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CS/SJR 2 — Health Care Services

by Budget Committee and Senators Haridopolos, Lynn, Wise, Gaetz, Dean, Benacquisto, Hays, Fasano, Bennett, Diaz de la Portilla, Oelrich, Negron, Storms, Evers, Flores, Simmons, Jones, Gardiner, Garcia, Alexander, Latvala, Altman, Thrasher, Detert, Norman, Richter, Dockery, and Bogdanoff

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Health Regulation Committee (HR)

This is a joint resolution proposing the creation of s. 28, Art. I of the Florida Constitution to preserve the freedom of Florida residents to provide for their own health care by: 

  • Prohibiting a law or rule from compelling a person or employer to purchase, obtain, or otherwise provide for health care coverage.
  • Permitting a person or employer to pay directly for lawful health care services without being penalized or taxed.
  • Permitting a health care provider to accept direct payment for lawful health care services without being penalized or taxed.
  • Prohibiting a law or rule from abolishing the private market for health care coverage of any lawful health care service. 

The joint resolution specifies that it does not affect certain health care services; prohibit care provided pursuant to worker’s compensation law; affect laws or rules in effect as of March 1, 2010; affect the terms or conditions of any health care system, unless certain circumstances exist; or affect any general law passed by a two-thirds vote of the membership of each house of the legislature after the joint resolution has become effective. 

The joint resolution also provides definitions for certain terms and includes a summary statement that is to be placed on the ballot for the next general election.

If adopted by the voters at the 2012 General Election, this resolution will take effect January 3, 2013.
Vote:  Senate 29-10; House 80-37