With 2024 updates to service and emotional support animal (ESA) laws, Florida residents need to understand both federal and state-specific guidelines for housing, travel, and public spaces. These regulations are particularly important in Florida, where new measures address the rights and responsibilities of service and support animal owners, as well as penalties for misrepresentation.

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1. Basics of Animal Accommodation Laws in Florida

Federal and state laws generally aim to support individuals with disabilities who need assistance or support animals to access housing, work, and travel. Florida’s regulations work in tandem with federal rules to establish clearer definitions and accommodate protections, with particular emphasis on preventing fraudulent claims.

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2. Distinctions Among Service, Emotional Support, and Therapy Animals

Florida law aligns with federal ADA definitions and FHA guidelines, but with a few state-specific notes:

• Service Animals: Under both federal ADA (Americans with Disabilities Act) and Florida law, these are dogs (or, in some cases, miniature horses) trained to perform tasks for individuals with disabilities. They are permitted in all public spaces.
• Emotional Support Animals (ESAs): ESAs primarily provide emotional comfort rather than performing specific tasks. The Fair Housing Act (FHA) protects ESAs in housing, and in Florida, landlords must allow ESAs if a person provides valid medical documentation.
• Therapy Animals: Florida does not grant specific protections for therapy animals, as they do not perform specific tasks related to a disability. However, therapy animals often play roles in clinical settings and are subject to property owner discretion.

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3. Protections for Individuals with Disabilities Under Federal and Florida Laws

Florida residents with disabilities benefit from federal protections under the ADA, FHA, and Air Carrier Access Act (ACAA), but also face some distinctions:

• Housing: In Florida, the FHA applies, allowing ESAs with proper documentation. State law enforces landlords’ rights to verify documentation from a legitimate healthcare provider and clarifies that online ESA certifications alone are not valid.
• Public Spaces: Only ADA-recognized service animals are allowed unrestricted access to public areas. Florida law enforces this by imposing sanctions for misrepresenting pets as service animals.
• Travel: Most airlines now allow only ADA-compliant service animals in the cabin. ESAs may be accommodated in some cases, but recent updates restrict this significantly, with most airlines treating ESAs as regular pets.

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4. Combating Fraudulent Claims in Florida

Florida has seen an increase in fraud cases related to ESA and service animal requests. To address this, Florida law may impose fines, community service, etc. for those misrepresenting their pets as service animals. Property owners and landlords can legally ask for valid documentation and have the right to deny ESAs if documentation is deemed insufficient or fraudulent. However, one should consult with an attorney experienced in the area to ensure compliance with the law.

These penalties are designed to underscore the seriousness of service animal fraud and aim to deter individuals from undermining the legitimacy of true service animals. The law helps ensure that service animals remain accessible to those with genuine needs, preserving the integrity and trust essential to service animal accommodations.

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Navigating animal accommodation laws in Florida requires staying updated on federal regulations as well as Florida-specific rules and penalties, ensuring legitimate support while curbing misuse of service and support animal protections.

The foregoing is a brief and very general overview of the topic and the need for specific and experienced legal advice is emphasized.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

If a Florida resident has been injured in a slip and fall accident on someone else’s property, it is crucial to seek prompt legal guidance to understand their rights and options for compensation. A seasoned premises liability and personal injury lawyer can be an invaluable asset to assist injured parties.

In Florida, slip and fall accidents will generally fall under premises liability claims that require a property owner or occupier (i.e., business, commercial location, or otherwise private property) to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a condition on the site or premises.

Because a person slipped and fell on someone else’s property does not automatically entitle the injured party to compensation from the property owner. Instead, an injured party must prove that the property owner’s negligence was the cause of a slip/trip and fall accident to be entitled to recover compensation from the subject property owner. Frequently, fall down cases are attributed to poor conditions on the property, and if it can be proven that the owner of the property was aware or should have known that these conditions existed, and did nothing about it, then the injured may be able to recover damages for their losses, such as medical expenses, lost wages, and more.

Among the provisions in the 2023 law signed by Gov. Ron DeSantis on March 24, 2023: a shortened statute of limitations or deadline was established in personal injury cases, from four (4) to file with the Florida Courts down to two (2) years as well as a less favorable comparative fault standard from a pure comparative (i.e., any amount of fault) standard to one that includes a 51% bar, i.e., the other party must be more at fault than the victim.

Common Causes of Slip and Fall Accidents

1. Spilled Liquids: Property owners have a duty to promptly clean up spills and adequately mark areas where liquids are present to prevent accidents.
2. Inclement Weather Hazards: Failure to address hazards caused by weather conditions like ice, rain, hail, or fallen leaves can lead to slip and fall accidents. Property owners should take reasonable precautions to maintain safe conditions during inclement weather.
3. Tripping Hazards: Unsafe property conditions such as damaged floors, stairs, sidewalks, or poor lighting can create tripping hazards. Property owners are responsible for maintaining their premises in a safe condition to prevent accidents.

The legal team at CASERTA & SPIRITI is dedicated to helping victims of others’ negligence pursue the compensation they deserve for their injuries.

