Irving Slosberg on Florida`s Texting While Driving

SPRI NG 2015 E DITION
Irving Slosberg on Florida’s Texting While Driving Law
What’s New At LOCG
Medicare Changes How It Ranks Nursing Homes
New Client Video Testimonials
LOCG En Español
Community Outreach and Support
Employee Spotlight
REPRESENTING CLIENTS THROUGHOUT FLORIDA
P R I N CI P A L O FFIC E: WEST PALM BEAC H
A Letter From Irv
District 91 Representative
How Florida’s Ban on Texting While Driving Lost It’s Tread
This edition’s letter is a guest column written by Florida House Representative Irving “Irv” Slosberg, representing the 91st district. Mr. Slosberg was a sitting
Representative in 2012 when the ban on texting while driving in Florida was introduced. In this letter exclusively written for our newsletter, he offers his perspective.
We have a mass epidemic of distracted driving all across the nation. Unfortunately, Florida has some of the weakest traffic safety laws in the United States.
In addition, Florida is ranked as having the sixth-worst drivers overall, leaving
us with some of the deadliest roads in the country. We are one of the only
states to not have a primary enforcement “no texting and driving” law. It is
my job, as a State Representative, to try and change these laws and promote
greater public safety.
Texting and driving is just as dangerous as drunk driving, yet our laws on these
two issues are completely unequal. Drivers who are texting are 23 times more
likely to cause a crash. The National Highway & Traffic Safety Association estimates 28% of all car crashes occur when people are using their phone. Distracted driving kills thousands of people every year, but our state is failing to
take this dangerous epidemic seriously.
Most people would think that traffic safety is a non-partisan, non-political
no-brainer. However, that is far from the truth in Florida. Road safety laws are passed at a sluggish pace, and
they are held up in the legislative process for a variety of reasons. When we do finally put a law on the books, it
is usually a watered-down, unenforceable version of the original bill. The Florida Ban on Texting while Driving
Law is a prime example of how traffic safety laws are passed in our state.
In 2013, the Legislature enacted the Florida Ban on Texting While Driving Law. The bill started as a strong proposal, with primary enforcement and little exceptions. However, as it made its way through the process, it was
watered down in each committee to allow drivers to use their cell phones at red lights and for navigational
purposes. It also became a secondary enforcement law, meaning police officers could not stop drivers solely
for violating this law – a driver would need to be committing another traffic infraction as well before a police
office could pull them over.
Lastly, the bill was amended on the legislative floor to only allow phone records to be used by police officers
in severe car crashes involving death or serious injury. Although it is beneficial to finally have a law on the
books, it has done little to stop distracted driving. There have been very few citations given thus far all across
the state, because the law is so hard to enforce.
I understand how the process works and will continue to propose bills that strengthen our laws. One of the
bills I sponsored this session will increase the penalties for fatal crashes caused by texting and driving. This bill
provides that a driver can be charged with vehicular homicide, if they cause a fatal car crash while breaking
the “no texting” law. Drivers could be charged with a 1st or 2nd degree crime, depending on the circumstances. This will allow prosecutors to charge distracted drivers similar to drunk drivers, as their crimes are equally
as illegal and dangerous.
I filed several bills that increase our current law, in the hopes our lawmakers will find them easier to swallow.
One bill makes texting and driving a primary offense only in school zones. Another bill I proposed will prohibit
all cell phone use for drivers under 18 years old. Minors are children, and I don’t think any parent wants their
child on a cell phone while driving.
Hopefully, the Legislature will pass some of these small but important changes to our far too lenient law. I will
be patient and persistent, and keep pounding the table each year to improve traffic safety in the state of Florida. As legislators, public safety is our number one priority, and I will continue to try to make our roads safer
this legislative session.
-Irving “Irv” Slosberg (D-Boca Raton), Florida House of Representatives
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SPRING 2015
What’s New at LOCG
Firm Celebrations
What’s New at the Law Offices of Craig Goldenfarb
Big Dog Ranch Rescue Blanket Donations
Two of our Firm’s employees, Kym Schoenberg
and Sue Newall, wanted to do something special
for Big Dog Ranch Rescue, a Florida non-profit committed to saving dogs of all breeds from
“kill shelters”, and educating the public on canine welfare.
Together, they organized a blanket donation
drive and collected dozens of comfortable,
warming blankets for the many dogs at the
ranch.
See Facebook photos: gld.la/locg-bdrr
Firm Celebrates Employee Appreciation Week
Employee Appreciation Day falls on the first Friday of every March. This year, Craig and the firm
took the celebration a step further - and made a
whole week out of it!
