Childress & Charpentier Blog

According to the American Motorcycle Association Magazine (February 2008) although the law states that “no fewer than two occupants per vehicle may be required for the use of an H.O.V. facility” it does require exemptions.  Specifically, subsection (b), paragraph (2) exempts motorcycles from H.O.V.  lane restrictions.  United States Code Title 23, Chapter 1, ‘166, “HOV Facilities.”

According to an article published in the Florida Today Newspaper (03/19/2008) House Bill  101 would reverse an eighteen-year-old prohibition on breed specific local regulations on dogs.  Apparently, legislators from Broward and Palm Beach Counties would like to ban dangerous dogs-specifically Pit Bulls or at least keep them away from public places. According to the article, Pit Bulls and Bit Bull mixes account for almost one third of all reported dog bites in both Broward and Palm Beach Counties.  Currently, Miami-Dade is the only county with a ban on Pit Bulls.  Apparently, this local legislative ban was grand fathered in because it was passed a year before the state law that prohibited breed specific bans.  Apparently, statistics show that in 2007 there were four hundred and forty reported incidents in which Pit Bulls and Pit Bull mixes bit people in Broward and Palm Beach Counties.  Oddly enough, however, animal control officials do not support a ban on specific breeds because they claim it would be difficult to enforce and unfair to the dogs that are not a threat. 

According to an article in the Florida Today Newspaper (03/19/2008) a young boy from Port St. John in Brevard County  was recently attacked by a pit bull dog.  Immediately following the attack the young boy was flown from Brevard County to Arnold Palmer Hospital for Children in Orlando (Orange County) with severe facial injuries.  This report was from the Brevard County Sheriff’s office.  Apparently the attack occurred at residence located at Allmont Street, Cocoa (Port St. John development).  Apparently the young boy was visiting the home, with his family, when he was attacked by the owners pit bull dog.  The dog has been taken into custody by the Brevard County Animal Services and Enforcement Department.

 (American Motorcyclist, April 2008)

Rider Ware-House’s Andy Goldfine has a number of tips for using your bike for everyday transportation.  Six of them are as follows:

1. Have a routine.  Make it easy to choose the right gear for the right weather.
2. Be safe.  Be selective and seek out a safe route of travel.
3. Be secure.  Be careful where you park your motorcycle. Try to create a “well populated motorcycle parking area.”
4. Consider your motorcycle. Select the right bike for commuting.
5. Choose the right bike.  According to Mr. Goldfine, his bias is to select a bike that is better at commuting and then deal with the shortcomings,
6.  Remember the upsides.  While riding a motorcycle “all of your senses have been engaged” that helps you feel better about yourself and your day.

Now go out and enjoy that motorcycle

According to a recent article in American Motorcyclist (April 2008) riding side-by-side is legal in forty-eight states including Florida.  Now, officials in one of the two hold out states, Virginia, are working to join the majority.  If the bill is passed in Virginia, Vermont would be the only state where side-by-side riding is not allowed.  When on I-95, US 1 or any other road in Titusville, Cocoa, Merritt Island, Melbourne or Palm Bay motorcyclists can feel free to ride side-by-side. 

Overall murder was up by 6.5%

Gun murders were up by 11.5%

Knife murders were down by 24%

Overall robberies were up by 11.7%

Aggravated assaults were down by 1.7%

Burglaries were up 6.3%

Although the actual number of tracked crimes increased by 3.2%, the population increased as well.

(Florida Today Newspaper 04/25/2008)

According to a Saturday, April 5, 2008 article in the Florida Today Newspaper, a thirteen-year old, Palm Bay boy scout was flown to an Orlando hospital with severe head injuries after he fell from a moving trailer.  Apparently the trailer had been hitched and was being towed by a sport utility vehicle and was traveling  at approximately 5 miles per hour when the boy scout fell off.   The young man was part of a boy scout troup distributing phone books in the South Brevard County area of Palm Bay.   According to Palm Bay police, the accident happened near the intersection of Yeon Avenue and Willig Street where police arrived to find the boy scout lying on the ground.

According to a recent article in Brevard County’s Florida Today Newspaper (Space Coast Section 4-5-2008) Brevard County’s crime rate in 2007 stayed the same as it was in 2006.  Unfortunately, however, the number of homicides climbed significantly, as reported by the Florida Department of Law Enforcement.  The overall crime rate for Brevard County remained unchanged at  4034.5 crimes for every 1,000,000 people.  This figure includes all offenses ranging from homicides to motor vehicle theft.  In 2006 the over-all crime rate  increased by approximately 5.5%.  Cocoa  had the highest crime rate in 2007, with four homicides, fifteen rapes, one hundred robberies and three hundred nineteen incidents of aggravated assault.  The crime rate in Palm Bay went down by 13.1%.  However, as noted above, the homicide rate in Brevard County increased from twenty-two in 2006 to thirty-two in 2007.  Violent crimes, such as robbery and aggravated assault were also on the increase in 2007.  Overall in Brevard County, Florida, the number of incidents went up 1.7% from 21,904 in 2006 to 22,275 in 2007.  According to the Florida Department of Law Enforcement, the crime rate in Titusville went up 9.6%, in Cocoa Beach 5.5% and in Rockledge 9.5%.  According to Commander Doug Wahler of the Brevard County Sheriff’s Office, “As long as there is any crime, we will not be satisfied.  We are trying to deal with that small percentage of the community that commits most of the crime.”

AARP Bulletin (April 2008, Vol. 49, No. 3)

J. Sparaga was evicted from a South Florida assisted living facility in February 2008.  Mr. Sparaga was told he was evicted because of his “aggressive behavior.”  Mr. Sparaga contested the assisted living facility’s position. Unfortunately, he had no chance to plead his case.  Why not?  Because Florida’s assisted living facilities can discharge residents for any reason or no reason at all, as long as they provide 45 days notice.  Further, residents, who are not covered by landlord-tenant laws, cannot appeal.  Legislation in Tallahassee is pending that would require assisted living facilities to give residents a reason for discharging them and set up an appeal process.  This law would apply in Brevard County.

According  American Medical Forensic Specialists, Inc. (March 2008 Newsletter) decubitus ulcers are pressure ulcers.  A pressure ulcer has an area of unrelieved pressure over a defined area, usually over a bony prominence, resulting in ischemia, cell death and tissue narcosis.  The article points out that despite current interests and advancements in medicine, surgery, nursing care and self-care education, pressure ulcers remain a major cause of morbidity and mortality.  This is especially true for persons with impaired sensation, prolonged immobility or advanced age.  It is important that persons who suffer from decubitus ulcers are initially assessed and treated appropriately.  If not, the consequences can be life altering or even life ending.