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[Florida] Senate Panel Approves Schiavo Bill
TBO.com ^ | October 21, 2003 | ALLISON NORTH JONES and ELAINE SILVESTRINI The Tampa Tribune

Posted on 10/21/2003 12:34:19 PM PDT by NautiNurse

TALLAHASSEE - A state Senate panel Tuesday morning approved legislation that would give Gov. Jeb Bush the power to order the feeding tube removed from Terri Schiavo reinserted.

The full Senate is expected to approve the bill Tuesday evening.

The battle to save Schiavo shifted to the state Capitol Monday, where legislative leaders agreed after intense, daylong negotiations to grant Bush the power to intervene in the emotionally charged case.

The Florida House of Representatives passed a bill 68-23 Monday night that would give Bush the authority to order the comatose Schiavo's feeding tube replaced, reversing a judicial order that other judges have upheld. Twenty-eight lawmakers did not vote.

The state Senate is expected to pass the same measure today and send it to Bush, who likely will sign the bill immediately.

``The proposed bill would allow for a stay in cases of withholding nutrition and hydration from patients in situations similar to that of Ms. Schiavo,'' Bush said in a statement.

Once the bill is signed, Bush will have 15 days to issue a one-time stay.

The move came just hours after an advocacy group for disabled people pleaded with a federal judge in Tampa to keep Schiavo, 39, alive long enough to investigate a claim that she is being abused by her husband. U.S. District Judge Steven D. Merryday said he will issue a decision in the nationally watched case soon.

Phones and computers across the state Capitol rang and chimed throughout the day as lawmakers were flooded with pleas to intervene in the Schiavo case. Earlier in the day, House Speaker Johnnie Byrd, a Plant City Republican running for the U.S. Senate, opened the possibility of legislative intervention by confirming that he planned to propose legislation to ``save'' Schiavo. Rep. John Stargel, R-Lakeland, sponsored the bill.

``The family is elated,'' said Randall Terry, a spokesman for Terri Schiavo's parents who are trying to keep their daughter alive. ``They recognize there are still hurdles to overcome. They're praying Terri's health holds out until the governor can intervene to save her.''

Urging caution is Senate President Jim King, R-Jacksonville.

King said he is leery of interfering in a case that has been vetted in nearly ``every court in the land.'' But citing ``unique and unusual circumstances,'' he signed off on what he considers a narrowly drafted measure that still delivers what Byrd and Bush want.

``If we are going to err, then let us err on the side of caution,'' King said. ``I just hope to God we've done the right thing.''

The bill gives Bush the power to issue a ``one-time'' stay under certain conditions.

All are designed to fit Schiavo's case. Among them, for example, is a requirement that the feeding tube must have been removed as of Oct. 15 - the day Schiavo's tube was removed. Others stipulate that the patient have no written advance directive or living will, and that a family member is actively challenging the judicial orders.

But the bill raised a variety of legal and constitutional concerns for lawmakers worried the Legislature was overstepping its bounds.

``This bill so oversteps our role, it not only sets a dangerous precedent, it turns democracy on its head,'' said Rep. Dan Gelber, D-Miami Beach.

In Tampa, an Advocacy Center for Persons with Disabilities attorney told Judge Merryday that the private agency received a telephone complaint Friday alleging Schiavo was the victim of neglect and abuse. The center is designated by the state to receive federal funds under a number of laws, including the Americans with Disabilities Act.

Attorney Gordon B. Scott asked Merryday to order that Schiavo be given nutrition long enough for the agency to investigate the abuse complaint. Such a temporary order, Scott said, would be in force for 10 days, after which Scott would be required to report any findings to the court.

Merryday asked Scott whether the agency would be in court if Terri Schiavo had left written instructions expressing her desire not to be kept alive on life support. State courts have ruled in favor of Michael Schiavo's claim that his wife had verbally expressed those wishes.

Scott said that if there were a legally valid written statement from Terri Schiavo, he would not have filed the request for the restraining order.

At the Pinellas Park hospice where Terri Schiavo spent her fifth full day without food or water Monday, the Schindler family remained upbeat while awaiting word from Tampa and Tallahassee.

The family is praying that the Legislature acts quickly to force the hospice to resume feeding Terri Schiavo, said her sister, Suzanne Carr.

``She seems to be alert,'' said her brother, Bob Schindler Jr. ``But every day that goes by, we're getting into a crucial time for her. She's got an incredible will to live.''

The Associated Press contributed to this report.

Reporter David Sommer contributed to this report. Reporter Allison North Jones can be reached at (850) 222-8382. Reporter Elaine Silvestrini can be reached at (813) 259-7837.





