In denying the DCF's request to intervene in the dispute between Schiavo's husband and her parents over the brain-damaged woman's wishes, Circuit Judge George Greer also suggested the agency had an ulterior motive.

On Wednesday, DCF officials appeared before Greer to say they needed more time to investigate abuse allegations against Michael Schiavo than is afforded by the judge's order that Schiavo remove his wife's feeding tube on March 18.

After hearing a list of allegations that included failure to provide therapy; medical neglect; improper expenditures from a medical trust fund; and failure to fix a broken wheelchair, Greer concluded that all of the allegations except failure to repair the wheelchair previously had been dealt with in court.

Also, DCF investigation supervisor Susan McPhee acknowledged that the agency had investigated and cleared Michael Schiavo of similar accusations on scores of occasions since 1999.

On Thursday, Greer said he found that the DCF's assertion that it has a statutory obligation to open new investigations every time allegations are made to ring hollow.

``The requested intervention by DCF in this proceeding, although ostensibly brought to ensure compliance with its statutory mandate, appears to [be] brought for the purpose of circumventing the court's final judgment and order setting the removal date in violation of the separation of powers doctrine,'' Greer wrote in his ruling denying the motion to intervene.

The judge went on to quote the Florida Supreme Court's September ruling that Gov. Jeb Bush violated the separation of powers doctrine when he used an unconstitutional law to order Terri Schiavo's feeding tube reinserted six days after it had been removed on court order a year earlier.

``The judicial branch cannot be subject in any manner to oversight by the executive branch,'' the high court ruling states.

Lawyer Not Surprised By Ruling

DCF spokesman Tim Bottcher said agency officials ``are reviewing the judge's decision and are weighing our legal options.''

Michael Schiavo's attorney, George Felos, said he was not surprised Greer ruled in his client's favor by denying the DCF petition to intervene, ``but the judge's order is striking in its intensity.''

``He basically hung the DCF out to dry,'' Felos said. ``The petition was just a sham for the purpose of circumventing his order.''

Felos accused the governor of ordering the DCF to delay the removal of Terri Schiavo's feeding tube last week after Bush said he would try any legal avenue to keep Schiavo alive.

Schiavo has been in what her husband's doctors say is a persistent vegetative state since suffering heart failure in 1990 at age 26.

Bob and Mary Schindler contend their daughter reacts to them and could improve with therapy.

After a January 2000 nonjury trial, Greer ruled that testimony from Michael Schiavo and his relatives showed Terri Schiavo had made statements prior to her illness indicating she would not want to be kept alive in such a condition.

Schiavo Rejects $1 Million Offer

Also Thursday, Michael Schiavo rejected a California man's offer of $1 million in exchange for letting the Schindlers take control of their daughter, Felos said.

Schiavo rejected a similar offer of $10 million this week after a Florida lawyer contacted Felos on behalf of an anonymous client, Felos said.

``He has always said this case is not about money, it's about his wife's wishes,'' Felos said of Schiavo. ``We would say: Stop making these offensive offers.''