FLORIDA – Supporters of a proposed constitutional amendment that would overrule Florida’s six-week abortion ban say they are now planning to sue a state health agency, alleging taxpayer funds were illegally used to push a political agenda.
The controversy centers on Amendment 4, which Florida voters will see on the ballot this November.
Amendment 4 reads, “No law 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.
This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
A website published last week by the Florida Agency for Health Care Administration says “Current Florida law protects women…Amendment 4 threatens women’s safety.”
Advocates for the amendment said it’s actually the opposite.
“The reality is that right now, Floridians are under this near total ban that is actively harming women across the state,” Lauren Brenzel said, who is the campaign director for Floridians Protecting Freedom.
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The AHCA website says, “We must keep Florida from becoming an abortion tourism destination state” and lists five ways it said vagaries in Amendment 4 could create negative impacts, such as less safety regulation and eliminating parental consent.
But healthcare attorney Ann Bittinger told News4JAX those claims are unfounded, writing “...in decades of practicing health law in Florida, I have never seen AHCA post something a few weeks before an election about a health law on which citizens will vote. I don’t recall this sort of public service announcement before any of the votes the legislature took in the last decade to restrict abortion.”
Right now, Florida restricts access to abortions at six weeks, with exceptions up to 15 weeks for documented cases of rape, incest, or human trafficking. There are also exceptions to save the life of the mother or prevent serious permanent physical harm.
Governor Ron DeSantis said the AHCA website isn’t about influencing voters on Amendment 4– it’s about informing Floridians.
“We have a responsibility to tell the truth about what the policies are in the state of Florida, and that is 100% accurate,” Gov. DeSantis said at a press conference Tuesday. “It is not weighing in on a specific amendment.”
Critics alleged the website violates a law that prohibits government officials from using their authority for political purposes. DeSantis denies this. He said Tuesday he didn’t know who had the idea for the website.
“I think the reality is there was a lot of people in Florida that didn’t know what the law was, didn’t know the resources that were available, and part of…this agency’s involved in...that issue having an education…so people just know,” Gov. DeSantis said.
The ACLU of Florida said the lawsuit will be filed in the coming days.
“This website has been filled with demonstrably false statements, and so we’re challenging the misuse of taxpayer dollars to lie to voters about this amendment,” said Michelle Morton, who is an attorney with the ACLU of Florida. “This is not what government is supposed to be. It’s not what government is supposed to do. This is not normal.”