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.

[amdgmary]

Ping

[floriduh voter]

Is this the Petition with the green background from Friday and can non-Floridians sign it? Pls advise. I can bring my major ping list over here after I get verification it's for non-Floridians too.

[Ohioan from Florida]

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

[Chocolate Rose]

Thanks for the ping and a bump with the link--
http://web.tampabay.rr.com/maryspage/Legislative%20Emergency%20Feb%202005.htm

[TOUGH STOUGH]

Thanks for the ping, OfF.

[TOUGH STOUGH]

Great link, CR!!!!!!

[TOUGH STOUGH]

This is such a BAD idea!

[Alamo-Girl]

Thanks for the ping!

[Chocolate Rose]

I'm remembering what Terri's dad said--

Schindler told the web site he sees a spiritual battle taking place and that he regularly prays to "drive the devils out of the courtroom."

"I can feel them and almost see them," Schindler said.



http://66.195.16.55/bio670.html

[Chocolate Rose]

My above post to you was meant to be on the other thread--LOL

[TOUGH STOUGH]

LOl! Thank you, CR. I do remember reading it!

[Ohioan from Florida]

Goodnight Terri prayer and BTTT!

[pc93]

Click here: Bills :: Florida House Of Representatives

http://www.myfloridahouse.gov/bills_detail.aspx?Id=16262&iSessionSelectedIndex=0&sBillSubjectText=&sBillNumberText=&iSponsorSelectedIndex=0&iBillListSelectedIndex=0&sStatueAmendedText=&iBillTypeSelectedIndex=0&iReferredToSelectedIndex=0&iChamberSelectedIndex=0&iBillSearchListPageIndex=6

http://www.myfloridahouse.gov/loadDoc.aspx?FileName=_h0701__.doc&DocumentType=Bill&BillNumber=0701&Session=2005


Please get this info circulated. It is paramount that all Floridians contact their reps either email or phone, on this bill, and let them know how you stand.
Discuss with your neighbors, encourage them to call and email their reps, and pass this info around.
We only have a few short weeks here.
As you read through this bill, realize this will protect the incapacitated. Hearsay and casual conversation will not be enough to starve and dehydrate a person to death in this state if this passes. Protecting the vulnerable, the brain injured, the elderly, those with disabilities will benefit from this bill.

Please contact Rep Baxley and give him a big thanks for sponsoring.

Write Your Representative :: Florida House Of Representatives

http://www.myfloridahouse.gov/email_representative_form.aspx?id=4200


REPS FOR FL HOUSE
Representatives :: Florida House Of Representatives

http://www.myfloridahouse.gov/legislators.aspx

REPS FOR FL SENATE
Senators :Member Pages : flsenate.gov


http://www.flsenate.gov/Legislators/index.cfm?Mode=Member%20Pages&Submenu=1&Tab=legislators

[windchime]

Thanks, Ohioan from Florida!

[Saundra Duffy]

This is just so frightening.

[floriduh voter]

MONDAY TERRI PING. FLORIDA LEGISLATURE TRYING TO TAKE AWAY EVEN MORE PROTECTIONS FOR IT'S MOST VULNERABLE CITIZENS. I CALL IT THE "KILL BILL".

This bill imo is designed to give judges immunity from prosecution for crimes such as ordering that wards of the state be starved to death WITHOUT CLEAR AND CONVINCING EVIDENCE because the definition of clear and convincing will be altered such that "hearsay evidence is sufficient", Living Wills not required to kill the disabled, the elderly, even the children.

Anyone can sign the Petition against the KILL BILL (my title). I think the Petition is on this thread. If not, someone will get right on it.

NOTICE THAT FLORIDIANS DO NOT GET TO VOTE ON EUTHANASIA-ASSISTED SUICIDE OR NOT. IT IS SLEIGHT OF HAND.

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).

The culture of death is on our shores. FV

[floriduh voter]

At your convenience, if you have the url, can you post the Petition re: repeal of the current law re: what constitutes clear and convincing evidence on this thread. Thanks a bunch, I just pinged my low volume MONSTER PING LIST. FV

[amdgmary]

this is the link to sign the petition:

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

[countrydummy]

PINGGGGGGGGGGGGGG!!!!!!!!!!!!!!!!

[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)

[pickyourpoison]

Do you think if the word Petition was in the first wording, we could get more signatures?


Others who are members on other forums, please post petition on them.

[pc93]

send to your friends too, etc.

[pc93]

pc93 reporting!

FOR LOCAL AND NON-LOCAL (GLOBAL) DISTRIBUTION:

Here is the Terri Schindler-Schiavo Life Ribbon Desktop Logo with instructions on how to get it on your screen. Also contains an exhortation to the Florida House Representatives and Senators of the FL Senate as well as contact numbers of officials to call, including links to The Empire Journal, terrisfight.org and Free Republic, etc.:

http://www.enlightenment-engine.net/eeng/ribbon/terriliferibbondesktoplogo.zip

Here is a flyer for Terri that can be printed out and distributed:

http://www.enlightenment-engine.net/eeng/ribbon/terriflyer.pdf

Here is html code if you have a webpage and would like to participate in the Terri Schindler-Schiavo Life Ribbon Campaign besides the above of having a Terri Life Ribbon on your own computer:

Copy and paste the following text into your HTML web page code where you want the Terri Schindler Life Ribbon banner to appear:

Join the Terri Schindler Life Ribbon Campaign!

If instead you simply want to have the Terri Schindler Life Ribbon appearing on your web page then use this code:

Terri Schindler Life Ribbon Campaign

Terri Schindler-Schiavo Life Ribbon Campaign:

Google -> Life Ribbon

or:

http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm

Juan V Schoch - Lake Mary, FL
Concerned Florida Resident / United States Citizen who believes Terri should be provided protection, removed from out of the hands of those trying to kill her via substituted (hearsay) wishes, and who believes she should be placed back on the road to her recovery via rehabilitation and therapy, etc. as well as into the hands of her loved ones, etc.

http://www.freerepublic.com/focus/f-news/1333205/posts

Florida House Could Impeach Schiavo Judge

http://www.freerepublic.com/focus/f-news/1342344/posts?page=1#1

[countrydummy]

Thanks!!!!! PING!!!!!!!!!!!!!!!!

[countrydummy]

Thanks!!!!! PING!!!!!!!!!!!!!!!!