If you watch WPTV, chances are you've seen commercials telling you why you should vote for or against Amendment 4.
Your vote on the proposed amendment will decide whether Florida adds abortion protections to the state constitution, effectively overturning the current six-week ban on most abortions.
WPTV Chief Investigator Jamie Ostroff spent hours talking to voters on the street about Amendment 4, some of whom told her the ads left them feeling more confused about how they'd vote on the measure.
WATCH: WPTV talks to voters about Amendment 4
So, Ostroff researched the claims made in a "No on Amendment 4" ad.
The televised ad, paid for by the Republican Party of Florida, picks apart the anatomy of Amendment 4, telling voters, "warning signs can be hard to spot, but dangerous to ignore."
Claim 1: "Unlike other amendments, Amendment 4 has no definitions. Small detail. Big problem."
It's true. There are no definitions in Amendment 4. Nor are there definitions in many of Florida's 144 constitutional amendments. The majority of amendments approved by voters over the past 10 years did not contain definitions.
Robert Jarvis, a law professor at at Nova Southeastern University who wrote a book on Florida's constitution, said definitions are not a requirement in a constitutional amendment, as long as the amendment is clear to voters.
Jarvis said the Florida Supreme Court reviews all citizen-proposed amendments for clarity. Amendments that the court deems unclear don't make the ballot.
"The question that is always asked is whether or not a reasonable voter would understand what he or she is being asked to vote on," Jarvis said, adding that the court's approval of an amendment for the ballot does not indicate the court's position on the amendment itself.
Claim 2: "Without definitions, these words can mean almost anything, enabling abortions at any time for almost any reason."
Here is the full text of Amendment 4: "Limiting government interference with abortion.— Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider."
Jarvis said it's typical for an amendment to be brief and face legal questions once it's approved by voters and added to the state constitution.
"There's an understanding that there will always be the possibility of legal challenges and cases or circumstances that were not contemplated by the amendment, and that's the job of the courts to fill in those sorts of gaps," he said.
Ostroff asked the group behind Amendment 4 whether this language could have — or should have — been more specific.
Florida law officially defines viability as when the unborn child can survive outside the womb "through standard medical measures."
Groups supporting Amendment 4 dispute the notion that its language is too vague for voters.
"These are clearly established legal terms. There's no confusion over what these terms mean. Viability is a perfect example," said Michelle Morton, a staff attorney for the American Civil Liberties Union of Florida. "The amendment is clear that if an abortion is necessary to protect the patient's health, the government can't stop that from happening."
Claim 3: "Amendment 4 goes far beyond Roe v. Wade, empowering abortion clinics to approve late-term abortions without doctors."
Florida law currently requires abortions to be performed by a physician.
The Florida Financial Impact Estimating Conference (FIEC), which analyzes the potential impact of proposed amendments, believes that law could be challenged in court.
Although, those supporting Amendment 4 dispute that.
"Nowhere do we discuss anyone but a doctor providing medical care to patients," said Lauren Brenzel, campaign director for Yes on 4 Florida.
Claim 4: "Amendment 4 even cuts parents out of the loop, removing Florida's parental consent law and replacing it with notification."
Parental notification is already required for minors prior to an abortion in Florida, according to Article X, Section 22 of the state constitution, which Amendment 4 states specifically won't be impacted.
Parental consent is also required, following a state Supreme Court ruling in April. Amendment 4 would not automatically change that if voters approve it. However, the FIEC said the consent law could also be challenged.
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Supporters of Amendment 4 have called the FIEC's analysis misleading.
Asked about the claims in their ad, Evan Power, chairman of the Republican Party of Florida, provided the following statement to WPTV:
Loopholes conceal the real intent of a rule or a law, and Amendment 4 is full of loopholes because voters would outright reject it if it were clear. For the safety of the mother, Amendment 4 should use the term 'physician' rather than 'healthcare provider.' The lack of clarity for 'viability' and 'patient's health' would allow for a broad legal interpretation permitting late-term abortions far beyond what voters intended and 'parental notification' is definitely not parental consent. It is not clear that taxpayers won't be paying for abortions and because of the lack of clarity on this and above stated issues, litigation is all but guaranteed. Amendment 4 is deliberately written to create loopholes that mask how extreme it is and that is an insult to Florida voters.
A group supporting Amendment 4 also released a TV ad this week. Ostroff will provide a fact-check on its claims in the coming days.
