Florida referenda 2004

[BrainGlutton]

The following eight proposed constitutional amendments* are on the Florida ballot Nov. 2. Let’s debate 'em! Feel free to join in even if you don’t live in Florida!

*(In Florida, the only form of popular referendum is a constitutional-amendment referendum. Is it the same in other states? I think I would prefer a system where we could enact ordinary legislation by referendum – “ordinary legislation” in the sense that the legislature would be free to repeal or alter it, if they want to take that political risk. But that’s another discussion.)

1. PARENTAL NOTIFICATION OF A MINOR’S TERMINATION OF PREGNANCY

Proposing an amendment to the State Constitution to authorize the Legislature to require by general law for notification to a parent or guardian of a minor before the termination of the minor’s pregnancy. The amendment provides that the Legislature shall not limit or deny the privacy rights guaranteed to minors under the United States Constitution as interpreted by the United States Supreme Court. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the requirement for notification.

2. CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE

Proposing amendments to the State Constitution to require the sponsor of a constitutional amendment proposed by citizen initiative to file the initiative petition with the Secretary of State by February 1 of the year of a general election in order to have the measure submitted to the electors for approval or rejection at the following November’s general election, and to require the Florida Supreme Court to render an advisory opinion addressing the validity of an initiative petition by April 1 of the year in which the amendment is to be submitted to the electors.

3. The Medical Liability Claimant’s Compensation Amendment

Proposes to amend the State Constitution to provide that an injured claimant who enters into a contingency 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.

4. Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel 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.

5. 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.

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.

7. 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.

8. 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.

[ShibbOleth]

Ivylass tried this with a few of these, and they didn’t get very far, but I’m game to discuss them all.

1. PARENTAL NOTIFICATION OF A MINOR’S TERMINATION OF PREGNANCY

I’m on the fence on this one but leaning towards No. I don’t much trust the Legislature on anything, and so I’d like a little more clarification on the “shall provide exceptions” part. If my daughter decided to have an abortion I’d want to know about it, but I’d also like to think she wouldn’t be so scared of me or her mother that she couldn’t talk to us about it.
2. CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE

The objective of this one, as I understand it, is to protect the citizenry by making it transparent as to who is proposing the amendments and why. I’d rather see who is sponsoring the amendment AND have an independent group craft the amendment language to preven misleading language. I understand that last bit may not be practical.
3. The Medical Liability Claimant’s Compensation Amendment

I’ve heard good arguments here against this one, so I would tend to not want a governmental directive on this.

4. Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel Facilities

I don’t really care what they do on this. I’d just as soon legalize all gaming as well, since it would be good for tourism, but I won’t much care if it passes or not.
The one thing I don’t like on this is that it’s being sold as a way to help schools, and it inevitably will not help them at all and possibly hurt them.

5. Florida Minimum Wage Amendment
   Not sure why this needs to be different than Federal guidelines. AFAIK no one anywhere near here is making this little right now. I pay my employees $7.25/ hour, minimum, and if I paid them any less they’d leave for another job.

6. Repeal of High Speed Rail Amendment

I’d like to keep this in just to annoy the legislature.
7. Patients’ Right to Know About Adverse Medical Incidents

I can’t see any good reason not to allow this, but maybe someone can illuminate why this is a bad idea.

8. Public Protection from Repeated Medical Malpractice

This one scares me and I think will lead to a lower quality of healthcare in the state as doctors in high risk practices move out of of state.

[ivylass]

@BrainGlutton

1. PARENTAL NOTIFICATION OF A MINOR’S TERMINATION OF PREGNANCY

Proposing an amendment to the State Constitution to authorize the Legislature to require by general law for notification to a parent or guardian of a minor before the termination of the minor’s pregnancy. The amendment provides that the Legislature shall not limit or deny the privacy rights guaranteed to minors under the United States Constitution as interpreted by the United States Supreme Court. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the requirement for notification.

I’m voting Yes.

2. CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE

Proposing amendments to the State Constitution to require the sponsor of a constitutional amendment proposed by citizen initiative to file the initiative petition with the Secretary of State by February 1 of the year of a general election in order to have the measure submitted to the electors for approval or rejection at the following November’s general election, and to require the Florida Supreme Court to render an advisory opinion addressing the validity of an initiative petition by April 1 of the year in which the amendment is to be submitted to the electors.

I’m voting yes.

3. The Medical Liability Claimant’s Compensation Amendment

Proposes to amend the State Constitution to provide that an injured claimant who enters into a contingency 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.

