General Bill by Fernandez-Barquin
Combating Public Disorder: Authorizes residents of municipality to file an appeal to Administration Commission if municipality makes reduction to budget of municipal law enforcement agency; revises provisions prohibiting obstructing traffic; provides for cause of action against municipality for failing to provide law enforcement protection during riot; revises penalty for assault or battery committed in furtherance of riot or aggravated riot; revises minimum term of imprisonment for battery on law enforcement officer in furtherance of riot; revises prohibition on damaging memorial; revises penalties for burglary or theft during riot & facilitated by riot; revises prohibition on fighting in public place; prohibits specified assemblies from engaging in disorderly & violent conduct; prohibits inciting or encouraging riot; creates affirmative defense to civil action where plaintiff participated in riot or unlawful assembly.

Also known by the Media as “ZOMG! THEY WANT TO KILL PEACEFUL BLACK PROTESTERS WITH STAND YOUR GROUND!” bill.

And here is the text.

(Obligatory IANAL warning!)

I gave it a couple of readings and I really do not see the full permission to massacre anybody by just be walking down the street waving signs. In fact, it is a very measured bill. First and out of the way, it empowers basically anybody in a county to challenge any reduction in the budget of its police force and triggers a bunch is paperwork that it was to be presented to the Governor’s office to explain why the reduction and then the executive will decided if the reduction has reason or not to be allowed to proceed.

As for the rest, the biggest change I see is if you are being arrested for illegally obstructing any road you get a ticket (Wait, no shooting? How’s that possible, we wuz told there would be shooting!)

The first surprise comes with the elimination of sovereign immunity for certain cases.

(b) A governing body of a municipality that intentionally obstructs or interferes with the ability of a municipal law enforcement agency to provide reasonable law enforcement protection during a riot or unlawful assembly is civilly liable for any damages, including damages arising from personal injury, wrongful death, or property damage, proximately caused by the agency’s failure to provide reasonable law enforcement protection during a riot or unlawful assembly. The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.

Telling cops to stand down and let the protestors let out some steam like it happened in Baltimore a couple of years back or what constantly happens in Portland will strip your protection against lawsuits. Regular people, business owners and surely insurance companies must be enjoying this righteous section: You wanna play politics with people’s livelihood and life? There will be a price to pay.

Assaulting somebody during the commission of a riot becomes a misdemeanor of the first degree, not a forcible felony! I want to emphasize this. The use of Deadly Force in the State of Florida is very clear (mostly) about its use against Forcible Felonies.

JUSTIFIABLE USE OF FORCE
776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

And while somebody slapping you and running away in a riot is insulting and annoying as hell, it does not rise and will not rise to a forcible felony with this bill.  However, if the person commits Aggravated Battery (which is already a forcible felony) during a riot, will get extra time in prison for the joy. The way I see it, we are still framed within the same restrictions as before and nothing has changed that much.

Next is Mob Intimidation:

784.0495 Mob intimidation.—
It is unlawful for a person, assembled with two or more other persons and acting with a common intent, to compel or induce, or attempt to compel or induce, another person by force, or threat of force, to do any act or to assume or abandon a particular viewpoint.

Also a misdemeanor.  But the cute part comes next.

A person arrested for a violation of this section shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.

No Catch-And-Release like up Northwest. You will be arrested, processed, make to wear them ugly jail uniforms and wait till a judge is good and ready to set bail…or not. This is applied in several places in the bill.

Battery on a police officer during a riot? Automatic 6 months if found guilty.

Defacing a memorial? Felony of the third degree plus has to pay for damages “which shall include the full cost of repair or replacement of such memorial.” That won’t be cheap.

Destroying a Memorial?  Felony second Degree (10 years) plus same as above in costs.

Where SHTF for “peaceful protesters” is the definitions of Rioting and Aggravated Rioting.

A person who participates in a public disturbance involving an assembly of three or more persons acting with a common intent to mutually assist each other in disorderly and violent conduct resulting in injury or damage to another person or property, or creating a clear and present danger of injury or damage to another person or property, commits All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree,

And then we have Aggravated Rioting.

A person commits aggravated rioting, if, in the course of committing a riot, he or she:
(a) Participates with nine or more other persons;
(b) Causes great bodily harm to a person not participating in the riot;
(c) Causes property damage in excess of $5,000;
(d) Displays, uses, threatens to use, or attempts to use a
deadly weapon; or
(e) By force, or threat of force, endangers the safe movement of a vehicle traveling on a public street, highway, or road.
A violation of this subsection is a felony of the second degree,

The causation of great bodily harms is already codified in our law when talking about use of deadly force for self-defense. This is nothing new, nor should it change anything we have been doing. But contrary to what some Media has already spouted, you cannot shoot anybody just for blocking your travel to Dairy Queen.

Next: Inciting other to riot. Third Degree felony. And then we have Aggravated Inciting to Riot. (The Antifa Clause)

(5) A person commits aggravated inciting or encouraging a  riot if he or she:
(a) Incites or encourages a riot resulting in great bodily harm to another person not participating in the riot;
(b) Incites or encourages a riot resulting in property damage in excess of $5,000; or
(c) Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the deadly weapon be used in a riot.

Felony of the Second Degree. I may be wrong, but this feels like a mini RICO statute.

What i don’t see in this bill? The infamous allegation that you could mow down peaceful protesters with your car if they are blocking the road and you get immunity for it .  All known rules for the use of Deadly Force in Self-Defense still apply. Antifa asshole banging on your hood does not rise to that level.

And this is something important I want you to remember and pass along. You know damn well the Media will continue to lie and say we are about to be given protection to murder innocent Black people for the crime of demanding Civil Rights. Challenge every boy and anybody who repeats that bullshit, demand they show you in the bill where that crap is being offered. be loud and forceful but do not let the lies remain unchallenged.  And that is also helpful because you know there will be a couple of dumb assholes who will interpret the bill the wrong way and end up shooting somebody because they read in the paper or saw on TV they could legally do it. Let’s help save their asses from having to pick up a dropped bar of soap in jail.