Latest news with #FloridaStatute
Yahoo
6 days ago
- General
- Yahoo
Disabled veteran sued by HOA over flagpole for which he has permit
The Brief An HOA is suing a disabled veteran over a flagpole he put up in his front yard to display the American flag. Florida statute says homeowners can have flagpoles even if their HOAs have rules about them. The homeowner does have a permit approved by the City of Port Orange for his flagpole. PORT ORANGE, Fla, - A Florida HOA is using a resident, a disabled veteran, over a flagpole he put up in his front yard to fly the American flag. What we know The Countryside Villas PUD-3 HOA in Port Orange is suing one of its residents, a disabled veteran, over a flagpole he erected to display the American flag. The HOA sent the homeowner a letter saying, "Permanent flag poles require approval prior to construction." They sent him warning letters, notices of fines and of increased fines, a hearing notice, and eventually served him with a lawsuit because he didn't pay the $1,000 fines they levied against him. One of the letters threatens they can place a lien on his home if he doesn't pay the fine. City records show inspectors came out twice and gave the flagpole the okay three weeks before the lawsuit was ever filed. An HOA attorney explained to FOX 35's Marie Edinger, Florida Statute now says as long as it's under 20 feet high, you can have a flagpole on your property, even if your HOA has rules against it. What we don't know FOX 35's Marie Edinger asked the HOA twice whether there was any remedy they could see that would result in the lawsuit being dropped; the first time, she did receive a response but that question was ignored, so she followed up to ask again. The HOA Board wrote back, "We would need to check with our attorney. However the resident is currently hospitalized." What they're saying Neighbors are up in arms over this issue. "Leave the veteran alone. He hasn't done anything wrong," said Frank Johnson, a veteran himself. Johnson assisted with the permit application for the flagpole. "He's called me crying that they're harassing him and bullying him," he added. "He's served this country. He's paid his dues. They want to get him on a flagpole and some weeds in the lawn. It's pathetic. It's really pathetic." Robert Sabatino say's he's pushing for a recall election because of all this. He's a history teacher. "I spend my year telling students all year that governments exist because the people allow it. And when the government becomes too abusive, it's up to the people to take it back and change it." Margaret Murphy sent the State Senator for the area, Tom Wright, a letter asking for guidance. "My father is a survivor of Pearl Harbor. He would be rolling over in his grave if I didn't say something." The HOA did not respond by FOX 35's deadline, but did respond afterward. The Board said in a statement that this is not about a flag or a flagpole. "The resident was told via multiple correspondences that he absolutely can have them. The situation boils down to that he failed to submit an ARC application which is required for flagpoles by the HOA. That rule has been in place since 1990," the HOA Board said. "Florida Statute makes it clear that an HOA resident also needs to follow the governing documents which he has failed to do. This situation is no different than any other Architectural guideline in our docs. As a result, a fine was imposed and he failed to pay the fine." An HOA attorney and the Managing Partner of Orlando Law group, Jennifer Englert, says this particular statue is much clearer than average: you have to allow flagpoles. "Why are you fighting about something that you know you have to allow, that is very clear?" she said. What's next There is a pre-trial hearing for this case in September. STAY CONNECTED WITH FOX 35 ORLANDO: Download the FOX Local app for breaking news alerts, the latest news headlines Download the FOX 35 Storm Team Weather app for weather alerts & radar Sign up for FOX 35's daily newsletter for the latest morning headlines FOX Local:Stream FOX 35 newscasts, FOX 35 News+, Central Florida Eats on your smart TV The Source FOX 35's Marie Edinger read the lawsuit against the veteran in its entirety. She talked with two different HOA attorneys about the laws regarding flagpoles erected on private properties in communities with homeowners' associations in the state of Florida. She spoke with five people living within The Villas who discussed concerns over the HOA's handling of this lawsuit, as well as a woman who's been caring for the disabled veteran. She reached out to the HOA and to the HOA's attorney. She reviewed permit applications for the veteran's flagpole. She read a letter one community member sent the State Senator representing the area.
Yahoo
6 days ago
- General
- Yahoo
Puppy brutally attacked at Central Florida park; owners injured trying to save her
The Brief Authorities are searching for a dog and its owner following a brutal dog attack at an Ocala park that left a puppy with critical injuries. Anyone with information about the incident is asked to contact Marion County Crime Stoppers. OCALA, Fla. - A dog and its owner are being sought after a violent attack at a dog park in Marion County left two people injured and a 9-month-old English Springer Spaniel puppy named Mae critically hurt. What we know The incident occurred on May 23 at Letty Towles Dog Park in Ocala, where a dog, possibly a pit bull or Cane Corso, attacked Mae and her owners, Maryann and Jack O'Leary. The couple suffered bite wounds while trying to save their pet, who now has serious injuries, including a collapsed lung and internal bleeding. It took four adults to pull the attacking dog off, and the suspected owners fled the scene. What we don't know Authorities have not yet identified the dog or its owner, and it remains unclear whether the animal has a history of aggression. According to Florida law, dog owners are liable for these attacks: "The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness." Florida Statute 767.04What you can do Anyone with information about the dog attack is urged to call Marion County Crime Stoppers. As for Mae and her owners, a GoFundMe has been set up to help with medical expenses. STAY CONNECTED WITH FOX 35 ORLANDO: Download the FOX Local app for breaking news alerts, the latest news headlines Download the FOX 35 Storm Team Weather app for weather alerts & radar Sign up for FOX 35's daily newsletter for the latest morning headlines FOX Local:Stream FOX 35 newscasts, FOX 35 News+, Central Florida Eats on your smart TV The Source This story was written based on information conducted by FOX 35's Kelsie Cairns.