Another yes.

4. Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel 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.

Voting no.

5. 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.

Voting no.

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.

Voting yes

7. 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.

I’m leaning toward yes, but I’m afraid there’s some unintended consequences here that have not occured to me.

8. 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.

Voting no.

[yoyodyne]

Quote:
7. 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.
I’m leaning toward yes, but I’m afraid there’s some unintended consequences here that have not occured to me.

The cynic in me would say it’s a ploy by trial lawyers to allow them to bolster malpractice suits with client-gathered information that they would otherwise be unable to get.

[ivylass]

I thought this information was already submitted to and compiled by the state gov’t, and this just allows public access. Certainly any information would be available via discovery in a lawsuit, no?

[BrainGlutton]

@yoyodyne

The cynic in me would say it’s a ploy by trial lawyers to allow them to bolster malpractice suits with client-gathered information that they would otherwise be unable to get.

And that would be a bad thing why?

BrainGlutton, Esq.

@ivylass

I thought this information was already submitted to and compiled by the state gov’t, and this just allows public access. Certainly any information would be available via discovery in a lawsuit, no?

It would be, yes – after suit is filed. But, the more info you have at the very start of a case, the better an idea you can have of whether there really is anything worth suing over, and, if so, what should be your avenues of approach.

[E72521]

1. PARENTAL NOTIFICATION OF A MINOR’S TERMINATION OF PREGNANCY

No. This is another stupid attempt by the radical right to undo a woman’s right to choose. A sixteen year old pregnant woman has to live with the responsibility of raising a child for a good part of her adult life. I’d consider a yes if the language included a provision that forced the opposing parent to sign a contract agreeing to support the child financially through age 18.

2. CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE

Yes. Its smart to have the FSC rule on the constitutionality of an amendment before the famously intelligent electorate gets a chance to jerk their knee in the voting booth

3. The Medical Liability Claimant’s Compensation Amendment

No. This is another stupid attempt by the wingnuts and the AMA to not have to police themselves. This will stop legitimate malpractice suits. Doctors need to stop blaming the lawyers when they amputate the wrong limb.

4. Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel Facilities

Yes. Anything that will supplement the dismal education system in Florida is good in my book.

5. Florida Minimum Wage Amendment

Yes. Mike Eisner can afford to cough up another buck for the poor slob that loads our kids on the Dumbo ride at the Rathouse.

6. Repeal of High Speed Rail Amendment

No. The People have already spoken, and Baby Bush has done everything to save us from ourselves. We already told you we want our train. Now deal with it.

7. Patients’ Right to Know About Adverse Medical Incidents

No. This is total bullshit. This allows anyone to dig through a hospital’s internal investigations that are now not discoverable. This will stop hospitals from investigating their errors, or changing the way they are conducted.

8. Public Protection from Repeated Medical Malpractice

No. No. No. This guarantees that all high risk specialties will leave the state. This is what happens when the State Medical Society and the AMA are too chickenshit to police themselves. This is the lawyer’s payback for #3 and a good reason to vote yes on #2.

[ShibbOleth]

@E72521

Yes. Anything that will supplement the dismal education system in Florida is good in my book.

Many years ago, when the Florida lottery was approved this money was going to fix the dismal education system. My suspicion is that the existence of the Lottery has been an ongoing excuse to not further fund education. I have no evidence save Florida’s continuing dismal primary and secondary education to support this suspicion. My question is, what does fund Florida’s primary and seconday learning institutions? I just moved from Ohio. My property taxes there were approx. $4k per year. The local school district spent, on average, $10,000 per child. The schools were excellent. Here, my taxes are going to be $5k per year. On a cheaper house. Our local school, which is rated an “A” by the state of Florida, spends on average $3,000 school. I would rate the school a C+ or B- at best. It’s seriously overcrowded*, and the fifth graders are all in trailers. The facilities, while clean and new, are insufficient.

So, what drives funding for schools? What happened to the 20 kids/class amendment?

*The overcrowded part apparently drives down the spending per student, since the previous school, in a different county, spent about $4,000/child. Still less than half of the spending from our previous schools.

[E72521]

All I can tell you is that unlike the lottery, any money raised through slot machines must suppliment school funding.

[ShibbOleth]

@E72521

All I can tell you is that unlike the lottery, any money raised through slot machines must suppliment school funding.

