Florida News Straight From the Source
While the Florida legislature seems on track to abolish the Constitution Revision Commission (CRC), a new survey released today by the LeRoy Collins Institute shows the majority of Floridians do not agree. [Read more…] about Constitution Revision Commission should be kept, new Leroy Collins Institute survey show
In reaction to Judge Karen Gievers ordering the removal of Amendment 6 from the November ballot, president of the League of Women Voters of Florida Patricia Brigham released the following statement: [Read more…] about Amendment 6 Removal Emblematic of CRC Issues
The Constitution Revision Commission (CRC) today voted in favor of placing a proposed constitutional amendment that would create a Crime Victims’ Bill of Rights on the 2018 General Election ballot in November. The measure, sponsored by Commissioner Tim Cerio, passed with a final vote of 34 to 3. This will be the first CRC proposed constitutional amendment placed on the ballot.
Criminals and those accused of crimes have 20 distinct rights outlined in the U.S. Constitution. Victims, survivors, and their families are provided no rights under the U.S. Constitution. Most states have addressed this disparity by adding victims’ rights and protections into their state constitutions. Florida is one of only 15 states that does not provide clear, enforceable rights for victims of crimes in its constitution.
Governor Rick Scott said, “I applaud the Constitution Revision Commission on their decision to include Marsy’s Law on the ballot this fall. We have taken important steps in Florida to protect those who need it most, and we must continue to make it absolutely clear that our state stands strongly with victims.”
“As a survivor of sexual assault and an advocate for other survivors, I am heartened by today’s Constitution Revision Commission vote in favor of Marsy’s Law for Florida. Florida voters will now have the chance to decide if they, too, stand with victims and their families when they cast their ballots in November. We as survivors came before this body many times to share our stories, and I want to thank them for listening,” said Senator Lauren Book.
“I want to thank my fellow commissioners for voting in favor of this proposal,” said Commissioner Cerio. “For too long, victims in Florida have been made vulnerable by weak constitutional language that does not ensure their rights. With Marsy’s Law on the ballot this fall, the voters will have the chance to give victims the constitutional rights they deserve.”
“I am thankful for the Florida Constitution Revision Commission and their support for crime victims and our families,” said Michael Liles, executive director of the Justice Coalition. “My wife was brutally murdered in our home last year. This was a blow not just to our family but to our entire community. Currently, her killer has more rights in the criminal justice system than myself or even my children. I’m grateful to Commissioner Cerio and all the members of the CRC who worked tirelessly to make sure surviving victims have a voice. We have paid the dearest price for the impact of crime. It is only fair and reasonable that we receive equal consideration.”
“Lawmakers, public officials, sheriffs, victims’ advocates and community leaders have all come together to stand with crime victims and their families, and as the mother of a murdered child, I am deeply grateful for their support as well as the support of the Constitution Revision Commission,” said Pat Tuthill, founder of the Peyton Tuthill Foundation. “Providing clear, enforceable rights in the state constitution will mean a world of a difference to crime victims and will help them heal after a tremendous loss. I encourage all Floridians to vote yes on Amendment 6.”
Marsy’s Law Rights
Marsy’s Law will guarantee that victims receive certain rights in a number of important ways including:
About Marsy’s Law
Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail. In an effort to honor his sister, Dr. Nicholas, co-founder of Broadcom Corporation, has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.
For more information on the Marsy’s Law initiative, please visit marsyslaw.us.
Following the passage of Constitution Revision Commission (CRC) Proposal 96 on the floor, Commissioner Tim Cerio, Proposal 96 sponsor, issued the following statement:
“I would like to extend my sincere thanks to my fellow Constitution Revision Commissioners for their support of Proposal 96, Marsy’s Law for Florida, during today’s floor vote. After spending the past two months traveling the state of Florida for the CRC’s public hearings, we heard somber stories from countless crime victims and victims’ advocates about the pain victims and their families endure in the criminal justice system. Florida voters have made it overwhelmingly clear they want the chance to vote for victims’ rights laws on the 2018 ballot, and now we are one step closer to giving Floridians a voice on this important policy decision.
I am especially grateful for our Proposal 96 co-sponsors, Commissioners Patricia Levesque, Darlene Jordan, Fred Karlinsky, Rep. Jeanette Nuñez, Brecht Heuchan, Belinda Keiser, Jacqui Thurlow-Lippisch and Sen. Darryl Rouson, for their unwavering dedication to bringing balance to Florida’s criminal justice system through Marsy’s Law for Florida.”
About Marsy’s Law
Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail. In an effort to honor his sister, Dr. Nicholas, co-founder of Broadcom Corporation, has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.
