On Sep. 21, Florida Governor Ron DeSantis proposed a new piece of legislation designed to crack down on riots and violent protests in the state. This bill is in response to the civil unrest surrounding the issue of systemic racism in the United States, initially sparked by the death of George Floyd at the hands of the Minneapolis Police Department. The bill, formally named the “Combatting Violence, Disorder and Looting and Law Enforcement Protection Act” implements new criminal offenses and increases consequences for individuals who participate in disorderly assemblies, particularly those who target law enforcement officers.
If passed, the tripartite bill will create third-degree felony charges for obstructing traffic during an unpermitted or violent protest. A driver will not be liable for injury or death caused while they flee for safety from a mob. Property damage and bodily injury to others will likewise be met with felony charges. The bill also states that RICO liabilities attach to anyone who organizes or funds a violent protest. Additionally, a mandatory minimum sentence of six months will be imposed for individuals that strike a law enforcement officer, with no bail or bond until their first appearance in court.
Aside from new or increased penalties, the bill also institutes several citizen and taxpayer protections. Anyone who has been convicted of participating in a violent protest will be ineligible for state benefits or employment in state and local jobs. To defend law enforcement, state funding will be withheld from cities that attempt to defund their police departments. Finally, under the bill, victims of a crime at a disorderly assembly are permitted to sue their local governments for negligence.
DeSantis has emphasized that these measures will be his highest priority in the upcoming season. Typically, the Florida legislature meets in session every year for sixty consecutive days. The next regular session is set to occur in March of 2021. However, the governor wants to call a special session to vote on the bill as early as November of 2020. Back in May, the Florida Republicans who control the state legislature decided against holding a special session to discuss matters related to the COVID-19 pandemic. In June, they again chose not to reconvene to vote on police reforms. This is causing a wave of backlash from activists and Democratic policymakers who believe DeSantis is deviating from more urgent matters.
The bill has received criticism from various groups. The American Civil Liberties Union (ACLU) has declared the bill “undemocratic and un-American.” Democrat State Representative Anna Eskamani has also publicly denounced DeSantis’ proposal, calling it a “fascist election stunt.”
On the other hand, the bill has received support from both within and outside the majority Republican legislature. State Senate President-Designate Wilton Simpson claims, “We will continue to stand with our brave law enforcement officers as they protect and serve. This bill is a way to ensure that all Floridians can live in a safe and secure environment. I commend Governor DeSantis for his commitment to public safety.” Polk County Sheriff Grady Judd has also publicly announced his support for the bill, saying he “applauds Governor DeSantis’ initiative.”
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