Florida state health agency sued after publicly opposing pro-abortion ballot measure

The Florida Agency for Health Care Administration (AHCA), an agency in charge of running the state’s Medicaid program, has come out in opposition of Amendment 4, the ballot measure that would enshrine a “right” to abortion in the state constitution. Now, the state’s Supreme Court has agreed to hear a case alleging that in putting out the AHCA message, the administration of Governor Ron DeSantis improperly used its power to advocate against the amendment.

The announcement was seen on an AHCA website, which reportedly read “Don’t let the fearmongers lie to you” in a banner ad on top of the webpage. The message then said that Amendment 4 “threatens women’s safety.” At the bottom of the page, it said, “We must keep Florida from becoming an abortion tourism destination state.” The message appeared to be removed from the site at the time of this writing.

Sen. Minority Leader Lauren Book claimed the message violated state law, prompting the Democratic party to look into “appropriate legal action.”

“This anti-Amendment 4 website from AHCA is bull****,” Florida Democrats said in a statement. “Ron [DeSantis] and his buddies know they’re losing, and they’re willing to do anything — including breaking the law — to rig the results in their favor. Using state agency resources for campaign purposes is illegal, and we’re looking into any and all recourse to take this website down.”

According to Liberty Counsel, the group promoting Amendment 4 was itself caught “promoting dangerous and deceptive advice to minors” on its website, which is not operated by the state:

The “Yes on 4” campaign, run by Amendment 4’s sponsor Floridians Protecting Freedom, Inc., had included on its “information and resources” page a link to another pro-abortion group explaining how minors could get a judicial bypass for an abortion without parental consent. Florida is one of many states that allow a judicial bypass where judges can approve abortions for minors who want to avoid telling their parents.

The page encourages minors to step out from under the state’s protections and advises them on how to get a no-cost lawyer to go before a judge and get permission for an abortion all while keeping parents in the dark….

The site belongs to Floridians for Reproductive Freedom, which also offers minors a chatbot named “Charley” that will help them “get or manage an abortion.” According to the Vote No on 4 campaign, a minor interacting with this “anonymous” chatbot will not be asked to verify their age and “can receive dubious and even dangerous advice on abortion.” 

“The chatbot falsely claims that ‘abortion is medically safe no matter how far along someone is in their pregnancy,’” stated Vote No on 4 in its news release.   

What Do Floridians Think About Amendment 4?

The AHCA defended its own website message in a statement to The Hill.

“Part of the Agency’s mission is to provide information and transparency to Floridians on the quality of care they receive,” the agency said in its statement. “Our new transparency page serves to educate Floridians on the state’s current abortion law, and provide information on the impacts of a proposed policy change on the ballot in November.”

On Wednesday afternoon, the state Supreme Court agreed to fast-track a complaint filed by a Palm Beach County attorney, Adam Richardson, who said that the web message violated a state law that prohibits state officials and employees from using their “official authority of influence for the purpose of interfering with an election.”

According to the Miami Herald, the justices could have dismissed the complaint; instead, they ordered the AHCA to respond to the allegations by September 23.

Editor’s Note, 9/12/24: Information from Liberty Counsel has been added since original publication.

Urge Walmart, Costco, Kroger, and other major chains to resist pressure to dispense the abortion pill