Lawmakers in Florida are taking a stand against what they say is a harmful influence on children. A new law recently approved by the Florida House of Representatives attempts to ban children under the age of 16 from using social media platforms.

What are the conditions of the bill, and does it have any chance of going into law?

A Bill to Ban Children from Social Media

Florida lawmakers said they were working to increase safety and protect the mental health of children when both Republicans and Democrats voted to pass House Bill 1 in the Florida House of Representatives.

The bill would forbid any child under the age of 16 from using social media platforms. Even if children have parental permission, they would still be banned from using social media.

The bill would also impact adults.

It would require all social media users to prove their ages and identities. All social media users would need to submit legal identification or use a facial recognition scan to open new accounts and confirm their identities for existing accounts, as reported by the Tampa Bay Times. Under the bill, social media companies would be required to use a third-party program to verify age, and all of the information they collect would need to be immediately deleted upon verification.

Any social media account that does not meet the new age confirmation standards would be shut down.

Related: If Facebook Removes Your Post, Is It Violating Your Freedom of Speech

Which Social Media Sites Would Be Banned?

The bill does not clearly state what punishment social media sites might face if they fail to follow the guidelines of the new law. It also doesn’t clearly state which social media sites would be impacted.

The bill includes language that attempts to define a “social media platform.” The bill defines a social media platform as an online forum, website, or application that does all of the following:

• Allows the social media platform to track the activity of the account holder
• Allows an account holder to upload content or view the content or activity of other account holders
• Allows an account holder to interact with or track other account holders
• Utilizes addictive, harmful, or deceptive design features, or any other feature that is designed to cause an account holder to have an excessive or compulsive need to use or engage with the social media platform
• Allows the utilization of information derived from the social media platform’s tracking of the activity of an account holder to control or target at least part of the content offered to the account holder

The bill attempts to differentiate social media platforms from communication apps. It says the law excludes platforms in which the “predominant or exclusive function” is emailing, direct messaging, streaming licensed media, online shopping, gaming, photo editing, and more.

Related: What to Ask During a Free Consultation with a Lawyer

Will the Law Stand?

The lack of clarity over what constitutes a social media platform is just one of the problems with the bill.

Experts say it will be difficult to determine which sites fall into the category of a social media platform because the lines of applications are blurry. For example, Snapchat is primarily a messaging tool but it is often considered a social media site.

Another problem with the law is that it may violate the First Amendment.

Bob Corn-Revere, a 40-year lawyer on First Amendment rights, made a statement that said, “I’ve never seen a blanket ban on access to constitutionally protected speech like this ever upheld by a court.” He went on to say, “The state doesn’t just get to drop a curtain and say, ‘You can’t read anything unless we say you can.’”

Other states, including Utah, Arkansas, Mississippi, and Ohio, have tried to pass similar yet less restrictive bills. Those bills say kids under 16 are still able to use social media with parental permission. Even so, those bills have also not yet been signed into law. The bills have been either blocked by federal judges or delayed by lawmakers who are trying to make sure the bills won’t be challenged in the courts, per ABC News.

Related: Get Good Legal Representation by Asking This One Question

So, What’s the Status of the Bill?

On January 24, 2024, the bill was passed by the Florida House of Representatives with a vote of 106 to 13, with many Democrats joining the chamber’s Republican majority. The bill must pass the Florida Senate before it would arrive on the desk of Gov. Ron DeSantis.

But the bill landing in front of DeSantis doesn’t mean it will go into law.

DeSantis has said he thinks the bill might be unconstitutional and suggested that it would need to change before it reaches his desk.

Then, even if the bill passes, it might be challenged in the courts.

Know Your Rights

The law is complex and complicated. If you have questions about whether your rights have been violated, talk to an experienced attorney right away. TJ Grimaldi is here to answer your questions, guide you through civil or criminal legal matters, and protect your rights. Schedule your consultation or call 813-226-1023 now.

Did a woman go from ordering Chipotle to being ordered to work at Chipotle? In some ways, yes.

How did a judge come up with such an unusual sentence for a woman who went too far while ordering her burrito bowl?

A Burrito Bowl Blow-Up

On September 5, 2023, Rosemary Hayne, 39, walked into a Chipotle in Parma, Ohio. She ordered a burrito bowl and reached the cashier when something went wrong.

Hayne was not satisfied with the burrito bowl in front of her, and she complained to the Chipotle employee, 26-year-old Emily Russell. The interaction was caught on cell phone footage.

Hayne began to yell at Russell. Hayne then picked up the freshly made burrito bowl and threw it into Russell’s face. Russell was only a few feet from Hayne, and the bowl erupted and splattered all over the quick-service restaurant employee.

Hayne then stormed out of the restaurant.

But the story did not end there.

