Florida Voters Denied Chance to Challenge Federal Health Care Law

As more states seek to challenge President Barack Obama's health care law, the Florida Supreme Court dealt a serious blow to state lawmakers who tried to give voters a chance in November to decide whether they should be penalized for not buying health care.

In a 5-2 vote, the court upheld a lower court decision to remove the proposed state constitutional amendment from Florida's Nov. 2 ballot, saying the summary language was "misleading." The justices also struck down two other amendments dealing with redistricting and property tax relief.

The ruling means that Florida will not join a growing list of states challenging the law this year, including Missouri -- which voted last month against the mandate -- Oklahoma or Arizona, which will take up the issue in November.

In Minnesota, Gov. Tim Pawlenty issued an executive order directing state agencies to decline "discretionary" involvement with the federal law "unless otherwise required by law or approved by the Governor's office."

The Florida ballot summary said it would "ensure access to health care services without waiting lists, protect the doctor-patient relationship, (and) guard against mandates that don't work." The court ruled that the amendment didn't include language specifically covering those issues.

"Neither the summary nor the amendment explains what mandates are at issue, why they do not work, or for whom the mandates do not work," the majority said in the opinion. "The court concluded that this statement is a subjective term intended to influence a voter's decision on the amendment."

Florida Rep. Scott Plakon, who co-sponsored Florida's Health Care Freedom amendment, told FoxNews.com that he's "outraged" by the court's ruling. He noted that three of the justices who struck down the ballot ruled in a 2004 abortion case that an amendment could substitute a ballot summary that was found to be misleading.

"In 2010, they did the exact opposite. They struck the whole amendment and denied the voters a right to vote on Health Care Freedom," he said. "I don't see how you can reconcile those two other than judicial activism."

Plakon said it would be a "half-court shot" to pursue further legal action. But he added that he will author another bill for the 2012 ballot that is reviewed by attorneys and "let the chips fall where they may."

The health care law will not be fully implemented until 2014.

Incoming state Senate President Mike Haridopolos said he was both "disappointed and stunned by the decision of the Florida Supreme Court."

"It is a sad day when more than 60 percent of the elected representatives of the people of the State of Florida can't get ballot measures approved by the Court but special interest groups can," he said in a written statement.

"Amendment 9 was the Legislature's attempt to ask the people of Florida if they wanted the federal government to control their health care or if taxpayers should have the freedom to be in control of their own health care," he said. "Once again, the court feels it would be better not to allow voters to make such a decision."