‘Blatantly unconstitutional’: DeSantis' proposal to increase penalties for protesters met with backlash

POLK COUNTY, Fla. — Florida counties and cities that cut funding from their police departments could lose out on state funding and grants.

Gov. Ron DeSantis put forward a proposal for the Combatting Violence, Disorder and Looting and Law Enforcement Protection Act on Monday, which in part targets communities looking to take part in the “Defund the Police” movement.

The act “prohibits state grants or aid to any local government that slashes the budget for law enforcement services.”

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If passed, it would also increase possible criminal penalties for protestors if gatherings turn violent, result in property damage or cause road blockage.

The proposal states that if a protester is injured or killed by a driver who is “fleeing for safety from a mob” during an unpermitted protest, demonstration or violent or disorderly assembly that the driver is not liable for their injury or death.

The act would also add new criminal offenses to “combat rioting, looting and violence.” That includes making it a third-degree felony when seven or more “are involved in an assembly and cause damage to property or injury to other persons” and a second-degree felony to destroy public property during a violent or disorderly assembly.

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In the act are also proposals to increase penalties for violence against law enforcement officers. That includes a mandatory six-month jail sentence for striking a law enforcement officer, including with a projectile, during a violent or disorderly assembly.

The act also proposes that no bond or bail be set for anyone charged with a crime related to participating in a violent or disorderly assembly until their first appearance in court.

Critics say the legislation as written appears to infringe on a lot of people’s first amendment rights to assemble and speak out.

In Orlando, deputies and police officers arrested more than 100 protesters over the summer. Most were charged with disorderly conduct, a misdemeanor.

Video: DeSantis announces new legislation targeting violent protestors, demonstrators Gov. Ron DeSantis announced new legislation Monday targeting violent protestors and demonstrators. (WFTV)

Attorney Roger Weeden is representing some of them, and said the governor’s proposal is “is probably never going to fly because there are things in here that are blatantly unconstitutional.”

Kara Gross with the Florida Chapter of the American Civil Liberties Union said, “all of this is designed to thwart protesters to criminalize them, to penalize them ... to create new criminal offenses, and to enhance the criminal penalties that already exist.”

Gross said instead of going after protestors, DeSantis should address the issues they’re protesting about.

“They could have said, ‘Okay, we have heard you, and we are going to look into police accountability. We have heard you and we are going to look into addressing racial disparities in our criminal justice system,’” Gross said.

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DeSantis announced the proposal during a news conference at the Polk County Sheriff’s Office headquarters. He said it will be the top legislative item going into the 2021 session.

Watch his announcement in full below:

Orange County Sheriff John Mina said he has not yet reviewed the proposed legislation, but he provided Channel 9 the following statement Monday afternoon:

“I am in favor of any law that would hold to account anyone who commits violence against members of our community or law enforcement. Let me be clear: I’m committed to protecting the First Amendment right to peaceful assembly and protest. But I have always said we will not tolerate destruction of property or violence of any kind.”

Orlando Police Chief Orlando Rolon issued a statement on the proposal on Twitter:

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