Did Desantis Overstep His Authority?

Florida Governor Ron DeSantis has been accused of breaking the law on several occasions. In 2022, he claimed responsibility for ordering two planes carrying around 50 migrants, including children, from Texas to Martha's Vineyard. DeSantis stated that the flights were part of his program to send illegal migrants to progressive states to protest the Biden administration's immigration policies. This incident raised legal questions, with critics accusing DeSantis of human trafficking, kidnapping, and racketeering. Additionally, DeSantis has been criticized for his opposition to ballot measures to legalize cannabis and restore access to abortions in Florida, with some arguing that he may be breaking laws by using state resources to influence election outcomes. In 2022, DeSantis also suspended State Attorney Andrew Warren for refusing to enforce Florida law, citing neglect of duty as the reason for the suspension.

DeSantis' use of state funds to send migrants to Martha's Vineyard

On September 14, 2022, Florida governor Ron DeSantis sent approximately 50 asylum seekers, primarily from Venezuela, by air from San Antonio, Texas, to Martha's Vineyard in Massachusetts. DeSantis claimed that the flights were part of his program to send "illegal migrants" to progressive states, protesting against the Biden administration's immigration policies. The move has sparked criticism and accusations of unethical and possibly illegal conduct.

DeSantis asked the Florida legislature for relocation funds, stating that the federal government had flown over 70 planes of immigrants to Florida in 2021. He initially budgeted $8 million but received $12 million from the legislature, paid from interest on the $5.8 billion that Florida received from the American Rescue Plan. The funds were earmarked for "facilitating the transport of unauthorized aliens from this state [Florida] consistent with federal law."

The migrants were reportedly lured onto the flights with false promises of jobs and expedited legal residency in the US. Perla Huerta, a San Antonio woman and ex-Army combat medic, allegedly approached migrants outside a McDonald's and offered them meals, accommodation, and financial incentives to board the flights. DeSantis denied these accusations, stating that the migrants had signed consent forms and were provided with packets that included a map of Martha's Vineyard.

The legality of DeSantis's use of state funds to send migrants to Martha's Vineyard is questionable. While the budget language suggests that the funds were intended to transport migrants out of Florida, not from other states, DeSantis argued that the migrants were identified as likely to come to Florida and that sending them directly to a sanctuary state prevented potential costs to Florida communities.

Legal analysts and critics have suggested that DeSantis's actions may violate federal laws related to the transportation of migrants within the US. However, others argue that while DeSantis exploited vulnerable people for political gain, his actions are unlikely to rise to the level of criminal conduct.

The controversy surrounding DeSantis's decision to send migrants to Martha's Vineyard has caused a partisan divide, with President Biden and Democrats calling it "a political stunt and inhumane," while Republicans, including Mitch McConnell, supported the move. The migrants have since been relocated to Joint Base Cape Cod, where they have access to better support services.

DeSantis' suspension of state attorney Andrew Warren

On 4 August 2022, Florida Governor Ron DeSantis suspended State Attorney Andrew Warren of the 13th Judicial Circuit, citing "neglect of duty". DeSantis claimed that Warren refused to enforce Florida law and instead "pick [ed] and choose [ ] which laws to enforce based on his personal agenda". The governor has the authority to suspend state officials for reasons including neglect of duty, under Article IV, Section 7 of the Florida Constitution.

Warren, a progressive Democrat, argued that the suspension was political retaliation from the conservative Republican governor. He filed a lawsuit challenging DeSantis' suspension order, calling it an "illegal abuse of power". Warren's lawsuit stated that DeSantis violated his First Amendment rights and that the governor cannot use his power to retaliate against him for speaking on his views.

In early 2023, a judge ruled in Warren's favour, finding that DeSantis had violated his First Amendment rights and the state constitution. However, the judge concluded that he was legally unable to restore Warren to office. DeSantis appointed Susan Lopez, a longtime Hillsborough prosecutor, to replace Warren.

In the 2024 election, Warren and Lopez ran against each other, with the race seen as a referendum on the suspension. DeSantis and his allies boosted Lopez's campaign with financial contributions that reached millions, far surpassing Warren's. Lopez won the election with about 52% of the vote, and was sworn in for a four-year term.

An appeals court dismissed Warren's lawsuit against DeSantis in January 2025, ruling that he could no longer challenge his suspension as his elected term had ended. Warren expressed embarrassment for the justice system and disappointment in the decision, stating that justice delayed is justice denied.

DeSantis' war on ballot measures

Florida Governor Ron DeSantis has been accused of waging a war on ballot measures, using every lever at his disposal to defeat two November ballot measures that would legalise cannabis and restore access to abortions in the state. DeSantis and his administration have openly campaigned against these amendments during events organised by his official office, and they have spent taxpayer money on ads warning voters about the dangers of marijuana and pushing back on the abortion amendment, which would overturn the state's six-week ban.

