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- Fatal Alligator Attack at Disney World Orlando Could Mean Legal Trouble
- Florida Gun Laws Under Fire After Orlando Attacks
- Prospect of Medical Marijuana in Florida Creates Buzz
- Florida’s Death Penalty System Subject to Further Questioning
- Summer Driving Safety Tips
- Florida Supreme Court Votes to Maintain Reasonableness in Workers’ Compensation Law
- Hiring a Personal Injury Lawyer Makes a World of Difference
- Florida Bar Approves New Animal Law Section
- Obama’s Immigration Program Faces Supreme Court
- Gov. Scott Passes New Law to Protect Children, Vulnerable People, and Pets
- Leading Causes of Personal Bankruptcy
- 10 Things to Remember if Stopped for a DUI
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Author Archives: Blick Law
After you are involved in an accident it is normal to feel shock, panic, or worry, but it is very important that you take the proper steps to ensure you do not injure yourself or others, or break the law.
Immediately after an auto accident occurs, check yourself for injuries.
• If you are injured, it is important to call 911 if you can. If you are seriously injured, try to remain still until help arrives.
• If you are not injured, make sure none of your passengers are injured. If any of your passengers are injured, call 911.
Move yourself, and if possible, your vehicle to safety.
• If it is safe to drive your vehicle, pull it to the side of the road, so it does not pose a threat to other drivers.
• If you cannot drive your vehicle, leave it in its place. Turn on your hazards or use road flares to warn those on the road, and wait for help.
• Wait with your passengers at the side of the road, the sidewalk, or a nearby parking lot until help arrives.
Notify the authorities. No matter the severity of the accident, it is important that you call the police. In the state of Florida, if you fail to report an accident that causes $500 or more of damages, you are violating the law.
Document the accident. Following an accident, avoid discussing fault with the involved parties. These details should only be discussed with your lawyer and police. It is also a good idea to do the following:
• Get the names and badge numbers of responding police officers
• Ask for a copy of the accident report
• Take pictures of all cars involved
• Talk to witnesses and record their names and contact information
Exchange information. After the accident report is filed with police, you should exchange the following information with the other driver or drivers:
• Full name and contact information
• Insurance company and policy number
• Driver’s license and license plate numbers
• Make, model, and color of the vehicle
• Location of accident
Blick Law Firm understands your need for legal advice and assistance after an auto accident. Call us now at 888-973-2776 for a free consultation with one of our trusted personal injury attorneys! [CLICK HERE]
Florida’s elected Sheriff’s Association announced a proposal on January 20, 2016, that would protect legal, concealed carry permit holders from arrest and persecution for unintentionally showing their firearms. According to the FSA, this proposal would offer protection to more than 1.5 million concealed carry permit holders, without legalizing complete open carry in Florida.
FSA President and Alachua County Sheriff, Sadie Darnell, said, “Today in Florida, responsible concealed weapons permit holders can face penalties for unintentionally displaying a weapon – highlighting a major oversight in the laws governing our abilities to carry a concealed weapon.”
The current law dealing with displaying a firearm was passed in 2011, and drew negative attention from the National Rifle Association (NRA). Previous NRA President and current United Sportsmen of Florida President Marion Hammer said, “There have been problems for years of license holders who were carrying concealed whose firearms accidentally and unintentionally became visible to the sight of another person, being stopped, harassed, and even arrested and prosecuted under the ban on open carry because somebody saw their gun.”
The FSA believes their proposal is a happy medium for everyone, closing loopholes for concealed carry holders, while addressing the public’s safety concerns. The proposal, will protect concealed carry holders who inadvertently display their weapon without causing harm or negatively impacting safety, tourism, private businesses, and the general public.
More specifically, the proposal:
• Requires a deliberate and intentional violation of the law before an arrest can be made
• Maintains that a concealed carry holder is lawfully carrying
• Provides immunity for concealed carry holders who unintentionally display their weapons
• Authorizes an expunction of the criminal history associated with an arrest under this section if the person is found not guilty or the charge is dismissed
“This is about strengthening the legal rights of Florida’s 1.5 million concealed weapons permit holders, who already enjoy significant rights afforded under the Second Amendment and also Florida’s constitution, including the right to openly conceal and carry in many different circumstances,” said Bob Gualteiri, FSA Legislative Chairman and Pinellas County Sheriff. [CLICK HERE]
As drones grow in popularity, lawmakers face increasing pressure to protect residents from the dangers that come with the new technology. There is already legislation in place in the state of Florida to protect residents’ from the invasion of personal privacy at the hands of drone users; but, now there is talk of enacting legislation that would hold drone operators accountable for the damage incurred by their drone use.
There is currently no law in place to protect Floridians from personal or property damage caused by drones. Republican state Sen. Miguel Diaz de la Portilla, of Miami, would like to change that.
