An ounce of prevention is worth a pound of cure. Benjamin Franklin
HB 1 2021: Response to the Summer of 2020
BLM riots, Covid lockdown protests, and sieges of government buildings all contributed to the 2020 summer of violence. Many cities and states were reluctant to punish violent offenders and even suggested defunding their own law enforcement departments to appease rioters and protesters. The weak response served to further spread violence and mayhem.
Whether the January 6, 2021 DC protest was planned violence or spontaneous demonstration, it became obvious to the Florida legislature that states and cities were struggling with their responsibility of preventing and punishing violent public behavior. Taking Ben Franklin’s advice, HB 1 Combating Public Disorder was passed and signed by the governor on April 19, 2021. It was instantly controversial.
What Are HB 1’s Major Rules?
This is an extensive bill constructed to address multiple concerns observed during 2020. Major points include:
*Allows citizens and local officials to challenge “Defund the Police” efforts in their municipality (pages 5-6)
*Citizens may now sue local governments for civil damages if rioting is not stopped (pages 12-13)
*Describes and expands the legal definition of riots (page 31)
*Creates a comprehensive list of riot and non-riot related crimes and adds increased penalties (pages 13-61)
What is the Opposition to HB 1?
Nine Florida cities filed suit against HB 1 claiming violation of the state constitution. The specific objection was with regards to “Defund the Police” citizen challenges. The municipalities claimed that the enforcement mechanism supporting citizen challenges inserted the governor into the appeals process.
In June of 2023, the municipalities and the state agreed that challenges to local funding of law enforcement would not be subject to an override by the governor but would still be open to citizen and local official appeals to any defunding exceeding 5%.
All other aspects regarding punitive actions remain in place but are under injunction pending litigation before the Florida Supreme Court. The main point of contention is HB 1’s definition of a riot (page 31):
"A person commits a riot if he or she willfully participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in:
*Injury to another person
*Damage to property; or
*Imminent danger of injury to another person or damage to property."
Plaintiffs argue that this is an overly broad definition and has resulted in reluctance of their respective organizations to hold protests for fear of arrest.
Is Florida Ready for 2024
We often ask the question “Is it a feature or a bug?” The rapidity associated with organizing violent protests seen in 2020 begged the question: coordinated or spontaneous? The rapid and widespread pro-Hamas violence would seem to indicate that violent demonstration has now become a “coordinated feature” of groups opposed to the long American tradition of peaceful demonstration, polite debate and reasoned decision.
That several of the groups responsible for the 2020 summer of violence are now fearful of being held to account if they organize protests, indicates that HB 1 may be a prescient legislative measure.
As citizens of the greatest republic in history, we are familiar with the perpetual struggle for free speech. Agree or disagree with sections of HB 1, it is an honest effort to protect Floridians from the violent excesses we witness in other states.
Convention of States
COS encourages discussing HB 1 2021 with your legislators to help them shape this bill as it makes its way through the court system. Free speech and public safety hang in the balance. It is up to “We the People” to ensure that violence does not win the day.