Personal Injury attorneys offer free, no-obligation consultations to discuss the injured party’s case and provide personalized legal advice. One should not hesitate to reach out for legal assistance in navigating their slip and fall injury claim.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

This article provides an overview of the impact Hurricane Ian had on Florida’s Gulf Coast and the existing laws and policies related to the protection of pets and animals during natural disasters, particularly focusing on the PETS Act, DAP 9523.19, and Florida Statute (F.S.) §823.151. It also discusses the role of the Florida State Agricultural Response Team (SART) and highlights some shortcomings in the existing laws. The Pets Evacuation and Transportation Standards Act of 2006, also known as the PETS Act, was passed, and codified into federal law following the aftermath of Hurricane Katrina in 2005. Since the passage of the PETS Act and Disaster Assistance Policy (DAP) 9523.151, Florida has become one of over thirty (30) states to revise their disaster relief plans to include a focus on household pets and service animals.

Here is a summary of key points:

1. Hurricane Impact and Pet Evacuation:

• Hurricane Ian caused significant destruction in Florida, affecting millions of people and their pets.
• There were challenges faced by pet owners during evacuations similar to those occurring when Hurricane Katrina hit, which caused a considerable number of people not to evacuate due to concerns about leaving their pets behind.

2. PETS Act and Emergency Preparedness:

• The Pets Evacuation and Transportation Standards Act of 2006 (PETS Act) is a federal law that requires states to include the needs of households with pets and service animals in their emergency preparedness plans to receive federal funding.
• FEMA plays a crucial role in executing the PETS Act, and guidelines are provided through Disaster Assistance Policy (DAP) 9523.19.

3. F.S. §823.151:

• F.S. §823.151, enacted in 2018, extends protections for lost animals during natural disasters. It requires shelters to scan strays for microchips and make efforts to reunite them with owners.
• The law includes various provisions, such as posting notices, extending stray hold periods, and creating strategies for reuniting pets with owners.

4. Limitations of Existing Laws:

• There are, however, limitations in existing laws, particularly regarding the definition of “household pets,” which excludes certain animals like reptiles, farm animals, and animals kept for racing purposes.
• The economic impact of losing agricultural animals is discussed therein, highlighting the need for broader legal protections.

5. Challenges and Slow Implementation:

• The requirement for a state of emergency to be declared before establishing pet-friendly shelters is identified as a challenge, as delays can occur in the aftermath of a disaster.
• Various administrative issues, such as receipt retention and the need for federal identification numbers, are mentioned as factors that can slow down the implementation of assistance.

6. Florida State Agricultural Response Team (SART):

• SART is introduced as a group specifically designed to respond to animal and agriculture emergencies in Florida.
• The activation of SART during Hurricane Ian is detailed, including collaboration with the Florida Department of Agriculture and Consumer Services.

7. Community Assistance and Preparedness:

• Private organizations and businesses, such as the World Equestrian Center and American Humane Society, played a significant role in providing shelter and rescuing animals during Hurricane Ian.
• Recommendations for preparing pets for natural disasters are mentioned, including microchipping, and creating emergency kits.

8. Conclusion and Legislative Push:

• Evolving legislation emphasizes the importance of protecting animals during disasters and suggests that larger legislative efforts are needed.
• Examples are provided in proposed bills concerning the tethering of pets during storms, indicating ongoing efforts in animal law.

Overall, the foregoing underscores the complexity of addressing the diverse needs of pets and animals during natural disasters, pointing out both the progress made and the areas where further legislative action is required.

The foregoing is a brief and general overview of the evolving PETS Act and related laws in the state of Florida.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

In a significant legislative move, the Florida Legislature in early 2023 enacted sweeping tort reform legislation, reshaping the legal landscape for claims and litigation in the state. The new laws, effective March 24, 2023, had triggered a surge in legal actions, with Plaintiff’s attorneys filing tens of thousands of lawsuits in anticipation of the changes. Here is a brief but detailed examination of the key provisions and their implications:

1. Attorney’s Fees: A Shift in Dynamics

One of the notable changes is the elimination of one-way attorney’s fees for Plaintiffs in first-party cases. Exceptions remain in cases where the insurer denies coverage, and the insured prevails in a declaratory action. Furthermore, amendments to Florida Statute § 57.104 curtail attorney’s fee multipliers, limiting fees to the reasonable lodestar fee (i.e., multiply the number of hours reasonably expended by a reasonable hourly rate). Courts may only award a multiplier under rare and exceptional circumstances.

2. Statute of Limitations for Negligence: Time Constraints Tightened

The statute of limitations for negligence claims has now been reduced from four (4) years to two (2) years.  Although the legislation is explicit about its prospective application, some Courts have ruled on retroactive applicability. It is crucial for legal practitioners to assess the specific circumstances and consult with Florida Counsel for case-specific considerations.

3. Comparative Fault: Shifting Towards Contributory Negligence

Florida’s departure from existing comparative fault laws brings it closer to a contributory negligence state. If a Claimant, Plaintiff, or victim is found more at fault than the Defendant, the said Plaintiff may be barred from any recovery. For instance, if the Plaintiff is determined to be over 50% at fault for their injury, they may be precluded from seeking damages.

4. Premises Liability-Negligent Security: Apportioning Fault

Under the new legislation, juries can now consider the fault of all persons contributing to an injury, including the intentional actor/assailant. This significant departure from prior law allows for a more nuanced assessment of fault, impacting premises liability cases, particularly those involving negligent security claims.