Yahoo
12-05-2025
- Health
- Yahoo
New bill to repeal Florida's ‘Free Kill' law makes it to Gov. Ron DeSantis' desk
Florida's Senate voted May 1 to pass a bill that would repeal the state's so-called 'Free Kill' statute, which restricts who can sue for medical malpractice. Under the 'Free Kill' law, only spouses and children under 25 of someone who died from medical malpractice can sue for pain and suffering due to loss of life. HB 6017 deletes this provision. Also titled "Recovery of Damages for Medical Negligence Resulting in Death," the new bill was filed by House Representatives Dana Trabulsy (R) and Johanna López (D) and is supported by families affected by the 35-year-old law. Florida's House of Representatives already approved HB 6017 in March in a 104-6 vote. The bill will take effect July 1, 2025, unless vetoed by Gov. Ron DeSantis. The American Tort Reform Association wrote a letter to DeSantis May 8 urging him to veto the bill because it would "expose Florida's doctors and other healthcare providers to greater, unpredictable liability." Florida escaped ATR's 'Judicial Hellholes' list just two years ago. No more "Free Kill": Pensacola families fight to change Florida's 'Free Kill' law. Here's why. The 'Free Kill' law, found in Florida Statute 768.21, restricts who can sue for medical malpractice. "The Florida Wrongful Death Act dictates who can file a wrongful death claim when a loved one dies due to medical malpractice," Dolan Dobrinsky Rosenblum Bluestein law office states. "Unlike other negligence cases, where most surviving family members can seek compensation, medical malpractice wrongful death cases impose strict limitations." Related: Florida begins first prosecutions under controversial 'Halo Law' Florida is the only U.S. state with a 'Free Kill' law. In 1990, Florida's Wrongful Death Act was expanded to include the 'Free Kill' statute, reportedly aiming to reduce medical malpractice insurance costs and keep doctors in the state. It made it so only economic damages for funeral costs and medical expenses could be recovered by the adult children (over 25) of the deceased, but not for pain and suffering. Parents of adult children who die due to medical malpractice cannot receive noneconomic damages under this law. HB 6017 deletes the provision in Florida Statute 768.21 that prevents people other than the spouse or children under 25 of someone who died due to medical negligence from recovering certain damages. Unless the bill is vetoed by Gov. Ron DeSantis, it will go into effect on July 1, 2025. Contributing: Mollye Barrows, Pensacola News Journal, Gray Rohrer, USA TODAY NETWORK - Florida This article originally appeared on Pensacola News Journal: Will Gov. DeSantis sign, veto bill repealing Florida 'Free Kill' law?