TOPICS: News/Current Events
KEYWORDS: terrischiavo
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To: Ragtime Cowgirl
ping
121 posted on 10/21/2003 1:06:33 PM PDT by Pan_Yans Wife (You may forget the one with whom you have laughed, but never the one with whom you have wept.)
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To: MarMema
WOOHOO!!!!!!!!!!!!!!!!!!!

Now, is it true that the amendment also removed the 15 day expiration? That she is saved indefinetly? I'm dying to read the exact text!

Qwinn
122 posted on 10/21/2003 1:06:33 PM PDT by Qwinn
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To: Gelato
I am in complete shock right now.
123 posted on 10/21/2003 1:06:43 PM PDT by MarMema (KILLING ISN'T MEDICINE)
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To: All
Jeb signed it now, right?
124 posted on 10/21/2003 1:06:53 PM PDT by Gelato
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To: NautiNurse
Terri will live!
125 posted on 10/21/2003 1:07:00 PM PDT by ordinaryguy
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To: MarMema
Now what?
126 posted on 10/21/2003 1:07:22 PM PDT by katnip (It is when a people forget God that tyrants forge their chains)
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To: Qwinn; phenn; katnip; agrace; Deo volente
THEY ARE GOING TO PUT THE TUBE IN ASAP!!!

WE WON!!!!

127 posted on 10/21/2003 1:07:33 PM PDT by MarMema (KILLING ISN'T MEDICINE)
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To: MarMema
Hallelujah!!! This is so obviously about the money for him, I just can't stand it. If not, why doesn't he just divorce her and get on with his own life. Why can't he just let the people who have loved and cared for her all of her life make the decisions? He is so transparent!!
128 posted on 10/21/2003 1:07:42 PM PDT by KsSunflower
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To: concerned about politics
I do believe the guardian ad litem definetly could, yes.

What's awesome about this is I think they outraced Michael Schiavo on his court order. I think it's a VERY good thing the law was signed before the Court got to hear that. They now -have- to take it into consideration.

Qwinn
129 posted on 10/21/2003 1:08:00 PM PDT by Qwinn
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To: concerned about politics
"He's filing papers right now to reverse the stay."

Lemme guess; putting it back in the hands of Judge Death Greer?

130 posted on 10/21/2003 1:08:14 PM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: katnip
My view of hospice and hospice workers is forever changed.

Same here. I thought they were kind people who helped people pass in peace and comfort. Now, I think they're pro-death and tourtous-type Kavorkians!!!

131 posted on 10/21/2003 1:08:26 PM PDT by concerned about politics ( Have you donated to the Salvation Army? Liberals HATE Christian organizations! Tax deductable, too)
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To: katnip; jimrob
And I bet FR HAD the NEWS FIRST.

TERRI GETS HER TUBE IN!!!

FREEPERS ROCK!!!

132 posted on 10/21/2003 1:08:31 PM PDT by MarMema (KILLING ISN'T MEDICINE)
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To: Qwinn
23 - 15.
133 posted on 10/21/2003 1:08:44 PM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: concerned about politics
He's filing papers right now to reverse the stay.

Whilst newage sewage Felon [er, Felos] is going Ommmmmmmmmmmmmmmmmmmm... this is a spiritual fight folks. The demons are flocking like buzzards.

134 posted on 10/21/2003 1:09:05 PM PDT by HiTech RedNeck
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To: MarMema
Praise God! Amen!

Now someone should file a citizens arrest against Michael for attempted murder.
135 posted on 10/21/2003 1:09:19 PM PDT by Snykerz
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To: MarMema
Prayers for Terri...I hope it is not too late....
136 posted on 10/21/2003 1:09:25 PM PDT by Gelato
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To: MarMema; Aeronaut; ALOHA RONNIE; AntiJen; Aquamarine; AuntB; AZ Flyboy; Beach_Babe; BeachBelle; ...

. . . . . . . Johnny Gage MEGA PING . . . . . . .

Freep mail me if you want off my list

TERRI'S GONNA LIVE!

137 posted on 10/21/2003 1:09:30 PM PDT by Johnny Gage (Instead of getting married again, I'm going to find a woman I don't like and give her a house.)
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To: apackof2
No more delays! jeb is signing it now!!
138 posted on 10/21/2003 1:09:51 PM PDT by honeygrl
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To: JustPiper
They had better hurry it along if they intend to save Terri. My grandmother was 81 and a hell of a fighter, but died day 8 on a steady "diet" of morphine, starvation, and dehydration. Only thing that kept her longer was that she was that she had edema already from the fluids they put in her a week before. Perhaps we can hope that a merciful nurse did the same for Terri--pumped her full of fluids before the tube was pulled.
139 posted on 10/21/2003 1:09:51 PM PDT by cupcakes
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To: HiTech RedNeck
Do we have any word from the vigil? What is happening at te hospice?
140 posted on 10/21/2003 1:09:59 PM PDT by ordinaryguy
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