Senate Bill sb0012E

    Florida Senate - 2003                                  SB 12-E

    By Senator Webster





    41-639D-04

  1                      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.

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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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 12-E
    41-639D-04




 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.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Authorizes the Governor to issue a one-time stay to
      prevent the withholding of nutrition and hydration under
15    specified circumstances. Provides for the stay to expire
      15 days after the effective date of the act. Authorizes
16    the Governor to lift the stay at any time. Provides that
      a person is not civilly liable and is not subject to
17    regulatory or disciplinary sanctions for taking an action
      in compliance with any such stay.
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CODING: Words stricken are deletions; words underlined are additions.