Florida House Panel Approves Ballot Proposal to Opt Out of Federal Health Care Overhaul

Strategic Insights -

The proposed constitutional amendment would allow Floridians to opt out of the federal health care overhaul plan, but constitutional law experts warn that it would not stand up in court. The proposal, sponsored by Republican Rep. Scott Plakon, would prohibit individuals and employers from being forced to participate in the federal system, which is expected to require almost everyone to have health insurance or face a fine starting in 2014. The amendment aims to block the individual mandate, a provision in the federal legislation that has sparked controversy.

Key Takeaways:

  • The proposed constitutional amendment (HJR 37) aims to allow Floridians to opt out of the federal health care overhaul plan.
  • The amendment would apply to any future state health insurance plan and prohibit individuals and employers from being forced to participate in the federal system.
  • Constitutional law experts, including Stetson University's Bruce Jacob and Georgetown University's Randy E. Barnett, have expressed doubts about the amendment's validity, citing the supremacy clause of the U.S. Constitution.
  • The federal legislation is expected to extend coverage to 32 million uninsured Americans.
  • Florida is among 38 states considering or having passed laws or constitutional amendments aimed at blocking the individual mandate.
  • The amendment's sponsor, Rep. Scott Plakon, argues that the federal bill and state plans requiring citizen participation are "anti-freedom, anti-liberty, and very likely unconstitutional."
  • The proposed amendment needs approval from three more committees before it can go to a floor vote.

Statistics:

  • 38 states are considering or have passed laws or constitutional amendments aimed at blocking the individual mandate.
  • 32 million uninsured Americans are expected to be covered under the federal legislation.
  • 2014 is the starting year for the fine imposed on individuals who fail to have health insurance under the federal plan.
  • The proposed amendments needs approval from three more committees before it can go to a floor vote.

Sources:

  • "Tallahassee - Floridians could opt out of the federal health care overhaul plan under a ballot proposal that cleared a House panel Monday..." - [AP]
  • "Florida is among 38 states that are considering or have passed laws or constitutional amendments with that intent, according to the National Council of State Legislatures." - [National Council of State Legislatures]
  • "It would be a waste of time to try to pass something of that kind," said Stetson University law Professor and Dean Emeritus Bruce Jacob. - [Interview with Bruce Jacob]
  • "Federal laws are the supreme laws of the land." - [U.S. Constitution, Article VI]