| 1 | House Resolution |
| 2 | A resolution urging the Attorney General of the State of |
| 3 | Florida to file suit challenging the constitutionality of |
| 4 | any individual health care mandate passed into law by the |
| 5 | Federal Government. |
| 6 |
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| 7 | WHEREAS, the United States Constitution establishes a |
| 8 | limited federal government, as expressed in the Bill of Rights, |
| 9 | that protects the freedom of individuals and the rights of |
| 10 | states, and |
| 11 | WHEREAS, the United States Congress is currently debating |
| 12 | the issue of health care reform and legislation such as the |
| 13 | Patient Protection and Affordable Care Act (Senate H.R. 3590) |
| 14 | and the Affordable Health Care for America Act (House H.R. |
| 15 | 3962), and |
| 16 | WHEREAS, the United States Congress is urged to enact |
| 17 | legislation that respects and recognizes the rights of |
| 18 | individuals, families, groups, and communities to make decisions |
| 19 | about their health care insurance and treatment options, and |
| 20 | WHEREAS, the "individual mandate" provision included in |
| 21 | Senate H.R. 3590, House H.R. 3962, and President Barack Obama's |
| 22 | health care plan requires all individuals to purchase health |
| 23 | insurance products and services, and |
| 24 | WHEREAS, such individual mandates are contrary to the |
| 25 | rights of a free and prosperous people and deny individuals the |
| 26 | right to make one of the most basic health care decisions for |
| 27 | themselves and their loved ones, and |
| 28 | WHEREAS, the United States Supreme Court has recognized |
| 29 | each individual's freedom to refuse health care treatment, and |
| 30 | WHEREAS, on January 19, 2010, Attorney General Bill |
| 31 | McCollum sent to Congressional leaders an analysis in which he |
| 32 | outlined the unconstitutionality of the individual healthcare |
| 33 | mandates, and |
| 34 | WHEREAS, according to his analysis, the United States |
| 35 | Congress does not possess the constitutional authority to compel |
| 36 | individuals under threat of government fines or taxes to |
| 37 | purchase an unwanted product or service simply as a condition of |
| 38 | living in this country, and |
| 39 | WHEREAS, if the individual mandate provision becomes law, |
| 40 | the Attorney General has stated that he will be compelled to |
| 41 | challenge the constitutionality of that provision, and other |
| 42 | states may also join in the challenge, NOW, THEREFORE, |
| 43 |
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| 44 | Be It Resolved by the House of Representatives of the State of |
| 45 | Florida: |
| 46 |
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| 47 | That the Attorney General of the State of Florida is urged |
| 48 | to file suit challenging the constitutionality of any individual |
| 49 | health care mandate passed into law by the Federal Government. |
| 50 | BE IT FURTHER RESOLVED that a copy of this resolution be |
| 51 | presented to the President of the United States, the President |
| 52 | of the United States Senate, the Speaker of the United States |
| 53 | House of Representatives, and each member of the Florida |
| 54 | Delegation to the United States Congress. |