Florida Legislature 2021: HB1-Combating Public Disorder. (Not a Gun Bill, but related)

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.

 

 

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I’m just going to leave this here…

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

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Andrew Yang endorses Prolefeed

 

His first Tweet shows why these people do not want fairness.

They always reference Fox news when they talk about media bias.

They never call out CNN for, say, having Chris Cuomo spend night after night interviewing Andrew Cuomo during the height of the COVID pandemic with the most softball questions.

If New York was a country, it would have the highest COVID death rate of any nation in the world.  Andrew Cuomo is responsible for that.

Florida, despite having an older (and therefore more at-risk demographic) population than New York, had a COVID death rate below the national average.  This was Ron DeSantis’ doing.

If you watched only CNN, you would be convinced that it was exactly the opposite, but that is not an indication of bias.

A study from Harvard showed that CNN spent about 65% of its time covering Trump and 90% of that coverage was negative.

But no, the problem is Fox.

The fairness doctrine won’t force CNN to be 50% positive on a future Republican president.  It would only force Fox to spend half its time (or more) sounding like CNN.

That’s not fairness.  It’s state-mandated Prolefeed.

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For the love of God, stop being pussies about this.

I am sick of the hand wringing on our side about the Capitol building “party”. What has being meekly over polite achieved for us? Not a fucking thing other than being seen as easy targets.

And worse, the excuse they are using is that this was all a manipulation by the Left and Antifa, a false flag job. Really? You are announcing to everybody who can see and hear you that we are so stupid, we can be led down the yellow brick road into the primrose patch like we were dutifully stupid sheep? Is that what you think about the side you are supposed to be on?

The fight has commenced… You should know the rest of the quote.

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Apparently there was a gun battle in the Capitol Building we missed?

Newton Actions has officially been off the rails for a long time. I figure they want to out-Ladd good old Ladd Everett with the weirdest things they can say. The sad part is that they are taken seriously by the Opposition.

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Could they have made it any more clear

This clip should be played every 10 minutes on every news channel in the country.

These people listened to the Left and the lesson that they learned, quite explicitly, is “violence works.”

For they sow the wind, and they shall reap the whirlwind.

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An idea punches Ted Wheeler because he fed the crocodile

Remember, they confronted him in his apartment building so he moved to a new, undisclosed address.

The Left, and Wheeler in particular, coddled these radicals for months.

I should condemn this political violence, but I won’t.

He fed the crocodile and now it’s come to eat him.

Fuck him.

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