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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: ordinaryguy
Celebrations on the Hospice lawn. MSNBC covered it
141 posted on 10/21/2003 1:10:42 PM PDT by NautiNurse
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To: MarMema
Everytime I feel defeated by political losses, something like this miracle turns up and I feel rejuvenated.

Yes, indeed, civil protest does work, especially here on FR.
142 posted on 10/21/2003 1:10:57 PM PDT by Conservababe
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To: NautiNurse
I'm wondering if there is an ambulance there to whisk her away. She'll need medical treatment now.
143 posted on 10/21/2003 1:11:26 PM PDT by ordinaryguy
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To: Johnny Gage
YES!
*in air fist victory pump*
73 for life, 24 for murder.
Names, need names.
144 posted on 10/21/2003 1:11:38 PM PDT by Darksheare ("Hi. My name is: EVIL FORCE." Name tag seen at business convention.)
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To: MarMema
THEY ARE GOING TO PUT THE TUBE IN ASAP!!!

Thank God! I prayed for this one feeling great agony for Teri. I asked for intervention like crazy!!

145 posted on 10/21/2003 1:11:58 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: phenn
We really need an update on Terri now! Jeb just signed the bill to save her into law!!
146 posted on 10/21/2003 1:12:13 PM PDT by honeygrl
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To: ordinaryguy
Good point. I would hope so.
147 posted on 10/21/2003 1:12:18 PM PDT by NautiNurse
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To: Darksheare
http://www.myfloridahouse.com/FloorVote.aspx?voteid=3429
148 posted on 10/21/2003 1:12:23 PM PDT by ordinaryguy
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To: ordinaryguy
Thanks!
149 posted on 10/21/2003 1:13:15 PM PDT by Darksheare ("Hi. My name is: EVIL FORCE." Name tag seen at business convention.)
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To: concerned about politics
I think that the problem with some Hospice situations are that they are too quick to over medicate and hurry the death along. I don't know that it is with malice most of the time, but that they see the death as the foregone conclusion and lose sight of the preciousness of each day God gives us. They too quickly make their own personal judgment regarding "quality of life".
150 posted on 10/21/2003 1:13:25 PM PDT by KsSunflower
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To: MarMema
MarMema... do you have a link to the webcast?
151 posted on 10/21/2003 1:13:26 PM PDT by angelwings49
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To: KsSunflower
I heard conflicting reports - that maybe he didn't want her to have any pain relief at all.
152 posted on 10/21/2003 1:14:19 PM PDT by ordinaryguy
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To: Howlin
Vernon Robinson is GOING to be the next NC 5th District Congressman if I have anything to do with it! I've got my check to go out in today's mail for his campaign. If you think Jesse Helms was NC's biggest conservative, you ain't seen nothing yet!
GO VERNON!
153 posted on 10/21/2003 1:14:58 PM PDT by HanneyBean
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To: katnip
"My view of hospice and hospice workers is forever changed."

I get regular mailings from them - asking me to remember them in my will.

FAT CHANCE THAT WILL HAPPEN!!!

154 posted on 10/21/2003 1:15:09 PM PDT by LADY J
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To: angelwings49
Not any more...it's over!!
155 posted on 10/21/2003 1:15:38 PM PDT by MarMema (KILLING ISN'T MEDICINE)
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To: Qwinn
He may still be able to file (just as Terri's parents could always file), but the fact that he wouldn't be guardian anymore definetly -doesn't- hurt.

I was beginning to think, that in order to get Terri away from Mike, the State of Florida was going to have to declare "eminent domain" over her material body.

Since Felos and Schiavo have said all along that Terri is not a person (they've said she's already dead, she isn't "in there," etc.), they couldn't have had any objection to the state taking over her material body.

Since Felos said she was already dead, he couldn't say the state was treating her like she was chattel.

156 posted on 10/21/2003 1:15:47 PM PDT by syriacus (Judge Greer---YOU should have looked into Terri's eyes and asked her if she wanted life.)
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To: ordinaryguy
I heard conflicting reports - that maybe he didn't want her to have any pain relief at all.

I read it on an FR post that her husband said no. I don't remember a link for verification, though.

157 posted on 10/21/2003 1:16:22 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: editor-surveyor; netmilsmom

Ping!!

158 posted on 10/21/2003 1:16:27 PM PDT by 4mycountry (Here's to Bush '04, Mr. Limbaugh, the outlawing of speedos and the banning of kiddie animes! *glug*)
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To: NautiNurse; summer
But...but...how could this be?

Weren't people on here saying earlier this week Jeb was going to kill her, he was going to let her die?

Didn't they say he refused to use an executive order (which he couldn't) or "stay of execution" (which he couldn't).

Weren't the people who said they would have to find another legal way to have her tube reinserted criticized by our fellow "true conservatives" who refused to vote for Jeb?

Why, there's no way! Jeb is a murderer!

</sarcasm at the expense of people who are idiots>

159 posted on 10/21/2003 1:16:36 PM PDT by RedBloodedAmerican
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To: MarMema
THEY ARE GOING TO PUT THE TUBE IN ASAP!!! WE WON!!!!

PRAISE THE LORD!!!!!!

THANK YOU JESUS.

Father, I just praise you and thank you for your faithfulness and this victory over evil. I now lift up Terri to you for healing and restoration. I lift up the family who has fought long and hard and never gave up hope to help their daughter. I thank you for leaders who took a stand for life. Thank you for hearing our prayers. We give you the glory and honor and praise!!!

In Jesus Name Amen.

160 posted on 10/21/2003 1:16:54 PM PDT by CajunConservative
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