During the first week of March 2015, employees
came to work to find a new “gift” on their desk
each morning! From gift cards to hot cocoa, to a
catered lunch and desert, each day brought a new
surprise.
Thanks to Michelle Winfree, our firm’s Office
Administrator, for organizing such a wonderful
week.
Health and Wellness Experience 2015
BIG Life Changes at LOCG!
We love to celebrate life’s big changes by hosting
celebrations for our employees!
For the second year in a row, LOCG was a
sponsor at the CBS12 Health & Wellness
Experience in Boca Raton for 2015.
Watch the video here: gld.la/hwe15
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Jessica Phillips and her husband will be welcoming
their baby, Ava, in April. We wish her all the best in
her new job as “Mommy”!
Tom Copeland was married in
Savannah, GA in February.
Congratulations, newlyweds!
SPRING 2015
Health Watch
Nursing Home Compare
New National Ratings Affect Palm Beach County Nursing Homes
By Craig Goldenfarb
Earlier this year, the official U.S. website for Medicare (Medicare.gov) significantly
altered the scoring method used for rating the nation’s nursing homes in its informative online database and comparison tool, “Nursing Home Compare”.
Following the new scoring model rolled out in February of 2015, more than 60% of
nursing homes saw their overall quality score decrease, though in most instances,
not dramatically. However, 28% of those facilities who were adversely affected by
the scoring changes saw their overall quality score lowered by a one full star.
Nursing Home Compare is a website run by Medicare.gov that keeps up-to-date
quality of care information on every Medicare and Medicaid-certified nursing home
in the nation. If you’re concerned about avoiding the risk of nursing home abuse or
neglect occuring, it’s a great asset. The website calculates quality of care scores for
more than 15,000 facilities in all 50 states, and is accessed by 1.5 million visitors a
year. There are 55 nursing home facilities in Palm Beach County that are ranked in
Nursing Home Compare.
Two Palm Beach County facilities stand-out as having the worst scores in both overall quality and individual categories following the nationwide roll-out of the new
scoring systems. They are Glades Health Care Center in Pahokee, and Heartland
Health Care and Rehabilitation Center in Boca Raton.
Only two facilities carry 5-stars on every scoring level - those are Harbours Edge in
Delray Beach, and Joseph L Morse Geriatric Center in West Palm Beach. Both facilities are non-profit, and both received a total number of health deficiencies that
were well below the average for Florida in the last year.
The takeaway from this article is that the newly incorporated changes to how
Medicare and Nursing Home Compare scores the nation’s facilities has, on average, lowered the overall quality score for many facilities. In Palm Beach County,
many overall scores were lowered among facilities that already suffered from a low
overall score, as expected. But some facilities were rewarded with a higher overall
score. For information on how to use Nursing Home Compare, and to run your own
comparision of different nursing homes in Palm Beach County, visit the website
Medicare.gov/NursingHomeCompare.
Read the full article on our website, featuring insightful analysis on the best and
worst nursing homes in Palm Beach County according to the new quality scoring
methods of Nursing Home Compare, using this link: gld.la/NHC-Scores
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How “Nursing Home Compare”
scores are calculated
The website uses a 5-star scoring system to calculate an overall quality
score for every nursing home in the
country that participates in Medicare
or Medicaid. Each nursing home is
scored based on three different areas
that affect the level of care the facility
provides: health inspections, quality
measures, and staffing.
According to Federal officials, the new
system of scoring:
-Introduced a quality measure tied to
the rate of newly-prescribed anti-psychotic drugs and treatments to shortstay patients
-Increased the number of points required to get an overall quality score
higher than 2 stars
-Increased the requirements to
achieve a higher score in the “level
of care” category for staffing, a critical component of the overall quality
score
The Worst Nursing Homes in Palm
Beach County
Glades Health Care Center
Overall Quality Score - 1 Star
Heartland Health Care Center
Overall Quality Score - 1 Star
The Best Nursing Homes in Palm
Beach County
Harbours Edge, Delray
Overall Quality Score - 5 Star
Joseph L. Morse Geriatric Center
Overall Quality Score - 5 Star
SPRING 2015
Video Testimonials
LOCG En Español
Real Video Testimonials From Real Clients
Lights, Camera...Action! We are so pleased to release our new client video testimonials on the web and local
broadcast television. These are real stories of people who were injured in an accident or a fall, and hired our
firm to help them get their life back on track. Our clients are a diverse group of people, who prove that bad
things can happen to good people. When they do, we can help .