5. Bad Faith: Addressing Set-Ups and Procedures

The legislation introduced substantial changes to bad faith claims. Insurers are shielded from statutory or common law bad faith claims if they promptly tender policy limits or the demanded amount within 90 days of receiving notice accompanied by sufficient evidence. The law also establishes criteria for multi-claimant scenarios, allowing insurers to file interpleaders or agree to binding arbitration, providing immunity beyond policy limits under certain conditions.

6. Medical Bills/Letter of Protection: Curbing Excessive Charges

The legislation imposed limitations on medical bills and letters of protection to address inflated medical charges.  It establishes specific amounts that providers may charge, introducing conditions and disclosure requirements for letters of protection. Additionally, it restricts recoverable damages for medical treatment to the amount actually paid by the claimant or their health insurance carrier.

While the legislation explicitly stated its applicability to cases and claims filed after March 24, 2023, a few court rulings have introduced an element of uncertainty regarding retroactive application. Attorneys and litigants should exercise diligence in assessing the evolving legal landscape and seek guidance from an experienced Florida attorney to navigate the nuanced implications of these transformative legislative changes.

The foregoing is merely a general and brief overview of the 2023 Florida law affecting accident and negligence as well as affiliated claims and litigation in the state, which causes an even greater need for the assistance of an experienced Personal Injury attorney.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Experiencing an accident is a disorienting and stressful event, but being informed and taking the right steps afterward can make a significant difference. Here is a brief but comprehensive guide on what you need to know and do after an accident in Florida:

1. Prioritize Safety:

Immediately after an accident, the safety of everyone involved should be the top priority. Move to a safe location if possible and check for injuries. Call 911 to report the accident, call an ambalance and do an incident report for the store or property owner, and seek medical assistance for any injuries.

2. Exchange Information:

Exchange contact and insurance information with all parties involved in the accident. Gather names, phone numbers, addresses, insurance details, and vehicle information if a motor vehicle accident. If there are witnesses, obtain their contact information as well.

3. Document the Scene:

Take pictures of the accident scene, including vehicle damage, license plates, cause of a slip, trip and fall and the surrounding environment. These visuals can be valuable when filing insurance claims or if legal action becomes necessary.

4. Contact Law Enforcement:

In Florida, it is essential to report certain accidents to law enforcement. If the motor vehicle accident involves injuries, deaths, or property damage exceeding $500, the involved party must report it to the local police or sheriff’s office.

5. Seek Medical Attention:

Even if injuries seem minor, it is crucial to seek medical attention promptly. Some injuries may not manifest immediately, and a medical professional can document one’s condition for insurance and legal purposes.

6. Notify Insurance Company:

Report the accident to one’s insurance company as well as the at fault party’s insurance as soon as possible. Provide them with accurate details and follow their instructions for the claims process. Failure to report promptly could affect a person’s ability to file a claim.

7. Consult with an Attorney:

If the accident resulted in significant injuries or if fault or liability is disputed, consulting with an experienced personal injury attorney is advisable. They can provide guidance on applicable rights and responsibilities, help navigate the legal process, and ensure an innocent injured party receives fair compensation.

8. Preserve Evidence:

Keep all documents related to the accident, including the police report, incident report, photos, video, medical records, and correspondence with insurance companies. This documentation will be crucial if legal action is pursued.

9. Be Mindful of Time Limits:

Florida has specific time limits, known as statutes of limitations, for filing personal injury and property damage claims. Be aware of these deadlines to ensure the subject party takes timely action if pursuing legal recourse.

10. Know Florida’s No-Fault Insurance System-if a Motor Vehicle Accident:

Florida follows a no-fault insurance system, meaning one’s insurance typically covers their medical expenses regardless of who caused the accident if treatment is sought and provided promptly. However, in cases of serious injuries, the involved party may pursue a bodily injury liability claim, if the at fault party is at least 50% or more negligent for the accident.

By following these steps, the involved party will be better equipped to navigate the aftermath of an accident in Florida. Remember, seeking professional advice and timely medical treatment from medical professionals and advice from experienced Personal Injury attorneys is crucial to ensuring rights are protected and that an innocent injured party receives the support they need during this challenging time.

The foregoing is a brief and general overview of what to know and what to do after an accident in Florida. 

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Florida is one of the most dangerous states in the country to ride a bicycle. In fact, Florida has the most cyclist fatalities in the United States. Jacksonville, Tampa, Orlando, and Miami are the four deadliest cities in this state. 

Florida is governed by a comparative negligence standard, which means that a victim can only recover damages to the extent that they did not contribute to the accident and if they were less than 50% negligent themselves. On March 24, 2023, Florida replaced its pure comparative negligence system with a modified comparative negligence system. Under this system, a plaintiff/victim/claimant can recover in proportion to the defendant’s percentage of responsibility or fault only if the plaintiff’s own share of responsibility is 50% or less.  A tragic example would be where a bicyclist ran into a stopped automobile. The cyclist could strike the middle of the vehicle’s driver’s side, but the driver may not notice the impact. When the vehicle starts to move it might run over the cyclist, who could be killed.

