3. CIVIL LIABILITY
OPEN HOUSE PARTY:
Case law has clearly established that a social host bears liability
under the theory of Negligence Per Se when a tortfeasor violates a
penal statute designed to protect a class of persons of which the
plaintiff is a member. By enacting Fla. Stat. § 856.015 (2012), the
legislature imposed a duty on a social host and created a civil
cause of action for a statutory violation. Newsome v. Haffner, 710
So. 2d 184( 1st DCA 1998); Trainor v. Hanson, 740 So. 2d 1201
(2nd DCA, 1999).
legislature imposed a duty of care to individuals who exert authority,
ability to regulate, direct or dominate a residence where a social
gathering takes place, if any alcoholic beverages or drugs are
possessed or consumed at said residence by any minor where the
person knows that an alcoholic beverage or drug is in the
possession of or being consumed by a minor at said residence and
where the person fails to take reasonable steps to prevent the
possession or consumption of the alcoholic beverage or drug.
§856.015 Fla. Stat. (2012
5. CIVIL LIABILITY
Generally Parent/ Guardian not liable for torts of child unless:
Parent entrusts child with instrumentality which because of child’s lack of
age, judgment, or experience may become a source of danger to others
(car, boat, jet ski, gun, explosives)
Where child is acting as a servant or agent of the parent. (employee)
Where parent directs or sanctions wrongdoing (intentional tort/crime)
Where parent fails to exercise control over the minor child when parent
knows or should know that injury to another is possible.
Negligence of Willful Misconduct of minor driving a motor vehicle
Any person under 18 must have their application signed by parent/guardian
Any negligence or misconduct of the minor is imputed to the parent/guardian
who signed the application
Minor and parent/guardian are jointly and severally liable for injury/damages
caused be minor
Parent/ guardian is liable for compensatory damages but not for punitive
damages
If child is driving car in the name of one parent, other parent may be
vicariously liable if other parent has authority to exert control over motor
vehicle.
7. CIVIL LIABILITY
Intentional torts/ crimes
By enacting Fla. Stat. § 856.015 (2012), the
legislature imposed a duty and created a civil cause
of action for a statutory violation. Newsome v.
Haffner, 710 So. 2d 184( 1st DCA 1998); Trainor v.
Hanson, 740 So. 2d 1201 (2nd DCA, 1999).
Can be sued for damages caused during
commission of a act that is prohibited by law
Where parent directs or sanctions wrongdoing
parent may also liable
Where parent fails to exercise control over the minor
child when parent knows or should know that injury
to another is possible, parent may also be liable.
8. CIVIL LIABILITY
Causes of action for damages to children
Minors do not have standing to do the following:
○ Contract (for non-essentials)
○ File law suites
○ Marry (without permission)
Parent/ Guardian may file lawsuits on minors’ behalf
○ Any settlement $15,000.00 or above must be approved
by court
○ Guardianship must be established
○ Parents can not use minor’s settlement for ordinary
expenses commonly attributable to parents/guardians
○ Court requires regular accounting of guardianship funds
10. TRAFFIC
Driving
Adult activity calls for adult sanctions
regardless of age.
Civil and criminal traffic infractions
○ appear on permanent driving record
○ Dealt with in Adult Court
Must be enrolled in school to maintain
Drivers license if under the age of 18.
○ Dropping out from school prior to age 18
revokes minors driving privileges
12. JUVENILE DELINQUENCY
Overview of the delinquency process
Youth is arrested by police
Taken to Juvenile Assessment center for
processing- most common
Youth released to parent or guardian-
frequently used for personal use drug
offenses
Direct Diversion by police- rarely used
13. JUVENILE DELINQUENCY
Youth arrives at Juvenile assessment center
- Youth is screened
Suicide risk
mental health
Substance abuse/ urinalysis
Photographed by PSCO
Youth is scored on Detention Risk assessment instrument to
determine:
Criteria determined by:
○ Instant offense
○ Prior record
○ Pending charges
○ Runaway status
○ Current legal status (probation, committed, intake)
Held in Juvenile Detention Center if scores 12 points
Released on home detention 7-11 points
Released outright- 6 points or less
14. JUVENILE DELINQUENCY
Advisor hearing
Judge determines of probably cause exists to hold youth
If score Juvenile detention (21 days mandatory)
○ Counselors may early release
home detention- subject to parent’ guardian’s rules
Domestic violence charges- even if no score for detention under “tough love” bill
Intake
- if youth is outright released
- scheduled face-to face appointment with Juvenile probation within 20 days for
interview
- Juvenile probation Interview will determine recommendation to State Attorney’s
office
Juvenile Probation Recommendations include:
1.non-judicial diversion program
2 Court action (in cases of serious offenses or prior history)
a. Court supervised probation
b. Department of juvenile justice probation
3. Commitment (determined by seriousness of charges, prior record, consideration
for placement in a residential program)
15. JUVENILE DELINQUENCY
Non-judicial Diversion programs
Juvenile arbitration
Juvenile arbitration STOP program
Drug Court
COMPASS
State Attorney Safe School Program
Intensive Delinquency Diversion services
Post Detention Coordination Services
Home Builder’s Institute/ Project CRAFT
Prodigy
16. JUVENILE DELINQUENCY
Judicial plans
Youth appears before a Circuit Court Judge
Court ordered participation in Juvenile
Arbitration
Judicial Plan
Early Delinquency Intervention and Prevention
Program
Probation
○ Court supervised
○ Department of Juvenile Justice supervised
Commitment
17. SEALING AND
EXPUNCTION
JUVENILES
Sealing and expunction are available to a minor to the
same extent that they are available to adults
Although, due to the widely held misconception that the
statutorily confidentiality of Florida Juvenile records is
tantamount to the sealing of a juvenile record upon the
reaching of the age of 18, very few people undertake the
sealing or expunction of juvenile records.
19. MILITARY SERVICE
All branches of service asses “moral
quality” of potential recruits
Several categories of moral offenses preclude
enlistment
○ Primarily identified by criminal record
No sealed or expunged records
○ Military has access to local and federal databases
○ Applicants must required to disclose any incidents
resulting in an arrest or in charges being filed
○ If offense is not disclosed Federal of UCMJ
charges for False Statement or Fraudulent
Enlistment
20. MILITARY SERVICE
• Disqualifiers requiring waivers :
○ Army
6 or more traffic infractions (speeding tickets)
3 or more minor non-traffic offenses ($100.00 fine)
2 or more misdemeanors
1 felony
○ Air Force
1 or more category 1,2,3 convictions or adverse adjudications
2 or more convictions or adverse adjudications in 36 months
3 or more category 4 convictions or adverse adjudications in a
lifetime
6 or more category 5 convictions or adverse adjudications in
any 365 day period in the last 36 months