Yahoo
09-05-2025
- General
- Yahoo
‘We're scattered': It could be several days before Clearwater condo is deemed safe
CLEARWATER, Fla. (WFLA) – Crews were at work Thursday stabilizing and repairing a cracked pillar in a Clearwater Beach condo building. On Tuesday, residents were forced to evacuate from the South Beach III condominium building on Sand Key. Clearwater Ferry resumes daily operation The split prompted a massive response on Gulf Boulevard. Sixty people were forced to evacuate, and some residents were carried out on stretchers. Residents will not be able to return home until the project is complete. 'I live on the 12th floor,' said resident Scott May. 'All of a sudden, I got (a) knock, two firemen on the door hard that we had to get out immediately. I am wearing the exact same clothes that I wore when I left, Tuesday, coming down from the building.' Officials said the crack was discovered amid the condo renovation project to the garage floor. It's one of many renovations taking place over recent months. Last year, an engineering firm conducted a milestone inspection for the Clearwater Key Association, South Beach III Condominium at 1460 Gulf Boulevard. The City of Clearwater released the following statement about the recent milestone inspection report conducted by Karins Engineering: 'Those documents were provided to their Community Association in August and September of 2024, and the city does not have record of receiving these required building milestone inspection reports by the Dec. 31, 2024, deadline. Per Florida Statute, buildings 30 years old before July 1, 2022, must have their initial inspection by Dec. 31, 2024, and meet all the statutory requirements in order to be in compliance.' On Wednesday, city officials received the phase 1 milestone inspection reports that were issued on August 8, 2024, and Sept. 26, 2024. The report states that the engineer did not observe conditions that would compromise the safety of the building for its intended use and occupancy. 'I don't think it can hurt to have a second opinion,' May said. 'People's lives are at stake. If we go back up there, of course, we want to know that we're safe.' The city issued a permit to a general contractor for temporary shoring. Officials said there will be a threshold inspection to verify the work and to allow occupancy of the building. Additional work will be needed to complete more substantial repairs. According to officials, the Clearwater Building Official will not allow residents to return to the building until a structural engineer delivers a report with confirmation that the structure is stable and safe to occupy. Leaders with the Clearwater Fire and Rescue Division said construction crews saw a crack in one of the beams, noticed the split was widening and called first responders. The 12-story, 140-unit condo building was constructed in 1980. According to the Clearwater permitting website, the structure was inspected last May. The Red Cross is assisting displaced residents. The condo association told residents that it could be three to four more days before until structural engineers verify the building is safe to re-enter. On Thursday, the condo association sent this update to residents: 'While the building is still under no access, we are working on a plan to have resident entry for emergency retrieval of personal items. The City and the Engineer continue to work on stabilizing the building. We anticipate written authorization for emergency access from Karins Engineering within the next 24 hours.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
08-05-2025
- General
- Yahoo
Clearwater condo residents unable to return as crews stabilize cracked pillar
CLEARWATER, Fla. (WFLA) – Crews were at work Wednesday stabilizing and repairing a cracked pillar in a Clearwater Beach condo building. On Tuesday, residents were forced to evacuate from the South Beach III condominium building on Sand Key. Construction crews remained on scene the following day. Lawsuit filed against Jeff Knight in deadly Clearwater Ferry crash 'They shored up the first floor and the second floor, and then they still have to continue to shore up the entire 12-floor building,' said Clearwater Fire Division Chief Jevon Graham. 'There was a support column that was compromised.' The split prompted a massive response on Gulf Boulevard. Sixty people were forced to evacuate, and some residents were carried out on stretchers. Residents will not be able to return home until the project is complete. 'They had to do at least 18 struts and 18 shoring mechanisms for the first floor,' Graham said. 'As they go up again, they just make sure that it's stable and it disperses and supports the weight. They use steel struts and steel beams to make sure that the column isn't going to come down and that the floor and roof was under control and supported.' Officials said the crack was discovered amid the condo renovation project to the garage floor. It's one of many renovations taking place over recent months. 'Of course it's scary,' said resident Bruno Polunic. 'It's always scary to see something like that; but thank God everything is OK. Nobody got hurt. Everybody is good.' Last year, an engineering firm conducted a milestone inspection for the Clearwater Key Association, South Beach III Condominium at 1460 Gulf Boulevard. The City of Clearwater released the following statement about the recent milestone inspection report conducted by Karins Engineering: 'Those documents were provided to their Community Association in August and September of 2024, and the city does not have record of receiving these required building milestone inspection reports by the Dec. 31, 2024, deadline. Per Florida Statute, buildings 30 years old before July 1, 2022, must have their initial inspection by Dec. 31, 2024, and meet all the statutory requirements in order to be in compliance.' On Wednesday, city officials received the phase 1 milestone inspection reports that were issued on August 8, 2024, and Sept. 26, 2024. The report states that the engineer did not observe conditions that would compromise the safety of the building for its intended use and occupancy. The city issued a permit to a general contractor for temporary shoring. Officials say there will be a threshold inspection to verify the work and to allow occupancy of the building. Additional work will be needed to complete more substantial repairs. According to officials, the Clearwater Building Official will not allow residents to return to the building until a structural engineer delivers a report with confirmation that the structure is stable and safe to occupy. Meanwhile, Aurora Donnelly is one of dozens who received evacuation orders. 'What goes through your head is Miami, right? So, I'm running down the stairs saying, 'Oh my gosh, I hope the building doesn't fall down,'' Donnelly said. Support columns in the back of the building were taped off. Leaders with the Clearwater Fire and Rescue Division said construction crews saw a crack in one of the beams, noticed the split was widening and called first responders. 'You have a support column that's displaced, so it's probably a couple feet wide, at least. It's still splitting, and again, it's one of the main supports for the structure,' Graham said. The 12-story, 140-unit condo building was constructed in 1980. According to the Clearwater permitting website, the structure was inspected last May. 'It's a very inconvenient thing, but they were able to evacuate the building in time, nobody got hurt and nobody will get hurt. I strongly believe the engineers, the fire department and police are doing the right things,' said resident David Zusman said. The Red Cross is assisting displaced residents. Graham said there isn't a clear timeline for repairs and that residents likely won't be able to return until structural engineers give the 'all clear.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WFLA.
