Florida Healthcare, Amendment 1 (2012)
|Referred by:||Florida State Legislature|
|Topic:||Healthcare on the ballot|
The proposed measure required 60 percent voter approval for adoption.
- See also: 2012 ballot measure election results
|Florida Amendment 1|
These results are certified and final.
Results via the Florida Department of Election's website.
Text of measure
The official ballot text read as follows:
ARTICLE I, SECTION 28HEALTH CARE SERVICES.—Proposing an amendment to the State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage; permit a person or an employer to purchase lawful health care services directly from a health care provider; permit a health care provider to accept direct payment from a person or an employer for lawful health care services; exempt persons, employers, and health care providers from penalties and taxes for paying directly or accepting direct payment for lawful health care services; and prohibit laws or rules from abolishing the private market for health care coverage of any lawful health care service. Specifies that the amendment does not affect which health care services a health care provider is required to perform or provide; affect which health care services are permitted by law; prohibit care provided pursuant to general law relating to workers’ compensation; affect laws or rules in effect as of March 1, 2010; affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or an employer for paying directly for lawful health care services or a health care provider for accepting direct payment from a person or an employer for lawful health care services; or affect any general law passed by two-thirds vote of the membership of each house of the Legislature, passed after the effective date of the amendment, provided such law states with specificity the public necessity justifying the exceptions from the provisions of the amendment. The amendment expressly provides that it may not be construed to prohibit negotiated provisions in insurance contracts, network agreements, or other provider agreements contractually limiting copayments, coinsurance, deductibles, or other patient charges.
In 2010, the legislature referred a similar measure to the 2010 statewide ballot. However, the measure was removed from the ballot by court order on July 29, 2010. Leon County Circuit Judge James Shelfer said the measure was misleading and could confuse voters. On August 31 the Florida Supreme Court upheld previous lower court decisions to throw out Amendment 9. "The ballot language put forth … contains misleading and ambiguous language. Currently our only recourse is to strike the proposed constitutional amendment from the ballot," said the justices. The 2010 legislation was sponsored by Rep. Scott Plakon and Sen. Carey Baker.
Reports in November 2010 the 2012 indicated that proposal did not include wording that was found questionable by judges in 2010. Specifically judges questioned the following statement (which is not included in the 2012 proposed text): "ensure access to health care services without waiting lists, protect the doctor/patient relationship,” and ”guard against mandates that don’t work."
Supporters of the proposed measure argued that the federal health care law is an abuse of federal power, in part due to the requirements that people buy health insurance. Sponsor of the measure Rep. Scott Plakon said, "I say keep your hands off my freedom."
Opponents of the proposal argued that a constitutional amendment may not ensure that citizens can opt out of the individual mandate set forth by the federal reform. They argued that the Supremacy Clause in the United States Constitution would override the state laws, making the proposed amendment a moot point.
Path to the ballot
- On December 8, 2010, the Health Regulation Committee voted 9 to 2 in favor of the bill.
- On January 11, 2011 the Judiciary Committee echoed the decision with a 5 to 1 vote in support. The House version of the bill (HJR 1) has been referred to three committees: HHS Quality Subcommittee, State Affairs Committee and Health and Human Services Committee.
- The measure was approved by the Florida State Senate on March 9, 2011, following a vote of 29-10.
- The measure was approved by the Florida House of Representatives on May 4, 2011, following a 80-37 vote.
The following is a timeline of events surrounding the measure:
|Court Ruling||Jul. 29, 2010||A similar measure was sent to the 2010 ballot, but was removed by court order.|
|Appeal||Aug. 31, 2010||The Florida Supreme Court upheld previous lower court decisions to throw out measure.|
|Vote||Dec. 8, 2010||The Health Regulation Committee voted 9 to 2 in favor of the newly proposed bill.|
|Vote||Jan. 11, 2011||Judiciary Committee approved measure with 5 to 1 vote in support.|
|Vote||Mar. 9, 2011||Measure was approved by the Florida State Senate with a 29 to 10 vote.|
|Vote||May 4, 2011||Florida House of Representatives approve measure with vote of 80 to 37.|
In 2010 similar measures appeared on a total of four statewide ballots. Three were approved by voters while one was defeated.
Arizona Health Insurance Reform Amendment (2010)
Colorado Healthcare, Amendment 63 (2010)
Oklahoma Healthcare Freedom Amendment, State Question 756 (2010)
Missouri Healthcare Freedom, Proposition C (2010)
- Florida lawmakers approve health care amendment and put marijuana on the table
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- Florida health care measure gains steam in the Senate
- Florida lawmakers resurrect proposed health care amendment
- The Miami Herald, "Lawmakers ask voters to weigh in on abortion, taxes and more issues in 2012," May 11, 2011
- The Herald Tribune, "Legislature passes 7 ballot items for 2012," May 6, 2011
- Associated Press, "House puts health care measure on Florida ballot," May 4, 2011
- The Palm Beach Post, "Feds put stipulations on lawmakers' efforts to overhaul Medicaid," April 28, 2011
- New American, "Fla. Senate Approves Healthcare Freedom Amendment," March 20, 2011
- Sunshine State News, "Healthcare Amendment on Tap as Committee Meetings Start," December 7, 2010
- Orlando Sentinel, "Senate President Haridopolos will push health-care amendment," November 22, 2010
- Florida Senate Joint Resolution 2
- The Florida Independent, "Florida Republicans continue fight against Affordable Healthcare act," December 6, 2010
- Florida Secretary of State, "Amendment 1," accessed September 25, 2012
- Herald Tribune, "Health amendment tossed off ballot; state will appeal," July 30, 2010
- The Christian Science Monitor, "Florida voters can’t strip down Obama health-care bill, judge rules," August 31, 2010
- Associated Press, "Florida Senate revives challenge to Obama's health care law," December 9, 2010
- NorthEscambia.com, "Voters To Get Obama Healthcare Mandate Question," May 5, 2011
- Sunshine State News, "Healthcare Opt-Out Amendment Bill Breezes Through Committee," January 12, 2011
- Florida Senate, "SJR 2 vote history," accessed January 12, 2011
- Florida Today, "State GOP adds fuel to universal health care fight," January 12, 2011
- The Tampa Tribune, "State Senate approves health care amendment for 2012 ballot," March 9, 2011
- Florida Today, "Florida Senate sets 'Obamacare' showdown for 2012," March 9, 2011
- The Palm Beach Post, "Legislature puts four amendments up for vote in 2012," May 5, 2011
- Florida State Senate, "SJR 2 vote on May 4," May 4, 2011
- CBN News, "Fla. Legislature Votes to Put 'Obamacare' on Ballot," May 5, 2011