[Florida] Senate Panel Approves Schiavo Bill

TBO.com ^ | October 21, 2003 | ALLISON NORTH JONES and ELAINE SILVESTRINI The Tampa Tribune

[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.

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[Darksheare]

Did I read the " - " marks correct as being abstaining from voting?

[TexasGunLover]

I agree... I'm all for living wills and have personally been involved with someone who was severely injured and should not have been kept on life support... this case just doesn't fit the same reasoning.

What makes this one different is that they're starving her to "euthanize" her. That just isn't right. I do however fully support the rights of someone to have a living will. There are certainly circumstances that I have witnessed in which I know I do not wish to be supported by artificial means. That doesn't mean if I can live on my own that I want you to stop feeding me.

The thing that does concern me about this, is that this law is another invasion of government into my rights. Remember this sets a precedence for the government to revoke the rights of your spouse. That I don't like, but I don't believe Terri should be starved to death. Tough situation...

[pgkdan]

Thank God! This is wonderful news!!

[Coral Snake]

This is only HALF THE BATTLE. If we really want justice in this case and a reminder to other creeps like Michael Schiavo and his death happy NewAgeJerk Lawyer George Felos then we must start working to have them CRIMINALLY PROSICUTED for their actions toward Terri!!!!

[concerned about politics]

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

FAT CHANCE THAT WILL HAPPEN!!!

In your will ??? Like "Hurry up and croak! We need the cash!"

[Soaring Feather]

Oh, my Thank YOU GOD!!!!!!!!!!!!!!

[angelwings49]

I truly believe we have witnessed a miracle here :) Thank you God, Blessed Mother Teresa, and everyone else we prayed to!!!! (And thank you, Governor Bush!!)

[KsSunflower]

CNN just perpetuated the myth that this is a "right to die" issue. It is a "right to kill" issue. We have no legal reason to believe that dying is what she wants. We have a husband with suspect motives on one side and a family who has loved and cared for her her entire life.

If a situation is unclear the "right to live" should trump the "right to die" everytime.

[Soaring Feather]

AMEN AMEN AMEN AMEN AMEN AMEN!!!!!!!!!

[texasbluebell]

Oh, yes, I've read all those reports!

If even half of it is true, this is beyond a horror.

[concerned about politics]

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

One was me. I figured they'd daudle too long. Some even changed their vote to "no" today, and that really ticked me off.

Bush came through. I was wrong.

[ordinaryguy]

'-' would mean no vote (absent, abstaining, etc)

[NautiNurse]

I am not going to worry about anything said by frantic FReepers over this case. I WILL, however, retain a memory like an elephant when it comes to RINO FL senators (Mike Bennett)

[Right_in_Virginia]

CNN just perpetuated the myth that this is a "right to die" issue

Might I suggest you turn you back on CNN...I did and the quality of my life ---and blood pressure---have greatly improved ;^)

[sweetliberty]

Part of the government's responsibility though is to protect its citizens. If I hear this referred to one more time as allowing Terri to "die with dignity" I will scream. I would like for some these self-appointed little gods to observe what is happening to Terri and then try to say there is anything dignified about it.

[Diva Betsy Ross]

Where did you hear that and who is putting the tube back in?

[cupcakes]

Oh, my view changed early this year. But the final decisions imo do rest with the family. In the bed next to my grandmother was a woman who was dying from cancer, but she was fed and hydrated. My grandmother had the unfortunate situation of having our very liberal, very screwed up youngest uncle in charge who went full steam ahead with the starvation diet. She had no chance to eat because she was morphine dripped out of her mind. There is even some doubt that she was terminal. One doctor sent her to a hospice, another doctor disagreed quite vehemently against that doctor saying that her tumor could be treated with radiation therapy which would at least give her time to go home, get her home in order, and even die there if she wished.
This is why Terri's case has been dear to my heart. I saw it happen with my grandmother who was not given the oppurtunity to die naturally(did I mentioned she breathed on her own and her lungs and heart were solid;they did not get raspy until the last day). Greedy family members could not even give her the additional 2 months it would have taken to die on her own terms. It's shameful and anything that would work in favor of the dying person and the family who wish to let them die naturally, I am all for!

[honeygrl]

"The thing that does concern me about this, is that this law is another invasion of government into my rights."

This law allows Jeb to place a ONE time stay. It shouldn't effect anyone but Terri.

[ordinaryguy]

Second House Vote

Y Adams
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Y Bean
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Y Benson
Y Berfield
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[Aliska]

They used the term "mob rule" on the radio report I heard.

Thanks to all of you who worked so fervently to save Terri. I hope she hasn't been further damaged by this latest that has happened to her. I'm still hoping that she can improve if she is allowed to receive proper care.