10 research outputs found

    Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy

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    At the close of the 2018 legislative session Florida Governor Rick Scott signed HB 631 into law. The new law converted local dustups between beachgoers and beachfront landowners into a statewide sandstorm that pitted public rights to access to the dry sand beach against landowners’ private property rights. This article seeks to address the widespread confusion about the scope of and relationship between these respective rights and to rebut confused and exaggerated narratives about the impacts of the new law that have fueled further conflict. The resolution of these issues will have broad policy implications, with significant impact on recreational, property, dignity, economic, and conservation values. Moreover, in an era of ongoing sea-level rise, the pressures on our coastal resources and the conflicts among these values will only increase. The article begins by briefly describing the history of the current controversy and of the legal principle at the heart of the conflict: the doctrine of customary use of Florida’s beaches. After offering a detailed review of the Florida Supreme Court’s landmark case on the customary use doctrine along with subsequent lower court cases interpreting it, it identifies the legal issues that have created widespread confusion regarding the interplay among the common law property rights at issue, local ordinances that recognize and regulate those rights, and the recent state legislation now codified in Fla. Stat. §163.035 (2019). The article concludes by discussing some of the options available to the Florida legislature to resolve the controversy that HB 631 engendered and to address related issues contributing to conflict at the water’s edge along the state’s coastline

    Prevalence, associated factors and outcomes of pressure injuries in adult intensive care unit patients: the DecubICUs study

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    Funder: European Society of Intensive Care Medicine; doi: http://dx.doi.org/10.13039/501100013347Funder: Flemish Society for Critical Care NursesAbstract: Purpose: Intensive care unit (ICU) patients are particularly susceptible to developing pressure injuries. Epidemiologic data is however unavailable. We aimed to provide an international picture of the extent of pressure injuries and factors associated with ICU-acquired pressure injuries in adult ICU patients. Methods: International 1-day point-prevalence study; follow-up for outcome assessment until hospital discharge (maximum 12 weeks). Factors associated with ICU-acquired pressure injury and hospital mortality were assessed by generalised linear mixed-effects regression analysis. Results: Data from 13,254 patients in 1117 ICUs (90 countries) revealed 6747 pressure injuries; 3997 (59.2%) were ICU-acquired. Overall prevalence was 26.6% (95% confidence interval [CI] 25.9–27.3). ICU-acquired prevalence was 16.2% (95% CI 15.6–16.8). Sacrum (37%) and heels (19.5%) were most affected. Factors independently associated with ICU-acquired pressure injuries were older age, male sex, being underweight, emergency surgery, higher Simplified Acute Physiology Score II, Braden score 3 days, comorbidities (chronic obstructive pulmonary disease, immunodeficiency), organ support (renal replacement, mechanical ventilation on ICU admission), and being in a low or lower-middle income-economy. Gradually increasing associations with mortality were identified for increasing severity of pressure injury: stage I (odds ratio [OR] 1.5; 95% CI 1.2–1.8), stage II (OR 1.6; 95% CI 1.4–1.9), and stage III or worse (OR 2.8; 95% CI 2.3–3.3). Conclusion: Pressure injuries are common in adult ICU patients. ICU-acquired pressure injuries are associated with mainly intrinsic factors and mortality. Optimal care standards, increased awareness, appropriate resource allocation, and further research into optimal prevention are pivotal to tackle this important patient safety threat

    Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy

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    At the close of the 2018 legislative session Florida Governor Rick Scott signed HB 631 into law. Included in the bill, which addressed a number of issues relating to actions for ejectment from real property, was an amendment to the Florida Community Planning Act entitled “Establishment of Recreational Customary Use.” The new statute immediately created a sandstorm of controversy as the media seized on what many in the public perceived to be a land grab over the public’s right to recreate on Florida’s sandy beaches. As it turns out, the story is considerably more nuanced, and neither the advocates on both sides nor the media did the public any favors in the commentary and reporting on this issue. However, both the background to the legislation and subsequent events indicate that the public is rightly concerned about efforts to limit recreational access, some of which have been spurred or exacerbated by what had been a largely localized controversy. This paper begins by briefly describing the history of the current controversy, which had its origins in Walton County, Florida. The conflict centers on arguments about the public’s right to use the dry sand beach -- that area of the beach that is between the line of vegetation and the mean high tide line, and is often privately owned. We then discuss the broader legal context that gives rise to boundary disputes along dynamic shorelines and provide the essential policy-relevant facts concerning public and private sandy beach ownership. In order to fully understand the legal basis for the public’s claim of right to use the sandy beaches and the legislative response, we summarize the history of the relevant legal doctrine – known as customary use -- that came over from England during the post-colonial era and made its way into the law of a number of states, including Florida. We offer a detailed review of the Florida Supreme Court’s landmark case on the customary use doctrine along with subsequent lower court cases interpreting it. We then attempt to identify the legal issues that have created widespread confusion regarding the interplay among the common law property rights at issue, local ordinances that recognize and regulate those rights, and particularly, the state legislation that precipitated the widespread attention to and conflict over this issue -- HB 631, now codified in Fla. Stat. 163.035. After flagging several legal issues at the heart of the conflict, we provide an annotated summary of the statute that describes the interpretive issues it raises or may raise. We conclude by discussing some of the options available to the Florida legislature to resolve the sandstorm of controversy that HB 631 engendered

    Correction to: Prevalence, associated factors and outcomes of pressure injuries in adult intensive care unit patients: the DecubICUs study (Intensive Care Medicine, (2021), 47, 2, (160-169), 10.1007/s00134-020-06234-9)

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    The original version of this article unfortunately contained a mistake. The members of the ESICM Trials Group Collaborators were not shown in the article but only in the ESM. The full list of collaborators is shown below. The original article has been corrected
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