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I.

IS AMENDMENT 7 SELF-EXECUTING?

The Florida Hospital Association believes that Amendment 7 is not self-

executing; however, for the purpose of argument, FHA will assume that

Amendment 7 is self-executing because even if it was not, the Legislature has now

acted to implement it by the enactment of section 381.028, Florida Statutes (2005).

Notwithstanding, FHA does dispute the position of the court below that because

the amendment was self-executing the Legislature could not enact any

implementing legislation.

Florida law is well settled that statutes which implement a constitutional

provision should be "broadly and liberally construed" so as to "implement and

complement" the constitutional rights and duties. See Austin v. State, 310 So. 2d

289, 293 (Fla. 1975). As this Court stated in Gray v. Bryant, 125 So. 2d 846 (Fla.

1960):

If the provision lays down a sufficient rule, it speaks for the entire people and is self-executing. {citation omitted}. The fact that the right granted by the provision may be supplemented by legislation, further protecting the right or making it available, does not of itself prevent the provision from being self-executing.

Id. at 851 (emphasis added). In Parker v. State, 843 So. 2d 871, 878 (Fla. 2003), the Court held that the

statute enacted after a constitutional amendment "reasonably may be viewed as

implementing" the amendment, and "works hand in hand" with the constitutional

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