Vote2004: Florida Amendments (+)
How I am voting (and why):
DISCLAIMER #1: I am idiot when it comes to law because legal stuff is frequently illogical and that confuses my logic circuits. Take this advice for what it is – free (you get what you pay for…)
DISCLAIMER #2: I sound like a real lawyer-bashing citizen. I know several lawyers that I am proud to call "friend", I have the highest respect and trust for them, it’s the ambulance chasing shysters pushing people to sue just for money and not justice that I oppose.
My rule of thumb is to vote against amendments to the State Constitution (or City Charter). A constitution should be a living document concerning the responsibilities and protected freedoms of the citizens. Way too often some group is trying to slide a law into place. Keep the laws to the statue books please. Having said that here is how I intend to vote and why.
OVERVIEW: FOR #1, #3, #6 AGAINST the rest
YES #1 parental notification of abortions for minors.
The State Supreme Court has struck down a couple of attempts by the legislature to make this a law. So this is an end run to overrule the court. In Florida a minor child cannot get an ear pierced without parental consent, but the courts have ruled a minor can have surgery (abortion) and the parents never notified. While I will vote FOR this amendment it will be ineffective because a judge can issue an exception. As a parent my question is this: if my minor child has surgery without my knowledge and there are complications, who is responsible for the medical bills? That question alone is more than enough reason why parents need this passed.
NO #2 Amendment proposed by initiative
I see this as an attempt by the Legislature to limit grassroots’ efforts to get amendments on the ballot. Power to the people.
YES #3 Medical liability cap on LAWYERS
If I understand this amendment it will keep lawyers from receiving big chunks of medical liability cases. The injured party, not the law firm, will get the bulk of any settlement. Not exactly the tort reform I want to see but it might reduce some of the outrageous lawsuits.
NO #4 South Florida gambling
I was against the lottery (still am). This amendment would allow slot machines – the foot in the door for casinos. Talk to people in Atlantic City about how much casinos improved their life.
NO #5 Florida minimum wage
Perfect example of this-has-no-business-in-the-constitution. Of course I am opposed to this even as a run-of-the-mill law. I believe in fair market value. If there is grunt job that people will do for a dollar per hour then why is a business forced to pay more? Forced wage increases will fuel inflation, after all someone has to pay for it. A business struggling to make will probably have to lay people off. Raising the minimum wage will bump everyone at the low end of the pay scale. This could force businesses to leave the state and scare new business away.
YES #6 Repeal bullet train amendment
Not sure about the cost but I’m in favor a high speed train. BUT WHY DID WE THE PEOPLE APPROVE AN ADMENDMENT TO DO IT? By all means repeal this puppy. This one really highlights my rule of thumb (keep the constitution lean and clean).
NO #7 Patients’ right to know
At first read I was for this amendment. But I dug a little and found this one is sponsored by lawyers (translated they spent BIG bucks to get it and #8 on the ballot). I’m dubious now that this is about patients’ right-to-know but really about making it easier for lawyers to chase ambulances. Got to use my rule of thumb and vote no.
NO #8 Three Strike law for doctors
Like #7 lawyers have spent BIG bucks to get it on the ballot. This one really scares me. If a doctor is convicted three times of malpractice s/he loses the right to practice medicine in Florida. But gee that sounds like a good idea. Talk to your favorite doctor and find out how many times they have been sued for malpractice.
SCENARIO: Doctor delivers baby, baby has a problem, lawyer convinces family they should sue; jury decides family needs cash for long-term care and the doctor’s insurance company has deep pockets. Doctor loses, lawyer gets nice chunk of settlement (until amendment #1 gets passed).
Two more times and the state loses another doctor. If you were a new doctor getting ready to start a practice would you pick a state with a 3-strike law over one without it?
DISCLAIMER #1: I am idiot when it comes to law because legal stuff is frequently illogical and that confuses my logic circuits. Take this advice for what it is – free (you get what you pay for…)
DISCLAIMER #2: I sound like a real lawyer-bashing citizen. I know several lawyers that I am proud to call "friend", I have the highest respect and trust for them, it’s the ambulance chasing shysters pushing people to sue just for money and not justice that I oppose.
He's an ambulance chaser, a waver of papers
He loves to mix with the movers and shakers
He's taking from them; He's taking from you
Lawyers love money, Anybody's will do
(Just take it)
- from the song "License to Steal" by Al Stewart
My rule of thumb is to vote against amendments to the State Constitution (or City Charter). A constitution should be a living document concerning the responsibilities and protected freedoms of the citizens. Way too often some group is trying to slide a law into place. Keep the laws to the statue books please. Having said that here is how I intend to vote and why.
OVERVIEW: FOR #1, #3, #6 AGAINST the rest
YES #1 parental notification of abortions for minors.
The State Supreme Court has struck down a couple of attempts by the legislature to make this a law. So this is an end run to overrule the court. In Florida a minor child cannot get an ear pierced without parental consent, but the courts have ruled a minor can have surgery (abortion) and the parents never notified. While I will vote FOR this amendment it will be ineffective because a judge can issue an exception. As a parent my question is this: if my minor child has surgery without my knowledge and there are complications, who is responsible for the medical bills? That question alone is more than enough reason why parents need this passed.
NO #2 Amendment proposed by initiative
I see this as an attempt by the Legislature to limit grassroots’ efforts to get amendments on the ballot. Power to the people.
YES #3 Medical liability cap on LAWYERS
If I understand this amendment it will keep lawyers from receiving big chunks of medical liability cases. The injured party, not the law firm, will get the bulk of any settlement. Not exactly the tort reform I want to see but it might reduce some of the outrageous lawsuits.
NO #4 South Florida gambling
I was against the lottery (still am). This amendment would allow slot machines – the foot in the door for casinos. Talk to people in Atlantic City about how much casinos improved their life.
NO #5 Florida minimum wage
Perfect example of this-has-no-business-in-the-constitution. Of course I am opposed to this even as a run-of-the-mill law. I believe in fair market value. If there is grunt job that people will do for a dollar per hour then why is a business forced to pay more? Forced wage increases will fuel inflation, after all someone has to pay for it. A business struggling to make will probably have to lay people off. Raising the minimum wage will bump everyone at the low end of the pay scale. This could force businesses to leave the state and scare new business away.
YES #6 Repeal bullet train amendment
Not sure about the cost but I’m in favor a high speed train. BUT WHY DID WE THE PEOPLE APPROVE AN ADMENDMENT TO DO IT? By all means repeal this puppy. This one really highlights my rule of thumb (keep the constitution lean and clean).
NO #7 Patients’ right to know
At first read I was for this amendment. But I dug a little and found this one is sponsored by lawyers (translated they spent BIG bucks to get it and #8 on the ballot). I’m dubious now that this is about patients’ right-to-know but really about making it easier for lawyers to chase ambulances. Got to use my rule of thumb and vote no.
NO #8 Three Strike law for doctors
Like #7 lawyers have spent BIG bucks to get it on the ballot. This one really scares me. If a doctor is convicted three times of malpractice s/he loses the right to practice medicine in Florida. But gee that sounds like a good idea. Talk to your favorite doctor and find out how many times they have been sued for malpractice.
SCENARIO: Doctor delivers baby, baby has a problem, lawyer convinces family they should sue; jury decides family needs cash for long-term care and the doctor’s insurance company has deep pockets. Doctor loses, lawyer gets nice chunk of settlement (until amendment #1 gets passed).
Two more times and the state loses another doctor. If you were a new doctor getting ready to start a practice would you pick a state with a 3-strike law over one without it?
posted by Quinqube at 20:56
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