In situations where a cyclist dies, like the one above, their estate may bring a wrongful death lawsuit. However, it is possible that a jury may find this cyclist at least partially at fault, considering he or she drove into the stationary vehicle. If the jury determines that the cyclist was 45% at fault and the other driver 55% at fault, the estate may be able to recover 55% of the damages (such as medical bills and lost earnings) from the other vehicle. On the other hand, if the cyclist were found 51% or more at fault, he or she or their estate would not be able to recover anything. In other words, an injured plaintiff/claimant is barred or prohibited from recovering if they are more than 50% at fault.

Also, if a cyclist is riding in a bike lane and a car drives into them, causing injuries and the identified driver flees the scene, then the said driver can be held liable for the injuries sustained by the cyclist, and he or she can also be held criminally liable for fleeing the scene. According to these facts, it would be difficult for a jury to find that the cyclist contributed to their own injuries. Even if a case appears clear, it is important to hire an experienced attorney to ensure that one can present an effective and viable case. In the alternative, if the said driver and vehicle are not identified, then there may be no way to collect unless the cyclist has Uninsured Motorist coverage on his own auto insurance policy.

It can be frightening when a motor vehicle crashes with a bicycle. Fortunately, cyclists and their families have rights when a collision results in personal injuries or fatalities.  Drivers have a duty under Florida law to drive carefully and responsibly around cyclists and anyone else on the road.

Cyclists, as well, have certain duties under the law.  Cyclists younger than 16 years of age must wear helmets, and all cyclists should ride as far to the right as possible. Sadly, cyclists are often partially at fault for accidents.

The Statute of Limitations or deadline for filing a wrongful death lawsuit in the Florida courts is two (2) years from the date of the death. Again, on March 24, 2023, Florida’s legislature passed a new tort law, which made significant changes to the state’s civil justice system. One of the most significant changes was the reduction of the statute of limitations for negligence claims from four (4) years to only two (2) years even if death is not involved.  Florida is now also a modified comparative fault state, which means damages are apportioned among wrongdoers according to their percentage of fault as shown above if the other side is 51% or more at fault. If the cyclist was partially at fault for his injuries, then his compensation will be reduced accordingly.

After the change in the law in 2023, when filing a personal injury lawsuit, one no longer has four (4) years but two (2) years from the date of the injury or accident and has the added burden of a modified comparative fault rule.  Consequently, a victim, injured party, plaintiff and/or claimant should retain the services of an experienced Personal Injury Attorney.

The foregoing is a brief and general overview of bicycles, accidents and the new law governing this area in Florida. 

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

More than 200 laws take effect in July 2023. Covering topics ranging from immigration to gender identity, more than 200 bills officially became laws in Florida on Saturday, July 1. The 2023 session of the Florida Legislature produced 235 bills with a July 1 start date that were sent to Gov. Ron DeSantis for his approval

During this legislative session and special sessions held throughout the year, the Florida Legislature passed, and Governor signed a number of bills on education, transgender health care, insurance, immigration and more.

Here is a review of the headline-making legislation that took effect on Saturday.

Senate Bill (SB) 1718 cracks down on businesses that hire undocumented immigrants and provides $12 million for the migrant relocation program. Hospitals that accept Medicaid must also ask patients about their immigration status on intake forms, which critics say could deter migrants from seeking care. The companion bill: House Bill (HB) 1617.  Taking aim at federal border policies, lawmakers passed the bill that included stepping up requirements on businesses to check the immigration status of workers, cracking down on people who bring undocumented immigrants into Florida and collecting data about whether hospital patients are in the country legally.

The Immigration law also makes the following changes:

• Transporting a minor or more than five undocumented people into the state carries a second-degree felony penalty. 
• Companies with 25 or more employees will have to use the federal E-Verify system when hiring workers. Penalties for employers who do not verify their employees’ status could face suspension of their licenses to operate.
• Local governments will be banned from contributing money to organizations creating ID cards for undocumented immigrants, and driver’s licenses issued to non-citizens will be barred from use in Florida. Illegal migrants also could face felony charges by displaying a false ID to obtain employment. 
• Hospitals receiving state and federal Medicaid reimbursements will be required to track how much money is spent on undocumented immigrants in emergency rooms and must ask if a patient is in the country legally.
• A 2014 law that allowed undocumented immigrants to be admitted to practice law in Florida will be repealed.
• The Division of Emergency Management’s Unauthorized Alien Transport Program gets $12 million to continue the migrant-relocation program of transporting asylum-seekers to different places around the country.

SB 7052 (related HB 7065) puts more restrictions on property insurance companies to hold them more accountable for mishandling claims. Insurance providers will face more oversight and regulations as well as larger fines for any wrongdoing.  

Under HB 543,Floridians who can legally own a gun will no longer need training or a permit to be able to carry concealed firearms-related to HB 7025, SB 150. Lawmakers and DeSantis approved a measure (HB 543) that will allow Floridians to carry guns without concealed-weapons licenses. Called “constitutional carry” by supporters, it will do away with a decades-old licensing process. The House also unsuccessfully sought to undo a 2018 law that prevents people under age 21 from buying rifles and other long guns.

A person still must be a resident 21 or older to buy a weapon, unless they are a law enforcement or corrections officer or are in military service, and there still are restrictions on gun ownership for people convicted of a felony, dishonorably discharged, adjudicated mentally defective or involuntarily committed to treatment, convicted of a domestic violence misdemeanor or other conditions recognized by the state.