At today’s meeting of the Constitution Revision Commission (CRC), Commissioner Brecht Heuchan asked that Proposal 88 be temporarily postponed. Further, Comm. Heuchan said that he will withdraw the proposal. Proposal 88 would have amended the Florida Constitution to include a nursing home and assisted living facility (ALF) residents’ bill of rights.
As we’ve said from the beginning, the proposal would have done nothing to improve the lives of nursing home and ALF residents. Instead, it would only have served to benefit trial attorneys and divert already scarce resources that should be spent on the care of frail seniors. We are grateful to our members for speaking out during this process, expressing their deep and ongoing commitment to providing the highest quality of care to their residents.
We are pleased that Proposal 88 will be withdrawn, so that nursing homes and ALFs can continue their good work, focusing financial resources on maintaining the high-quality services they already are providing. The importance of dollars being spent on quality care for residents is reflected in the recently released statement by the state Agency for Health Care Administration, which highlights the high quality of care provided by Florida’s nursing homes.
LeadingAge Florida members remain committed to our state’s frailest seniors and will continue to serve them that the highest level possible.
Established in 1963 as a Florida not-for-profit corporation, LeadingAge Florida is committed to assisting its members in achieving excellence as providers, businesses and employers. The Association provides up-to-date regulatory information, a wide variety of educational opportunities, representation before the Legislature and government agencies, group purchasing services, and opportunities for networking with peers.
Statement from Conwell Hooper, American Senior Alliance, on Florida Commission on Ethics complaint ruling
I’m extremely disappointed that Florida’s Commission on Ethics dismissed our complaint against Constitution Revision Commission member Brecht Heuchan. The facts are clear: Mr. Heuchan is a paid, registered lobbyist for Wilkes & McHugh, a law firm that specializes in lawsuits against nursing homes. He has no business bringing forth a proposal in which his client would serve to gain financially. You don’t need a degree in ethics to see the conflict of interest that’s taking place here.
Mr. Heuchan’s proposal mirrors policy positions that he lobbied for in 2014 on behalf of his client Wilkes & McHugh. The Legislature flatly rejected those provisions, which would have made it far easier for law firms to sue nursing homes.
I spent the last two weeks in Tallahassee watching the discussion over Proposal 88 unfold before the CRC. I saw trial attorneys emerge from the woodwork and give thinly veiled arguments about how this proposal would help seniors. I watched as they criticized the Florida Legislature for failing to act. The rhetoric focused more on lawyers cashing in and ignored the quality improvement data and first-hand testimonials that was given by caregivers and residents who are on the frontline of nursing home care.
I believe the Ethics Commission acted prematurely in tossing this complaint. Mr. Heuchan and his client were unsatisfied with their legislative outcomes in 2014 and have been waiting in the wings to advance their interests. I believe they worked together to craft this misguided proposal.
As I stated before, members of the Constitution Revision Commission owe the citizens of Florida a duty to conduct themselves in a way that reflects the true spirit of public service, for the benefit of all. Mr. Heuchan has instead chosen to use his special position to serve the interests of his employer.
The American Senior Alliance is deeply disappointed by this decision, but more importantly we’re concerned about what Mr. Heuchan’s proposal would do to the future of Florida nursing home care should it end up in the Constitution. I hope the ethics commission will take a closer look at the conflict that’s taking place here; Florida seniors and the hundreds of thousands of caregivers who take care of them deserve a closer look.
American Senior Alliance is a non-profit organization headquartered in Atlanta, GA bringing together our nation’s senior citizens, defending their values and protecting the services they’ve earned.
The Florida Constitution Revision Commission (CRC) Declaration of Rights Committee today held a workshop focusing on victims’ rights, where a proposal to create a Crime Victims’ Bill of Rights in the state constitution, known as Marsy’s Law for Florida, was discussed. Members of the committee heard victims’ rights presentations and testimony on Marsy’s Law for Florida, which would provide victims of crimes with rights and protections equal to those of the accused and convicted.
Immediately following the committee meeting, a group including CRC members, victims and victim advocates gathered at a press conference to support Marsy’s Law for Florida.
“Marsy’s Law for Florida is about bringing equity to the criminal justice process. I believe victims should have the same rights and protections as those accused or convicted of a crime – nothing more and nothing less. By placing clear, enforceable rights and protections in our state’s most powerful legal document, we ensure victims and their families have a voice,” said CRC Commissioner Timothy Cerio who put forth a proposal to amend Florida’s Constitution to include the victims’ right and protections outlined in Marsy’s Law (Proposal 96).
