Legislation to allow a handful of state officials to designate domestic or foreign terrorist organizations was approved in the GOP-controlled Florida House Tuesday, despite complaints by Democrats that the measure lacks guardrails. The vote was 81-26, mostly along party lines.
The bill — HB 1471, sponsored by Rep. Hillary Cassel, R-Dania Beach — says the terrorism label could be applied if the state’s chief of domestic security finds that the group “is engaging in terrorist activities that either involve illegal acts dangerous to human life, or that are intended to intimidate or coerce a civilian population; influence the policy of a government by intimidation or coercion; or affect the conduct of a government by mass destruction, assassination, or kidnapping or aircraft piracy.”
The state’s chief of domestic security is Mark Glass, head of the Florida Department of Law Enforcement.
The bill says he could declared a domestic terrorist group if it is:
- Based in the U.S.
- Engaging in terrorist activity as defined in state statute.
- Its activity poses an ongoing threat to the security of Florida or the United States.
That recommendation would be put in written form and have to be approved or rejected by the governor and the three members of the Florida Cabinet (the agriculture commissioner, the chief financial officer, and attorney general).
Within seven days after the terrorist designation is approved by the governor and Cabinet, the chief of domestic security must publish notice of that designation in the Florida Administrative Register. Within 30 days after that, the organization or any member may challenge such designation in the state Circuit Court in Leon County.
“This bill confronts a reality that cannot be ignored,” Cassel said on the floor of the House. “Terrorism does not become less dangerous because it is homegrown. Nations do not collapse only from invasion, they can unravel from complacency. America has endured nearly two-and-a-half centuries because we have never surrendered our principles — not to fear, not to pressure and not to slow erosion. And members, let’s be very clear, if we fall, there is no one coming to save us.”
Concerns about guardrails
The proposal received strong pushback from Democrats.
Rep. Rita Harris, D-Orlando, said the bill places “an extraordinary concentration of power” in the hands of just a few government officials.
“There is no requirement for legislative approval,” she said. “There is no independent judicial finding before the designation takes effect. There is no built-in meaningful oversight mechanism to ensure transparency or review. In our system of government, we do not place sweeping, labeling authority in the hands of a few executive officials without guardrails.”
Rep, Robin Bartleman, D-Weston, said she worries about who could be classified as a terrorist organization.
“Does the governor and his Cabinet have the ability to designate NOW [the National Organization for Women] or Planned Parenthood as a domestic terrorist organization? Many would characterize them as a danger to unborn fetuses. So, it is not out of the realm of possibility without tighter guardrails,” she said.
Another part of the measure changes School Choice scholarship funding, prohibiting schools with affiliations to a designated foreign or domestic terrorist organization from receiving tuition voucher funds. That has led to concerns that some Islamic private schools could be targeted.
“We have some fantastic schools throughout this state where they are based in an Arab or Muslim community, and they are concerned that the way that this bill is written, they would no longer qualify for this funding. And it has nothing to do with them practicing an extreme interpretation of what the bill’s sponsor is talking about — Sharia law,” said Rep. Anna Eskamani, D-Orlando.
“It’s really this concern that because they’re a Muslim school they’re being thrown into this discriminatory environment and people are making assumptions because their students are wearing a hijab and now they must be dangerous.”
The bill bans any Florida court from enforcing any provision of Sharia law.
The bill’s passage in the House comes several months after Gov. Ron DeSantis designated the Council on American-Islamic Relations (CAIR) Florida a “terrorist organization.” The group has filed a lawsuit calling that executive order unconstitutional.
The proposal received unanimous approval from House Republicans.
“Members, if we do not fight for our safety and security in Florida, what are we fighting for?” asked Rep. Jeff Holcomb, R-Spring Hill. “By that metric, I move that this bill, which seeks to secure Florida, is quite possibly one of the most important bills that you’ll vote on.”
Shortly after the bill passed, the House voted to support a related measure sponsored by Rep. Cassel (HB 1473). That measure provides an exemption from public record disclosure “for certain information” regarding groups designated as domestic terrorist organizations being sent from the chief of domestic security to the governor and Cabinet “in certain circumstances.”
The bill’s Senate companion, SB 1632, will be voted on in that chamber later this week. If approved as expected, that measure will then head to Gov. DeSantis desk for consideration.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.
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