Related: Get Good Legal Representation by Asking This One Question

Criminal Charges for Throwing a Burrito Bowl

Hayne faced criminal charges for the assault. The case was brought in front of Parma Municipal Court Judge Timothy P. Gilligan.

Hayen didn’t fight the charges and pleaded guilty to a misdemeanor assault charge, per CNN.

The judge initially sentenced Hayen to 180 days in jail but then changed his mind.

“Every time you watch the video, it makes you more and more upset,” he said. “I was thinking, what else can I do rather than just have her sit in jail?”

The judge decided to come up with a creative punishment. He asked Hayen to go to work at a fast-food restaurant.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Sentenced to Work at a Fast Food Restaurant

The judge told Hayen she had two options. She could serve a 90-day jail sentence or a 30-day sentence along with 60 days of working at a fast food job.

As part of the ruling, Hayen doesn’t need to work at Chipotle. She only has to work in a similar restaurant for at least 20 hours per week. She must secure the job and complete the hours before March 12, 2024, when she must start her jail time.

The judge says he considered that Hayen had no previous criminal history. “So I thought, why should the city taxpayers pay for her and feed her for 90 days in the jail if I can teach her a sense of empathy?“ the judge said. “I also hope this deters others from this type of behavior.”

Hayne was also fined $250 and ordered to serve two months of probation and refrain from having contact with the victim.

Russell, the victim of the assault, quit her job at Chipotle after the incident. She had worked at the restaurant for roughly four years. She said she felt the sentence was fair, per reporting by CBS News.

Related: Misdemeanor vs Felony: What’s the Difference? 

Avoiding a Tougher Punishment

In Ohio, assault is a first-degree misdemeanor that can carry penalties of up to six months in jail and $1,000 in fines.

In Florida, assault is defined by Chapter 784 as, “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”

It is considered a second-degree misdemeanor in Florida and can result in:

• Probation up to 60 days
• Fines up to $500
• Up to 60 days in jail

Thanks to the judge’s creative sentencing, Hayen may serve less jail time. But if she does not find employment and serve her hours before her jail time begins in March, she may end up serving the original sentence of 90 days.

As of December 6, Hayen had yet to find employment at a restaurant.

Related: 6 Signs You Need a New Attorney

Navigate Legal Surprises with an Experienced Attorney

The legal process can be full of surprises. Don’t go into any case assuming things will go as planned. Hire an experienced attorney to have by your side to navigate any unexpected challenges or surprises.

Talk to an attorney who can help you know what to expect and guide you through any curve balls in your criminal or civil case. Discuss your can with TJ Grimaldi today. Request your consultation or call 813-226-1023.

No one expected the outcome of a hockey game in England to end with bloodshed. But that’s what happened after a player’s skate hit another player in the neck.

The player began to bleed heavily as he was taken off the ice. He later died from his injuries. Now, the player who caused the injury is being investigated for manslaughter. Will he be charged, and if so, what consequences will he face?

What Happened on the Ice?

October 28, 2023, was an ordinary day on the ice at Utilita Arena in Sheffield, England. The Sheffield Steelers were taking on the Nottingham Panthers in a Challenge Cup game.

In the second period, Adam Johnson, a 29-year-old member of the Nottingham Panthers, had the puck and was skating toward the net. Sheffield Steelers player Matt Petgrave skated quickly in Johnson’s direction. When he got closer, he collided with another Panther player, according to reporting by the Associated Press.

The collision caused Petgrave to kick his left skate into the air, where it made contact with Johnson’s neck.

Johnson hit the ground and began bleeding. He was able to stand and was helped to the side of the rink where he collapsed. He was rushed to Sheffield’s Northern General Hospital, but his injury was too severe.

Johnson died from “an incised wound to the neck caused by the skate of another player,” the coroner’s report would later indicate.

The Police Begin Their Investigation

The Nottingham Panthers called what happened on the ice that day a “freak accident.”

But South Yorkshire Police (SYP) investigated it as a crime.

Detective chief superintendent, Becs Horsfall said in a police statement, “Our investigation launched immediately following this tragedy, and we have been carrying out extensive enquiries ever since to piece together the events which led to the loss of Adam in these unprecedented circumstances.”

Their investigation led to Petgrave being arrested on suspicion of manslaughter on November 14, 2023.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Arrested for Suspicion of Manslaughter

Johnson was brought in for questioning and released the same day on police bail. He was not charged.

It appears police are not ready to make a decision on whether or not to charge Johnson.

SYP police detective chief superintendent Becs Horsfall said, “We have been speaking to highly specialized experts in their field to assist in our enquiries and continue to work closely with the health and safety department at Sheffield City Council, which is supporting our ongoing investigation.”

In the United Kingdom, manslaughter is defined similarly to how it is defined in the United States. Manslaughter is charged when a person engaged in conduct that was grossly negligent or in some way unlawful and their actions resulted in the death of another person.

