Democrats urge prosecution after AHCA targets abortion measure with ‘PSAs’

With two lawsuits already pending, the legal problems facing the Agency for Health Care Administration in Florida threaten to get worse.

On Friday, Florida Democrats urged state prosecutors to file charges against the AHCA and its secretary for allegedly violating state law to influence voters against Amendment Four, Florida’s abortion referendum that would repeal the current six-week ban and restore the state to viability — about 24 weeks with health exemptions.

Florida Dem Chairwoman Nikki Fried and voters sent three letters to district attorneys in Hillsborough, Orange and Leon counties, urging the prosecutors (two of them appointed by Governor Ron DeSantis) to consider filing criminal charges against those at AHCA responsible for an information campaign running online and on television.

“This is a government-funded propaganda campaign and a clear misuse of taxpayer dollars,” Fried said. “Using a government agency to push one side of an issue and falsely present it as the ‘truth’ is the real danger to women’s health and a threat to democracy.”

The controversy first garnered attention last week after AHCA Secretary Jason Weida posted this link to a website he says is dedicated to fighting “the lies and disinformation surrounding Florida’s abortion laws…” The site 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 really shocked,” said Angelique Mathena, a Hillsborough County resident. “I kept checking the link to make sure it was really a Florida government website.”

Mathena wrote the Hillsborough letter afterward. She and the others claim that AHCA violates a portion of state law and prevents Florida officials from using their authority or influence to influence a person’s election.

“We have the resources to make public announcements on many different fronts,” Governor DeSantis said Monday.

The Republican and the agency defended their information campaign as a “public service announcement.” DeSantis said this week that everything was “done legally” and that his goal was to inform, not to convince.

“Everything that is being released is factual – it’s not a campaign,” DeSantis said. “These are things that can absolutely be done.”

Mathena was not convinced.

“A PSA is not a propaganda website against a ballot initiative that voters here will be voting on in a very short time.”

Requests for comment from prosecutors were mixed. One official declined to speculate. A spokesman for District Attorney Andrew Bain’s office in the 9th Judicial District said, “When our office receives allegations of criminal misconduct, we refer them to the law enforcement agency responsible for the misconduct for investigation.”

If prosecuted, these violations are a first-degree misdemeanor and, under Florida law, can result in up to one year in prison and a $1,000 fine.