TALLAHASSEE 鈥� A political committee leading efforts to pass a constitutional amendment on abortion rights filed a lawsuit Thursday alleging that the state Agency for Health Care Administration is using a website and ads to spread 鈥渕isinformation鈥� about the November ballot measure.
The lawsuit, filed in Leon County circuit court by attorneys for the Floridians Protecting Freedom committee, seeks a temporary injunction to prevent the agency from continuing to disseminate the information online and through television and radio ads.
鈥淚n educating the electorate about the purpose and ramifications of a proposed constitutional amendment, the government cannot do so in a manner that is inaccurate, misleading, abusive, or fraudulent,鈥� the lawsuit said. 鈥淎HCA鈥檚 actions regarding Amendment 4 (the abortion rights amendment) 鈥� have been inaccurate, misleading, abusive and fraudulent.鈥�
The lawsuit alleges that the agency has violated Floridians Protecting Freedom鈥檚 right to propose constitutional amendments and that state law prevents officials from participating in political advocacy.
READ MORE: Lawyers accuse Florida officials of election interference over abortion amendment
鈥淯nder the guise of providing 鈥榝acts鈥� to the public, the website contains harmful statements that are fundamentally misleading at best, if not outright false,鈥� the lawsuit said. 鈥淚t includes multiple statements that lead only to the conclusion that AHCA is using its official authority or influence for the purpose of interfering with an election, or to influence votes and affect the result of the decision on Amendment 4.鈥�
But Gov. Ron DeSantis this week defended the agency鈥檚 information, describing it as 鈥渁bove board鈥� and likening it to public-service announcements by other government agencies.
鈥淵ou know, we have resources to do public-service announcements across a wide variety of fronts. That goes to the Department of Transportation, for example, on safe driving,鈥� DeSantis said Monday during an appearance in Miami Lakes. 鈥淚t's being used by the AHCA agency to basically provide people with accurate information. And I think that that's something that's really important, because, quite frankly, a lot of people don't usually get that in the normal (information) bloodstream. So, everything that's put out is factual. It's not electioneering.鈥�
DeSantis is helping lead efforts to defeat the proposed constitutional amendment, which comes after the Legislature last year passed a law to prevent abortions after six weeks of pregnancy. In part, the proposed amendment says, no 鈥漧aw shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider.鈥�
The website targeted in the lawsuit includes statements such as, 鈥淐urrent Florida Law Protects Women, Amendment 4 Threatens Women鈥檚 Safety.鈥�
Also, for example, it takes issue with wording of the amendment, such as the use of the term 鈥渉ealthcare provider,鈥� which it contends 鈥渃ould include a wide range of professionals connected to healthcare which might differ from the current requirement that these important decisions be made only by a physician.鈥�
鈥淗ere鈥檚 the truth: The Florida Legislature will lose the ability to protect basic, common-sense health care regulations due to these open-ended and arbitrary terms,鈥� the website says.
But the lawsuit disputed such arguments and quoted a decision by the Florida Supreme Court that signed off on the ballot proposal鈥檚 wording.
鈥淭he Florida Supreme Court rejected the claim that Amendment 4 was deceptive or misleading, finding that 鈥榯he ballot title and summary fairly inform voters, in clear and unambiguous language, of the chief purpose of the amendment and they are not misleading,鈥欌�� wrote attorneys from the American Civil Liberties Union of Florida and Southern Legal Counsel, who are representing Floridians Protecting Freedom.
An emergency motion for a temporary injunction filed with the lawsuit alleged that the state has 鈥渦nlawfully weaponized taxpayer resources鈥� to oppose the amendment.
鈥淭hrough this website, AHCA disparages Amendment 4 and Floridians Protecting Freedom as its sponsor, alleging fearmongering and lying,鈥� the motion said. 鈥淎HCA presents voters with false information about Amendment 4 and current law and creates a sense of urgency that 鈥楥urrent Law Protects Women. Amendment 4 Threatens Women鈥檚 Safety,鈥� that Amendment 4 will 鈥榣ead to unregulated and unsafe abortions,鈥� and 鈥榃e must keep Florida from becoming an abortion tourism destination state.鈥� Voters can only be left with the impression that this state agency is advising them to vote no on Amendment 4.鈥�
But in an email Monday, the agency鈥檚 communications office said AHCA was providing facts and information to Floridians.
鈥淧art of the agency鈥檚 mission is to provide information and transparency to Floridians on the quality of care they receive,鈥� the email said. 鈥淥ur new transparency page serves to educate Floridians on the state鈥檚 current abortion laws and provide information on a proposed policy change that would impact care across the state.鈥�
The lawsuit came two days after Palm Beach County attorney Adam Richardson filed a case at the Florida Supreme Court about the agency information. Richardson asked the Supreme Court to issue what is known as a writ of quo warranto to Agency for Health Care Administration Secretary Jason Weida, DeSantis and Attorney General Ashley Moody 鈥渇orbidding them from misusing or abusing their offices to interfere with the election for Amendment 4, and to unravel whatever actions they have already taken to do so.鈥�
