A Leon County circuit judge recently dismissed a lawsuit filed by incoming Senate Minority Leader Jason Pizzo, D-Sunny Isles Beach, which alleged that the Florida Department of Transportation (FDOT) improperly used state funds to oppose a ballot measure permitting recreational marijuana use. Circuit Judge Angela Dempsey’s two-page order supported the FDOT’s claim, stating that state law allows the department to fund public service advertisements. Crucially, the controversial ad that warned against DUI crashes post-marijuana legalization did not explicitly mention Amendment 3, voting, or the election—thus avoiding direct political advocacy.
Pizzo’s lawsuit, filed on October 4, sought an injunction against the ad. He contended that the agency lacked the authority to use taxpayer money for political advocacy, arguing that the ad was implicitly designed to sway public opinion against Amendment 3. This legal battle occurs amid a broader context of political maneuvering, with Governor Ron DeSantis also opposing Amendment 3 and criticized for running ads that seemingly aimed to defeat another ballot initiative on abortion rights. The ruling consolidates the viewpoint that the FDOT’s actions were within legal bounds, emphasizing the department’s budgetary discretion while highlighting the broader political tensions leading up to the November 5 election.
In conclusion, Judge Dempsey’s decision underscored the FDOT’s legal standing in this particular case, framing their budgetary expenditures as consistent with state law. The case was notable not just for its legal specifics but also for its accentuation of the ongoing political strife that characterizes much of Florida’s current legislative landscape.
