB 110 is called the “Pastor Protection Act” and would ensure that religious organizations can’t be forced to marry people they don’t want to (even though they already have that protection). Even some religious leaders oppose the bill for its silliness.

SB 1220 would drastically reduce the ability for Florida to provide access to public records, a transparent system that Floridians take pride in.

There are a number of other laws on the books by accident. One actually bans computers and smartphones in internet cafes. Another law guarantees that pregnant pigs cannot be caged. One prohibits unnatural acts between consenting adults. It’s a misdemeanor, but the text of the law doesn’t help explain which acts constitute “unnatural” behavior.

Lewd acts are also illegal–unless you’re married. Oral sex is illegal. You can’t sell your children (duh). You can be hanged if you steal a horse. You can be arrested for skateboarding without a license. The only legal sexual position is missionary. Those are just a few of the most absurd laws. There are too many to count.

Florida Public Schools Mandated To Feature ‘In God We Trust’

Passed into state law last March, bill HB839, and now in applications with the beginning of the school year upon us, public schools in Florida are legally required to display the verbiage “In God We Trust”, the state’s motto somewhere on site. The state government even going so far as emailing signage to school districts to ensure that the saying is prominently displayed.

And as predicted, this has stirred quite the controversy. The Freedom From Religion Foundation claims that this is unconstitutional. They elaborate, “these godly postings exclude and alienate the one in five students in our public schools who do not believe in god. And they’re meant to. These laws are not about patriotism, they’re about turning believers into insiders, and nonbelievers into outsiders. There’s nothing patriotic in undermining our nation’s secular Constitution.

The sponsor of the bill turned law, Representative Kim Daniels – Democrat, realizes that the country needs serious gun reform in the wake of the Stone Douglas school shooting but said “The thing that needs to be addressed are issues of the heart. God is not republican nor democratic. He is not black or white. He is the light and our schools need light in them like never before.”

While I believe that the Freedom From Religion Foundation may be taking things too far, I do find the entire thing slightly ridiculous. As long as there is no pandering religion in the classroom, what does it matter if there’s a sign hanging outside that mentions “God”. As a jew, I see crosses hanging everywhere and I don’t feel the need to convert.