Actions:
Say Folks---
I will say we need to do this until I am Blue in the face!
You really want to press an issue for Terri?
Send this statute to Bernie McCabe and demand a RESPONSE in writing why he blantantly disregards this statute?
Pound his office with a copy of the statute and ask ONE question....WHY does he NOT oblige the LAW?
BMcCabe@co.Pinellas.Fl.us Then send the statute to every news media you can think of and ask them to find out for us WHY Bernie McCabe supports Michael Schiavo's actions in the NEGLECT and ABUSE of the disabled in accordance to Florida's own statute. Is he an accomplice to this felony?? Are they discriminationg against the disabled?
When you receive your responses, please mail them to
Pat at:
Patricia Fields Anderson, P.A. Attorney at Law
447 Third Avenue North * Suite 405 *
St. Petersburg, FL 33701
Thanks,
Cheryl
Florida criminalizes abuse, neglect and exploitation of a disabled adult.
In the criminal statutes, “neglect” is defined as
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.
Fla. Stat. § 825.102(3)(a).
If the neglect results in “great bodily harm, permanent disability, or permanent disfigurement” to the disabled adult, it’s a second degree felony. If there is no such harm, it’s a third degree felony.
Fla. Stat. § 825.102(3)(b), (3)(b)
In the Schiavo case, Judge Greer has authorized the removal of her feeding tube, pursuant to the mandate from the Second DCA.
Judge Greer also denied the parents’ Petition for Immediate Therapy, requesting an attempt to help Terri learn to eat by mouth again.
Judge Greer HAS NOT entered an order forbidding provision of food and water by mouth after the removal of the tube.
In addition, Fla. Stat. § 744.3215 lists certain rights retained even after a person is adjudicated to be incapacitated. If one takes the rather broad language in 1.1 above, Schiavo’s systematic violation of those rights can also be the subject of criminal charges, as his violations have NEVER been adjudicated by the guardianship court.
The PDF flyer someone made about McCabe was excellent, by the way.