“They’re very hard to control and they can cause massive damage if they fall,” said Diaz de la Portilla of drones. Drones are available for purchase by the public in a variety of different sizes and equipped with a range of different accessories and functions. If a drone is not handled properly, it could fly into power lines, tumble into a crowd of people, or very seriously injure a person and/or damage their property.
Diaz de la Portilla feels the state needs legislation that would reimburse victims of drone accidents for their expenses, should a drone cause notable damage to their person or their property. Senate Bill 642, proposed by Diaz de la Portilla, would hold the drone owner and operator responsible for the cost of the damage(s) if the drone were a major contributing factor in causing the damage.
The senator said no particular instance inspired his proposal, but that the widespread stories of damage and endangerment caused by drones pushed him to take action.
Should the legislation protecting victims from drone damages pass, it would build on other Florida laws that restrict drone usage, namely as a means of surveillance. [CLICK HERE]
The Supreme Court recently declared parts of Florida’s death penalty system unconstitutional. Florida, Alabama, and Delaware are the only three states that both allow a person to be sentenced to the death penalty without a unanimous decision and allow a judge to override the jury’s life or death decision.
There are currently 390 prisoners, including five women, on death row in the state of Florida. While many attorneys are working quickly to petition new hearings for their clients, it has not yet been determined how the Supreme Court’s decision will affect these inmates.
In taking a closer look at Florida’s death penalty system, the numbers might give you mixed emotions. Though Florida has carried out 93 executions, which pales in comparison to the more than 500 executions in Texas, Florida is one of only six states to make executions in 2015. In fact, the state has already carried out one execution in 2016, with two more scheduled. Nationwide, 156 inmates sentenced to death have been exonerated; 23 of those exonerations were Florida inmates.
Under Gov. Rick Scott, Florida has executed more inmates than under any other governor. The 23 death-row inmates executed since Scott’s election have drawn attention to Florida’s flawed death penalty system. Supreme Court Justice Sonia Sotomayor, who wrote the ruling that deemed Florida’s system unconstitutional, said that by allowing the judge to make the final decision, Florida jurors are making a mere recommendation for life or death. Sotomayor wrote, “The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death.”
Florida juries are only unanimous 20% of the time, when deciding on the death penalty. Judicial overrides in the Sunshine State, hardly happen anymore, but the very possibility of a judicial override is both unconstitutional and worrisome for Florida attorneys, who have raised concern over the death-penalty system for as many as 14 years.
The expert attorneys at Blick Law Firm specialize in what it takes to defend you in a criminal case. Please call our office at 888-973-2776 for a free consultation today! [Click Here]
Written by: Michaella Radich
Two Florida state lawmakers—Republican state Senator Joe Negron and Representative Matt Gaetz—will be introducing daily fantasy sports legislation with the intention of clarifying the industry’s legal status while providing consumer protections. Negron and Gaetz both released statements on the importance of consumer protection in the DFS industry. There have been no reports that DFS users in Florida are currently in any danger of criminal charges.
The bill draft resembles a bill recently introduced in Illinois, considered to be relatively friendly to the DFS industry. If passed, the bill would operate on an interstate basis.
- The bill borrows language from the Unlawful Internet Gaming Enforcement Act to determine qualifying games.
- The license fee is $500,000 with a $100,000 renewal fee.
- “Any person or entity that offers fantasy games for a cash prize to more than 750 members of the public” would require a license.
- Employees and relatives in household would be blocked from playing games with prizes over $5.
- Players and officials are blocked from participating in any fantasy game that would depend on their individual, real-world performances.
- Players’ funds must be separated from operational funds.
- Each violation of the chapter is subject to a civil penalty not to exceed $1,000.
DFS Climate in Florida
Florida is a DFS hotspot. The Miami Herald reports that in the last month, lobbying efforts have increased, with 10 lobbyists working in the state of Florida for Fanduel and Draftkings. The bill is being introduced at a time when key lawmakers are disinterested in the DFS industry. Senator Rob Bradley, chairman of the Regulated Industried Committee, feels the bill is unlikely to pass in the near future. Attorney General Pam Bondi is “taking a hands off approach,” allowing the U.S. Attorney’s Office to deal with DFS legislation. [Click Here]
Christmas Greetings! A Personal Holiday Message from the Blick Law Firm! #ChristmasOfficeTour
Welcome to our office during the holiday season!
Attorney Michael C. Blickensderfer and wife, Viviane Blickensderfer, wishing you a Merry #Christmas and Happy New Year. Blickensderfer’s message is to remember the real meaning for this holiday season of God’s gift of the birth of Jesus Christ, our Lord and Savior. The Blickensderfer family reflects this to be the true reason for this season. Enjoy time with friends, family and loved ones. Blick Law Firm, helping the hurting.
Video Link: https://youtu.be/B-52gVGtBaU