TALLAHASSEE — In September, Gov. Ron Desantis announced the “Combating Violence, Disorder and Looting and Law Enforcement Protection Act.” His press release stated that his intention was to stop violent assemblies and protect law enforcement. This legislation would create new criminal offenses and increase penalties for those who target law enforcement and who participate in violent or disorderly assemblies.

“Our right to peacefully assemble is one of our most cherished as Americans, but throughout the country we’ve seen that right being taken advantage of by professional agitators, bent on sowing disorder and causing mayhem in our cities,” said DeSantis. “I will not allow this kind of violence to occur here in Florida. The legislation announced today will not only combat rioting and looting, but also protect the men and women in law enforcement that wake up every day to keep us safe. I look forward to working with the Florida Legislature next session to sign this proposal into law.”

The Combating Violence, Disorder and Looting and Law Enforcement Protection Act will consist of three parts:

New criminal offenses to combat rioting, looting and violence
• Prohibition on Violent or Disorderly Assemblies, making it a third degree felony when seven or more persons are involved in an assembly and cause damage to property or injury to other persons.
• Prohibition on Obstructing Roadways, making it a third 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, making it a second degree felony to destroy public property during a violent or disorderly assembly.
• Prohibition on Harassment in Public Accommodations, making it a first 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 (Racketeer Influenced and Corrupt Organizations) 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 will equal six 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.

In addition, the governor proposed changes to the Stand your Ground Law. As it stands now, a person can only use deadly force if they believe it is absolutely necessary to defend themselves or someone else from death or great bodily harm. The changes he proposes would make it legal to use lethal force for “looting; criminal mischief that results in the interruption or impairment of a business operation; arson that results in the interruption or impairment of a business operation; and any other felony.”

When asked what he thought about the proposed changes, Okeechobee City Police Chief Bob Peterson said he believed there was no way a law would pass allowing people to shoot someone for stealing a television. “I believe you should be able to use lethal force for one reason only, to protect your own life or the life of someone else, so if a looter is putting a life in danger, then I think you have an absolute right to defend that life, but if we are talking about property, I’d have to really read that, and see what their line of thinking is. I’m not sure I’d agree with that. The general rule of thumb has always been that you need to be in fear for your life before you use deadly force.”

He went on to say if you were at your business and a bunch of armed people crashed through the window, they weren’t really just looters, they were armed, dangerous people, who put you in fear for your life. “That’s a horse of a different color, and you have a right to defend yourself.”

Okeechobee County Sheriff Noel E. Stephen said he believed the legislation would go through so many changes by the time it finally was voted on that it would be unrecognizable. “I’m not going to spend a lot of time worrying about it,” he said. “I know the governor is trying to make it possible for people to assemble lawfully as the constitution allows while differentiating unlawful assembly, and making it easier for law enforcement to deal with the unlawful assembly.”

Until the legislation actually comes out, he is not going to second-guess it, he said. There will be quite some time before that happens. “It’s just too early to tell.”

Todd Addington, owner of Big Tasty Restaurant, said he agrees with the addition to the Stand Your Ground legislation. “We work too hard for what we have to have somebody just come under their own spoils, the way of the world today and just take it from you. This is a free country, but it’s not free to come in and take our stuff.” When asked where he would draw the line, he said it would be as soon as the person came into his establishment in an aggressive manner to do bodily harm or even to take something aggressively. “Most looters are breaking windows and other things. If you are doing that kind of thing, I would have to say, that’s where we draw the line.”

Marc Bragel, owner of Brown Cow Sweetery said he would have to think long and hard about it, though. “That’s a tough one. I have a gun. I believe in guns, but unless my life or someone else’s life was threatened... It would have to be a real good reason. We don’t want this to be the wild, wild West, either.”

As Sheriff Stephen said, “These types of bills get changed around, watered down and turned around. Who knows what they will end up with in the end?”