By NRLC Department of Medical Ethics
Florida State Senator Stephen Wise (R-Jacksonville) has introduced S.B. 692, the Florida "Starvation and Dehydration of Persons with Disabilities Prevention Act." The bill would establish a presumption that those who cannot speak for themselves will be provided nutrition and hydration necessary to sustain their lives unless there is clear and convincing evidence that they gave express and informed consent to its refusal.
An earlier law designed to prevent Terri Schindler-Schiavo's starvation, which gave pro-life Governor Jeb Bush the ability to issue an order specifically to protect her, is being challenged in the Florida courts by her husband. Mr. Schiavo's attorneys claim that "Terri's law" unconstitutionally violates the separation of powers doctrine by specifically overturning a judicial decision in a particular case. Because the Wise bill would apply to all Florida residents incapable of making decisions for themselves, including but not limited to Terri Schindler-Schiavo, it would protect her even if the first "Terri's law" were to be struck down by the courts.
State Senate President James King, who had initially been the principal obstacle to enactment of the first "Terri's law," said in an interview with the Tampa Tribune that he would not allow the bill to leave committee and come before the full Senate for consideration. "I don't want anything on the floor in that Senate that is going to give platforms to people who want to roll back the hands of time for whatever reason," King said. "As soon as you put something on the floor, as well-intended as it may be, anybody can amend it. Then all of a sudden I'm sitting there facing a bill or bills that can dismantle what I consider to be my legacy.''
Pat Anderson, attorney for the Schindler family, commented, "Unfortunately, Senator King appears more concerned about leaving his legacy intact than he is about lives of disabled Florida citizens who are at risk of dehydration and starvation. If protective legislation like this had been Florida law during Terri's trial, we wouldn't be here today."