Fort Walton Beach Council agenda — 08-08-2006 ‎(executive)‎ — reading text

UnconstitutionalLaws 2003, z=> 12] Constitutional Law 92 € 62( 2) ch. 03-418, ~ g 1, 2. 92 Constitutional Law 323 Kenneth L. Connor and Camille Godwin of 92III Distribution of Governmental Powers and Wilkes and McHugh, P.A., Tampa, FL, and Robert Functions A. Destro, Washington, DC, on behalf of Jeb Bush, 92III( A) Legislative Powers and Delegation Governor of the State of Florida; and Charles 1. Thereof Crist, Jr., Attorney General, George Lemieux, 92k59 Delegation of Powers Deputy Attorney General, Chief of Staff, and Jay 92k62 To Executive Vail, Senior Assistant Attorney General, 92k62( 2) k. Standards for Tallahassee, FL, for Appellant. Guidance. Most Cited Cases George J. Felos of Felos and Felos, P. A., Dunedin, Statutes granting power to the executive branch FL, Randall C. Marshall, Legal Director of must clearly announce adequate standards to guide American Civil Liberties Union of Florida, Miami, in the execution of the powers delegated; the statute FL, and Thomas 1. Perrelli and Robert M. Portman must so clearly define the power delegated that the of Jenner and Block, LLC, Washington, DC, on executive is precluded from acting through whim, behalf of Michael Schiavo, as Guardian of the showing favoritism, or exercising unbridled person of Theresa Marie Schiavo, for Appellee. discretion. Jan G. Halisky, Clearwater, FL, and William L. Saunders, Jr., Director and Counsel, Washington, z=> 13] Constitutional Law 92 € 62( 2) DC, for Center for Human Life and Bioethics at the Family Research Council, Amici Curiae; George K. 92 Constitutional Law Rahdert of Rahdert, Steele, Bryan and Bole, P. A., 92III Distribution of Governmental Powers and S1. Petersburg, FL, and Max Lapertosa, Chicago, Functions IL, for Not Dead Yet, Adapt, The ARC of the 92III( A) Legislative Powers and Delegation United States, Center on Human Policy, Syracuse Thereof University, Center on Self Determination, Disability 92k59 Delegation of Powers Rights Center, Freedom Clearinghouse, Hospice 92k62 To Executive Patients' Alliance, Mouth Magazine, National 92k62( 2) k. Standards for Council on Independent Living, National Disabled Guidance. Most Cited Cases Students Union, National Spinal Cord Injury Even where a general approach of granting power Association, Self-Advocates Becoming to executive branch is more practical than a detailed Empowered, Society for Disability Studies, T ASH, scheme of legislation, enactments may not be W orId Association of Persons With Disabilities and drafted in terms so general and unrestrictive that World Institute on Disability, * 324 Amici Curiae; administrators are left without standards for the Patricia Fields Anderson, S1. Petersburg, FL, Barbara J. Weller and David Charles Gibbs, III of guidance of their official acts. Gibbs Law Firm, P. A., Seminole, FL, Jay Alan 14) Constitutional Law 92 ~ 36 Sekulow, James H. Henderson, Sr., Walter M. Weber and David A. Cortman, Washington, DC, for 92 Constitutional Law Robert and Mary Schindler, Amici Curiae; Mary L. @ 2006 Thomson/Wes1. No Claim to Orig. U.S. Govt. Works. lE849- A561- 497D- 9703- 0CFDA... 8/ 3/ 2006 https:// web2.westlaw .comJprint/printstream. aspx?utid=% 257b87F  Page 5 of 17 885 So.2d 321 Page 5 885 So. 2d 321, 29 Fla. L.Weekly S515 Cite as: 885 So. 2d 321) Wakeman, Russell E. Carlisle, Lauchlin T. Waldoch Schiavo, against Theresa' s parents, turned on and Edwin M. Boyer, Tallahassee, FL, for the whether the procedures sustaining Theresa' s life should be discontinued. However, the procedural Academy of Florida Elder Law Attorneys, Inc., and the National Academy of Elder Law Attorneys, history is important because it provides the Amici Curiae; Scott M. Solkoff, Chair, Mary L. backdrop to the Legislature' s enactment of the Wakeman, and Lauchlin T. Waldoch, Tallahassee, challenged law . We also detail the facts and FL for The Elder Law Section of the Florida Bar, procedural history in light of the Governor's Ariiic'usCiifiae;'-'ana- T6nB~Eisentfefg and David S. assertion that chapter 2003- 418, Laws of Florida Ettinger of Horvitz and Levy, LLP, Encino, hereinafter sometimes referred to as " the Act"), California and Bruce G. Howie, S1. Petersburg, FL, was passed in order to protect the due process rights for 55 Bioethicists and Autonomy, Inc., Amici of Theresa and other individuals in her position. Curiae. PARlENTE, C. J. As set forth in the Second District' s first opinion in The narrow issue in this case requires this Court to this case, which upheld the guardianship court' s decide the constitutionality of a law passed by the final order, Legislature that directly affected Theresa Schiavo, Theresa Marie Schindler was born on December 3, who has been in a persistent vegetative state since 1963, and lived with or near her parents in 1990. FNl This Court, after careful consideration Pennsylvania until she married Michael Schiavo on November 10, 1984. Michael and Theresa moved of the arguments of the parties and amici, the constitutional issues raised, the precise wording of to Florida in 1986. They were happily married and the challenged law, and the underlying procedural both were employed. They had no children. On February 25, 1990, their lives changed. history of this case, concludes that the law violates the fundamental constitutional tenet of separation of Theresa, age 27, suffered a cardiac arrest as a result of a potassium imbalance. Michael called 911, and powers and is therefore unconstitutional both on its face and as applied to Theresa Schiavo. Theresa was rushed to the hospital. She never Accordingly, we affirm the trial court' s order regained consciousness. 325 Since 1990, Theresa has lived in nursing declaring the law unconstitutional. homes with constant care. She is fed and hydrated by tubes. The staff changes her diapers regularly. FN 1. The trial court, in an extensive She has had numerous health problems, but none written order, declared that the law was have been life threatening. unconstitutional as a violation of In re Guardianship of Schiavo, 780 So. 2d 176, 177 separation of powers, as a violation of the Fla. 2d DCA 2001) ( Schiavo I). right of privacy and as unconstitutional retroactive legislation. The Second District Court of Appeal certified this case For the first three years after this tragedy, Michael as one of great public importance and and Theresa' s parents, Robert and Mary Schindler, enjoyed an amicable relationship. However, that requiring immediate resolution by this Court. We have jurisdiction. See art. V, ~ relationship ended in 1993 and the parties literally 3( b )(5), Fla. Const. stopped speaking to each other. In May of 1998, eight years after Theresa lost consciousness, Michael petitionedthe guardianship court to FACTS AND PROCEDURAL HISTORY authorize the termination of life-prolonging See id. By filing this petition, which The resolution of the discrete separation of powers procedures. the Schindlers opposed, Michael placed the difficult issue presented in this case does not turn on the facts of the underlying guardianship proceedings decision in the hands of the