‘Anti-riot’ plan to get tough on violence

DeSantis proposal includes harsher punishments

Gov. Ron DeSantis wants to get tough on rioting, using the storming of the U.S. Capitol as an example of why his proposed crackdown on mob violence needs to be approved by state legislators.

But his proposal goes beyond tougher penalties for rioters who beat law enforcement officers or loot a store. It also includes sweeping changes aimed at racial unrest that erupted after the police killing of George Floyd in May in Minneapolis.

Toppling a Confederate monument would become a crime punishable by up to 15 years in prison. The state would have

new powers to override cuts to police budgets. People who run over protesters deemed to be rioting — or shoot them — could be shielded from lawsuits.

The legislation (SB 484) also includes new provisions that could be used to charge peaceful protesters with crimes if a political demonstration unexpectedly turns violent, said Kara Gross, legislative director for the American Civil Liberties Union of Florida.

“This bill is a direct response to the peaceful protests last year in the wake of the George Floyd murder,” Gross said. “It is designed to silence, criminalize and penalize those protesting for racial justice. The intent of it is to silence dissent.”

And enforcement will be disproportionately directed at Black protesters as opposed to far-right activists who are predominantly white, she said.

Democrats have objected on similar grounds and have vowed to oppose the legislation. Black legislators said they are concerned about the ramifications.

“As a father trying to raise four young Black men and boys in this state, this terrifies me,” said House Minority co-leader Bobby DuBose, D-Fort Lauderdale.

DeSantis disagrees. He said he’s trying to stop violence regardless of race or political motives, and his legislation will pass the Republican-controlled Legislature this year. He unveiled the crackdown in September. Now, he’s rebranding it as a response to the mob that stormed the U.S. Capitol on Jan. 6.

Racial justice protests in Florida last summer were overwhelmingly peaceful, and the state’s cities didn’t experience the widespread rioting that happened elsewhere in the United States.

But DeSantis said he wants to be ready for any unrest in the future, regardless of its “political banner.”

“If you riot, you are going to jail, and you are going to have to spend time in jail,” he said during a news conference this week at The Villages. “If you assault law enforcement in a violent assembly, you are definitely going to go to jail. You burn down somebody’s business. ... The penalties are going to be very swift and immediate.”

Here is what the package would do if it’s passed by the Florida Legislature as written.

▪ Enhanced penalties: Already illegal acts would be subject to harsher punishments if committed “in furtherance of a riot.” For instance, a burglary committed by a rioter would be elevated from a third-degree felony, punishable by up to five years in prison, to a second-degree felony punishable by up to 15 years in prison. Other crimes that would net harsher punishments include assault and theft. Battery of a police officer would carry a minimum mandatory six-month sentence in jail.

▪ New definitions: The legislation defines rioting as a public disturbance of at least three people with a “common intent to mutually assist each other in disorderly and violent conduct.” A new crime of aggravated rioting would be created if the disturbance involves nine or more people and results in “great bodily harm,” property damage over $5,000 or blocks traffic on a public street. Rioting is a third-degree felony, while aggravated rioting would be classified as a second-degree felony.

Civil liberties advocates are objecting to this language. “You have to be willing to be arrested every time you go out to a protest because you can’t control whether violence will happen,” Gross said. “If violence were to erupt at a peaceful protest, law enforcement would have the discretion to arrest people and charge them with aggravated riot if there’s more than 10 people or riot if more than three.”

▪ Memorial protections: Toppling a statue or damaging a tomb would be a second-degree felony punishable by up to 15 years in prison. Causing more than $200 in damage to a monument would be a third-degree felony, punishable by up to five years in prison.

▪ Police budgets: If a city reduces police funding, any resident could file an objection with the governor’s office, which would have the authority to amend or modify the budget. This objection could be filed even if the police chief signs off on the budget reduction.

▪ Mob intimidation: The legislation creates a new statute that would make it a misdemeanor offense “for a person, assembled with two or more other persons and acting with a common intent, to compel or induce, or attempt to compel or induce, another person by force, or threat of force, to do any act or to assume or abandon a particular viewpoint.” Gross called this provision “overly broad and incomprehensible,” as it does not define what would constitute force or threat of force.

▪ Doxing: The bill targets a practice known as doxing, which involves publishing personal identifying information online with malicious intent. It would be a misdemeanor crime to publish someone’s personal information with the intent to threaten, harass or incite violence.

▪ Lawsuits: It would be easier to sue a city for damages if law enforcement failed to provide adequate protection during unrest. The legislation also provides civil liability protections to people who injure people accused of rioting.

▪ Bail: It would be harder for people involved in unruly protests to be released on bail. They could not be released on bail before an initial court hearing before a judge.