Amendment 4 supporters plan to file lawsuit accusing state agency of misusing taxpayer funds for political purposes

FLORIDA – Supporters of a proposed constitutional amendment that would repeal Florida’s ban on abortions after six weeks of pregnancy say they now plan to sue the state health agency, alleging taxpayer money has been illegally used to promote a political agenda.

RELATED: DeSantis rejects accusations that AHCA is using platform to illegally influence voters on abortion amendment

The controversy centers around Amendment 4, which Florida voters will see on the ballot in November.

Amendment 4 states: “No law shall prohibit, penalize, delay, or restrict abortion when pregnancy is not possible or is necessary for the health of the patient, as determined by the attending physician.

This amendment does not alter the constitutional authority of the Legislature to require notification to a parent or guardian prior to an abortion by a minor.

A website posted last week by the Florida Agency for Health Care Administration said: “Current Florida law protects women… Amendment 4 threatens women’s safety.”

Supporters of this amendment argue that in fact the opposite is the case.

“The truth is that Floridians are currently under a near-total ban that is actively harming women across the state,” said Lauren Brenzel, campaign director for Floridians Protecting Freedom.

RELATED: Police question Florida voters about signing abortion rights petition

The AHCA website says, “We must prevent Florida from becoming a destination for abortion tourism,” and lists five ways the vagaries of Amendment 4 could have negative effects, such as fewer safety regulations and the elimination of parental consent.

But health care attorney Ann Bittinger told News4JAX those claims are unfounded, writing, “…in decades of practicing health care law in Florida, I have never seen AHCA release anything weeks before an election on a health care law that citizens will be voting on. I don’t recall this type of public interest announcement before any of the votes that have been taken in the Legislature in the last decade to restrict abortion.”

Florida currently restricts access to abortion at six weeks of pregnancy, 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.

Gov. Ron DeSantis said the purpose of the AHCA website is not to influence voters on Amendment 4, but to inform Floridians.

“We have an obligation to tell the truth about what the policy of the state of Florida is, and it is 100 percent accurate,” Gov. DeSantis said at a news conference Tuesday. “This is not about a specific amendment.”

Critics say the site violates a law that bars public officials from using their power for political purposes. DeSantis denies that. On Tuesday, he said he did not know whose idea it was to create the site.

“I think the reality is that there were a lot of people in Florida who didn’t know what the law was, didn’t know what resources were available, and part of … this agency is involved in … this issue, having education … so people just know,” Gov. DeSantis said.

The ACLU (American Civil Liberties Union) of Florida said the lawsuit will be filed in the coming days.

“This website has been filled with patently false statements, which is why we are challenging the misuse of taxpayer dollars to lie to voters about this amendment,” said Michelle Morton, an attorney for the ACLU of Florida. “This is not what government should be. This is not what government should do. This is not normal.”