POLITICS

'Hostile to Black Americans': Breaking down 5 laws NAACP named in Florida travel advisory

Pensacola News Journal

The NAACP issued a historic travel advisory for Florida over the weekend, listing five laws that Gov. Ron DeSantis signed as policies that were undemocratic and "hostile to Black Americans."

The civil rights group said that Florida has “engaged in an all-out attack on Black Americans, accurate Black history, voting rights, members of the LGBTQ+ community, immigrants, women’s reproductive rights, and free speech, while simultaneously embracing a culture of fear, bullying, and intimidation by public officials,” in the released advisory.

It added that these attacks include criminalizing protests, restricting the ability of educators to teach African-American history and engaging in a “war” against diversity and inclusion.

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Jeremy Redfern, the governor's press secretary, responded to the announcement by saying, "This is a stunt."

Here's a deep dive at the five laws the NAACP referenced in its announcement.

Combatting Violence, Disorder and Looting and Law Enforcement Protection Act

DeSantis signed the Combatting Violence, Disorder and Looting and Law Enforcement Protection Act into law in 2021, which created new criminal offenses and increased penalties for those who target law enforcement and participate in violent or disorderly assemblies.

This law was ruled unconstitutional in a 90-page decision by U.S. District Judge Mark Walker in Tallahassee.

What’s in Combatting Violence, Disorder and Looting and Law Enforcement Protection Act:

New Criminal Offenses to Combat Rioting, Looting and Violence

Prohibition on Violent or Disorderly Assemblies: 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: Third-degree felony to obstruct traffic during an unpermitted protest, demonstration or violent or disorderly assembly. The driver is not liable for injury or death caused if fleeing for safety from a mob.
Prohibition on Destroying or Toppling Monuments: Second-degree felony to destroy public property during a violent or disorderly assembly.
Prohibition on Harassment in Public Accommodations: 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 liability attaches to anyone who organizes or funds a violent or disorderly assembly.

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Increased Penalties

Mandatory Minimum Jail Sentence: Striking a law enforcement officer (including with a projectile) during a violent or disorderly assembly = 6 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 the 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.

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What opponents said:

Before the law was ruled unconstitutional, opponents said that the law was unclear and overly vague. For instance, the law wasn’t clear on whether a person needed to be participating in a violent act or within the vicinity while protesting to be charged.

This led to warnings that the law could be broadly interpreted by law enforcement. And there was ambiguity surrounding the law’s definition of “riot,” leading to many saying that just participating in a peaceful protest could lead to severe criminal charges.

HB 7 — Stop Wrongs against Our Kids and Employees Act ('Stop W.O.K.E. Act') Florida

DeSantis signed HB 7 into law in 2022, and was meant to give businesses, employees, children and families tools to stand up against “discrimination and woke indoctrination.”

The bill included provisions to prevent discriminatory instruction in the workplace and public schools and defines individual freedoms based on the fundamental truth that all individuals are equal before the law and have inalienable rights, and was meant to take on corporate “wokeness” and Critical Race Theory in schools in one law.

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What’s in HB 7:

Concepts constituting unlawful discrimination include:
- That members of one race, color, national origin or sex are morally superior to members of another race, color, national origin or sex.
- A person by their race or sex, is inherently racist, sexist or oppressive.
- A person’s moral character or status as privileged or oppressed is determined by race, color, national origin or sex.
- A person, by their race, color, national origin or sex should be discriminated against or receive adverse treatment to achieve diversity, equity or inclusion.
Requires instruction, instructional materials, and professional development in public schools to adhere to principles of individual freedom outlined in the bill. Those principles include that no person is inherently racist, sexist, or oppressive just by his or her race or sex and meritocracy or hard work ethic are not racist but fundamental to the right to pursue success.
Authorizes discussion of topics such as sexism, slavery, racial oppression, racial segregation, and racial discrimination, in an age-appropriate manner, and in such a way that does not indoctrinate or persuade students to a certain point of view that is inconsistent with the principles of individual freedom.
Expands instruction of African American history to develop students’ understanding of the ramifications of prejudice and racism.

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What opponents say:

Here’s what the ACLU says about the law:

Censors protected speech in workplaces and classrooms by banning teaching about systemic racism and gender and race discrimination.
Removes instruction on mental and emotional health from our schools.
Gives employees the ability to file discrimination claims against an employer engaging in such training or discussions.

HB 543 — Constitutional Carry Act

DeSantis signed HB 543 into law in April. The new law strengthened Florida’s Second Amendment rights by allowing Floridians to carry concealed weapons without a government-issued permit. It will go into effect on July 1.

What’s in HB 543:

HB 543 is a short bill that does exactly what it says: Allows Florida residents to carry concealed weapons without a government-issued permit.

To carry a concealed weapon or a concealed firearm without a license, the person must still be eligible for a Florida Concealed Weapon or Firearm License based on the outlined criteria in Section 790.06, however, the person is no longer required to complete training or pay a licensing fee.

Here are the criteria highlights:

You must be at least 21 years of age unless you are a service member, as defined in Section 250.01, Florida Statutes, or you are a veteran of the United States Armed Forces who was discharged under honorable conditions.
You must meet the citizenship and residency requirements outlined in the law.
You must not have a disqualifying criminal record or other condition that would make you ineligible for licensure.

Find the full list here.

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SB 266 — Higher education

In May, DeSantis signed HB 266, which prohibits institutions from spending federal or state dollars on “discriminatory” initiatives like diversity, equity and inclusion (DEI) programs.

The bill prohibits programs, majors, minors, curriculum and general education core courses that violate Florida law regarding prohibited discrimination or that are based on theories that systemic racism, sexism, oppression and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities.

What’s in SB 266:

Prohibits programs, majors, minors, curriculum and general education core courses that violate Florida law regarding prohibited discrimination or that are based on theories that systemic racism, sexism, oppression and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities.
Requires that university presidents renew their ownership of and accountability for hiring, promoting, and when necessary, disciplining faculty.
Expands higher education opportunities at Florida’s largest universities by establishing or expanding specific area of study colleges within the universities. This includes:
- Establishing a pathway for the Hamilton Center for Classical and Civic Education at the University of Florida to be established as a college within the university.
- Renaming and redefining the goals of the Florida Institute of Politics at Florida State University, now the Florida Institute for Governance and Civics.
- Providing additional authorities to the Adam Smith Center for Study of Economic Freedom, including the ability to hire faculty, develop curriculum, and fundraise.
- Establishing the Institute of Risk Management and Insurance Education at the University of Central Florida.

What opponents say:

The new law could dissuade students from enrolling in Florida universities, promoting a “brain drain” from state institutions.
Prohibits fields of study involving race and gender studies.
Usurps faculty hiring decisions to the governors’ appointees and allows tenure to be reviewed at any time.
Prohibits spending on activities that promote diversity, equity and inclusion.
Creates new general education requirements prioritizing neoclassical education focused on Western European civilization.

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SB 7066 — Election administration

SB 7066 was signed into law in 2019 and addressed Amendment 4, which Florida voters passed in 2018, that restored voting rights for some convicted felons. The new law enumerated a uniform list of crimes that fall into the excluded categories and “confirmed” that Amendment 4 did not apply to a felon who had failed to complete all terms of their sentence.

This law required that people with past convictions must pay all of their outstanding legal fees, costs, fines and restitution before they could regain their right to vote, but U.S. District Judge Robert Hinkle found that these requirements violated the equal protection clause of the 14th Amendment by discriminating based on wealth.