Last year, changes to the personal injury protection (PIP) coverage contained within auto insurance policies went into effect in the state of Florida. The purpose of the changes is to curb fraudulent insurance claims, which cost the state almost $1 billion per year in increased premium rates. The revised legislation limits PIP policy claims that were not brought within 14 days of the accident. Now that one year has passed with the new law in effect, it is expected that auto insurance premiums in Florida should drop about 13 percent as a result of the decrease in fraudulent claims, as reported by the Digital Journal.Read More The Orlando Sentinel recently reported on the difficulty of inmates who have a hard time starting their life on the outside once released from prison. The article stated that the thousands of inmates released from prison each year are given a bus ticket and $40 upon their release. For many, this makes it difficult to complete even basic life tasks, especially when they often also lack driver’s licenses or identification cards. This has become such a recognized problem, in fact, that an organized coalition and Florida lawmakers are working to address it. Their plan includes implementing a program that provides prisoners an identification card, or the necessary paperwork to get one, when they complete their sentence in prison and are released into the public.Read More NBC News, among many other media outlets, recently reported on a Florida case involving many similarities to the George Zimmerman case: a man in Florida was charged for killing a black teen, who was unarmed at the time of his death, and is arguing self-defense at his trial. While most people are familiar with the outcome of Zimmerman’s trial, many are not so sure that Michael Dunn, the man charged in this case, will follow the same path. The issue of divorce is something that affects a huge portion of families across America. It is often a sensitive and emotionally charged topic, especially when children are involved. A recent article by Florida Today discussed the potential trend among states to favor custody arrangements in which parents share equal custody. According to the article, lawmakers from states across the country are re-evaluating their child custody laws in light of advocates who say that parents who are divorced should share custody of their children. Those who say that shared custody is ideal argue that it is in the best interest of the children to spend an even amount of time with both of their parents. They say that the only situations in which custody should be awarded to one parent are those involving abuse or substance abuse.Read More The issue of same-sex marriage has been playing out in the media and in the legal arena for years. Now, a number of states are being forced to address the issue by way of hearing and ruling on lawsuits that have been filed by same-sex couples. As reported by the Miami Herald, Florida is no exception. More specifically, six same-sex couples sued in Miami-Dade Circuit Court for the right to marry. Many of the couples are living together and some have children. They stated that they are aiming to marry in the state in which they live in order to have their relationships recognized in the eyes of the law. The Plaintiff’s complaint argues that Florida’s refusal to recognize same-sex marriage results in a denial of fundamental rights, dignity, and equality, which is supposed to be afforded to all citizens by the United States Constitution.Read More In a recent Court decision from 2013, the First District Court of Appeals held that an insurance carrier did not have to prove that an insured’s false statement was intentional to be allowed to cancel the policy. The case involved the insured filing a claim with his insurance agency after a fire. The insurance company found out during the course of their investigation that one of the individuals named in the insurance policy lied on their insurance application when asked about prior convictions for a felony in the past 10 years. The person, in fact, had five felony convictions on their record in the last 10 years. During her testimony at trial, the insured claimed that the false response to the inquiry on the insurance application was not intentional. While the insured won at the trial court level, the insurance company appealed and won a judgment in their favor from the First District Court of Appeals. The insurance company pointed to a relevant part of the insured’s policy that allowed for the policy to be void if an insured makes false statements. In this case, the insured argues that the insurance company had to show that the false statements were made intentionally with the purpose of deceiving the company in order for the claim to be successful and the policy voided. The District Court did not agree.Read More Far too many families in Florida and throughout the country are affected by domestic violence. Recognizing the damage done by these crimes, the justice system includes a variety of tools to both protect those harmed and punish residents who commit domestic violence. But not all disagreements between family members actually rise to the level of domestic violence as envisioned by the law. It is critical for residents who have questions about this issue to understand the basics of the applicable rules. The Florida legislature defines “domestic violence” to be “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” When a Florida resident believes they were a victim of domestic violence, an injunction for protection can be sought. In these cases a court orders an abuser to stay away from the harmed family member. Importantly, the victim can be anyone in the household, as the provision is not limited solely to disputes between spouses.Read More Florida has added over 200 new laws to their books in the last several months. While some had gone into effect in the latter part of 2013, some will begin with the New Year in 2014. Naples News reported on a number of the new laws, and the topics they cover range from sex trafficking to the state of Florida’s foster care program. Notably, also included is an increase in the amount of Florida’s minimum wage from $7.79 per hour to $7.93, which is higher than the federal minimum wage at $7.25. A federal judge in Orlando, Florida has declared that the state’s law requiring welfare applicants to undergo mandatory drug testing is unconstitutional, according to a recent article by the New York Times. It is expected that this ruling will serve as the groundwork for other similar cases popping up across the nation. In her decision, Judge Mary S. Scriven stated that the mandatory drug screens violated the principle of constitutional protection against unreasonable government searches. Governor Rick Scott, a Republican, had a large part in the original legislation on the issue. The Judge reasoned that under no circumstances could it be constitutional to enforce the warrantless, suspicionless drug testing that the law makes mandatory. The Judge had previously imposed a temporary ban on the law, and made it permanent through the ruling.Read MoreEffects of the New PIP Law in Florida
New Program to Help Released Inmates Start Over
Plan for Released Prisoners to Obtain ID
Florida’s Stand Your Ground Law Continues to make Headlines
Will Shared Parenting be New Custody Arrangement in Florida?
Best Interest of the Children
Lawsuit Filed in Florida over Right to Marry
Plaintiffs’ Position
Intent Not Needed to Prove False Statement on Insurance Application
Appellate Court Decision
What Rises to the Level of Domestic Violence?
Florida Law
2014: New Year, New Laws Taking Effect in Florida
Some of the new laws taking effect in 2014 include:
No Drug Testing for Welfare Applicants in Florida
Is the Law Constitutional?
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