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Just finished reading all 61 pages of HB1–Florida’s new anti-protesting law.
If you aren’t already part of the 63% of Floridians who opposed this law, let me try to explain why you should be.
If you aren’t already part of the 63% of Floridians who opposed this law, let me try to explain why you should be.
1st of all, it is important to note that during all of the protests in Florida last year, less than 2% of them involved any amount of vandalism, looting, arson, or violence towards a police officer and in all of those instances, the current laws were sufficient.
Let’s jump into the new law now:
1. If a city lowers their police budget for any reason, the governor/cabinet of Florida can veto the new budget.
DeSantis says he’s a libertarian, but it seems like he doesn’t understand what that word means.
1. If a city lowers their police budget for any reason, the governor/cabinet of Florida can veto the new budget.
DeSantis says he’s a libertarian, but it seems like he doesn’t understand what that word means.
2. The law updates FL statutes regarding impeding traffic.
Under the new law, it is illegal to stand in the road. That’s it. It completely erases all context.
Formerly, it was only illegal if you were impeding traffic. Now it’s just illegal to stand in the road.
Under the new law, it is illegal to stand in the road. That’s it. It completely erases all context.
Formerly, it was only illegal if you were impeding traffic. Now it’s just illegal to stand in the road.
2. (a) That probably doesn’t sound too bad, especially on the surface, but because of how broad the law is written, it’s now illegal, for example, to play basketball in the street in your neighborhood.
Will they use it for this? Probably not, but I’m uneasy knowing they can.
Will they use it for this? Probably not, but I’m uneasy knowing they can.
3. They’ve completely struck through all sections regarding permits for being in the road.
Now the only permit you can get is a “special event permit as authorized by law.”
With no specifics about what special events are authorized by law.
Now the only permit you can get is a “special event permit as authorized by law.”
With no specifics about what special events are authorized by law.
4. Cities are now liable instead of the state in tort claims if the city doesn’t have availability to adequate equipment for law enforcement.
There are no further specific details explaining how much equipment is an adequate amount, or which equipment is adequate.
There are no further specific details explaining how much equipment is an adequate amount, or which equipment is adequate.
4. (a) On top of being vague, this part also lifts the limit that the city can pay out in a lawsuit.
The state limit is $200K, but now the liability will be on the cities and the city will have no limit.
This is only going to be used to punish cities that don’t fall in line.
The state limit is $200K, but now the liability will be on the cities and the city will have no limit.
This is only going to be used to punish cities that don’t fall in line.
5. Raises the penalties for assault, aggravated assault, battery, aggravated battery, burglary, theft, and grave damage or robbery if it happens during a riot.
Higher penalties are not shown to decrease crime. Also, the definition of “riot” is problematic and will come up later.
Higher penalties are not shown to decrease crime. Also, the definition of “riot” is problematic and will come up later.
6. Creates a FL state statute outlawing “Mob Intimidation.”
A mob is defined as 3 or more people with a common intent.
A mob is defined as 3 or more people with a common intent.
7. Destroying/damaging/vandalizing a memorial or “historic property” is now a felony.
The definition given for a memorial, btw, is broad enough to include just about anything you say is a memorial.
The definition given for a memorial, btw, is broad enough to include just about anything you say is a memorial.
8. Creates a FL State Statute outlawing “Cyberintimidation by Publication.”
Basically, this outlaws doxxing. This will most likely be used against anyone who calls out racists online, though.
Basically, this outlaws doxxing. This will most likely be used against anyone who calls out racists online, though.
9. The state of Florida has never officially defined an “affray,” but now we have one.
There’s no real issue here as the official definition is what we’ve been using as our legal definition in court.
There’s no real issue here as the official definition is what we’ve been using as our legal definition in court.
10. Changes the definition of a riot. This is one of the biggest problems with the law.
The previous definition of riot was basically if any persons unlawfully assembled destroy or try to destroy a building or a boat.
Now it’s much more broad.
The previous definition of riot was basically if any persons unlawfully assembled destroy or try to destroy a building or a boat.
Now it’s much more broad.
10. (a) The new definition of riot is just any assembly of 3 or more people with a common intent that act, or intend to act, violently or disorderly.
But, Ben, that doesn’t sound bad. Why are you so upset?
Well, do you know what the state of FL defines as “disorderly conduct?”
But, Ben, that doesn’t sound bad. Why are you so upset?
Well, do you know what the state of FL defines as “disorderly conduct?”
10. (b) Disorderly Conduct: an act to
1. Corrupt the public morals or
2. Outrage the sense of public decency or
3. Affect the peace and quiet or
4. Engage in brawling or fighting or
5. Breach the peace
1. Corrupt the public morals or
2. Outrage the sense of public decency or
3. Affect the peace and quiet or
4. Engage in brawling or fighting or
5. Breach the peace
10. (c) Under this new definition, any group of 3 or more people who affect the peace and quiet are now rioting.
Do you understand why this is bad, now?
It could be 3 Mormons on the street corner yelling scripture.
Nah, Issa riot.
Do you understand why this is bad, now?
It could be 3 Mormons on the street corner yelling scripture.
Nah, Issa riot.
11. The new law also creates a statute that makes it so you cannot seek legal action if you were injured while participating in a riot.
If the defendant even says you were, that case is paused and now you’re investigated for rioting. Which, as we just read, is really easy.
If the defendant even says you were, that case is paused and now you’re investigated for rioting. Which, as we just read, is really easy.
This ain’t even everything, man, and it’s all terrible. We need to be annoying as hell about this law until it gets repealed because this is a direct attack on our 1st amendment rights.