Florida is one of only 15 states that does not provide constitutional-level protections for victims of crimes. Criminals and those accused of crimes have 20 distinct rights outlined in the U.S. Constitution.
“As a survivor of sexual violence, I understand the fear and isolation victims go through. In Florida, the scales of justice are far from balanced. Victims and their families should not fear that they will go unheard or that the criminal justice process will cause them additional trauma or revictimization. They should never feel like an object in an investigation or worse,” said Sen. Lauren Book. “That’s why we need Marsy’s Law for Florida – so victims and their families will finally be given the equal rights, dignity and respect they deserve.”
Marsy’s Law for Florida would provide victims and their families with basic rights, including the right to be notified of major developments in the criminal case, the right to be informed if any changes to the offender’s custodial status, the right to restitution and the right to have a voice in court proceedings, plea bargains or parole hearings.
“On March 23, 2017, I found my beautiful wife of more than 41 years beaten to death on the floor of our kitchen. While grieving this tragic loss of life, my family has endured 10 court hearings that were strategically derailed while the murderer challenged his own competence. Nothing else has occurred while Debbie’s murderer held us all in limbo as he pretended to become mute. There are no sanctions for this delay. There is no cost to him. He can play these games because at his rights are enumerated and all but sacrosanct. If he was to have been uninformed of his rights, charges against him could be dismissed,” said Michael Liles. “Sadly, my family and I must await justice while there are no set procedures for victims and their families to even know what rights if any might exist. We need Marcy’s Law for Florida.”
“A rapist should never have more rights than his or her victim. Too often, victims of sexual violence do not report the crimes committed against them and even fewer pursue prosecution of their attacker. They fear the additional trauma of reliving the crime over and over again through the criminal justice system’s proceedings,” said Jennifer Dritt, executive director of the Florida Council Against Sexual Violence. “Should they decide to seek justice through the courts, they should have guarantees that they will be afforded the same levels of rights and protections as their attacker. The Florida Council Against Sexual Violence stands fully behind this measure.”
Marsy’s Law has been enacted in six other states: California, Illinois, North Dakota, Ohio, South Dakota and Montana. The bill recently passed in Ohio in November with 83 percent of voters voting in favor of Marsy’s Law. A survey commissioned by Marsy’s Law for Florida in October showed 87 percent of likely Florida voters believe victims should have, at the very least, the same protections in the state constitution as those given to those accused of committing crimes. When read specific ballot language and informed of the background behind Marsy’s Law, 85 percent of those surveyed said they would vote for a constitutional amendment that guarantees victims’ rights in the Florida Constitution.
“The real-world experience with Marsy’s Law shows what an important difference it can make for crime victims. California passed its version in 2008 and many victims and criminal justice professionals have reported a dramatic improvement in the way victims are treated. Contrary to the predictions of critics, fiscal impacts have been minimal to non-existent with extending right to victims in the criminal justice process. Florida can expect significant improvements in its treatment of victims if it adopts a similar measure,” said University of Utah law professor Paul Cassell, a former federal judge and federal prosecutor.
If passed by the CRC, Marsy’s Law for Florida would be placed on the 2018 General Election ballot as a constitutional amendment. The proposal must receive 60 percent of the vote to be placed in the Florida Constitution.
About Marsy’s Law
Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail. In an effort to honor his sister, Dr. Nicholas, co-founder of Broadcom Corporation, has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.
American Senior Alliance’s Executive Director, Conwell Hooper issued this statement regarding an ethics complaint filed against Constitution Revision Commissioner, Brecht Heuchan:
“There is legitimate room for discussion about what belongs in the Constitution and what
doesn’t, and which regulations are right for nursing homes and which aren’t. But there is no
place in the constitutional review process for special interest proposals designed to boost the
bottom line of one law firm. Unfortunately, that’s exactly what Brecht Heuchan, an appointed
member of the Constitution Revision Commission, is trying to foist on the people of Florida. It’s
a clear conflict of interest, and that is why today I filed a formal ethics complaint against him.
As Executive Director of the American Senior Alliance, my “special” interest in this matter is the
thousands of Florida seniors living in nursing homes and assisted living facilities. Our not-for-
profit organization has just one mission, advocating on behalf of America’s greatest generation.
It is regrettably obvious that Mr. Heuchan and his client are working toward a very different
interest.
The basis for my conflict of interest complaint is straightforward: Mr. Heuchan is a paid,
registered lobbyist for Wilkes & McHugh, a law firm that specializes in personal injury cases
against nursing homes. In his capacity as a member of the Constitution Revision Commission,
Mr. Heuchan has filed a proposal that would make it far easier for law firms to sue nursing
homes, revoking provisions of a law enacted in 2014 over Mr. Heuchan’s objections on behalf
of his client Wilkes & McHugh. Several provisions of Mr. Heuchan’s proposal mirrors policy
positions advocated by Wilkes McHugh.
