Florida Laws Violated by Michael Schiavo and the Courts
TITLE XLVI CRIMES
CHAPTER 782 HOMICIDE
782.04 Murder.-- (1)(a) The unlawful killing of a human being: 1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
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TITLE XLVI
CHAPTER 825 ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS 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.
825.103 Exploitation of an elderly person or disabled adult; penalties.--
(1) "Exploitation of an elderly person or disabled adult" means:
(a) Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:
(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.
(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
825.106 Criminal actions involving elderly persons or disabled adults; speedy trial.--In a criminal action in which an elderly person or disabled adult is a victim, the state may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the victim, may advance the trial on the docket. The motion may be filed and served with the information or charges or at any time thereafter.
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TITLE XLIV CIVIL RIGHTS CHAPTER 765 HEALTH CARE ADVANCE DIRECTIVES 765.101 Definitions.--As used in this chapter: (4) "End-stage condition" means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective.
(12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is: (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment.
(17) "Terminal condition" means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.
765.106 Preservation of existing rights.--The provisions of this chapter are cumulative to the existing law regarding an individual's right to consent, or refuse to consent, to medical treatment and do not impair any existing rights or responsibilities which a health care provider, a patient, including a minor, competent or incompetent person, or a patient's family may have under the common law, Federal Constitution, State Constitution, or statutes of this state.
(For your information) 765.108 Effect with respect to insurance.--The making of an advance directive pursuant to the provisions of this chapter shall not affect the sale, procurement, or issuance of any policy of life insurance, nor shall such making of an advance directive be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance will be legally impaired or invalidated by the withholding or withdrawal of life-prolonging procedures from an insured patient in accordance with the provisions of this chapter, nor by any other treatment decision made according to this chapter, notwithstanding any term of the policy to the contrary. A person shall not be required to make an advance directive as a condition for being insured for, or receiving, health care services.
765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.-- (2) Any person who falsifies or forges the advance directive of another or who willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging procedures contrary to the wishes of the principal, and who thereby because of such act directly causes life-prolonging procedures to be withheld or withdrawn and death to be hastened, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
765.305 Procedure in absence of a living will.-- (2) Before exercising the incompetent patient's right to forego treatment, the surrogate must be satisfied that: (a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient. (b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient's physical condition is terminal.
765.309 Mercy killing or euthanasia not authorized; suicide distinguished.-- (1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
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TITLE XLVI CRIMES
CHAPTER 777 PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY
777.04 Attempts, solicitation, and conspiracy.--
(1) A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.
(2) A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4).
(3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).
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TITLE XL111 DOMESTIC RELATIONS
CHAPTER 744 GUARDIANSHIP
744.309 Who may be appointed guardian of a resident ward.-- (1)(D)(3) The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur. 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. (i) To receive necessary services and rehabilitation. (l) To counsel. (m)To receive visitors and communicate with others.
744.361 Powers and duties of guardian.-- (3) The guardian shall file a guardianship report annually in accordance with s.
744.367. (4) The guardian of the person shall implement the guardianship plan.
744.367 Duty to file annual guardianship report.-- (1) Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month the letters of guardianship were signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary month. If the court requires calendar-year filing, the guardianship plan must be filed within 90 days after the end of the calendar year. (5) If the guardian fails to timely file the annual guardianship report, the judge may impose sanctions which may include contempt, removal of the guardian, or other sanctions provided by law in s. 744.3685.
744.3675 Annual guardianship plan.--Each guardian of the person must file with the court an annual guardianship plan which updates information about the condition of the ward. The annual plan must specify the current needs of the ward and how those needs are proposed to be met in the coming year. 4. A statement of whether the current residential setting is best suited for the current needs of the ward; and 5. Plans for ensuring during the coming year that the ward is in the best residential setting to meet his or her needs. (b) Information concerning the medical condition and needs of the ward, including: 3. The plan for provision of medical, mental health, and rehabilitative services in the coming year.
744.368 Responsibilities of the clerk of the circuit court.-- (4) The clerk shall report to the court when a report is not timely filed.
744.3685 Order requiring guardianship report; contempt.--When a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he should not be compelled to do so. A copy of the order shall be served on the guardian or on the guardian's resident agent. If the guardian fails to file her or his report within the time specified by the order without good cause, the court may cite the guardian for contempt of court and may fine her or him. The fine may not be paid out of the ward's property.
744.369 Judicial review of guardianship reports.-- (3) If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685. (4) The court must review the initial and annual guardianship report to determine that the report: (a) Meets the needs of the ward; (c) Conforms to all other requirements of the law. (8) The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter.
744.3715 Petition for interim judicial review.-- (1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan or is exceeding his or her authority under the guardianship plan and the guardian is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian's action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.
744.372 Judicial review of guardianships.--The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and:
(1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367;
(2) If interim review has been requested under s. 744.3715;
(4) If the guardianship report has not been received and the guardian has failed to respond to a show cause order.
744.397 Application of income of property of ward.-- (1) The court may authorize the guardian of the property to apply the ward's income, first to the ward's care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. [Using funds to have Terri killed is a misuse of the funds.]
744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.--
744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.-- (c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward unless such designation was validly made by the ward prior to adjudication of incapacity of the ward; and
(3) Any activity prohibited by this section is voidable during the term of the guardianship or by the personal representative of the ward's estate, and the guardian is subject to removal and to imposition of personal liability through a proceeding for surcharge, in addition to any other remedies otherwise available.
(4) In the event of a breach by the guardian of the guardian's fiduciary duty, the court shall take those necessary actions to protect the ward and the ward's assets.
744.474 Reasons for removal of guardian.--A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law: (2) Failure to discharge her or his duties. (3) Abuse of her or his powers. (5) Failure to comply with any order of the court. (7) The wasting, embezzlement, or other mismanagement of the ward's property. (11) Development of a conflict of interest between the ward and the guardian. (14) A failure to comply with the rules for timely filing the initial and annual guardianship reports. (16) The improper management of the ward's assets.
744.477 Proceedings for removal of a guardian.--Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence.