State sued for using taxpayer money on site promoting GOP spin on abortion initiative

TALLAHASSEE, Fla. — A political committee behind the campaign to pass a constitutional right to abortion in Florida has filed a lawsuit against a state health care agency that it alleges is carrying out a taxpayer-funded “misinformation” campaign against the November ballot measure.

Critics say the state-backed messaging push is the latest “dirty trick” by Republican officials in Florida to thwart the citizen-led initiative to protect abortion in the country’s third-largest state. Nearly a million Floridians signed petitions to get the measure known as Amendment 4 on the ballot, surpassing the more than 891,500 signatures required by the state.

The American Civil Liberties Union of Florida and Southern Legal Counsel filed the lawsuit in a Leon County circuit court on Thursday on behalf of Floridians Protecting Freedom, Inc., the organization behind Amendment 4.

The lawsuit targets a website, television and radio ads created by Florida’s Agency for Health Care Administration to give Floridians “the truth” about the proposed constitutional amendment. If approved by at least 60% of Florida voters, Amendment 4 would make abortions legal until the fetus is viable, as determined by the patient’s health care provider.

The website launched this month states that “Amendment 4 threatens women’s safety” and defends Florida’s current law, which bans most abortions after six weeks, under a banner that reads “Florida is Protecting Life” and “Don’t let the fearmongers lie to you.”

In the legal filing, attorneys for the abortion rights campaign called on the court to immediately halt the messaging push and what they argue is the unlawful use of taxpayer funds by state officials in service of a political campaign, actions which they claim are infringing on the rights of Florida voters.

“Florida’s government has crossed a dangerous line by using public resources to mislead voters and manipulate their choices in the upcoming election,” ACLU of Florida attorney Michelle Morton said in a statement. “This lawsuit aims to stop these unconstitutional efforts and restore integrity to our electoral process.”

Representatives for AHCA did not immediately respond to a request for comment.

In a post on the social media platform X before the lawsuit was filed, AHCA Secretary Jason Weida touted the agency’s new website.

“To combat the lies and disinformation surrounding Florida’s abortion laws, @AHCA_FL has launched an improved transparency page,” Weida’s post reads. “To see more please visit our website.”

Republican Gov. Ron DeSantis has defended the agency’s messaging push — and a state investigation into tens of thousands of petition signatures that were used to get Amendment 4 on the ballot. As a part of that probe, police have been showing up at the homes of some of the people who signed the petition to question them.

Speaking to reporters before the lawsuit was filed, DeSantis said the AHCA page is not political but is giving Floridians “factual information” about the amendment.

“Everything that is put out is factual. It is not electioneering,” DeSantis said at a news conference, adding, “I am glad they are doing it.”

___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.