We want to take a moment to say thank you to many of our clients who agreed to participate in this film
project. These testimonials were all shot locally in West Palm Beach. Short-format (00:30) versions are currently
airing on local television broadcast stations.
Watch the extended versions of our client testimonials on our YouTube page: gld.la/yt-playlist
Want to offer to participate in a client testimonial video? Call Tom Copeland, Marketing Director, at (561) 6974440, or send him an email at [email protected], and we’ll schedule a day and time to shoot. We
come to you, and it’s a great way to say thanks to Mr. Goldenfarb and our firm for doing a good job for you!
Craig Goldenfarb En Español
Abogado Colombiano Jorge Maxion quien es asociado con la oficina legal de Craig Goldenfarb presenta un programa en la emisora
de la radio ESPN Deportes 760AM en conjunto con Julian Zaldivar
llamada La Ley De Los Deportes.
Un programa nuevo se transmite cada otro Sabado al medio dia,
12pm en punto. Tu puedes escuchar y disfrutar del comentario entretenido sobre deportes como el futbol, beisbol, basquetbol, futbol
Americano y lucha libre incluyendo un punto de vista legal.
Community Outreach
This year, our firm has sponsored many
worthy organizations, including:
Palm Beach Gardens Youth Athletic Association
-Girl’s Fastpitch Traveling Softball Team
Alzheimers’ Association
-Promise Garden Luncheon and Spring Fashion Show
Leukemia & Lymphoma Society
-Cars and Casino Night Benefit for LLS Woman of the
Year Award Candidate Dr. Alessandra Colon
La Ley De Los Deportes
- Sabados 12:00 p.m. ESPN Deportes 760AM
gld.la/deportes-podcast
Charlene Maxion, Hector Riviera, Jorge Maxion, and
Alessando Colon pose at the Cars and Casino Night Benefit
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SPRING 2015
Florida Hit-And-Run
Accidents
Five Things You Should Do To Avoid Being a Hit-And-Run Victim
Florida is commonly named among states with the highest reported instances of hit-and-run crashes, and it's
no mystery that South Florida leads the state. Out of about 70,000 total crashes in 2012, almost a third of those
accidents, or about 23,000, involved a hit-and-run victim in Miami Dade, Broward, or Palm Beach County, according to data from the Florida Highway Safety and Motor Vehicles (FHSMV).
As this phenomenon continues to grow, and people continue to be injured and killed in South Florida by irresponsible drivers, what does it take to keep you and your family safe on the roadways? Here are five tips to
follow.
Be a defensive driver.
Being a defensive driver means that while you’re behind the wheel, you are constantly watching for erratic or
dangerous drivers, and actively avoiding them. Stay off your cell phone while driving, and avoid other distractions, like GPS navigation, or fiddling with the car radio. A common type of hit-and-run is the “fender-bender”
– an avoidable accident that occurs when a distracted driver collides with the back of your vehicle. Always be
watching your rear-view mirror for speeding or for “tailgating” by drivers behind you.
Be a vigilante.
Being a good driver also means watching out for other good drivers who find themselves in a collision with
someone who is intent on fleeing the accident scene. Regardless of how “serious” the collision seems, if you
witness a driver fleeing the scene of an accident, do whatever is within your means to obtain that fleeing
driver’s license plate number. Palm Beach County Sherriff’s officers would not recommend you pursue the
criminal any further – if you can get that tag number, they can handle it from there. Try to remember to get the
best description of the car you can remember. Do not call the police while you are in pursuit. Instead, as soon
as you can get the tag number and a description, pull over to call 911 and provide them with the information.
Be an aware pedestrian.
About two-fifths of all fatal hit-and-run accidents in Florida involved a pedestrian. This is an incredibly sad, but
common tragedy. By no means are we to assume that those who have lost their lives in pedestrian hit-and-run
accidents were not acting safety. It is important, though, to be reminded of some basic, obvious precautions.
Cross streets only at intersections, and use the designated cross-walk. This is especially important at night, or
on poorly-illuminated roads. Avoid crossing major roads like Okeechobee Blvd at any point other than within
the designated cross-walk. Finally, don’t take unnecessary risks – wait until the road is completely clear. Pedestrian accidents can easily occur when a pedestrian fails to see a vehicle approaching because he or she was in
the blind spot of a vehicle’s driver.
Avoid driving or walking around major intersections on busy holiday nights.
