Gov. Applauds Senate Approval Of Opt-Out Health Care Amendment
TALLAHASSEE (CBS4) -- The Florida Senate has agreed on a proposed constitutional amendment that would guarantee Florida residents the right not to purchase health insurance, in contradiction of a new federal law that requires it.
Wednesday morning, the proposed amendment (SJR 2) passed on a largely party line 29-10 vote. It now goes to the House where it's also expected to pass.
"Today, Senator Haridopolos and the Florida Senate put patients first with passage of the Health Care Freedom Act – the very first bill passed this session," said Governor Rick Scott in a written statement. "Today's vote is a giant step forward in stopping the federal government from imposing costly health care mandates on the state that kill jobs and limit personal choice."
The proposed 2012 ballot issue would be offered in response to President Barack Obama's federal health care overhaul.
The Legislature passed a similar amendment last year, but the Florida Supreme Court removed it from the ballot because its summary was inaccurate and misleading. However, Senate President Mike Haridopolos, R-Merritt Island, has removed the disputed wording from the new version of the bill, as he and other supporters look to make it immune to future legal challenges.
Haridopolos brought the politically charged measure to the Senate floor Tuesday, the first day of the annual legislative session. The proposed amendment is aimed at allowing Floridians to opt out of a future requirement that they buy health insurance or face financial penalties. The so-called "individual mandate" has been the most-controversial part of the health law that President Barack Obama and a Democratic-controlled Congress approved last year.
"This is a simple idea about freedom,'' Haridopolos said during brief comments on the Senate floor.
Once approved by the Legislature, the proposed amendment would go before voters during the 2012 elections. It would need approval from 60 percent of voters to be placed into the state constitution.
Under the federal law, almost all Americans will be required to have health insurance starting in 2014. But the proposed amendment would try to short-circuit that requirement for Floridians, saying that "a law or rule may not compel, directly or indirectly, any person or employer to purchase, obtain, or otherwise provide for health care coverage.''
Even if Florida voters ultimately approve the amendment, it remains unclear whether they will be able to opt out of the health mandate. That is because the amendment could be subject to a challenge under the U.S. Constitution's Supremacy Clause.
The clause comes into play when state and federal laws conflict and generally favors federal laws.
The News Service of Florida contributed to this report.
