Replies

Is this the link?

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

More anent:

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 Section 90.602, Florida Statutes, is repealed.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

850-488-3088

David De La Paz

DAVID.DELAPAZ@myfloridahouse.gov

850-488-6333

Link: Appearance Request Form (PDF)
http://www.myfloridahouse.gov/Files/H-16%20Appearance%20Record.pdf

Our right to live

Sunday, February 6, 2005

http://pittsburghlive.com/x/tribune-review/s_300467.html

Mike Schiavo of Florida maintains that it was his wife's wish to die rather than to live handicapped ("High court won't touch right-to-die case," Jan. 25).
Terri Schiavo, who is now 41 and has been handicapped for the past 11 years, cannot speak to confirm or deny the veracity of that wish, or say that she just changed her mind.

Mike Schiavo placed Terri in hospice care, seeking neither rehabilitative nor therapeutic treatment for her. And even though he lives with his mistress and their two children, he will not relinquish custody of Terri to her family, who desperately want to love and care for her.

Instead, he, his lawyer and Florida Judge George Greer have determined that Terri should die. Her feeding tube will be removed as soon as the appeals are over, and she will be "privileged" with the right to die by starvation.

Although this case is euphemistically labeled as the right to die, it is clearly nothing less than protected corruption and murder. Have Terri and others like her forfeited their right to life because they became handicapped?

The determination of life for the weakest and most vulnerable in our society is not the judgment call of any one of us, but the duty of all of us to protect, defend and support.

We are all Terri Schiavo, and the fight for her right to live is ours -- now or later.

Maria Mollura
McKeesport