In other words, Mr. Heuchan is using his official governmental position to advance the material
interests of his client, in violation of sections 112.312 and 112.313 of Florida Statutes. This is as
clear-cut a conflict of interest as one is likely to find.
Worse still, Mr. Heuchan advanced the policy interests of his paid principal even though he had
not registered to lobby before the Constitution Revision Commission. This violates Section
112.3215 of Florida Statutes.
Appointment to the Constitution Revision Commission is a once-in- a-lifetime opportunity for
three dozen Floridians to help shape the broad policy direction of Florida’s government and its
citizens for the next two decades. They owe all of us a duty to conduct themselves in a way that
reflects the true spirit of public service, for the benefit of all. Mr. Heuchan has instead chosen
to use his special position to serve the interests of his employer, to the detriment of countless
Florida seniors. This must not be allowed to stand, and I look to the Commission on Ethics to
put a halt to this improper action.”
Florida Health Care Association Executive Director Emmett Reed issued the following statement after Constitution Revision Commission member Brecht Heuchan filed a proposal (0088) that would weaken protections for nursing home residents:
“Some things simply do not belong in the Florida Constitution, which is the core document that sets out the basic structure of our government. With a glaringly bad proposal, one Constitution Revision Commission member would wipe out more than 30 years of meaningful and thoughtful progress designed to ensure that nursing home residents have the right to quality care and the services they need. Unfortunately, this member appears to have lost sight of the fact that the select members of this august body have a profound duty not just to those in their workday lives, but indeed to all Floridians.
With this proposal, a professional lobbyist representing trial attorneys has ignored his broader obligations in order to serve the narrow interest of his clients. The proposed constitutional amendment is an egregious governmental overstep, one that overreaches to a monumental extent. Since the 1987 Nursing Home Reform Act, nursing home residents in Florida have had important rights and protections under both state and federal law. This amendment seems to contain every bad proposal rejected by the Legislature over the last several years. It would add nothing to the quality of life for our state’s frailest elders, nor would it solve the real issues of keeping nursing home residents safe during disasters. It would only serve the interests of greedy trial attorneys who continually attempt to cash in by suing nursing homes.
Quality care and quality of life are a top priority for the Florida Health Care Association and the more than 550 nursing home members we represent. By undermining the effective reforms enacted in recent years, this awful proposal would do nothing but create an open door for trial attorneys to file meritless lawsuits. It has no place in our laws, and it certainly has no place in our state’s constitution.”
TALLAHASSEE, Fla. – Today, the Constitution Revision Commission (CRC) Rules and Administration Committee recommended Friday, October 6 as the filing deadline for public proposals to be considered by the CRC. The recommended deadline extended the previously recommended deadline of September 22 due to the impact of Hurricane Irma on Florida.
CRC Chairman Carlos Beruff, said, “The CRC has already received a historic amount of public input and we want to ensure that all Floridians interested in the CRC process have every opportunity to submit their proposals. The Rules and Administration Committee has recommended October 6 as the public proposal deadline to ensure that all proposals are given the consideration and review they deserve. Commissioners are actively reviewing the nearly 1,400 public proposals that have been received by the CRC to date.”
The recommended October 6 deadline is subject to approval by a vote of the full commission. The next full commission meeting is scheduled for Monday, October 2 from 10:00 AM – 1:00 PM in Tallahassee. All public proposals received by the CRC are available online atflcrc.gov/Proposals/Public.
The official CRC website (flcrc.gov) allows Floridians to create and submit proposed changes to the Florida Constitution by following these simple steps:
How to Submit a Proposed Constitutional Amendment
NOTE: Proposals must be typed within the application. Users cannot upload attachments. Public proposals may also be submitted to the CRC by other means, including mail and email. Visit flcrc.gov for contact information.
ABOUT THE FLORIDA CONSTITUTION REVISION COMMISSION (CRC)
Once every 20 years, Florida’s Constitution provides for the creation of a 37-member revision commission for the purpose of reviewing Florida’s Constitution and proposing changes for voter consideration. The Constitution Revision Commission (CRC) meets for approximately one year, traveling the State of Florida, identifying issues, performing research and possibly recommending changes to the Constitution. Any amendments proposed by the CRC would be placed on the 2018 General Election ballot. For additional information, visit flcrc.gov. Follow the CRC on social media @FloridaCRC (Twitter, Facebook, Instagram and YouTube).
