[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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[Dog]

Wolfie on CNN just called this a political decision.......wow!

[Gelato]

CNN's Wolf Blitzer just said Governor Bush has signed the bill into law so that Terri could "continue living in a coma."

[trustandobey]

LOL you are so right! I'm tempted to send them this thread. Its time they had a clue.

[Diva Betsy Ross]

Oh, of course I didn't mean you I mean anyone.

[Right_in_Virginia]

God does work in mysterious ways.

[lonevoice]

Just heard on cnn radio news that Gov Bush faxed the order to the Hospice 25 minutes ago. CNN reporter on site said that the feeding tube should be inserted sometime later tonight. Wonder what would take them that long?

[Qwinn]

Jeb said he couldn't do anything. I think it was implicit that he meant he couldn't do anything -by himself-. I still believe that's true.

I don't doubt that he had a huge part to play in this bill getting passed. Many legislators mentioned that in their speeches.

Qwinn

[Dog]

The bias is shining thru today from the media.

[trustandobey]

all right, I have a policy not to go to CNN's website, but that did it, I have to tell them how stupid they are.

[Right_in_Virginia]

Well said!

Thank you.

I was preparing for the flames...

[editor-surveyor]

Wolf Blitzer just said Governor Bush has signed the bill into law so that Terri could "continue living in a coma."

Wolf's brain is blitzed.

[Gelato]

I wish FOX was doing this story...so far, MSNBC has the best coverage.

[NautiNurse]

I am flipping channels for local news coverage across Tampa Bay right now. Their top story is the airline security breach that happened days ago on two channels.

Finally! Channel 28 (ABC affiliate) is covering it. News says a GAL must be appointed before she can get hydration and nutrition.

[lonevoice]

CNN's Wolf Blitzer just said Governor Bush has signed the bill into law so that Terri could "continue living in a coma."

LOL! Too bad there's no medical science known to man that would help Wolfie out of continuing to live in his coma.

[shezza]

I don't know if these addresses have already been posted, but if you all can take a minute, please thank (or rebuke) the legislators who took voted today.

HOUSE YEAS (a vote for LIFE):

adams.sandy@myfloridahouse.com,allen.bob@myfloridahouse.com,altman.thad@myfloridahouse.com,
ambler.kevin@myfloridahouse.com,arza.ralph@myfloridahouse.com,attkisson.frank@myfloridahouse.com,
baker.carey@myfloridahouse.com,barreiro.gustavo@myfloridahouse.com,baxley.dennis@myfloridahouse.com,
bean.aaron@myfloridahouse.com,bense.allan@myfloridahouse.com,benson.holly@myfloridahouse.com,
berfield.kim@myfloridahouse.com,bilirakis.gus@myfloridahouse.com,bowen.marty@myfloridahouse.com,
brown.donald@myfloridahouse.com,brummer.fred@myfloridahouse.com,speakerbyrd@myfloridahouse.com,
cantens.gaston@myfloridahouse.com,carroll.jennifer@myfloridahouse.com,clarke.donna@myfloridahouse.com,
cretul.larry@myfloridahouse.com,culp.faye@myfloridahouse.com,
davis.don@myfloridahouse.com,davis.mike@myfloridahouse.com,dean.charles@myfloridahouse.com,
domino.carl@myfloridahouse.com,evers.greg@myfloridahouse.com,farkas.frank@myfloridahouse.com,
fiorentino.heather@myfloridahouse.com,galvano.bill@myfloridahouse.com,garcia.rene@myfloridahouse.com,
gardiner.andy@myfloridahouse.com,gibson.hugh@myfloridahouse.com,goodlette.dudley@myfloridahouse.com,
green.carole@myfloridahouse.com,harrell.gayle@myfloridahouse.com,harrington.lindsay@myfloridahouse.com,
hasner.adam@myfloridahouse.com,henriquez.bob@myfloridahouse.com,
homan.ed@myfloridahouse.com,johnson.randy@myfloridahouse.com,jordan.stan@myfloridahouse.com,
kallinger.jim@myfloridahouse.com,kilmer.bev@myfloridahouse.com,kosmas.suzanne@myfloridahouse.com,
kottkamp.jeff@myfloridahouse.com,kravitz.dick@myfloridahouse.com,kyle.bruce@myfloridahouse.com,
littlefield.ken@myfloridahouse.com,llorente.marcelo@myfloridahouse.com,mcinvale.sheri@myfloridahouse.com,
meadows.matt@myfloridahouse.com,mealor.david@myfloridahouse.com,murman.sandra@myfloridahouse.com,
murzin.dave@myfloridahouse.com,needelman.mitch@myfloridahouse.com,negron.joe@myfloridahouse.com,
patterson.pat@myfloridahouse.com,paul.jerry@myfloridahouse.com,peterman.frank@myfloridahouse.com,
pickens.joe@myfloridahouse.com,poppell.ralph@myfloridahouse.com,reagan.ron@myfloridahouse.com

HOUSE NAYS (a vote for DEATH):

anderson.tom@myfloridahouse.com,antone.bruce@myfloridahouse.com,ausley.loranne@myfloridahouse.com,
brutus.phillip@myfloridahouse.com,bucher.susan@myfloridahouse.com,fields.terry@myfloridahouse.com,
gannon.anne@myfloridahouse.com,gelber.dan@myfloridahouse.com,gibson.audrey@myfloridahouse.com,
gottleib.ken@myfloridahouse.com,harper.james@myfloridahouse.com,joyner.arthenia@myfloridahouse.com,
justice.charlie@myfloridahouse.com,kendrick.will@myfloridahouse.com,machek.richard@myfloridahouse.com,
richardson.curtis@myfloridahouse.com,ritter.stacy@myfloridahouse.com

And don't forget to thank Gov. Bush for his part in this miracle:
Governor Bush:
jeb.bush@myflorida.com

Thank yew, thankyewverymuch.

[Right_in_Virginia]

LOL! (Thanks for the smile)

BTW, do you think CNN notices this?

[Qwinn]

People are too happy right now to flame, I think (but they're thinking it). Wait a couple of days, repeat the same thing, and Bush will again be a demonic RINO who deserves to be recalled again. ;)

No one ever said that Democrats hold a monopoly in being physically unable to apologize.

"concerned about politics" retracted his harsh words about Jeb. He gets a huge amount of respect from me for it.

Qwinn

[Right_in_Virginia]

CNN's Wolf Blitzer just said Governor Bush has signed the bill into law so that Terri could "continue living in a coma."

Ah, maybe someone should direct him to the video....

[HiTech RedNeck]

"Well, to God be the glory foremost. Jeb at first had thrown up his hands at Greer's order. I wonder if he even anticipated the legislature would even pass such a bill at all, let alone give it as warm a welcome as it did?"

The heart of the king is like channels of water in the Lord's hands; He turns it however He wishes. Prov. 21:1

[Dante3]

I totally agree. Above all, the word of a cheating, slimy husband with vested financial interests should not be accept as Gospel truth.