There is an obvious correlation between hit-and-run vehicles and impaired drivers that has been made by
many state highway vehicle safety researchers, including FHSMV. A large percentage of hit-and-run perpetrators are later caught and charged with a DUI (we’ll explain how and why in the next point). Avoid being on the
roadways during holidays and high-traffic times, and you can significantly cut down on the risk of being hit
by a drunk hit-and-run driver.
Purchase Uninsured/Underinsured Motorist Coverage.
Uninsured or Underinsured Motorist Coverage (UM) is an auto insurance benefit that you can purchase along
with your state-required PIP and bodily injury coverage. If you have UM coverage, your insurer will pay you for
damages in the event that you sustain injury as a result of a collision with a hit-and-run driver. If you’re hit by
someone who doesn’t carry insurance, or who flees, you may not have a personal injury case, because there is
no insurance to pursue. UM fills in that gap. The best part about UM coverage is that it doesn’t cost very much.
That’s why UM coverage is a no-brainer to carry, especially for Florida drivers.
If you have been the victim of a hit-and-run accident, you may still be able to obtain compensation
for your injuries. Call our office at 1-800-GOLD-LAW to find out if we can help.
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SPRING 2015
Employee Spotlight
Refer A Case To Us
Employee Spotlight: Marketing Director Tom Copeland
Each time we publish this newsletter, Craig and I discuss which team member
we want to feature in this section, the “Employee Spotlight”. Once we have
chosen our interviewee, I schedule a time to sit and chat with that person for
a comfortable, relaxed conversation. I ask them questions about who they are
as an individual. We talk about their daily work, their passions, and their hobbies. I try to find out new and interesting things about this person that I and
others may not know. It’s collaborative, and it’s always fun.
Each person I interview is different, but there is an underlying fabric that
weaves us all together – it’s that we love our jobs, and love working for this
law firm.
I’m always impressed by how much of the interview the featured team member voluntarily spends talking about the very personal reasons they get up
each morning to come work here. Sure, it’s for a paycheck. But any one of us
can get a paycheck anywhere, so there’s more to it than just that.
Speaking for myself, I come to work every day with a smile on my face thanks to the people I’m surrounded
by. We have forty employees who are like one big family, without the inevitable dysfunction that comes with
being in a family. We spend time with each other outside of work. We support each other in major life achievements. And when adversity or tragedy strikes one of us, it strikes all of us.
This isn’t fluff; this is our corporate culture. This culture allows us, in fact encourages us, to be ourselves. As
employees, we have a major voice and influence in matters and policies that affect the efficiency and effectiveness of our work. For improvements, suggestions, comments, or complaints, there’s always an open-door
invitation for discussion at every level of our firm.
I’m a young man with limited experience, but I’ve lived long enough to know one thing: there is no better
satisfaction than to live for a purpose. Everyone has a purpose in life...the trick is to find the purpose that best
suits who and what you want to be known for. The purpose I’ve found is my career and helping others, and I’m
grateful to work for an employer who allows me to pursue both.
Is this how it is at other law firms? I don’t know, but I also don’t care to find out.
Tom Copeland is the Marketing Director at the Law Offices of Craig Goldenfarb, P.A. Tom graduated with a Bachelor’s Degree in Business Administration from the University of Florida. Tom is an avid fisherman and diver, volunteers
with several non-profit organizations, and enjoys learning about technology, analytics, and the world around him.
How To Refer A Case To Our Firm
Call our office (561-697-4440) and let the receptionist know that
WE GLADLY PAY A
you are “referring a new case.” Our Operations Director, Amy Boykin,
supervises all intakes. Either Ms. Boykin or one of our other intake
specialists will spend a few minutes gathering information about IN ACCORDANCE WITH FLORIDA BAR RULES
the case from you, which they will then relay to Mr. Goldenfarb. Alternatively, you can simply have the client call our office directly.
25% REFERRAL FEE TO ATTORNEYS
At The Law Offices of Craig Goldenfarb, we focus on representing those injured due to the negligence of a person or company.
We handle cases throughout Florida in these practice areas:
Car, Truck, Pedestrian, and Motorcycle Accidents | Slip, Trip, and Falls and Other Premises Liability | Wrongful Death
Nursing Home Abuse and Neglect | Drownings | Medical Malpractice | Heart Attacks in Public Places | Legal Malpractice
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SPRING 2015
CONNECT
WITH THE FIRM
Law Offices of Craig Goldenfarb, P.A.
1800 S Australian Ave, Suite 400
West Palm Beach, FL 33409
Phone: 561-697-4440
Toll Free: 1-800-GOLD-LAW
www.800GOLDLAW.com
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