However, the Public Safety law (HB 543) removes the requirement for a concealed weapons license and its mandatory background check and firearms training course before you could carry hidden weapons or firearms on your person or in a vehicle in Florida.

The bill also adds private schools to the list of educational facilities that can ask the local sheriff for help establishing a guardian program and requires various agencies and offices to develop threat management policies.

The legislation, HB 1069 with related SB 1320, expands the law to ban classroom instruction on sexual orientation and gender identity in all grades. 

HB 1069 prohibits school staffers from asking students about their preferred pronouns or discussing their own if it “does not correspond to such person’s sex.”

The law says that “a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex.” 

The legislation, HB 1521, makes it a crime for a person to use a bathroom intended for the sex opposite of what they’re assigned at birth.  Trans people are now barred from entering certain bathrooms that do not match their gender.

Facility Requirements Based on Sex applies to bathrooms at facilities such as public schools, colleges, universities, state and local government buildings, prisons, and jails.

Under the law, people who enter bathrooms designated for the “opposite sex” could face trespassing charges. The bill includes exceptions for situations involving bathroom use by children under age 12, seniors and people with developmental disabilities.

The Florida law also defines a female as a “person belonging, at birth, to the biological sex which has the specific reproductive role of producing eggs.” It defines a male as “a person belonging, at birth, to the biological sex which has the specific reproductive role of producing sperm.”

Further, the bill (SB 254) would bar doctors from providing treatments such as puberty blockers and hormone therapy to transgender minors.

Additional laws include:

As of Saturday, July 1, middle schools may not begin the “instructional day” earlier than 8 a.m., and high schools will be barred from starting the school day before 8:30 a.m. according to the newly passed Middle School and High School Start Times bill.

School districts have until the 2026-2027 school year to make the change.

Also, regarding School Vouchers, which was a priority of House Speaker Paul Renner, R-Palm Coast, lawmakers, and the Governor approved a bill (HB 1) making every student eligible for taxpayer-funded vouchers, which could be used for private-school tuition and other expenses. The bill includes ending income requirements in current voucher programs.

According to the Protections of Medical Conscience bill, “any healthcare provider or facility licensed under a dozen different statutes, including doctors, nurses, pharmacies, hospitals, mental health providers, medical transport services, clinical lab personnel, nursing homes, and more” may refuse services if they have a “conscience-based objection” based on “a sincerely held religious, moral, or ethical belief.” The bill also added the following protections:

• Healthcare payors such as employers, health insurers, and health plans may refuse payment.
• Healthcare providers and payors are protected from liability for providing ‘conscience-based’ health care.
• Medical boards and the Department of Health are prohibited from taking disciplinary action or denying licenses to such healthcare providers if they have publicly spoken or written about a healthcare service or policy. This includes, but is not limited to, social media, according to the bill.

Commencing July1, if a person is under 18 they have to be at least 15 with a learner’s permit to drive a golf cart, or 16 with a driver’s license. If they are 18 and older, they must have valid government-issued identification.

Operation of a Golf Cart changes Florida law from the previous age limit, i.e., 14 and defines a golf cart as “a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.”

Universities around the state were already banning TikTok on school equipment due to personal security risks. Consequently, technology in K-12 Public Schools makes it official, and Prohibited Applications on Government-issued Devices adds the app to the list of applications created and maintained by a “foreign country of concern” that are banned from city, county, and state-issued phones and devices. 

If a Florida resident has been battling with their local homeowners’ association (HOA) over the flag outside of their house, they may see an end in sight.

Beginning July 1, homeowners may fly portable, removable, official flags no larger than 4 1/2 feet by 6 feet, “regardless of any HOA covenants, restrictions, bylaws, rules, or requirements to the contrary,” according to Property Owners’ Right to Install, Display, and Store Items. They may fly up to two of the following: the United States flag, the official flag of the State of Florida; a flag representing the United States Army, Navy, 51 Air Force, Marine Corps, Space Force, or Coast Guard, a POW-MIA flag, and a flag honoring first responders including law enforcement, firefighters, certain medical personnel, correctional officers, 911 operators, etc.

One is also permitted to put up a freestanding flagpole no more than 20 feet high anywhere on their property if it does not obstruct sightlines at intersections and is not on an easement. An individual homeowner can put up to two flags on it, providing one of them (the top one) is the U.S. flag.

The bill also blocks HOAs from restricting homeowners or their tenants from putting anything in their yards which are not visible from the front or from an adjacent parcel, “including, but not limited to, artificial turf, boats, flags, and recreational vehicles.”

Florida lawmakers also passed a number of other high-profile bills that lined up with priorities of the Florida Governor. The following are a few others:

After passing a 15-week abortion limit in 2022, lawmakers and Gov. DeSantis went further this year and approved a plan (SB 300) to prevent abortions after six (6) weeks of pregnancy. The six-week limit would take effect if the Florida Supreme Court rules that a privacy clause in the state Constitution does not protect abortion rights.

In a priority issue of State Senate President Kathleen Passidomo, R-Naples, lawmakers passed a plan (SB 102) aimed at making housing more affordable for workers. The bill, signed by the Governor, includes providing incentives for investments in affordable housing and encouraging mixed-use developments in commercial areas.

