Florida Governor Jeb Bush's Executive Order 06-260

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FOR IMMEDIATE RELEASE

DECEMBER 15, 2006

CONTACT: KRISTY CAMPBELL

(850) 488-5394

Statement from
GOVERNOR JEB BUSH
Regarding Executive Order 06-260

“Today, I issued Executive Order 06-260, creating the Commission on
Administration of Lethal Injection. The Commission is charged with
reviewing the method in which the lethal injection protocols are
administered by the Department of Corrections.

“The team assembled by Department of Corrections Secretary Jim McDonough
continues to conduct a thorough process review of the execution of Angel
Diaz. All facts and information gathered by the team will be presented to
the Commission.

“The Commission will be comprised of appointments made by my office, the
Attorney General, the Senate President, the Speaker of the House and the
Chief Justice of the Florida Supreme Court. These appointees will represent
a cross-section of the scientific, medical, law enforcement and legal
communities.”

“I look forward to the Commission’s expeditious review of the lethal
injection protocols in Florida to ensure the method is consistent with the
Eighth Amendment of the United States Constitution and its prohibition
against cruel and unusual punishment.”
# # #

NOTE TO MEDIA: PLEASE SEE BELOW TEXT OF EXECUTIVE ORDER 06-260

STATE OF FLORIDA
OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 06-260

WHEREAS, the laws of Florida provide that, under certain circumstances,
murder in the first degree is punishable by death; and

WHEREAS, in 2000, the Florida Legislature determined that death by lethal
injection is the preferred method for carrying out a sentence of death,
leaving to persons under sentence of death the option of choosing to have
the death sentence administered by electrocution; and

WHEREAS, in implementing the death penalty, Florida has adopted procedures
and protocols for lethal injection intended to ensure that the lethal
injection is administered appropriately and in a manner that does not cause
unnecessary pain and suffering; and

WHEREAS, courts, including the Florida Supreme Court in the case of Sims v.
State, 754 So.2d 657 (Fla. 2000), and subsequent cases citing Sims, have
upheld Florida’s method of lethal injection as consistent with the Eighth
Amendment of the United States Constitution and its prohibition against
cruel and unusual punishment; and

WHEREAS, the cases that have upheld Florida’s lethal injection protocols
have done so based on evidence that the Department of Corrections was
adequately implementing and following such protocols; and

WHEREAS, the findings in the autopsy report prepared by William F.
Hamilton, M.D., Medical Examiner for the 8th Circuit, regarding Angel Diaz,
who was executed on December 13, 2006, indicate that the lethal injection
protocols may need to be reviewed to determine if any additional protocols
should be added or whether any existing protocols should be modified in any
way; and

WHEREAS, the significantly lengthier death process for Mr. Diaz compared to
that of other inmates who previously have been executed by lethal injection
in Florida, including, according to witness accounts, a longer period of
time during which Mr. Diaz lay conscious, should be considered; and

WHEREAS, as a matter of humanity, constitutional imperative, and common
sense, if the State is going to execute persons convicted of capital
crimes, it must do so in a manner that comports to its own protocols and
the United States and Florida Constitutions;

NOW, THEREFORE, I, JEB BUSH, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section (1)(a) of the Florida
Constitution, and all other applicable laws, do hereby promulgate the
following Executive Order, to take immediate effect:

Section 1. I hereby create the Governor’s Commission on Administration of
Lethal Injection (the “Commission”).

Section 2. The purpose of the Commission shall be to review the method in
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which the lethal injection protocols are administered by the Department of
Corrections and to make findings and recommendations as to how
administration of the procedures and protocols can be revised so that
Floridians, including those persons who are sentenced to death, can be
assured that the State continues to take reasonable and appropriate
measures to ensure that its administration of death by lethal injection
comports to the United States and Florida Constitutions, as interpreted by
current case law.

Section 3. The Commission shall be composed of 11 members, five of whom
shall be appointed by the Governor, three of whom shall be appointed by the
Attorney General, one of whom shall be appointed by the Senate President,
one of whom shall be appointed by the Speaker, and one of whom shall be
appointed by the Chief Justice of the Florida Supreme Court. To the extent
possible, the members of the Commission shall reflect a cross-section of
the scientific, medical, law enforcement and legal communities. At least
one such member of the Commission shall be an attorney with extensive
capital collateral experience or a present or former capital collateral
regional counsel or registry attorney. In order to provide the broadest
experience available to the Commission, at least three members shall be
persons who are not currently involved in the criminal justice system in
Florida. The Chairman shall be appointed by the Governor from among the
members of the Commission.

Section 4. Members of the Commission shall serve at the pleasure of the
appointing authority and shall serve without compensation, except that they
may be reimbursed for travel to Commission meetings at the rates permitted
under Section 112.061, Florida Statutes (2006).

Section 5. The Commission shall meet as often as necessary, and in no
event fewer than three times, and shall submit its preliminary report of
findings and recommendations to the Governor no later than February 1,
2007, and its final report of findings and recommendations by March 1,
2007. Upon issuance of its final report, the Commission shall be
dissolved. Moreover, all meetings of the Commission shall be open to the
public as set forth in Article I, Section 24(b) of the Florida Constitution
and Chapter 286, Florida Statutes (2006).

Section 6. The Commission’s purpose and mission shall be limited
to evaluating Florida’s lethal injection procedures and protocols,
including enforcement of those procedures and protocols, and shall not
extend to re-evaluating the policy decisions of the Legislature in enacting
a death penalty or the means chosen by the Legislature for implementing the
state’s death penalty.

Section 7. The Executive Office of the Governor shall provide
administrative support to the Commission.

Section 8. Until the Commission has issued its findings and
recommendations and the appropriate revisions to the Department of
Corrections’ procedures and protocols have been adopted, or until further
executive order, no further death warrants shall be signed.

Section 9. All state agencies under the direction of the Governor
are hereby ordered, and all other state agencies are hereby requested, to
provide such assistance to the Commission as may be requested by the
Commission in furtherance of this Executive Order.

IN TESTIMONY WHEREOF, I
have
hereunto set my
hand and caused
the Great
Seal of the
State of
Florida to be
affixed, at
Tallahassee,
the Capitol,
this 15th day
of
December, 2006.
ATTEST:
____________
__________________
GOVERNOR
______________________________
SECRETARY OF STATE