My concern is not that the money from slot machines must go to schools, it’s the psychology involved in ever raising any more money for schools once that happens. Let’s say, for example, that slot machines raise an additional $1 billion a year for schools. Now, let’s also say that the schools are still underfunded and need an additional $2 billion. So now you have a new referendum to raise property tax millage rates for the additional required funds. This might add an average of $100/year for a homeowner. $100 is not much, but the average person on the streets is going to think, “Gee, they just got a BILLION dollars for schools. They have all of that money from the slot machines. Why should I pay an extra $100 just because I own a house? Let the tourists who come to play the slots pay for it!”

Now, you’ll say, ah, but I know that just the slot machines can’t fund all of our school needs. But you’re smarter than the average bear. I don’t give the average voter in Florida that much credit.

[E72521]

@ShibbOleth

My concern is not that the money from slot machines must go to schools, it’s the psychology involved in ever raising any more money for schools once that happens. Let’s say, for example, that slot machines raise an additional $1 billion a year for schools. Now, let’s also say that the schools are still underfunded and need an additional $2 billion. So now you have a new referendum to raise property tax millage rates for the additional required funds. This might add an average of $100/year for a homeowner. $100 is not much, but the average person on the streets is going to think, “Gee, they just got a BILLION dollars for schools. They have all of that money from the slot machines. Why should I pay an extra $100 just because I own a house? Let the tourists who come to play the slots pay for it!”

Now, you’ll say, ah, but I know that just the slot machines can’t fund all of our school needs. But you’re smarter than the average bear. I don’t give the average voter in Florida that much credit.

I’ve heard estimates of more like $500,000,000 per year under ideal circumstances. That doesn’t even cover the budget for Orange County.

As you live here longer, you will begin to see how Floridians will fight any tax increase, no matter how noble the cause. These are the same people who live in gated communities and pay thousands in association fees to keep their compounds meticulously landscaped, but will whine like abandoned puppies if you try to raise their property taxes one nickel to improve an overcrowded freeway or classroom.

And the tourist industry? They’re a very powerful lobby and already put a disproportionately substantial amount of money into the state coffers.

The psychology is never raise taxes. Ever.

[BrainGlutton]

@E72521

I’ve heard estimates of more like $500,000,000 per year under ideal circumstances. That doesn’t even cover the budget for Orange County.

As you live here longer, you will begin to see how Floridians will fight any tax increase, no matter how noble the cause. These are the same people who live in gated communities and pay thousands in association fees to keep their compounds meticulously landscaped, but will whine like abandoned puppies if you try to raise their property taxes one nickel to improve an overcrowded freeway or classroom.

And the tourist industry? They’re a very powerful lobby and already put a disproportionately substantial amount of money into the state coffers.

The psychology is never raise taxes. Ever.

Dammit, we need to get a state income tax on the ballot!

But not this year.

[ivylass]

@E72521

3. The Medical Liability Claimant’s Compensation Amendment

No. This is another stupid attempt by the wingnuts and the AMA to not have to police themselves. This will stop legitimate malpractice suits. Doctors need to stop blaming the lawyers when they amputate the wrong limb.

But when the doctors amputate the wrong limb, if this passes, the victim gets most of the money, instead of the lawyer getting 40%.

I believe if this passes there will be more “settled” cases, since the cap does not apply to cases that don’t go to trial. Hmmmm…

[ivylass]

@BrainGlutton

Dammit, we need to get a state income tax on the ballot!

But not this year.

The state constitution forbids it. That’s why Governer Martinez was a one-term governor…he tried to pass a tax on “services,” which was interpreted to be a tax on income.

Until they show me they can better handle the money they have now, why should we agree to give them more?

[BrainGlutton]

@ivylass

The state constitution forbids it.

That’s why we need a constitutional amendment referendum.

[E72521]

@ivylass

But when the doctors amputate the wrong limb, if this passes, the victim gets most of the money, instead of the lawyer getting 40%.

I believe if this passes there will be more “settled” cases, since the cap does not apply to cases that don’t go to trial. Hmmmm…

The vast majority of cases already are “settled”. Now, when a doc royally screws up, do you think his insurance carrier is going to settle, or do you think they’ll tell the claimant’s lawyer “see you in court, sucker?” I’d rather see John Morgan make money and his clients see justice, than see a victim receive far less compensation because no lawyer will touch his case.

@BrainGlutton

Dammit, we need to get a state income tax on the ballot!

@E72521

As you live here longer, you will begin to see how Floridians will fight any tax increase, no matter how noble the cause.

