[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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[NautiNurse]

Fox News just did a blurb on the story. Didn't last 10 seconds.

[NautiNurse]

Do tell more details!

[concerned about politics]

I got called some pretty rough stuff, "deranged", "ignorant", etc.)

Heck, I didn't go that far! As far as voting for Bush, that's out , too. I'm in NY, fighting the she-devil! LOL

[RedBloodedAmerican]

Well, you are heads and shoulders above the rest of the crowd.

The comments (not necessarily by you) like calling Jeb names and stating that he CAN do something like an "executive order" or "storm in there and steal Terri" or a "stay of execution" which was said was uncalled for, IMO.

I am glad that what is being done now will have a strong impact, and hopefully save lives down the road, too.

Congrats to all freepers who wrote, phoned and posted good info in an effort to help her family.

[Qwinn]

"Now that he has intervened, I will bet you those people have changed their minds."

I hope you're right. As of this morning, even after last night's House vote, I still heard people cursing his name.

Qwinn

[CajunConservative]

Oh I agree completely, this isn't a right to die case. That's why I support saving her life. I just hate the government making laws that can open the door for restriction of my rights.

And if they didn't step in then what about the restriction of everybody's rights who become an inconvenience to their caregivers? This is more than personal rights to die here.

[ptrey]

QUINN, I didn't post that I wouldn't vote for Jeb, but I sure thought it. I still believe he's a wimp, but I'll vote for him if he runs for President in 2008. BTW...I'm an ex-Polk County resident.

Best, Will

[WackySam]

Just flashed on CNN, no more details yet.

[Johnny Gage]

I suspect he may try to interfere with the feeding tube and will be arrested. One can hope...

Or he will resist, and get the $hit kicked out of him by a crowd of supporters outside the Hospice.

[concerned about politics]

WOOO Judge declined to intervene when Mr Schiavo tried to stop it!!!!!!!

Good. Now arrest him for attemped murder, and justice will be done.

[sweetliberty]

Too bad the press and the TV media couldn't be as honest about what is really happening as this article is.

[TexasGunLover]

Ah but you see only Terri can separate her relationship. Please don't mistake what I am saying... I am glad that they're going to try to save Terri. It's the right thing in this case. But your spouse in this case has primary legal control in this situation, not your parents. Basically, here the government is overriding the wishes of that person who has legal control over someone. That is not good... we've seen it before in this liberal nut case of a world we are living in. This time it is to save Terri, next time it could be to prevent my loved one from carrying out my wishes. Remember it's a two way street...

[Qwinn]

Oh, and yes, I heard them claiming that if the House and Senate both passed the bill, Bush would veto it (as opposed to reality, where he signed it within 5 minutes of passage). Tell me that isn't completely irrational.

As for denying Felos's appeal.... WOOHOOO!!!

And in even MORE amazing news, the Federal Senate is about to vote to ban partial birth abortion, which is expected to pass!

The best day for the pro-life movement in my memory! Woooohoo!

Qwinn

[Simcha7]

SHALOM!

No we didn't win...YESHUA / JESUS THE HOLY ONE OF ISRAEL WON THIS BATTLE!!!

And HE ALONE GETS ALL THE GLORY!!!

TERRI receives her MIRACLE and we receive the BLESSINGS!

BARUCH Ha SHEM...AMEN AND AMEN!!!

[shezza]

Hmmmmm...wonder if leaving the hospice in wills is a practice encouraged widely while signing up new patients? This needs further investigation.

[agrace]

It's amazing isn't it. When I heard them say in the senate tha the governor was going to sign it and send it to Pinellas Co immediately I almost fell out of my chair.

But I won't relax until we hear she is being treated and is stable.

[4Godsoloved..Hegave]

Rev 5:13 And every creature which is in heaven, and on the earth, and under the earth, and such as are in the sea, and all that are in them, heard I saying, Blessing, and honour, and glory, and power, [be] unto him that sitteth upon the throne, and unto the Lamb for ever and ever.

[ET(end tyranny)]

This may have already been asked and answered, but since th ebill has passed in both the House and Senate, can't they reinsert the feeding tube NOW???

[texaslil]

Dig a bit deeper. Greer's court was made trustee of Terri's medical rehab fund. Read on another thread that Felos got $500,000 of it in legal fees. If it was $700,000 in the beginning, that doesn't leave much for her "rehab" for the last ten years. Doesn't Florida have oversite audits for such funds? And if so, who does them? This entire mess "stinks" to high heaven.

[ordinaryguy]

Yes, was is happening at the hospice? Is she getting what she needs now?