Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1925, 1st Eng.
                        Barcode 690520
                            CHAMBER ACTION
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11  Senator Posey moved the following amendment to amendment
12  (405302):
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14         Senate Amendment (with title amendment) 
15         On page 1, between lines 16 and 17,
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17  insert:  
18         Section 1.  Present subsections (3) and (4) of section
19  501.2077, Florida Statutes, are redesignated as subsections
20  (4) and (5), respectively, and a new subsection (3) is added
21  to that section, to read:
22         501.2077  Violations involving senior citizen or
23  handicapped person; civil penalties; presumption.--
24         (3)  In any contract for the provision of custodial and
25  institutional long-term care services relating to major life
26  activities, it is presumed substantively and procedurally
27  unconscionable and an unfair or deceptive trade practice in
28  violation of this part for a person to cause a handicapped
29  person, or a vulnerable adult as defined in s. 415.102 who is
30  at least 70 years of age, or the designee or legal
31  representative of the handicapped person or vulnerable adult,
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    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1925, 1st Eng.
                        Barcode 690520
 1  to:
 2         (a)  Waive or limit any benefit or right conferred by
 3  any statute intended to provide protection to such persons; or
 4         (b)  Waive such a person's right of access to the
 5  courts or to a jury trial,
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 7  unless the waiver is acknowledged in writing to be knowing and
 8  voluntary by an attorney representing the handicapped person
 9  or vulnerable adult.
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11  (Redesignate subsequent sections.)
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14  ================ T I T L E   A M E N D M E N T ===============
15  And the title is amended as follows:
16         On page 2, line 27, delete that line
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18  and insert:
19         An act relating to civil actions; amending s.
20         501.2077, F.S.; providing that it is an unfair
21         or deceptive act to cause a handicapped person
22         or vulnerable adult to waive certain benefits
23         or rights; creating s.
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