Gov. Ron DeSantis this week signed into law a bill that supporters say will deter violent, unlawful assemblies in Florida, though critics have expressed concern that House Bill 1 will clamp down on free expression and peaceful protests.
The bill has support from law enforcement groups, but opponents have raised concerns about provisions dealing with civil litigation. HB 1 provides civil liability protections for wrongful death, personal injury and property damage to residents who have encounters with riot participants. In addition, the law will make cities civilly liable for damages resulting from a riot if city officials block law enforcement from taking defensive actions during unlawful assemblies.
HB1 also increases criminal penalties during violent disturbances involving three or more people and requires restitution as a result of damage to monuments.
The Florida Police Chiefs Association has not commented on individual provisions of the bill, according to a statement emailed to the Florida Record, but the association supports the bill’s overall intent.
“Peaceful protest is a defining hallmark of our society, but violent protests endanger lives and threaten the rights of every other citizen we are sworn to protect,” Jeff Pearson, president of the association, told the Record. “With Gov. DeSantis’ leadership, House Bill 1 will help law enforcement better protect the lives and property of every Floridian and ensure that peaceful protesters can safely exercise their constitutional rights without the threat of having their voices hijacked by the violent actions of others."
The Florida First Amendment Foundation, however, has expressed concern that HB 1’s provisions will have a chilling effect on legitimate protests.
“Participants may be unsure whether simply being in the vicinity of or associating with others could make them criminally liable for other demonstrators’ actions,” Pamela Marsh, the foundation’s president, said in a statement earlier this year. “The overbroad definition of ‘riot’ may deter protesters fearing criminal sanctions for the mere participation in a riot that becomes a public disturbance.”
DeSantis has championed the new law, dubbed the Combating Public Disorder Act, noting that its enactment comes in the wake of civil unrest and violent protests around the nation over the past two years.
Many Democrats in the state, including Florida Agriculture Commissioner Nikki Fried, have seen the bill as wrongheaded.
“HB 1 protects no one, makes no one safer and does nothing to make people’s lives better,” Fried said in a prepared statement. “It’s simply to appease the governor’s delusion of widespread lawlessness, and it’s frightening to imagine the lengths to which he’ll go to strip away rights and freedoms for political gain.”