The governor's efforts have sparked litigation, a rebuke from a federal judge, and assertions that state officials may be breaking laws designed to prevent the use of state resources to influence an election. DeSantis himself signed a law two years prior that blocks local governments from sending out any kind of communication on local referendums. Despite this, the state has paid for public service announcements that warn of the dangers of marijuana and for ads warning about teenagers using marijuana.

The Florida Agency for Health Care Administration also launched a website and a series of advertisements warning against voting for the measure to legalise abortions. The website led the campaign in favour of the amendment to file a lawsuit, arguing that the website was rife with misinformation and that the agency had misused state funds on a political campaign. A Leon County Circuit judge ruled against the case, stating that the truth of the amendment was for the voters to decide and not the court.

DeSantis' administration also helped reshape the wording of a financial impact statement listed on the ballot below the amendment summary. The ballot statement tells voters that the amendment may force the state to pay for abortions through Medicaid and lead to an economic downturn and higher regulatory costs. A legal challenge to this was dismissed.

DeSantis' actions have ignited fury in Florida, with State Senator Joe Gruters, a Sarasota Republican and former chair of the Republican Party of Florida, stating, "No matter where you stand on an issue, this is still a democracy, and in a democracy, we do not spend taxpayer dollars in advance of a political issue."

DeSantis' spending of taxpayer money on ads

Florida Governor Ron DeSantis has been criticized for spending taxpayer money on ads to defend his abortion ban and oppose the legalization of marijuana in the state. DeSantis' administration spent millions of taxpayer dollars on TV ad campaigns to undercut the ballot measures to restore abortion access and legalize cannabis.

One of the ads, run by the Florida Department of Transportation, warned that "DUI crashes increase in states with legalized marijuana—putting everyone at risk." The ad also claimed that a DUI "can more than double your car insurance" and suggested that "unlike alcohol, there's no easy way for law enforcement to detect how high you are when driving." The intent of the ad was clear, given DeSantis' public opposition to Amendment 3, the measure to legalize marijuana. Supporters of the amendment called on TV stations to stop running the ad, calling it taxpayer-funded political "propaganda."

Another ad, sponsored by several Florida health care agencies, claimed that the state's six-week abortion ban is not a big deal. "No woman can go to jail for having an abortion — and abortions are available before a child's heartbeat is detected, and in cases of rape or anxiety, incest, and to save the life and health of the mother," the ad stated. However, doctors say that the abortion ban is putting their patients' health and lives at risk, as providers are delaying or refusing to provide necessary medical care out of fear of losing their medical licenses or facing legal repercussions.

The total cost of the ad campaigns is difficult to determine, but it is estimated to be in the millions of dollars. Purchasing records suggest that the state's media campaign could cost more than $16 million, with nearly $4 million coming from Florida's opioid settlement trust fund.

Critics, including state Senator Joe Gruters, have argued that the use of taxpayer money for these ad campaigns is inappropriate and crosses a "bright line." Gruters stated, "You don't use taxpayer dollars for electioneering and campaigning... Tax dollars are meant to be spent on our police, schools, roads, and other public programs that make our state great, not political agendas."

The DeSantis administration has defended the ads, with spokesperson Bryan Griffin stating that the state has the authority and "dedicated funding" to educate the public on important issues. However, critics argue that the ads are biased and implicitly trying to sway the election, even if they don't directly tell Floridians how to vote.

DeSantis' filling of Republican House seats

Florida Governor Ron DeSantis has been accused of hypocrisy over his swift move to fill Republican House seats left vacant by President-elect Donald Trump's cabinet picks. DeSantis called for immediate special elections to fill the two congressional vacancies, which are crucial to protecting the Republicans' majority in the U.S. House of Representatives.

DeSantis, who was on a trade mission to Italy, instructed Secretary of State Cord Byrd to quickly schedule the elections. The seats in question, in Florida's 1st and 6th Congressional Districts, were held by Matt Gaetz and Mike Waltz, respectively. Gaetz, the former congressman from Fort Walton Beach, resigned during his nomination for Attorney General, while Waltz, the congressman from Daytona Beach, was chosen as Trump's national security adviser.

The scheduling of primaries on 28 January in these solid Republican districts has been criticised as a hasty political move to bolster the House speaker Mike Johnson's fragile majority. In contrast, DeSantis did not act as swiftly when a similar situation arose in a Democratic-held district following the death of Democratic U.S. Rep. Alcee Hastings in April 2021. DeSantis took seven months to set the primary for Florida's 20th congressional district and delayed the special election until January 2022, 280 days after Hastings's death.

Nikki Fried, the chair of the Florida Democratic Party, pointed out the hypocrisy in DeSantis's actions, stating that he deprived residents of Broward County of representation and made them wait nine months. She also criticised the rushed approach as detrimental to citizens who planned to vote by mail, as many might be unaware that their existing approvals would expire at the end of the year.

While DeSantis's office did not respond to requests for comment, analysts of Florida politics suggested that his actions were not out of the ordinary. Nicholas Seabrook, a political science expert, noted that DeSantis had a history of pushing the limits of his constitutional authority to promote conservative policies and the Republican Party's interests.

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