Judge tosses challenge to Florida DOT pot ad

MIAMI – A Leon County circuit judge has dismissed a lawsuit filed by incoming Senate Minority Leader Jason Pizzo that alleged the Florida Department of Transportation improperly spent state money to oppose a ballot measure that would allow recreational use of marijuana.
In a two-page order, Circuit Judge Angela Dempsey granted a request by the department to dismiss the lawsuit, which stemmed from a television ad the agency recently sponsored about the dangers of driving after using marijuana.
Pizzo filed the lawsuit on Oct. 4 and sought an injunction, contending that the department “does not have the unilateral authority to pick sides and spend tax dollars to advocate against Amendment 3 (the ballot proposal).” The lawsuit said the ad “specifically warns that ‘DUI crashes increase in states with legalized marijuana putting everyone at risk.”
But Dempsey wrote, in part, that state law gives the department “budgetary authority to spend funds on public service commercials, and the commercial in question does not mention Amendment 3, voting or the election.”
Gov. Ron DeSantis is helping lead efforts to defeat the proposed amendment during the Nov. 5 election. His administration also has spurred controversy by running ads that critics contend improperly are designed to defeat a separate ballot proposal on abortion rights.