Florida Legal Topics

Daytona Beach Legal News - Legislation

The Law Office of Paul Bernardini

New Nursing Home Bill

Very soon, a legislative bill may be in effect which will change some aspects of litigation against nursing homes. One of the benefits of this bill will be its effect on acquiring a resident's nursing home records. As of now, an estate would have to be set up in order to acquire nursing home records of a deceased resident. When the new bill becomes law, family members, and their attorney, can acquire their loved one's nursing home records without an estate. This will save the family approximately $3,000 in costs.

Legislation - Reapportionment - Discovery

Legislative Privilege Limited and the legislators may be required to testify.

On December 13, 2013, the Supreme Court of Florida held that Florida State Legislators legislative staff members do not have an absolute privilege against testifying as to issues directly relevant as to whether the Legislature drew the 2012 Congressional Apportionment Plan with unconstitutional partisan or discriminatory intent.  There is a legislative privilege, but legislative privilege is limited and not absolute.  With respect to reapportionment of voting districts, the purposes underlying the privilege against testifying are outweighed by the compelling, competing interests of effectuating the explicit constitutional mandate that prohibits partisan political gerrymandering and improper discriminatory intent in redistricting.  The League of Women Voters of Florida v. The Florida House of Representatives, 38 Fla.L.Weekly 51, Page S895.