TALLAHASSEE (CBSMiami.com) – The GOP-led Florida Senate passed a powerless piece of legislation Monday that would prohibit Floridians from being required to purchase health insurance.
The bill would put Florida in direct conflict with the federal health care overhaul passed by Congress last year. It mandates most people to eventually have health insurance.
If the health care reform act survives federal court review, the health care reform law will be the law of the land.
And since the federal law supersedes state law under the Supremacy Clause of the U.S. Constitution, the bill passed by the legislature is dead on arrival.
The bill (HB 1193) is supported by Governor Rick Scott and passed on nearly a straight party-line vote. One Democrat, Sen. Gwen Margolis of North Miami Beach, joined with Republicans during the vote.
The Senate had previously passed a state constitutional amendment carrying essentially the same language. The amendment is awaiting a floor vote in the House, which will likely approve the amendment.
Still, if the federal law survives review, even the amendment will be superseded by the federal law.