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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 Section 90.602, Florida Statutes, is repealed.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