As a parent, we put our children in the hands of others as they go to daycare, preschool, school or even child care. In the event of sexual abuse, the law imposes serious and significant punishment. Florida law also provides the victim of sexual abuse with the rights to bring a civil action against the perpetrator and, if applicable, his or her employer. Florid law will, in most cases, hold the employer of the perpetrator vicariously liable for the wrongs of its employee. Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, also referred to as "respondeat superior". Simply put, the employer is responsible for the acts of its subordinates. It is also well recognized in Florida that a daycare, preschool, or school owes your child a fiduciary duty. A fiduciary duty is a legal duty to act solely in another person's interests.
The threat to children's health presented by second hand smoke has become a wide spread topic of discussion. WEAR out of Pensacola reports that there is a potential law that is slowly moving through the Florida legislature where people who smoke in their cars with kids under 13 could be stopped by police. This past Tuesday it passed a state senate health committee. The new bill would have people fined for the non-moving violation range from 116 to 129 dollars. State Senator Arthenia Joyner supports the bill. She thinks it will help children. It wouldn't be the first time a law like this was passed in the United States. Seven other states and Puerto Rico enforce a ban on smoking with a child in the car. The only difference comes down to the age that is enforced.