Potential Legislative Crisis in Florida

Concerned Floridians ^ | Feb 5, 2005

[amdgmary]

Potential Legislative Crisis in Florida

There may be a potential legislative crisis in Florida that affects vulnerable persons.

Florida’s Evidence Code may soon be modified in such a way that hearsay testimony (of an incapacitated person’s oral declarations) from potentially conflicted guardians, beneficiaries or heirs at law could become admissible in a court of law.

Currently, Florida Statute 90.602 provides protection for incapacitated persons by forbidding self-serving hearsay of alleged oral declarations as admissible evidence in court:

(1) No person interested in an action or proceeding against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, shall be examined as a witness regarding any oral communication between the interested person and the person who is deceased or mentally incompetent at the time of the examination.

[phenn]

here tis
http://www.thepetitionsite.com/takeaction/766881322

[Canadian Outrage]

This is a POLITICAL CYA exercise. The politicians likely knowing full well that they do not have enough votes to pass it, will now be able to say come election time, "Well I tried" blah, blah, blah. Unless you can TRUST a majority of the Florida Senate to pass a permanent bill with NO "outs", NONE, then this is NOT the way to go. By the time this gets a hearing and a vote etc. it will be far too late. After that, the bill will die a quiet death.

[floriduh voter]

Thanks a bunch.

[floriduh voter]

Appreciate the ping. Anyone interested can sign the Petition posted by "phenn" not just Floridians.

[windchime]

Bump!

[countrydummy]

PING!

[Ohioan from Florida]

I signed the petition after signing up on the website, but it still shows 0 signatures. I wonder what's up with that?

[pc93]

Make sure the link doesn't have a period after it.

[pc93]

http://www.thepetitionsite.com/takeaction/766881322

without the period

[Ohioan from Florida]

Thanks, pc! It looks like I'm 44 out of 46. We need to get more signatures on this.

[AnimalLover]

The death lobby will move on to another state once they have Florida politicians locked in to their INSIDIOUS AGENDA. They have a lot of money. They slither into your state when you least expect it. Watch for the Partnership for End of Life Choices (pretty name for such insidious characters).

How right you are! Look at this----the disease is spreading ---look what's happening in California:


Doctor-assisted suicide on agenda

State Dems plan bill based on Oregon's law

By Steve Geissinger, SACRAMENTO BUREAU

http://www.insidebayarea.com/review/ci_2555755

[FR_addict]

I signed it yesterday, when I realized that non-Floridians could also sign it, as interested parties to Florida laws and as advocates of the disabled.

When you sign up, you give your address and many of the signers are non-Floridians. They show the states in the email you receive back, but not who signed if you requested to remain anonymous.

[FR_addict]

So the way I read this, Judge Greer did not follow the law when he allowed Michael's heresay testimony, since the husband was an interested party.

Is that correct? Now they are trying to change the law to take away more rights from the disabled.

[floriduh voter]

I signed the Petition the other day. They need 50,000 signatures. It's an ez petition.

[floriduh voter]

Would not such a bill have to be signed into law by Jeb Bush's signature? I can't picture him signing such a bill diametrically opposed to measures he's tried to date to protect Terri.

I hope that Jeb's not done yet. We are still calling him in Tallahassee.

[pc93]

PLEASE MAKE NOTE AND TAKE ACTION. FOR GLOBAL/LOCAL DISTRIBUTION:

Here is a report from earlier today:

I just recently got off the phone with someone (Kelly) in Senator Campbell's office. I wanted to find out who he was sponsoring the Senate Bill 0988 (Dead man's statute). When Kelly called me back she relayed to me that he was sponsoring it for the States Attorney's Office. I asked which one as there are various States Attorney's. She said the States Attorney's Office AS-A-WHOLE.

We have a potential legislative crisis in Florida that affects vulnerable persons.

Florida's Evidence Code may soon be modified in such a way that hearsay testimony (of an incapacitated person's oral declarations) from potentially conflicted guardians, beneficiaries or heirs at law could become admissible in a court of law.

Currently, Florida Statute 90.602 provides protection for
incapacitated persons by forbidding self-serving hearsay of alleged oral declarations as admissible evidence in court:

(1) No person interested in an action or proceeding against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, shall be examined as a
witness regarding any oral communication between the interested person and the person who is deceased or mentally incompetent at the time of the examination.

