QUESTIONS AND ANSWERS ON THE FLORIDA STARVATION AND DEHYDRATION OF PERSONS WITH DISABILITIES PREVENTION ACT.

Why do we need more Florida legislation when "Terri's Bill" passed and she is now getting food and fluids?

"Terri's Bill" allowed Governor Jeb Bush to intervene and order Terri Schindler-Schiavo be given food and fluids. Under the language of that bill, that order will remain in effect unless the governor lifts it.

Unfortunately, George Felos, her husband's attorney, is challenging the constitutionality of "Terri's Bill." He is claiming it violates the "separation of powers" doctrine under the Florida Constitution, allegedly invading the province of the judiciary by allowing the governor and the legislature to direct the outcome of a specific pending case.

If the law is struck down, once all the appeals are exhausted, Terri's life will again be in danger. Although (at press time) the courts are not requiring that Terri be starved and dehydrated while the case goes forward, the case is on a fast track. Decisions are expected to come much more quickly than the normal pace of court cases.

We can hope and pray that the courts do not strike down "Terri's Bill." It was a brilliant stroke that has bought precious time. In the meantime, what can and must be done as a crucial back-up?

A bill that alters Florida law to create a general presumption for food and fluids for those who cannot speak for themselves would not face the separation of powers challenge. Such a bill has been drafted precisely to fit with controlling Florida Supreme Court opinions. It is carefully written to cover Terri's circumstances. It would also bring protection in the uncounted number of unpublicized cases in which persons with disabilities similar to (and, in many cases, less severe than) those of Terri are routinely denied food and fluids in nursing homes, hospices, and hospitals.

What can be done that the Florida courts won't strike down?