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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: angelwings49
"So does this mean it's on it's way to Jeb for signature????"

No, it means that it is on the way back to the House for approval of the amended version of the bill.

221 posted on 10/21/2003 1:37:45 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: ET(end tyranny)
Now that the governor has signed it--YES!
222 posted on 10/21/2003 1:37:50 PM PDT by NautiNurse
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To: NautiNurse; All
I think that all those people whom were bagging on Jeb Bush a few days ago should apologize.
223 posted on 10/21/2003 1:38:13 PM PDT by Tempest (The election is over deal with it.)
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To: sweetliberty
The bill is signed, sealed, and in effect.
224 posted on 10/21/2003 1:38:31 PM PDT by NautiNurse
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To: Johnny Gage
Or he will resist, and get the $hit kicked out of him by a crowd of supporters outside the Hospice.

I hope there's a camera crew on hand for such a momentous occasion.

225 posted on 10/21/2003 1:38:32 PM PDT by shezza (Godspeed, Jeb. Terri's waiting for you. We all are....)
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To: TexasGunLover
"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..."

Have a living will and it won't be a problem. The bill specifically only addresses where a living will didn't exist. I don't care -what- someone's spouse says, a "desire to die" should -never- be upheld by nothing more than oral testimony from the spouse. Infinitely abusable. Especially in this situation, where he's had a huge conflict in terms of financial gain (getting a hold of the malpractice suit award that he swore would be used to rehabilitate her, which he hasn't done).

Qwinn
226 posted on 10/21/2003 1:39:05 PM PDT by Qwinn
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To: shezza
"Hmmmmm...wonder if leaving the hospice in wills is a practice encouraged widely while signing up new patients? This needs further investigation."

Not sure about that. I was never a patient of theirs - but somehow got on their mailing list.

227 posted on 10/21/2003 1:39:05 PM PDT by LADY J
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To: NautiNurse
Good news indeed... but I'm concerned if Terri needs other care because she's been with out food and water for 6 days who has the right to decide if she gets that medical attention? What a horrible ride for Terri this is, lets not forget. How scary it must be inside her mind... I have a good close friend who is in a simlar state and I can assure you that there is some level of understanding... without therapy (which Terri hasn't gotten) he would be identical to Terri. But in his case, he can point a flash light at objects when you ask him too even though he can't walk or eat...
228 posted on 10/21/2003 1:39:08 PM PDT by TexasGunLover ("Either you're with us or you're with the terrorists."-- President George W. Bush)
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To: Qwinn
And in even MORE amazing news, the Federal Senate is about to vote to ban partial birth abortion, which is expected to pass!

I hope so. MSNBC just claimed a long battle for womans rights.
Stupid pro-death liberals!

229 posted on 10/21/2003 1:39:31 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: Qwinn
Have a living will and it won't be a problem. The bill specifically only addresses where a living will didn't exist. I don't care -what- someone's spouse says, a "desire to die" should -never- be upheld by nothing more than oral testimony from the spouse. Infinitely abusable. Especially in this situation, where he's had a huge conflict in terms of financial gain (getting a hold of the malpractice suit award that he swore would be used to rehabilitate her, which he hasn't done).

I agree with you completely.
230 posted on 10/21/2003 1:40:05 PM PDT by TexasGunLover ("Either you're with us or you're with the terrorists."-- President George W. Bush)
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To: 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??? "

Jeb said he was sending to order to pinellas county as soon as he signed it! (and he said he was signing it right then)
231 posted on 10/21/2003 1:40:16 PM PDT by honeygrl
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To: NautiNurse
Really? So the house has already approved the amended version?
232 posted on 10/21/2003 1:40:37 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: Tempest
I do not understand your post. Those who worked hard for this moment should not need to demand apologies.
233 posted on 10/21/2003 1:40:40 PM PDT by NautiNurse
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To: sweetliberty
"No, it means that it is on the way back to the House for approval of the amended version of the bill. "

No, Jeb has signed it and it's law now!
234 posted on 10/21/2003 1:40:53 PM PDT by honeygrl
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To: sweetliberty
"No, it means that it is on the way back to the House for approval of the amended version of the bill."

You missed a lot, Sweet. The House voted and Jeb signed it in record time. I don't think it was even 15 minutes before the Senate finished voting and the bill was signed into law. Also, Felos's appeal was rejected. Woot!

Qwinn



235 posted on 10/21/2003 1:40:55 PM PDT by Qwinn
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To: sweetliberty
Honey, Jeb has even signed it!
236 posted on 10/21/2003 1:41:00 PM PDT by NautiNurse
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To: NautiNurse
What is going on with that court hearing at 4:15 eastern.
237 posted on 10/21/2003 1:42:32 PM PDT by Dog
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To: 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.

Awww. Those creeps. It just keeps getting worse. Pay the right price, and murder is for hire.

238 posted on 10/21/2003 1:42:34 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: NautiNurse
Praise God!!! I had someone here working on my washer and everything was moving so fast. I guess I did miss a lot! Thanks! So how long now till Terri is rescued?
239 posted on 10/21/2003 1:42:48 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: sweetliberty
It was amazing--as soon as the Senate voted, it was before the House. As soon as the House voted, the phone rang--it was Jeb saying he was on his way over to sign it.

I hope Terri's parents get to keep the pen he used to sign that bill.

240 posted on 10/21/2003 1:43:06 PM PDT by NautiNurse
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