Replies

Ok, the full text of what is filed so far (as much as I can get):

A bill to be entitled

2 An act relating to the authority for the

3 Governor to issue a one-time stay; authorizing

4 the Governor to issue a one-time stay to

5 prevent the withholding of nutrition and

6 hydration under certain circumstances;

7 providing for expiration of the stay;

8 authorizing the Governor to lift the stay at

9 any time; providing for revocation of the stay;

10 providing that a person is not civilly liable

11 and is not subject to regulatory or

12 disciplinary sanctions for taking an action in

13 compliance with any such stay; providing an

14 effective date.

15

16 Be It Enacted by the Legislature of the State of Florida:

17

18 Section 1. (1) The Governor shall have the authority

19 to issue a one-time stay to prevent the withholding of

20 nutrition and hydration from a patient if, as of October 15,

21 2003:

22 (a) That patient has no written advance directive;

23 (b) The court has found that patient to be in a

24 persistent vegetative state;

25 (c) That patient has had nutrition and hydration

26 withheld; and

27 (d) A member of that patient's family has challenged

28 the withholding of nutrition and hydration.

29 (2) The Governor's authority to issue the stay expires

30 15 days after the effective date of this act, and the

31 expiration of that authority does not impact the validity or

1 the effect of any stay issued pursuant to this act. The

2 Governor may lift the stay authorized under this act at any

3 time. The Governor may revoke the stay upon a finding that a

4 change in the condition of the patient warrants revocation. A

5 person may not be held civilly liable and is not subject to

6 regulatory or disciplinary sanctions for taking any action to

7 comply with a stay issued by the Governor pursuant to this

8 act.

Amendments filed to be added so far:

Senate Amendment (with title amendment)
14 On page 2, between lines 8 and 9,
15
16 insert:
17 (3) Upon the issuance of a stay, the chief judge of
18 the circuit court shall appoint a guardian ad litem for the
19 patient to make recommendations to the Governor and the court
22

T I T L E A M E N D M E N T

23 And the title is amended as follows:
24 On page 1, line 13, after the semicolon,
25
26 insert:
27 providing for the chief judge of the circuit
28 court to appoint a guardian ad litem;

Senate Amendment (with title amendment)
14 On page 2, between lines 8 and 9,
15
16 insert:
17 (3) Upon the issuance of a stay, the court shall
18 appoint a guardian ad litem for the patient.
21

T I T L E A M E N D M E N T

22 And the title is amended as follows:
23 On page 1, line 13, after the semicolon,
24
25 insert:
26 providing for the court to appoint a guardian
27 ad litem;

Senate Amendment (with title amendment)
15 On page 2, lines 3 and 4, delete those lines
16
17 and insert: time. A
18
19
20

T I T L E A M E N D M E N T

21 And the title is amended as follows:
22 On page 1, line 9, delete that line,
23
24 and insert:
25 any time;

Just got this e-mail from Gov. Bush which I am sure that everyone that wrote to him also recieved, but for those that didn't here it is:

Thank you for writing to Governor Bush and expressing interest in the
well-being of Terri Schindler Schiavo. He has asked me to respond on his
behalf. The Governor is very concerned about Terri, and his thoughts and
prayers are with the Schindler family.

The Governor expanded the call of the special session last night to include
legislation that may be helpful in the tragic and very unique case of Terri
Schiavo. As he continues to pray for Mrs. Schiavo and her entire family,
the Governor anticipates action by the Senate today. The House passed the
bill last night. When the bill is presented to the Governor, he will sign
it into law. He has asked his legal staff to determine the swiftest course
of action, and hopes to act today.

The bill is very narrow and addresses the unique condition of Mrs. Schiavo.
It gives the Governor the right to order the re-insertion of her feeding and
hydration tubes. The language would also allow the Governor to rescind the
order, should Mrs. Schiavo's condition change.

Thank you again for writing.

Sincerely,

Lauren O'Connor

Office of Citizens' Services