The contentious “anti-riot” legislation supported by Florida Gov. Ron DeSantis got its second of three committee hearings in the House on Wednesday.
Supporters of the bill say it would help crack down on violent protests, while opponents argue it’s an attack on First Amendment rights.
The Republican-controlled House Justice Appropriations Subcommittee signed off Wednesday on the House proposal (HB 1) in a party-line vote, after hearing from dozens of people who condemned the measure.
State Sen. Danny Burgess, R-District 20, signed on as a sponsor of the combatting public disorder act after seeing a business in his district burned down during the unrest over the summer.
“Martin Luther King stood for peaceful protest, plain and simple. And that’s what we’re here to protect and preserve,” said Burgess.
Social justice groups argue the bill seeks to silence their ability to protest.
“This is an anti-Black bill. This is an anti-brown bill,” said Rep. Michele Rayner, D-District 70.
Demonstrators at the Florida Capitol argued the bill, which increases penalties for crimes committed during a riot, will lead to the arrest of peaceful protestors.
“We’re supposed to trust the police department to discern rioting from protesting -- what we’re doing right now. Do we trust the police right now?” said Christina Kittle with the Jacksonville Community Action Committee.
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The response from the crowd was a resounding “no.”
But House bill sponsor Juan Alphonso Fernandez-Barquin, R-District 119, argues his bill will work to the benefit of those seeking to exercise their First Amendment rights.
“If these agitators show up, it is in the best interest of the peaceful protesters to point who these individuals are out to the law enforcement and that law enforcement deals with them directly,” said Fernandez-Barquin.
There are also concerns with a provision that would allow those arrested during a riot to be held without bond until their first appearance in court.
Fernandez-Barquin said the policy is in response to what he described as ‘fringe groups’ immediately bailing people out after they were arrested in cities like Portland and Seattle during riots in the cities.
He explained the intent is only to hold those arrested overnight.
“So that individual does not return back to the riot and keep participating in the riot,” said Fernandez-Barquin.
The legislation also would allow citizens to petition the Governor’s Office if their local government moves to decrease funding for law enforcement.
The local budget could then be altered by the State Administration Commission.
Opponents see the bill as a crackdown on the racial justice movement spurred by the death of George Floyd, but the governor has stood by his claim that the legislation is not about politics.
Jimmy Patronis, the state’s chief financial officer, also supports the bill.
“We’re just basically putting a law in the books saying that type of angry, violent protests, political angry speech is not welcome in the state of Florida,” he said.
The legislation would make misdemeanors into felonies and temporarily deny bail for suspects. Patronis says it makes an important statement while protecting protestors.
“If you want to come and demonstrate and express your concerns and do it in a peaceful manner, God bless you. That’s what this state is all about,” Patronis said.
Democrat Nikki Fried, the state’s commissioner of agriculture, said she doesn’t believe the bill is about law and order.
“What House Bill 1 does is not only does it attack First Amendment speech rights, but it’s making sure that more Black and brown people go into the jails, into the prison system. That’s what they’re trying to do. This has nothing to do with trying to have law and order,” Fried said.
The bill faces one more committee before heading to the House floor for a full vote.
The News Service of Florida contributed to this story.