This morning I had the privilege of appearing on the A.M. Tampa Bay WFLA show. This was the fourth time I’ve been on the show in previous months. On each of those occasions, I spoke about the antiriot laws that Gov. DeSantis endorsed and then got passed through the legislature. This morning’s talk was about protesters arrested during assemblies on Dale Mabry and Himes. During the about five-minute segment, I observed that there is a tension between peaceable assembly which the First Amendment protects and people who want to get out a message and be seen. The “rough edges” of peaceable assemblies can attract law enforcement attention.
The operative question is the manner and means of practicing assembly. This is a form of First Amendment expression that our Founders declared we have a right to freely exercise. The Cuban protests hit home with our large Cuban population. People are tired of the dictatorship in Cuba suppressing the rights of the people as they suffer food shortages and unchecked Covid outbreaks. Local protesters were showing solidarity with their Cuban brothers and sisters in bringing public official attention to the need for Americans to do more to support a change in Cuba’s government. This is classic First Amendment expression.
However, as the radio show hosts pointed out people who are being arrested for battery on law enforcement officers are not peaceably assembling. Here we need to remember that merely touching a police officer can result in this third-degree felony charge being levied. On the show I did not support the right of protesters to demonstrate on I-275 by blocking traffic on this high-speed freeway. Peaceable assemblage means working within the confines of reasonable parameters. Of course, there is a tension over what is a reasonable parameter. In the past, law enforcement has aggressively checked protesters and during the Black Lives Matter protests in downtown Tampa, rubber bullets were used as crowd control mechanisms at times on people who were merely holding signs. While it is difficult for law enforcement to single out offenders in a crowd, this challenge does not justify the use of force tactics against the whole crowd.
My gracious radio show hosts pondered whether the misdeeds of a few in the group would drown out the message about supporting change in Cuba. I don’t think so because Cuban-Americans have been wanting change for a long time. The bravery of their brothers and sisters on the island is inspiring them to come to the streets here in the US. It is ironic that Gov. DeSantis’ antiriot legislation would be impacting members of a protest group whose theme he supports.
In the end, the antiriot legislation will face challenges regarding the constitutionality of the statute. The provision that people arrested for participating in a protest cannot post bond until there initial court appearance is based on claims and distinctions without merit. I don’t believe this will pass constitutional muster as this delay in a person’s right to be free on bond pending the outcome of an arrest substantially outweighs any purported government interest in detaining them longer than the average person accused of crime. It will take time for challenges to the statute to weave their way through the court system. In the meantime, protesters deserve a vigorous defense against the charges brought against them. I set forth below the antiriot legislation, the local ordinance, and the chief judge of Hillsborough County’s implementation of the bond rules contained in the legislation.
https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=70193
CS/HB 1 - Combating Public Disorder
Combating Public Disorder: Authorizing specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement agency; providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances; reclassifying the penalty for an assault committed in furtherance of a riot or an aggravated riot; prohibiting cyberintimidation by publication; prohibiting a person from willfully participating in a specified violent public disturbance resulting in specified damage or injury; creating an affirmative defense to a civil action where the plaintiff participated in a riot, etc.
Effective Date: April 19, 2021
Last Event: Chapter No. 2021-6 on Tuesday, April 20, 2021 2:21 PM
Sec. 14-41. - Assemblies obstructing streets and sidewalks.
All persons are hereby prohibited from gathering and standing in groups upon the streets, avenues and sidewalks of the city in such a manner as to obstruct the free passage of persons or vehicles upon the sidewalks or streets of the city.
(Ord. No. 89-238, § 2(24-21), 9-28-89)
IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA
ADMINISTRATIVE ORDER S-2021-025
(Supersedes Administrative Order S-2020-058)
UNIFORM BAIL BOND SCHEDULE
The uniform bail bond schedule has traditionally listed certain criminal offenses for which a person arrested is ineligible for release pending the first appearance hearing. Committee Substitute for House Bill 1, adopted by the 2021 Florida Legislature, became law on April 19, 2021. This new law provides that, among other provisions, persons arrested for riot, aggravating rioting, inciting a riot, aggravated inciting a riot, burglary offenses committed during a riot or aggravated riot, theft offenses committed during a riot or aggravated riot, unlawful assembly, and mob intimidation must be held in custody until brought before the court. It is necessary for the proper administration of justice to update the uniform bail bond schedule to reference these statutory provisions.