@ivylass

The state constitution forbids it. That’s why Governer Martinez was a one-term governor…he tried to pass a tax on “services,” which was interpreted to be a tax on income.

See what I mean?

BrainGlutton, I second your motion.

[ShibbOleth]

Hey, this is beginning to look like a real discussion. And civilized, too. Not something you see in GD that often.

A couple more questions re Florida government, budget and citizen’s tax burden:

[ul]
[li]What is a good source to find the total Florida budget, including revenues, for current and past periods?[/li][li]I’d also like to see similar data for other New York, Texas, Pennsylvannia and Ohio, which are the states with most similar population size.[/li][li]For all of the above, is there a place to find data on the individual tax burden and tax burden by household? How about average household income?[/li][li]Is there a place that can compare elementary and secondary school quality across states? (I doubt there is any objective measure, but it can’t hurt to ask)[/li][/ul]

E72521, I have lived in Florida, off and on, since 1977, and had family here continuously since then, so I am a little familiar with the psychology here. It does seem to have changed a bit with the changing demographics in this area. But a lot of people here are here because there is no income tax.

Ivylass, the incentive to settle may not always be what’s best for the patient or the system. And the amendment does seem geared towards settlement. Actually, an incentive towards non-binding mediation first might not be a bad idea, but I don’t see that happening. But quietly settling cases may in some instances lead to bad doctors not being censured, which would leave future patients open to injury from them.

[furt]

How convenient. I haven’t yet sat down to look at the whole list … it’ll make my voting easier.

@BrainGlutton

1. PARENTAL NOTIFICATION OF A MINOR’S TERMINATION OF PREGNANCY

Yes.

3. The Medical Liability Claimant’s Compensation Amendment

Yes.

4. Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel Facilities

Yes, on the principle of local government.

5. Florida Minimum Wage Amendment

Leaning toward no. Industries like hospitality are exactly the sorts of ones that can just shrug and get rid of a couple maids to make up the difference. OTOH, these are jobs that can’t leave the state.

6. Repeal of High Speed Rail Amendment

No, and the only one I feel strongly about. Jeb’s sort of okay in general, but I’d like to give him a 2x4 in the rectum for trying to evade the people’s will on this. I’m very ambivalent about the rail; I’m not ambivalent about politicians trying to get out of enacting the policies we tell them to.

Still undecided on the rest.

[SuaSponte]

I’m tempted to vote “No” on all but #2 and #6 simply because the rest represent an abuse of the the constitutional amendment process in Florida. Amendments to the Constitution should address issues of government structure, not be a shortcut around the legislature. But since I’m stuck with this system, guess I gotta play the game.

1. PARENTAL NOTIFICATION OF A MINOR’S TERMINATION OF PREGNANCY

No. Not until the judicial waiver provisions are made explicit.

2. CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE

Yes. Anything to limit constitutional amendments.

3. The Medical Liability Claimant’s Compensation Amendment

No. The statute is an absurdity, and is predicated on a belief that plaintiff’s attorneys will act unethically and will not try to get all they can for their clients simply because they won’t get as much renumeration. That’s not how attorneys should act, and it is not how we should be encouraging attorneys to act.

4. Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel Facilities

Yes.

5. Florida Minimum Wage Amendment

Undecided at the moment. Probably no, but I can be swayed.

6. Repeal of High Speed Rail Amendment

No. Had I been in Florida at the time, I would have voted against the original amendment. But now that it is in the Constitution, it is unconscionable that the state’s elected officials have refused to act on it.

7. Patients’ Right to Know About Adverse Medical Incidents

Yes. Patients should have the right to know the qualifications of their doctor.

8. Public Protection from Repeated Medical Malpractice

No. Amendment 7 should be enough. Let the patients be able to find out about their doctors’ record, and let them decide whether they want to go to that doctor.

Sua

[BrainGlutton]

@SuaSponte

I’m tempted to vote “No” on all but #2 and #6 simply because the rest represent an abuse of the the constitutional amendment process in Florida. Amendments to the Constitution should address issues of government structure, not be a shortcut around the legislature.

It’s that way because, in our system, the only way to enact public policy by referendum is by a constitutional amendment. There is no provision for enacting ordinary leglislations (subject to later review, amendment or repeal by the ordinary legislative process) by referendum. I wish there were, as I stated inthe OP.

Or is it that your objection is to doing anything by referendum at all, unless it deals with “issues of government structure”?