The House and Senate passed a record $117 billion budget for the 2023-2024 fiscal year, which started July 1. Lawmakers also passed a wide-ranging tax package (HB 7063) that includes a series of sales-tax “holidays” and trimming a commercial-lease tax.

Lawmakers also passed a law (SB 450) that ended a requirement for unanimous jury recommendations before judges can impose death sentences. The bill lowered the threshold to recommendations of eight out of 12 jurors. Lawmakers also approved a bill (HB 1297) aimed at allowing death sentences for people who rape children under age 12.

In the latest round of partisan battles about elections laws, Republican state legislators passed a bill (SB 7050) that would place additional restrictions on voter-registration groups, ease campaign-finance reporting requirements and changed a “resign to run” law to help clear the way for the Governor to run for president in 2024.

Furthermore, in a major win for Florida businesses, lawmakers and DeSantis approved a bill (HB 837) aimed at helping shield businesses and insurance companies from costly lawsuits. The bill, which drew opposition from plaintiffs’ attorneys, includes changes such as shortening the time to file negligence lawsuits (i.e., statute of limitations) and largely eliminating “one-way” attorney fees.

The foregoing is merely a general and brief overview of some of the many laws enacted to be effective July 1, 2023, in the state of Florida.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Bicycle injuries can vary widely based on the nature of the accident, ranging from fractures to catastrophic injuries with significant life-changing consequences. To ensure one gets just compensation for damages sustained as a result of the negligence of others in these circumstances, they should seek the services of a Personal Injury attorney experienced in bicycle accident cases in order to navigate complex bicycle laws in the state of Florida.

Anyone who has suffered an injury on a bicycle because of another party’s negligence can file a claim.

Under Florida’s comparative negligence law, i.e., Fla. Statute §768.81, each person who is found to be at fault is assigned a percentage. This means an individual can still collect financial compensation for the percentage of fault attributed to the other person.

Under Fla. Statute §95.11, injured parties must file personal injury lawsuits within four years of the date of the injury. Wrongful death lawsuits involving pedestrian injuries must be filed within two years. If the accident involves a state, county, or government agency, the statute of limitations can be shorter than four years. All statutes are subject to change, and exceptions may exist depending on your specific case. In addition, it takes time to investigate and then file a lawsuit. Evidence starts to disappear within hours of the crash (tire marks, debris, video surveillance). It is important to get representation quickly. 

Bicycle injury claims can range from a few months to much longer. It depends on a number of factors.

Again, it is recommended to hire an attorney experienced in the type of case in which one is involved.

Bicycle accident injury cases are handled like most Personal Injury matters and that is on a contingency fee basis. This means clients do not pay the attorney anything unless and until a financial compensation is recovered.

As for Bicycle helmets, per statistics, they can reduce the risk of serious head injury by about 50%. Annually, helmets tend to prevent hundreds of bicyclist deaths. Wearing a helmet is the best way to protect oneself from potential injuries while biking in Florida. Bicycle riders over the age of 16, however, do not legally have to wear helmets in the state of Florida. Learning the municipal laws, codes or ordinanes in a particular city can help a rider remain on the right side of the law.

According to bikehike.org, most states, including Florida, do not have universal laws requiring all bicyclists to wear helmets. Instead, Florida has a law that only requires riders under the age of 16 to wear them. Cyclists who are 16 and older are free to ride without helmets, unless their cities passed specific laws stating otherwise.

Electric bicycles have grown more popular in recent years. To lawfully use an electric bicycle in the state of Florida, the rider must be older than 16 years of age. However, operators or riders do not need to wear helmets to operate electric bikes. It is also not necessary to wear a helmet while riding on a scooter or moped unless the rider is a minor under the age of 16. One can even operate a motorcycle without wearing a helmet as well in the state of Florida, if operator is over 21 years of age and has at least $10,000 in personal injury protection motorcycle insurance.

Since wearing a helmet while biking is not a legal requirement in Florida over the age of 16, it is uncommon for this to serve as a plausible defense in an injury claim. Florida Statute Section 316.2065(18) specifically states that the failure to wear a helmet, or the failure of a parent to make a child wear a helmet, may not serve as evidence of negligence or contributory negligence. Consequently, bicyclists have specific protections against this defense

The courts in Florida will not base a personal injury decision on whether the bicyclist was wearing a helmet. It may be different, however, if rider is in a state that does require helmets. If the bicyclist broke the law by not wearing a helmet, this could be a potential defense to an injury claim. The defense could argue that by breaking the law, the bicyclist placed him or herself in a position to suffer the injuries in question.

If a rider is over the age of 16 and not wearing a helmet during your bicycle accident, the defense cannot use this fact against them, even if they are pursuing damages for a head or brain injury. Since they did not break the law, they were not negligent in deciding to go helmetless. Florida is, however, a pure comparative negligence state. The defendant may try to argue the plaintiff’s-victim’s comparative fault for reasons other than not wearing a helmet to reduce the value of the claim.

Pedestrians and bicyclists are covered under Florida’s PIP insurance law if a motorist hits them. If the victim or a household family member have PIP insurance for a vehicle, said victim should be covered under that policy. If the victim does not own a vehicle, they will be covered by the PIP insurance of the driver who hit them.

