Replies

First revised draft:

Terri Schindler Schiavo is being denied necessary rehabilitation (in particular but not limited to range of motion therapy which has been denied her for approximately 10 years) because Michael Schiavo has knowingly acted to refuse same.

"The right to receive necessary services and rehabilitation is a retained right. Section 744.3215(1)(i), Florida Statutes (2003).

What are they doing or are going to do about this? Michael Schiavo is breaking the law.

Terri is being denied the right to be restored to capacity at the earliest possible time in contravention to:

Section 744.3215(1)(c), Florida Statutes (2003).

and has been for approximately 10 years because Michael Schiavo has knowingly acted to prevent same.

What are they doing or are going to do about this? Michael Schiavo is breaking the law.

Terri is currently being neglected and has been for the past 10 years. Michael Schiavo as guardian of Terri has been the cause of this neglect. Michael Schiavo is breaking the law and is guilty of committing felonies under:

Section 825.102 (3)(a) under the meanings of said Section 825.102 (3)(a) Items 2b and/or 2c. and therefore is a felony crime and punishable pursuant to statutes 775.082, 775.083, 775.084.

Again, ask them what they are doing or are going to do about this.

Call the following people and tell them that you want some answers:

Executive Office of Governor, Legal Team to Jeb (ask
to speak to the following individuals):

Robert H. Fernandez (Deputy General Counsel to
Governor) -> fernanr@eog.state.fl.us

Raquel A. Rodriguez (General Counsel to Governor)
-> raquel.rodriguez@myflorida.com

Christa Calamas (Assistant General Counsel to
Governor) -> calamac@eog.state.fl.us

850 / 488-3494 (voice)
850 / 488-9810 (fax)

Jeb Bush, Governor
-> jeb@myflorida.com,jeb.bush@myflorida.com

850 / 488-4441 (voice)
850 / 488-7146 (voice)
850 / 487-0801 (fax)

Executive Office of the Governor
400 S. Monroe Street
The Capitol
Tallahassee, Florida 32399-0001

Ask to speak to Lauren O'Conner

State Attorney Bernie McCabe
berniemccabe@fdle.state.fl.us
727 / 464-6221 (voice)
727 / 464-6534 (fax)

Attorney General Charlie Crist
ag@oag.state.fl.us
850 / 414-3990 (voice)
850 / 487-2564 (fax)

Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
850 / 410-7000 (voice)

Civil Rights & Civil Liberties Complaints
Office of the Inspector General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Room 4322
Washington, D.C. 20530
inspector.general@usdoj.gov
hotline: 800 / 869-4499
hotline fax: 202 / 616-9898.

US Department of Homeland Security/FDLE/FLA
Michael P.S. Dwyer
813-872-7213
727-541-5335
mpsdwyer@aol.com

FBI Tampa
Room 610, FOB
500 Zack Street
Tampa, Florida 33602-3917
tampa.fbi.gov
813 / 273-4566 (voice)
https://tips.fbi.gov/

REF:

Florida Statutes (2003)

744.3215 Rights of persons determined incapacitated.--
(1) A person who has been determined to be incapacitated retains the right:
(a) To have an annual review of the guardianship report and plan.
(b) To have continuing review of the need for restriction of his or her rights.
(c) To be restored to capacity at the earliest possible time.
(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(e) To have a qualified guardian.
(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.
(g) To be properly educated.
(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.
(i) To receive necessary services and rehabilitation.
(j) To be free from discrimination because of his or her incapacity.
(k) To have access to the courts.
(l) To counsel.
(m) To receive visitors and communicate with others.
(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(o) To privacy.
…

History.--s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102.

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825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.--
(1) "Abuse of an elderly person or disabled adult" means:
(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) "Neglect of an elderly person or disabled adult" means:
1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.
(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 3, ch. 95-158; s. 2, ch. 96-322.