Florida State Consititutional Amendments 2004
howdy;
i wanna talk about the florida constitutional amendments coming up on this ballot.
there are 8. and they are worded poorly. so if you live in florida like me, before we all stand behind the curtain and scratch our asses thinking "what the fuck did i just read?" lets take a moment of time out, just so were all clear, and figure out what this shit really means.
im gonna use the format:
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X. Title
ballot summary
what it means (at least my interpretation)
my opinion.
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1. Parental Notification of a Minor’s Termination of Pregnancy
section 22. Parental notice of termination of a minor's pregnance. The Legistlature shall not limit or deny the privacy right guaranteed to a minor under the United States Constitution as interpreted by the United States Supreme Court. Notwithstanding a minors right of privacy provided in Section 23 of Article I, the Legistature is authorized to require by general law for notification to a parent or guardian of a minor before the termination of the minor's pregnancy. The Legislature shall provide exceptions to such requirement and shall create a process for judicial waiver of the notification.
_____Yes ______NO
this is about minors having abortions. its not a straight up pro-life/pro-choice debate because it intermixes minors who dont really have federal constitutional rights. the greyness appears when a girl is old enough to get pregnant but not mature enough (legal, financially or socially) to assume the role of an adult mother. YES means that if a 16 year chick gets knocked up and wants an abortion, she needs mommy or daddy to prove they are her legal gaurdian and sign a paper in front of a witness giving her permission to abort the fetus.
NO means, she can abort it without parental consent.
kevin urges you to vote NO - keep the state out of our family life. our personal affairs are our own business. the state has no benefit by mandating the relationship between parents their children.
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2. Constitutional Amendments Proposed by Initiative
Proposing amendments to the State Constitution to require the sponsor of the 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 reneder 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.
______YES ______NO
this basicially says that if you have an idea for a law and you use the "florida citizens initiative act" to get it on the ballot,. you have to have your homework finished and turned in by feburary 1st of the year of the general election (presidental election). voting NO means that the state can debate your paperwork for an indefinite amount of time or be clogged with last minute initiatives. voting YES means the state has enough time to hire more help if they need to process the ideas before putting them on the ballot.
kevin says vote YES - make the citizen's intiative act work.
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3. The Medical Liability Claimant's Compensation Amendment
Proposes to amend the State Consitution to provide that an injured claimant who enters into a contingency fee agreement with an attorney in the claim for medical liability is entitled to no less than 70% of the first $250,000.00 in all damages recieved 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.
______YES ______NO
this means that if you get your wrong leg amputated and you sue the hospital/doctor that did the deed, the lawyer who represents you can earn up to 30% of the cut - maxing at 75 grand and beyond that 10% of the cut. the point it to stop frivilous malpractice claims against doctors. apparently doctors cant afford malpractice insurance anymore- they are going bankrupt. and we're not only running out of rich doctors to sue. we're running out of doctors period. a YES says limit the money that the attorneys can charge. NO says, let them charge what they want.
kevin votes NO. the state shall not set price cielings on any free enterprise. doctors, as much as we need them, should be accountable for their actions, just the same as anyone else. beyond that, this amendment tells lawyers how much they can charge their customers. it will not limit the dollar size of the claim, only how much the attorney can take of that claim.
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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 Legistlature may tax slot machine revenues, and any such taxes must supplement public education funding statewide. Requires implementing legislation.
______YES ______NO
pretty cut and dry; do you want the people of maimi to be allowed to vote on letting slot machines in their city? YES say miami is a grow up city, they can make up their own minds, a NO says we are a state that will not tolerate the evil of gambling!
kevin says YES - let the people of miami decide.
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5. Florida Minimum Wage Amendment
This amendment creates a Florida munimum 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 proves for enforcement including double damages for unpaied wages, attorney's fees, and fines by the state. It forbids retaliation against employees for exercising this right.
______YES ______NO
obviously this increases the minimum wage from $5.15 to $6.15. YES says up it. a NO says let it alone.
kevin screams NO! - the city of gainesville FL has a population of around 125000. 40000 of which attend the university of florida. around a quarter of these students are constantly looking for work. they would be willing to pick cotton, shovel shit, hell build a pyramid. but they cant. because nobody can afford to pay them for their market value.
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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.
______YES ______NO
this one is cleverly worded at first glance you might think YES ment yes build the train, and NO ment do not build the train. but its a repeal. YES means repeal it - the state wont build it. NO means keep going, the state will continue to fund the program.
kevin says YES - we do not need to buy a bullet train. interstate commerce is the duty of the federal goverment not the state. it is not efficient to spend this kind of money on infrastructure at merely the state-wide scale. florida has nothing to ship within itself other than tourists and oranges.
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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 cared facilities' or providers' adverse medical incidents, including those which could cause injury or death. Provides that patients' identies should not be disclosed.
______YES ______NO
i think this says that you can ask your doctors boss how many times your doctor fucked up. Yes says he has to tell you, NO says he is protected.
kevin says NO. my relationship with my doctor is a matter between me and my doctor. the state is not responsible for our interactions.
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8. Public Protection for Repeated Medical Malpractice
Current law allows medical doctors who have committed repeated malpractice to be licensed to practice 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.
______YES ______NO
this one is easy; 3 strikes you're out for doctors. YES says, get them out of my state, NO says well, they can still make decent dermotologists, right?
kevin votes NO - deciding whether or not a person has the skills to become a doctor is the job of the state, beyond that its the job of the insurance company. if you get fucked up by your doctor, your defense is the statistics of greedy lawyers, who will take their insurance company for all they are worth, and if their insurance company insured them still after 3 previous mal-practice claims, then they deserve to go bankrupt. leave the state out of it, they are merely middlemen who shuffle paper along the way at our expense.
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