If a family member is injured by a motor vehicle while walking or bicycling, they have several options to collect payment for the injuries sustained under Florida PIP law.

Florida requires that every registered driver in the state must carry at least $10,000 in personal injury protection, or PIP benefits. According to Florida Statute Section 627.736, insurance policies must pay PIP benefits for anyone, including bicyclists and pedestrians, hit by a motor vehicle as long as they are not an occupant of a self-propelled vehicle.

PIP covers medical expenses which result from an accident and also provides benefits for lost wages, death benefits, and disability. 80% of actual expenses for medical treatment, hospitalization, transport, and medical tests are covered up to $10,000 maximum, so long as treatment is received within 14 days of the accident. If treatment is not considered an Emergency Medical Condition (EMC), the limitation on coverage is only $2,500. An EMC is defined as any injury, which, if left untreated, would reasonably be expected to cause serious jeopardy to the person’s health, serious impairment of any bodily function, or serious dysfunction of a body part or organ.

Disability benefits consist of 60% of the injured party’s lost wages if they are unable to work (up to a limit of $10,000), including payment for someone to assist with daily activities such as yard work and household chores that the subject injured party cannot complete. Additionally, death benefits can be paid up to $5,000 to the next of kin if the injured party passes away.

Personal Injury Protection coverage is meant to cover relatively minor accidents, but if medical expenses and lost wages exceed $10,000, an injured victim may sue the at-fault driver for the amount of damages greater than the $10,000 PIP limit. Said injured party may also sue the at-fault driver for non-economic issues such as pain and suffering.

To discuss this area more specifically since many victims and their family find the Florida No-Fault Law as unfair, the following issues will be addressed. If hit by a car a victim is entitled to have their medical bills paid by their own auto insurance, even if the accident was not their fault. Their auto insurance applies, even though your own car was not involved. This medical bill coverage under their auto insurance is called “Personal Injury Protection” or “PIP” or “No Fault Benefits”. This coverage is “primary” for one’s medical bills, meaning auto insurance is the first insurer who is supposed to pay the said medical bills.

Many bicyclists ask if the foregoing is unfair. They also ask, “Why should MY insurance have to pay my medical bills, when I did nothing wrong?” They finally add, “Will my auto insurance cancel me or raise my rates?”   Florida car owners have paid money to their auto insurance carriers called “premiums” for this exact type of insurance coverage under their policy. In Florida, it is mandatory that all automobile insurance policies provide these “PIP” benefits. It must be understood that the automobile insurance carrier for the vehicle or driver causing the accident does not have to pay these medical bills at first considering the legal list of priorities regarding insurance coverage.

There is a redeeming feature to all this in that the victim’s or their household’sauto insurance cannot cancel or raise one’s rates merely because they were involved in an accident that was not their fault.

In Florida, medical bills from a bicycle crash (when in a collision with a car) will not be 100% covered. Auto insurance will generally pay 80% of all reasonable medical bills, unless the policyholder has purchased extraordinary (and not basic) coverage. The maximum payments for all medical bills for a single accident are $10,000. Once auto insurance has paid $10,000 in PIP benefits (with basic coverage), the benefits are “exhausted”.

After the foregoing, then the remaining bills should be submitted to one’s health insurance, if any. In the beginning after a bicycle accident, the victim’s auto insurance is “primary” insurance, and their health insurance is the “secondary” insurer. On a given bill, automobile insurance PIP benefits will pay 80% and then health insurance can pay the balance due on the bill. Once PIP insurance has reached its limit of benefits, then the health insurance becomes the primary insurer. The said victim can still seek compensation from the at-fault driver, vehicle owner, or their auto insurers for the medical expenses incurred as a result of the subject accident.

To ensure proper payment of medical bills-it is critically important that medical bills are submitted to the insurers as soon as possible. Some auto and health insurance companies decline to pay medical bills if they are not submitted in a timely manner. When one goes to the hospital or doctor, request they submit the medical bills to auto insurance, if applicable, and then to health insurance, if it exists, on every claim, from the start. Further, keep track of how medical bills are being submitted and being considered by the insurers. Many auto insurers and health insurers give their customers on-line access to the claims submitted. By going on-line, injured party can check to make sure the insurer received the bills and see how much was paid and why.

If the victim does not own a car and does not reside with a family member or relative who owns a motor vehicle with insurance, then they are still entitled to “PIP” or “No Fault” benefits under an auto insurance policy. The victim can then get these benefits to pay the medical bills from the owner of the at-fault car’s auto insurance. The victim is entitled to these PIP benefits whether the accident was their fault, the other driver’s fault, the fault of both, and/or no one’s fault. They are entitled to have 80% of each reasonable medical bills paid up to $10,000 maximum benefits.

Florida Courts have not agreed on whether the bicycle rider is entitled to PIP benefits if they swerve to avoid impact and then get injured without the opposing vehicle striking them. The Florida law on PIP benefit says all auto insurance policies must provide personal injury protection when the policy holder is struck by a motor vehicle and suffers injury. Certain Florida Courts have interpreted this law to include PIP coverage where the bicyclist crashed to evade being struck by the opposing vehicle. This is a fair result. It would be unfair for bicyclists to be covered who were hit by a car, when other bicyclists, who likely minimized their injuries by avoiding a collision, were not covered.

