Renewed Emphasis on Amendment Opposing Federal Health Care Law
The Florida Senate is again taking steps toward a state constitutional amendment in opposition to the federal Affordable Care Act. The legislature pursued an amendment last year (Amendment 9), but state courts precluded it from appearing on the ballot by finding the ballot summary to be misleading.
The Senate Judiciary Committee has passed a resolution by a 5-1 vote seeking to place the issue in front of voters in the form of a constitutional amendment that would prohibit the federal law’s requirement that individuals either buy health insurance or be fined.
“It has the idea of making sure that everyday people have the opportunity to pick the doctor of their choice and the health-care opportunities of their choice,” Senate President Mike Haridopolos told the committee. “This is a constitutional amendment that’ll be placed on the ballot in 2012 so that voters have the final say on mandates being handed down by Washington, D.C.”
State Sen. Arthenia Joyner, a Tampa Democrat said the legislature would be better served allowing the judicial process to work. “We all know that, ultimately, the U.S. Supreme Court will decide the issue. Really, we are ahead of the game and really we need to step back,” Joyner said. “We need to allow the judicial system to work. This is not a good use of our time at this time.”
Haridopolos disagreed, arguing that it is important for the state to preserve individual freedoms.
A similar resolution is proposed in the House by state Rep. Scott Plakon, R-Longwood.
In federal court, the state continues its legal challenge. Attorney General Bill McCollum filed suit challenging the federal law, and his successor Pam Bondi is continuing the suit. Florida is joined by 19 other states, and two separate challenges are pending in other states. Governor Rick Scott also opposes the federal law, joining with 32 other governors in a letter to President Obama and other federal officials opposing the new law. Governor Scott said in connection with the letter, “Florida should get to determine what program is the right fit for our state in terms of a Medicaid program, and the federal mandates are essentially the federal government telling us what program will work best for our state, while we are forced to pick up part of the bill.”