HB 0035E, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to the authority for the Governor to
3	issue a one-time stay; authorizing the Governor to
4	issue a one-time stay to prevent the withholding of
5	nutrition and hydration under certain circumstances;
6	providing for expiration of the stay; authorizing the
7	Governor to lift the stay at any time; providing that
8	a person is not civilly liable and is not subject to
9	regulatory or disciplinary sanctions for taking an
10	action in compliance with any such stay; providing for
11	the chief judge of the circuit court to appoint a
12	guardian ad litem; providing an effective date.
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14	Be It Enacted by the Legislature of the State of Florida:
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16	Section 1. (1) The Governor shall have the authority to
17	issue a one-time stay to prevent the withholding of nutrition
18	and hydration from a patient if, as of October 15, 2003:
19	(a) That patient has no written advance directive;
20	(b) The court has found that patient to be in a persistent
21	vegetative state;
22	(c) That patient has had nutrition and hydration withheld;
23	and
24	(d) A member of that patient’s family has challenged the
25	withholding of nutrition and hydration.
26	(2) The Governor’s authority to issue the stay expires 15
27	days after the effective date of this act, and the expiration of
28	that authority does not impact the validity or the effect of any
29	stay issued pursuant to this act. The Governor may lift the stay
30	authorized under this act at any time. A person may not be held
31	civilly liable and is not subject to regulatory or disciplinary
32	sanctions for taking any action to comply with a stay issued by
33	the Governor pursuant to this act.
34	(3) Upon the issuance of a stay, the chief judge of the
35	circuit court shall appoint a guardian ad litem for the patient
36	to make recommendations to the Governor and the court.
37	Section 2. This act shall take effect upon becoming a law.
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