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

undeniable that in fact the proxy' s decision is not in accord with the criteria fit only Theresa Schiavo. patient' s known desires or the provisions of this chapter." Ch. 92- 199, ~ 2 at 1842, In sum, although chapter 2003- 418 applies to a Laws of Fla.; ~ 765. 105, Fla. Stat. (2003). limited class of people, it provides no criteria to guide the Governor' s decision about whether to act. In contrast to the protections set forth in chapter In addition, once the Governor has issued a stay as 765, chapter 2003- 418' sstandardless, open- ended provided for in the Act, there are no criteria for the delegation of authority by the Legislature to the Governor to evaluate in deciding whether to lift the Governor provides no guarantee that the stay. Thus, chapter 2003- 418 allows the Governor patient' right to withdraw to act " through whim, show [ ] favoritism, or incompetent s life- prolonging procedures will in fact be honored. exercis[ e] unbridled discretion," Lewis, 346 So. 2d See In re Guardianship of Browning, 568 So. 2d 4, at 56, and is therefore an unconstitutional 12 ( Fla. 1990) ( reaffinning that an incompetent delegation of legislative authority. person has the same right to refuse medical treatment as a competent person). As noted above, the Act does not even require that the Governor CONCLUSION consider the patient' s wishes in deciding whether to issue a stay, and instead allows a unilateral decision We recognize that the tragic circumstances underlying this make it difficult to by the Governor to stay the withholding of case put life- prolongingprocedures without affording any emotions aside and focus solely on the legal issue procedural process to the patient. presented. Weare not insensitive to the struggle that all members of Theresa' s family have endured 14] Finally, we reject the Governor's argument that since she fell unconscious in 1990. However, we the Legislature' s grant of authority to issue the stay are a nation of laws and we must govern our under chapter 2003- 418 is a valid exercise of the decisions by the rule of law and not by our own state' s parens patriae power. Although emotions. Our hearts can fully comprehend the unquestionably the Legislature may enact laws to grief so fully demonstrated by Theresa' s family protect those citizens who are incapable of members on this record. But our hearts are not the law. What isin the Constitution always must protecting their own interests, see, e.g., In re Byrne, 402 So.2d 383 ( Fla. 1981), such laws must comply prevail over emotion. Our oaths as judges require with the constitution. Chapter 2003- 418 fails to do that this principle is our polestar, and it alone. so. As the Second District noted in one of the multiple Moreover, the argument that the Act broadly appeals in this case, we " are called upon to make a protects those who cannot protect themselves is collective, objective decision concerning a question belied by the case-specific criteria under which the of law. Each of us, however, has our own family, Governor can exercise his discretion. The Act our own loved ones, our own But in the children.... applies only if a court has found the individual to be end, this case is not about the * 337 aspirations that in a persistent vegetative state and food and loving parents have for their children." Schiavo IV. So.2d at 186. Rather, decision today hydration have been ordered withdrawn. It does 851 as our Q 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 8/ 3/ 2006 https:// web2. westlaw .com/print/printstream. aspx?utid=%257b87F 1 E849- A561- 497D- 9703- 0CFDA...  Page 16 of I 7 885 So. 2d 321 Page 16 885 So. 2d 321, 29 Fla. L.Weeldy S515 Cite as: 885 So. 2d 321) makes clear, this case is about maintaining the 885 So. 2d 321, 29 Fla. L.Weekly S515 integrity of a constitutional system of government with three independent and coequal branches, none Briefs and Other Related Documents ( Back to top) of which can either encroach upon the powers of another branch or improperly delegate its own 2004 WL 1868947 ( Appellate Brief) Reply Brief of Appellant Jeb Bush, Governor of the State of responsibilities. Florida ( Aug. 16, 2004) The continuing vitality of our system of separation 2004 WL 1696763 ( Appellate Brief) Answer of powers precludes the other two branches from Brief (Jut. 23, 2004) nullifying the judicial branch' s fmal orders. If the 2004 WL 1713754 ( Appellate Brief) Answer Legislature with the assent of the Governor can do Brief ( Jul. 23, 2004) Original Image of this what was attempted here, the judicial branch would Document ( PDF) be subordinated to the final directive of the other 2004 WL 1713757 ( Appellate Brief) Brief of branches. Also subordinated would be the rights of Amici Curiae Not Dead Yet et al. In Support of individuals, including the well established privacy Appellant and Requesting Reversal Organizations right to self detennination. See Browning, 568 Joining as Amici Curiae, Not Dead Yet, Adapt, The So. 2d at 11- 13. No court judgment could ever be ARC of the United States ( fonnerly the Association considered truly final and no constitutional right for Retarded Citizens), Center on Human Polic y, truly secure, because the precedent of this case Syracuse University, Center on Self Detennination, would hold to the contrary. Vested rights could be Disability Rights Center, Freedom Clearinghouse, stripped away based on popular clamor. The Hospice Patients' Alliance, Mouth Magazine, essential core of what the Founding Fathers sought National Council on Independent Living, National to change from their experience with English rule Disabled Students Union, National Spinal Cord would be lost, especially their belief that our courts Injury A ( Jul. 12, 2004) Original Image of this exist precisely to preserve the rights of individuals, Document ( PDF) even when doing so is contrary to popular will. 2004 WL 1592660 ( Appellate Brief) Initial Brief of Appellant Jeb Bush, Governor of the State of The trial court' s decision regarding Theresa Schiavo Florida ( Jul. 01, 2004) Original Image of this was made in accordance with the procedures and Document ( PDF) 2004 WL 1600009 ( Appellate Brief) Amicus protections set forth by the judicial branch and in accordance with the statutes passed by the Curiae Brief of Terri Schiavo' s Parents Mary and Robert Schindler Supporting Appellant and Filed Legislature in effect at that time. That decision is final and the Legislature' s attempt to alter that final with the Consent of the Parties ( Jul. 2004) unconstitutional as applied to is 2004 WL 1600010 ( Appellate Brief) Initial Brief adjudication Theresa Schiavo. Further, even if there had been of Appellant Jeb Bush, Governor of the State of no final judgment in this case, the Legislature Florida ( Jul. 2004) 2004 WL 1696764 ( Appellate Brief) Amicus provided the Governor constitutionally inadequate standards for the application of the legislative Curiae Brief of Terri Schiavo' s Parents Mary and authority delegated in chapter 2003- 418. Because Robert Schindler Supporting Appellant and Filed with the Consent of the Parties ( Jul. 2004) chapter 2003- 418 runs afoul of article II, section 3 of the Florida Constitution in both respects, we 2004 WL 1713758 ( Appellate Brief) Amicus affinn the circuit court' s final summary judgment. Curiae Brief of Terri Schiavo' s Parents Mary and Robert Schindler Supporting Appellant and Filed