Legislation allowing Florida officials to designate certain domestic groups as “terrorist” organizations moved forward after passing the state Senate on March 14, 2024. Critics argue that the bill could infringe upon the First Amendment rights of Floridians, potentially leading to costly legal challenges.
The proposal enables the Florida Department of Law Enforcement’s chief of domestic security to classify specific groups as terrorist organizations. This designation requires approval from the Florida Cabinet, which includes the governor and three other statewide elected officials. Concerns have been particularly raised by Islamic organizations due to references to “sharia” law within the legislation.
Senator Erin Grall, a Republican from Fort Pierce and sponsor of the Senate version of the bill, reassured her colleagues that the state would apply an existing statute to determine what constitutes a terrorist organization, aligning it with federal criteria used for foreign terrorist groups. “We have not touched the definition of terrorism,” said Grall during the debate.
Should the bill become law, state universities and colleges that “advocate for” these designated groups could see their performance funding withheld. Additionally, students promoting these organizations might face expulsion, while employees associated with state-designated terrorist groups could face felony charges. The legislation also prohibits schools linked to “terrorist” organizations from receiving funds through the state’s voucher program, which facilitates tuition payments at nearly 2,500 private schools, with only about 1% of those being Islamic institutions.
The House had approved a version of the proposal earlier in the week, but the Senate voted on an amended version, necessitating a return to the House before it reaches Governor Ron DeSantis for his signature. A spokesperson for the governor declined to comment on his likelihood of endorsing the legislation, stating, “The governor has not yet received this bill from the legislature. Once delivered to his office, he will review it in its final form.”
The vote largely reflected party lines, with Republicans supporting the legislation and some members from both parties opposing it. Notably, Senators Alexis Calatayud and Ileana Garcia, both from Miami, joined Democrats in opposing the bill. Senator Jason Pizzo, who recently left the Democratic Party, voted with Republicans in favor of the measure.
The inclusion of “sharia” law has drawn significant criticism. Senator Tina Polsky, a Democrat from Boca Raton, indicated that American courts do not enforce foreign laws, deeming that part of the bill unnecessary. She argued that the legislation lacks precise definitions and adequate protections for due process, warning it could lead to the targeting of non-profit organizations and advocacy groups involved in lawful activities. “This bill lacks the precise definitions, due process protections and First Amendment safeguards needed to prevent this abuse,” she cautioned, describing it as a “dangerous, slippery slope.”
Legal experts are concerned that the vague language in the bill could prompt politically motivated enforcement and subsequent expensive legal battles. Recent events have already highlighted the tensions surrounding such designations. A federal judge issued a preliminary injunction against an executive order from Governor DeSantis that had designated the Council on American-Islamic Relations and the Muslim Brotherhood as foreign terrorist organizations. U.S. District Judge Mark E. Walker ruled that the First Amendment prohibits the governor from using his office to make political statements that infringe on constitutional rights.
In response to the federal ruling, Grall acknowledged the ongoing legal discussions but remained undeterred. “I am aware of the opinion that came out yesterday about the executive order and I would note that there has been an injunction that has been in place for one of the organizations but not all,” she stated.
A related proposal that would exempt the records concerning the designation of groups as terrorist organizations from public disclosure also received approval from both the House and Senate. As the legislation progresses, the potential implications for civil rights and community organizations remain a focal point of ongoing debate in Florida.