Unlike murder, there is no premeditation in the case of manslaughter. The responsible party did not intend to kill another person.

In Florida, manslaughter is defined under Florida Statute 782.07. For a defendant to be found guilty of manslaughter, one or more of the following things must be proven.

• The defendant must have intentionally completed an act that led to the death of another person.
• The defendant must have persuaded or encouraged another person to complete an act that led to that person’s death.
• The defendant must have been culpably negligent which led to the death of another person.

Related: What to Ask During a Free Consultation with a Lawyer

What Consequence Does The Player Face?

In England, there is no mandatory or minimum sentence for manslaughter. A judge gives out the punishment based on the unique case. A judge may sentence a person convicted of manslaughter to no jail time, or they could deliver a sentence of life in prison. If Petgrave were charged and convicted, a judge would determine his fate.

In Florida, manslaughter by culpable negligence is a second-degree felony. It can result in up to 15 years in prison, 15 years of probation, and a $10,000 fine.

In the United States, a case like this could also lead to a possible wrongful death case. A wrongful death case is a civil lawsuit filed when a person has died as a result of the negligence of another person or business.

At this time, it is unclear if Petgrave will be officially charged with a crime. Police will continue their investigation to see if they have enough evidence to file criminal charges.

Related: What’s the Difference Between a Civil and Criminal Case?

See All Sides with an Attorney You Can Trust

In many situations, the lines of the law can be blurry. If you are involved in any type of legal matter — whether it be civil or criminal — make sure you have an attorney who can help you see all sides. Work with an attorney who will help you make sense of your case and fight to get you the best possible outcome.

Need legal advice? Get a free consultation with attorney TJ Grimaldi. Request your consultation or call 813-226-1023 today.

NBA basketball player Brandon Miller should be having the year of his life. Miller is playing for the Charlotte Hornets after being the second overall pick in the 2023 NBA draft. In July, he signed a contract worth $49 million.

But now, Miller is facing legal challenges.

He was just named in a wrongful death lawsuit that seeks to find out what happened when he was at the scene where a 23-year-old woman was shot to death. What happened, and what does it mean for Miller’s future?

A Shooting Near Campus

On the night of January 15, 2023, Brandon Miller was out with friends near the campus of the University of Alabama, where Miller played as a star forward for the Alabama men’s basketball team.

Miller dropped off his friend, Darius Miles, at a club called Twelve25. Miller decided not to go into the club because the line was too long, and he drove away.

Miles went into the club, as did Jamea Jonae Harris and her boyfriend Cedric Johnson. While there are no reports of the individuals interacting in the club, Miles approached the couple after leaving. Along with him was his friend, Michael “Buzz” Davis.

A breakdown of the events that occurred after the individuals left the club shows Miles and Davis repeatedly interacting with Harris and Johnson even after the couple told the men to leave them alone.

At some point, Miles and Davis called Miller to pick them up. According to reports, Miles told Miller to bring his gun. Sometime after Miller arrived, Davis went to Miller’s car, retrieved the gun, and shot it at the vehicle holding Harris and Johnson. Harris fired back at Miller’s car.

Davis, Harris, and Johnson were all shot.

Harris died from her injuries.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Miller’s Alleged Role in the Shooting

Both Miles and Davis were arrested and charged with capital murder. Miller was not criminally charged in the case.

But now Miller is being reintroduced in the case as Harris’s family have filed a wrongful death lawsuit in the U.S. District Court for the Northern District of Alabama Western Division.

Miller is named along with Miles and Davis in the court documents.

The lawsuit alleges that Miller “knew or should have known that bringing a dangerous weapon to a dispute and discharging said weapon would likely result in harm.”

Lawyers want to talk to Miller about what he witnessed and determine whether or not his actions played a role in Harris’s death.

Miller’s attorney, Jim Standridge, has said that Miller had “no knowledge of any intent to use the weapon” and that he “never touched the gun” nor was involved in its “exchange,” according to the New York Post.

The lawsuit says the case is worth looking into. “The family would like the opportunity, through their attorneys, to investigate why and how the gun was brought to the scene of a confrontation that resulted in the death of their daughter. Once we have had the opportunity to evaluate the evidence in the case, we can make decisions about the degree of culpability, if any, of each,” the lawsuit said.

So, will Miller potentially face consequences?

Related: Examples of Wrongful Death Cases Worth Fighting For

Potential Consequences of Wrongful Death Lawsuit

Wrongful death lawsuits are civil cases separate from criminal charges. Cases aim to hold parties accountable when their recklessness or carelessness led to the death of an individual.

Lawyers for Harris’s family say her injuries and death were “a direct or proximate consequence of the negligence or wantonness” of each of the three defendants.

