Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2564, 1st Eng.
                        Barcode 641200
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 1, between lines 17 and 18,
15  
16  insert:  
17         Section 1.  Present subsections (3) and (4) of section
18  501.2077, Florida Statutes, are redesignated as subsections
19  (4) and (5), respectively, and a new subsection (3) is added
20  to that section, to read:
21         501.2077  Violations involving senior citizen or
22  handicapped person; civil penalties; presumption.--
23         (3)  In any contract for the provision of custodial and
24  institutional long-term care services relating to major life
25  activities, it is presumed substantively and procedurally
26  unconscionable and an unfair or deceptive trade practice in
27  violation of this part for a person to cause a handicapped
28  person, or a vulnerable adult as defined in s. 415.102 who is
29  at least 70 years of age, or the designee or legal
30  representative of the handicapped person or vulnerable adult,
31  to:
                                  1
    4:04 PM   05/06/05                             s2564e1c-24-e6x


    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2564, 1st Eng.
                        Barcode 641200
 1         (a)  Waive or limit any benefit or right conferred by
 2  any statute intended to provide protection to such persons; or
 3         (b)  Waive such a person's right of access to the
 4  courts or to a jury trial,
 5  
 6  unless the waiver is acknowledged in writing to be knowing and
 7  voluntary by an attorney representing the handicapped person
 8  or vulnerable adult.
 9  
10  (Redesignate subsequent sections.)
11  
12  
13  ================ T I T L E   A M E N D M E N T ===============
14  And the title is amended as follows:
15         On page 1, line 2, delete that line
16  
17  and insert:
18         An act relating to civil actions; amending s.
19         501.2077, F.S.; providing that it is an unfair
20         or deceptive act to cause a handicapped person
21         or vulnerable adult to waive certain benefits
22         or rights;
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  2
    4:04 PM   05/06/05                             s2564e1c-24-e6x