On Monday, Florida Governor Ron DeSantis introduced a new set of laws called the “Combating Violence, Disorder and Looting and Law Enforcement Protection Act.” The intent is to stop any civil disorder that would affect the domestic tranquility for people in Florida.
It would appear that pandering to the mob is NOT on the agenda in Florida. The official announcement can be seen here. The thrust of the legislation is broken into three parts.
New Criminal Offenses to Combat Rioting, Looting and Violence
- Prohibition on Violent or Disorderly Assemblies: 3rd degree felony when 7 or more persons are involved in an assembly and cause damage to property or injury to other persons.
- Prohibition on Obstructing Roadways: 3rd degree felony to obstruct traffic during an unpermitted protest, demonstration or violent or disorderly assembly; driver is NOT liable for injury or death caused if fleeing for safety from a mob.
- Prohibition on Destroying or Toppling Monuments: 2nd degree felony to destroy public property during a violent or disorderly assembly.
- Prohibition on Harassment in Public Accommodations: 1st degree misdemeanor for a participant in a violent or disorderly assembly to harass or intimidate a person at a public accommodation, such as a restaurant.
- RICO Liability: RICO liability attaches to anyone who organizes or funds a violent or disorderly assembly.
Increased Penalties
- Mandatory Minimum Jail Sentence: Striking a law enforcement officer (including with a projectile) during a violent or disorderly assembly = 6 months mandatory minimum jail sentence.
- Offense Enhancements: Offense and/or sentence enhancements for: (1) throwing an object during a violent or disorderly assembly that strikes a civilian or law enforcement officer; (2) assault/battery of a law enforcement officer during a violent or disorderly assembly; and (3) participation in a violent or disorderly assembly by an individual from another state.
Citizen and Taxpayer Protection Measures
- No “Defund the Police” Permitted: Prohibits state grants or aid to any local government that slashes the budget for law enforcement services.
- Victim Compensation: Waives sovereign immunity to allow a victim of a crime related to a violent or disorderly assembly to sue local government for damages where the local government is grossly negligent in protecting persons and property.
- Government Employment/Benefits: Terminates state benefits and makes anyone ineligible for employment by state/local government if convicted of participating in a violent or disorderly assembly.
- Bail: No bond or bail until first appearance in court if charged with a crime related to participating in a violent or disorderly assembly; rebuttable presumption against bond or bail after first appearance.
This is an aggressive approach and overdue. Anarchy has reigned across many cities in America for much of the summer. Democratic governors could learn something from Governor DeSantis. Peaceful protesting is one thing. Rioting, looting and burning is something else. Polk County Sheriff Grady Judd noted,
“Protesting is a basic constitutional right of free speech, which I wholeheartedly support. Violence, rioting, looting, and vandalism are illegal acts – not rights. Nothing else matters if you and your children aren’t safe. Crime is at a 48-year-low in the state of Florida and we intend to keep it that way. Criminals who destroy and tear down our communities and victimize others must be held accountable, through quick action and swift punishment. We are sending a message that we will not sit back and allow violence to run amuck, and we will arrest violent criminals, and those who loot, riot, and vandalize – guaranteed. I applaud Governor DeSantis’ initiative to ensure that the safety of Florida residents and visitors comes first.”
Sheriff Judd has a bit of a droll sense of humor. Judd brought along some visual aids to help the younger journalists understand some of the terminology used during the presentation. Judd felt it was important to clearly differentiate between peaceful protesting, rioting, looting and violence. I am sure some of the younger journalists learned something.
Sheriff Judd has made it clear that rioters, looters and anarchists would be welcome…to inhabit Polk County jails.