While the role Miles and Davis played in Harris’s death is well documented. Harris’s family will need to show that Miller was also partly responsible. They will need to prove:

• Miller was aware of an unsafe condition but failed to act.
• Miller’s inaction directly led to the death of Harris.
• Harris’s death caused monetary and emotional damage to the family.

If Miller is found guilty, he will face no jail time. The wrongful death is a civil case. The consequences of the case would only be financial. If found guilty, Miller may owe financial compensation to the family.

Related: How Do You Sue for Wrongful Death? 

Talk to a Trusted Wrongful Death Attorney

Losing a loved one is one of the worst things a person can go through. We understand and are here to help you through it. If you have legal questions or concerns about the situation that led to the death of a loved one, talk to a wrongful death attorney. While the law can’t bring back your loved one, it can help to bring justice to you and your family.

Talk to a trusted wrongful death attorney today. Request an appointment or call 813-226-1023 to talk to attorney TJ Grimaldi.

A man was following the directions of the Google Maps mobile application when his car toppled off a collapsed bridge. The man didn’t survive the fall, and now, his family is suing the parties who they say should have prevented the accident from happening.

What led to this tragedy, and who will be held responsible?

A Preventable Accident

On the night of September 30, 2022, Philip Paxson, 47, was driving to his home near Hickory, North Carolina. It was raining, and Paxson was in an area he was unfamiliar with. The father of two was leaving a birthday party that he had attended with his wife and children. They left the party while Paxson stayed after to help clean up.

To direct him home, Paxson turned on Google Maps. He followed the app’s directions as it told him to turn on a road with a bridge — but the bridge was not there. Per reporting by Fox 13, the bridge leading across Snow Creek was in disrepair and uncrossable, and it didn’t have any barriers or warning signs.

As Paxton came upon the bridge, his Jeep Gladiator dropped twenty feet and flipped over into the creek. Paxson was trapped in the car and drowned.

Related: Examples of Wrongful Death Cases Worth Fighting For

A Case of Negligence

The bridge that Google Maps told Paxson to cross had collapsed nine years earlier.

Despite being a visible hazard and known to the public, the bridge had never been repaired and had not been removed from Google Maps route information.

North Carolina State Patrol says the state is not responsible. They say the road and bridge are not maintained by local or state officials.

Paxson’s family is suing the people they say are responsible.

The family filed a lawsuit for negligence in North Carolina’s Wake County Superior Court. The lawsuit names two businesses and an individual — Hinckley Gauvain LLC, Tarde LLC, and James Tarlton, who owns Tarde. The family says these entities owned, controlled, and were responsible for the collapsed bridge and the land it is on.

The family is also suing Google, which is owned by the parent company Alphabet.

Related: Personal Injury Compensation: What Can You Fight For?

Is Google Liable?

The lawsuit accuses Google of being negligent leading up to the accident.

According to the lawsuit, multiple people had contacted Google Maps, notified them about the washed-out bridge, and asked them to update the route information.

The lawsuit mentions a record of the “suggest and edit” feature used in September 2020. It includes a copy of an email notification from Google confirming that it received the report about the bridge and that the company was reviewing the suggested change, but nothing was done.

Over a year after the accident, Google Maps is still directing drivers to cross the collapsed bridge, and the bridge has not been repaired, according to The New York Times.

“For years before this tragedy, Hickory residents asked for the road to be fixed or properly barricaded before someone was hurt or killed. Their demands went unanswered,” Paxson family attorney Robert Zimmerman said in a statement to CNN.

“We’ve discovered that Google Maps misdirected motorists like Mr. Paxson onto this collapsed road for years, despite receiving complaints from the public demanding that Google fix its map and directions to mark the road as CLOSED,” he went on.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

A Wrongful Death Claim

The lawsuit against Google and the additional parties claims negligence and willful and wanton conduct by the companies. It seeks an unspecified amount in punitive damages.

For Paxson’s family to win their case, they will need to prove:

• The accident was due to the negligence of the named parties.
• The at-fault parties had an opportunity to make the situation safe but failed to act.
• The accident led to physical, financial, and emotional damages.

The lawsuit seeks punitive damages, which go beyond the scope of compensation generally given in civil lawsuits. Punitive damages, also known as exemplary damages, are additional damages awarded to punish defendants for outrageous behavior and to motivate them to reform their actions to prevent similar future incidents.

Related: How to Prove Fault in Personal Injury Case

Seek Justice for Wrongful Death

You deserve to live, work, and travel in conditions that are safe. If you or a loved one were injured or harmed as the result of a company’s or person’s negligence, you are entitled to damages and justice.

Talk to a personal injury or wrongful death attorney about the situation that led to the injury, and get a plan to fight to get what is due to you. Talk to TJ Grimaldi to see how he can fight to get compensation and justice for you or your loved one. Schedule your consultation or call 813-226-1023 now.