By the power vested in the chief judge under article V, section 2(d), Florida Constitution; section 43.26, Florida Statutes; and Florida Rule of Judicial Administration 2.215(b)(2), it is ORDERED:
1. General
The following bail bond schedule is established so that persons arrested for certain criminal offenses may be released on a bail bond prior to the person's first appearance hearing. This schedule is not intended to bind any judge conducting first appearance hearings or bail bond hearings. When determining bail, judges should consider the criteria set out in section 903.046, Florida Statutes, and Florida Rule of Criminal Procedure 3.131.
2. First Appearance Hearing Required
The following persons who are arrested will not be released on a bail bond pending the arrested person's first appearance hearing.1 The judge presiding at the first appearance hearing will determine the appropriate amount of bail bond, if any.
• Anyone who at the time of arrest is known to be on pretrial release2;
• Anyone who is determined to be on felony probation or felony community control;
• Anyone who is determined to be a sexual offender or a sexual predator unless the arrest is for a misdemeanor offense under chapter 316, Florida Statutes (§903.046(2)(m), Fla. Stat.);
• Anyone who is arrested for any of the criminal offenses listed below:
o Capital Felony
o Life Felony
o First Degree Felony Punishable by Life
o Attempt/Solicitation/Conspiracy to Commit First Degree Murder
o Carjacking
o Sexual Battery
o Escape
o Attempt/Solicitation/Conspiracy to Commit Second Degree Murder
o DUI Manslaughter
o Retaliating Against a Witness (§914.23, Fla. Stat.)
o Failure of Defendant on Bail to Appear (§843.15, Fla. Stat.)
o Domestic Violence (§741.2901(3), Fla. Stat.)
o Violation of Domestic Violence Injunction (§741.30(9)(b), Fla. Stat.)
o Violation of Repeat Violence Injunction when the alleged violation involves repeat violence (§784.046(9)(b), Fla. Stat.)
o Violation of Pretrial Release when original arrest was for domestic violence (§741.29(6), Fla. Stat.)
o Violation of Injunction for Protection against Exploitation of a Vulnerable Adult (§825.1035(11), Fla. Stat. (2018))
o Trafficking Offenses
o Arson
o Aggravated Child Abuse
o Riot (§870.01, Fla. Stat. (2021))
o Aggravated Rioting (§870.01, Fla. Stat. (2021))
o Inciting a Riot (§870.01, Fla. Stat. (2021))
o Aggravated Inciting a Riot (§870.01, Fla. Stat. (2021))
o Burglary offenses committed during a Riot or Aggravated Riot (§810.02, Fla. Stat. (2021))
o Theft offenses committed during a Riot or Aggravated Riot (§812.014, Fla. Stat. (2021))
o Unlawful Assembly (§870.02, Fla. Stat. (2021))
o Mob Intimidation (§784.0495, Fla. Stat. (2021))
o Gang-Related Offenses (Ch. 874, Fla. Stat.); and
• Any offender who is on release supervision under sections 947.1405, 947.146, 947.149, or 944.4731, Florida Statutes and whois arrested on a felony charge (§ 94 7 .141(2), Fla. Stat.). If the first appearance judge determines there is probable cause for the arrest, the offender must continue to be detained without bond for up to 72 hours, pending a decision by the Florida Commission on Offender Review to issue a warrant charging the offender with violation of the conditions of release.
3. Warrants
Bail for persons arrested on a violation of probation warrant or a failure to appear warrant will be set in the amount provided for in the warrant itself. If the violation of probation warrant or failure to appear warrant is silent as to a bail bond amount, then there will
be no bond, pending the arrested person's next appearance before the judge assigned to handle the violation of probation or failure to appear matter. Bail for arrest warrants will be set in the amount provided for in the warrant itself. If the arrest warrant is silent as to a bail bond amount, then the bail will be set in accordance with the provisions of this administrative order.
4. Schedule
Except as provided in sections 2 and 3 of this administrative order, any person arrested for a criminal offense may be released on a bail bond in an amount based on the designated classification and degree of the offense. Persons arrested for the following classifications and degrees of criminal offenses may be released on a bail bond in the corresponding amount:
First Degree Felony ————— $15,000
Second Degree Felony ————— $7,500
Third Degree Felony ————— $2,000
First Degree Misdemeanor & non-felony DUI ————— $500
Second Degree Misdemeanor ————— $250
City or County Ordinance Violation ————— $250
5. Previous Administrative Order Superseded
This administrative order supersedes Administrative Order S- 2020-058 (Uniform Bail Bond Schedule).
6. Effective Date
This administrative order is effective immediately.
ENTERED on April 20, 2021.
Original: Cindy Stuart, Clerk of the Circuit Court All Judges
Copy: Andrew H. Warren, State Attorney Julianne Holt, Public Defender Chad Chronister, Sheriff