Link: 90.602 Testimony of interested persons.

http://flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0090/SEC602.HTM&Title=-%3E2004-%3ECh0090-%3ESection%20602#0090.602

But some Florida lawmakers are interested in eliminating this particular protection for vulnerable persons by repealing FS-90.602 and incorporating the following measure titled HB-0523. An identical Senate Bill exists under the title S-0988. This would change the evidence code in the following fashion:

13 Section 1. Section 90.602, Florida Statutes, is repealed.

20 (e) Statement by deceased or ill declarant similar to one

21 previously admitted.--If a declarant is unavailable as provided

22 in paragraph (1)(d), a written or oral statement made regarding

23 the same subject matter as another statement made by the

24 declarant that has previously been admitted in evidence.

25 Section 3. This act shall take effect July 1, 2005.

Links: House Bill 0523 Senate Bill 0988

http://flsenate.gov/cgi-bin/view_page.pl?File=hb0523.html&Directory=session/2005/House/bills/billtext/html&Tab=session&Submenu=1

http://flsenate.gov/session/index.cfm?Mode=Bills&Submenu=1&BI_Mode=ViewBillInfo&Billnum=0988&Year=2005

This bill, if passed into law, may serve to eliminate a very important standard of evidence and reduce the rights and protections of incapacitated Floridians yet another notch. Considering the dangers that already exist for Floridians who have been deemed incompetent by the court, this act could effectively remove bars against abuses of the incapacitated person's financial interests and
medical treatment desires by the guardian or other interested parties by allowing hearsay to be considered evidence in guardianship proceedings.

House Bill 0523 has been pre-filed as of January 25, 2005 and is slated to be heard by the House Judiciary Committee sometime leading up to regular session in March. The anticipated effective date of this act is July 1, 2005.
According to the committee's Council Director, David de la Paz, it is not too late for Floridians to make their displeasure with this bill known. It is important that Floridians, disability advocates, elder care advocates and advocates for medical ethics reform express their deep concerns over any measure or act that would further
encroach upon the rights of our most defenseless citizens.
I ask that you take the time to read and sign the following
petition, circulate it to people you know and urge them to commit their signatures. The petition upon the Florida's House and Senate to discontinue consideration of these bills can be found and signed here:

http://www.thepetitionsite.com/takeaction/766881322

This will be presented to every member of Florida's legislature as well as the House Judiciary Committee. You can also call or email these committee members and ask that they not give favorable consideration to any measure that would adversely affect Florida's vulnerable population or give guardians yet another avenue for abuse.

Please circulate this. If you would like to contact Florida's representatives individually, their contact details follow:

Link: House Judiciary Committee Home Page

http://www.myfloridahouse.gov/committees_detail.aspx?id=2267&sessionID=38

Bill Sponsors
Carlos Lopez-Cantera
850-488-4202

Anitere Flores
850-488-2831

House Judicial Commt.
Email
Telephone

David Simmons
SIMMONS.DAVID@MYFLORIDAHOUSE.COM
850-488-2231

Juan-Carlos "J.C." Planas
PLANAS.JUAN-CARLOS@MYFLORIDAHOUSE.COM
850-488-3616

Kevin Ambler
ambler.kevin@myfloridahouse.com
850-488-0275

Dennis Baxley
baxley.dennis@myfloridahouse.com
850-488-0335

Frederick Brummer
BRUMMER.FREDERICK@MYFLORIDAHOUSE.COM
850-488-2023

Dan Gelber
GELBER.DAN@MYFLORIDAHOUSE.COM
850-488-0690

Michael Grant
grant.michael@myfloridahouse.com
850-488-0060

Jeffrey Kottkamp
KOTTKAMP.JEFF@MYFLORIDAHOUSE.COM
850-488-7433

Sheri McInvale
MCINVALE.SHERI@MYFLORIDAHOUSE.COM
850-488-0660

Joe Pickens
PICKENS.JOE@MYFLORIDAHOUSE.COM
850-488-0665

Curtis Richardson
RICHARDSON.CURTIS@MYFLORIDAHOUSE.COM
850-488-1798

Dennis Ross
ROSS.DENNIS@MYFLORIDAHOUSE.COM
850-488-9890

John Seiler
SEILER.JACK@MYFLORIDAHOUSE.COM
850-488-0880

Stephen Hogge
STEPHEN.HOGGE@myfloridahouse.gov
850-487-1345

David De La Paz
DAVID.DELAPAZ@myfloridahouse.gov
850-488-3088

Link: Appearance Request Form (PDF)

http://www.myfloridahouse.gov/Files/H-16%20Appearance%20Record.pdf

[Ohioan from Florida]

Terri ping to 36. If anyone would like to be added to or removed from my Terri ping list, please let me know by FReepmail!

[TOUGH STOUGH]

This is really scary stuff especially considering some of the case histories I've read.

[ItCanHappenToYou]

This is egregious.

It means people can be killed at will if they have even had a stroke.

I can't believe people in Florida, especially the elderly, actually want this.

[Kitty Mittens]

Petition signed. (#52)