TALLAHASSEE, Fla. — With two lawsuits already in the works, legal troubles for Florida's Agency for Health Care Administration look to be getting worse.
Friday, Florida Democrats pushed prosecutors to press criminal charges against AHCA and its secretary for allegedly violating state code to sway voters against Amendment Four. That's Florida’s abortion ballot initiative that would undo the current six-week ban and take the state back to viability— about 24 weeks with health exceptions.
Florida Dem Chair Nikki Fried and voters sent three letters to state attorneys in Hillsborough, Orange, and Leon counties. They urged the prosecutors (two of them Gov. Ron DeSantis appointees) to consider criminal charges for those at AHCA responsible for an info campaign running online and on TV.
“This is a government-funded propaganda campaign and a clear misuse of taxpayer dollars,” said Fried. “Using a government agency to advocate for one side of an issue and mischaracterize it as the “truth” is the real danger to women’shealth and threat to democracy.”
The controversy first gained attention last week after AHCA Sec. Jason Weida posted this link to a website he said was dedicated to combating “the lies and disinformation surrounding Florida’s abortion laws…” The page lists “facts” and“myths” about Amendment Four and says the initiative “threatens women’s safety.” It also criticizes the measure for being too vague.
“I was honestly shocked,” said Angelique Mathena, a Hillsborough County resident. “I kept checking the link to double-check like this really is a Florida Gov website?”
Mathena penned the Hillsborough letter after that. She and the others allege that AHCA is violating a portion of the state code, preventing Florida officials from using their authority or influence to sway a person’s vote.
“We have resources to do public service announcements across a wide variety of fronts,” said Gov. DeSantis on Monday.
The Republican and agency have defended their info campaign as “public service announcements.” DeSantis said, this week, that everything was “above board” and seeking to inform not persuade.
“Everything that’s put out is factual— it’s not electioneering,” said DeSantis. “It’s things that can absolutely be done.”
Mathena wasn’t buying it.
“A PSA is not a propaganda website against a ballot initiative that the voters are about to vote on here in a very short period of time.”
Requests for comment from state attorneys were mixed. One official didn’t want to speculate. A spokesman for State Attorney Andrew Bain’s Office with the 9th Judicial Circuit said: “If our office receives any allegations of criminal wrongdoing we send them to the law enforcement agency with jurisdiction over the wrongdoing for investigation.”
The violations, if prosecuted, are a first-degree misdemeanor. Under Florida law, they’re punishable by up to a year in prison and a $1,000 fine.
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