Saturday, July 17, 2004

Proposed Florida Constitutional Amendments On Thursday the Florida Supreme Court released judgements on proposed initiatives that may go on the ballot in November. AP Story The Supreme Court reviews citizen initiatives to judge if they're clearly explained and if they deal with just one subject, as the state constitution requires. Those are the only two issues the court addresses. None of the citizen initiatives yet has enough verified signatures to make the ballot, but most are close and look likely to hit the 488,722 threshold by the Aug. 3 deadline. There are six initiatives that cleared the review process: 1. Florida Minimum Wage Amendment This amendment creates a Florida minimum wage covering all employees in the state covered by the federal minimum wage. The state minimum wage will start at $6.15 per hour six months after enactment, and thereafter be indexed to inflation each year. It provides for enforcement, including double damages for unpaid wages, attorney's fees, and fines by the state. It forbids retaliation against employees for exercising this right. Floridians For All (sponsor of amendment) Has 326,338 validated signatures out of the 488,722 required. 2. The Medical Liability Claimant's Compensation Amendment Proposes to amend the State Constitution to provide that an injured claimant who enters into a contigency fee agreement with an attorney in a claim for medical liability is entitled to no less than 70% of the first $250,000.00 in all damages received by the claimant, and 90% of damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This amendment is intended to be self-executing. Citizens For A Fair Share (sponsor of amendment) Has 482,807 validated signatures of 488,722 required. The next three amendments are sponsored by Floridians For Patient Protection (who oppose the previous amendment). 3. Patients' Right to Know About Adverse Medical Incidents. Current Florida law restricts information available to patients related to investigations of adverse medical incidents, such as medical malpractice. This amendment would give patients the right to review, upon request, records of health care facilities' or providers' adverse medical incidents, including those which could cause injury or death. Provides that patients' identities should not be disclosed. Has 373,865 valid signatures (488,722 required) 4. Public Protection from Repeated Medical Malpractice Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida. Has 384,083 valid signatures (488,722 required) 5. Physician Shall Charge the Same Fee for the Same Health Care Service to Every Patient Current law allows a physician to charge different prices for the same health care provided to different patients. This amendment would require a physician to charge the same fee for the same health care service, procedure or treatment. Requires lowest fee which physician has agreed to accept. Doesn't limit physician's ability to provide free services. A patient may review the physician's fee and similar information before, during or after the health care is provided. Has 341,501 valid signatures (488,722 required) 6. Repeal of High Speed Rail Amendment This amendment repeals an amendment in the Florida Constitution that requires the Legislature, the Cabinet and the Governor to proceed with the development and operation of a high speed ground transportation system by the state and/or by a private entity. Derail the Bullet Train (sponsor's website) Has 341,501 valid signatures (488,722 required). This seeks to repeal an amendment that narrowly passed in 2000 (results by county). In Florida (like many other states,) amendments are usually approved unless they are exceptionally controversial or strongly lobbied against. As a result, its constitution has gotten littered with trivial stuff like this that has no business being in a constitution. The deadline for signatures is August 3, 2004. On (or soon after) that day, I will have another post on this subject. Initiative Petition Process (Florida Division of Elections) LATER: St Petersburg Times article on how it's the doctors versus the lawyers in four of these amendments. MUCH LATER: And in the bullet train amendment, it's Seaworld and Universal theme parks versus Disney! EMBARASSINGLY LATER:  My inattention do detail caused me to think there were only six proposed amendments.  I failed to consider that there could be other amendments out there that had cleared Supreme Court Approval.  This one was approved on May 13, 2004. 7.  Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimetual Facilities. Authorizes Miami-Dade and Broward Counties to hold referenda on whether to authorize slot machines in existing, licensed parimutuel facilities (thoroughbred and harness racing, greyhound racing, and jai alai) that have conducted live racing or games in that county during each of the last two calendar years before effective date of this amendment. The Legislature may tax slot machine revenues, and any such taxes must supplement public education funding statewide. Requires implementing legislation. Florida Referendums 2004, Politics comment []1:18:18 AM   trackback []