The foregoing is just a brief and general overview of the subject of bicycle accidents in Florida.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

According to the 2021 National Retail Security Survey, retailers in the state of Florida pointed out the growing list of threats to their companies. When questioned on what areas of threats have increased the most over the last five years, mall or store violence, cyber-related incidents, and organized retail crime were at the top of the list. Organized retail crime was at 64% for its potential risks to stores.

In response to the foregoing threat, last year, Gov. Ron DeSantis signed the new SB 1534 against retail crime in the state. The bill was signed and passed on June 17^th, 2022. Under the title “Retail Theft”, the subject bill 1534 stated that it prohibited certain retail theft at multiple locations within a specified timeframe and provided new and enhanced criminal penalties for individuals who commit organized retail crimes.

The foregoing law took aim at the rise of retail theft in this state. Florida Attorney General Ashley Moody stated that the measure was designated to crack down on what she called “organized retail crime.”

Regardless of such law, Organized Retail Crime (ORC) is generally on the rise in the United States, and it is impacting inflation, store employees, and customers alike. 

Consequently, what is retail crime and how does it impact inflation? What should an individual do if they are injured at a store, either directly or indirectly, due to organized retail crime?

Organized retail crime (ORC) refers to professional shoplifting or other theft happening in retail stores. Far beyond a teenager placing unpaid candy into their pocket, ORC often involves multiple people grabbing thousands of dollars’ worth of merchandise and walking out of the store with it, then selling the products online, on a street corner, from the back of a van, etc.

While retailers certainly do not care for the financial losses incurred, the more significant  problems are increasing brazenness and aggressiveness. In a recent survey, 86.2% of retailers said an ORC subject had verbally threatened an associate; 75.9% said an ORC subject had physically assaulted an associate, and 41% said an ORC subject had used a weapon to harm an associate.

If an individual has been injured due to an ORC, contact an experienced and compassionate retail crime victim rights lawyer. 

All “shrink”, i.e., the retail term for inventory losses from theft, fraud, and paperwork errors, is on the rise, increasing from 1.4% to 1.6% of sales on average from 2015 to 2020. However, the estimated portion of those losses coming from organized retail crime is also dramatically increasing from 0.045% to 0.07% in the same timeframe.

While “shrink” is a normal or routine part of the bottom line, the increase in organized retail crime is pressuring retailers to invest in new technology and additional security while at the same time making it even more difficult to hire and retain employees. When all these factors combine, increased product prices are a natural result.

Working retail was already one of the most dangerous occupations as far as nonfatal injuries even before the COVID-19 pandemic hit. An increased risk of being attacked during the commission of a retail crime is an additional factor in a very long list of reasons it is difficult for stores to retain employees.    

ORC affects customers in a number of ways:

• High employee turnover results in poorer customer service;
• Measures to prevent theft, like having products locked up, can make shopping disagreeable;
• High rates of retail crime can lead to increased prices being passed on to consumers; and
• Companies may spend too much time and money on loss prevention and become negligent in other ways that may lead to accidents and injuries.

A person may be able to get compensation for their injuries if they can prove the store was negligent and should have been able to prevent the attack which caused said injuries. For example, if an individual works for a store and were not properly trained on how to approach potential shoplifters, and thereafter a person was injured when a possible criminal shoved them out of their way so they could escape with stolen merchandise, the employer may be held liable for the subject injuries (beyond what worker’s compensation may cover).

Retail stores have a duty of care to protect every person who legitimately comes onto their premises, including: Customers, Employees, Delivery people, Contractors, Wholesalers and anyone conducting business with the store.

If the stores failed to take reasonable steps to keep one safe on the property and their negligence led to said victim being injured, they may be able to get compensation from the company to pay for their physical, financial, and emotional injuries.

If one gets injured as a result of an organized retail crime  whether the criminals hurt them directly or whether they were hurt elsewhere in the store while the staff was busy trying to prevent ORC, then said victim should take the following steps to increase their chances of receiving compensation for their injuries from the store.

If the injuries are serious, one should seek immediate medical attention. Even if the injuries seem minor, such as scrapes and bruises, going to see a doctor provides a paper trail to prove later on that said individual was injured at the store. Further, said injuries may also be worse than one initially suspects, therefore, it is best to get examined.

If one was attacked or another crime was committed, one should file a police incident report. Not only does this give law enforcement an opportunity to find the person or people who assaulted them, but it is yet another important part of the paper trail that may help a victim later on.

Take pictures or videos of the area around where the incident occurred to search for evidence that may show the company or store was negligent. Get the names and contact information of any witnesses who saw what happened. Also, keep any torn or bloody clothing (or other evidence of injuries), unless the police ask for it.

An experienced retail crime victim attorney will know whether the subject victim can pursue compensation for their injuries and can assist in obtaining a maximum recovery for the claim. Rather than accepting whatever money the store’s insurance company may try to initially offer, contact an experienced attorney first to discuss the case.

If a person living in or visiting Florida is injured during a retail crime, contact a crime victim rights lawyer for a consultation. Even if shopping malls, large retailers, or mom-and-pop shops are experiencing more retail crime, they still owe a duty of care to keep their patrons or customers safe on their property and may owe them compensation for any injuries sustained if the store neglected that duty.

The foregoing is just a brief and general overview of the subject of organized retail crime.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.