Florida Legislature passes 'no-go' zone around first responders despite transparency concerns
Before House lawmakers pushed through a bill on Wednesday creating a 25-foot "no-go" zone around first responders such as police, its sponsor reassured worried lawmakers that it wasn’t a done deal and there would be a "better" version.
There wasn't.
The measure passed the Senate as-is Thursday, with no changes to address the fears from a number of Black Democratic lawmakers that it would be used to prevent their constituents from documenting police brutality.
The bill now heads straight to Gov. Ron DeSantis.
“I am deeply disappointed that this bill, which was supposed to include a cooperative effort by both Democrats and Republicans in the House to improve its language, has passed in its current form in the Senate,” said Rep. Lavon Bracy Davis, D-Ocoee, in a statement.
“They pushed forward with an unwillingness to be cooperative and passed a bill that will only be weaponized against Black people.”
If signed, the legislation (SB 184) would create a second-degree misdemeanor for anyone who, after a warning, approaches or remains within 25 feet of working first responders with the intent to harass, threaten, impede or interfere. That's punishable by up to 60 days behind bars.
The bill, which would take effect Nov. 1, doesn't include a provision that was in the House version. It specifically says "peaceful audio or video recording, photographing, or eyewitness overserving" wouldn't be affected.
Bracy Davis had filed an unsuccessful amendment to get that language back in.
"The only reason we know what happened to George Floyd is because of a girl who was filming his murder close by, and it is apparent to me today that this body is more concerned with the comfort of the police officer than it is with justice and truth," she said.
'We’re going to get it in a much better place'
Rep. Alex Rizo, a Hialeah Republican, told lawmakers on Wednesday that he was "working very hard" with the Senate sponsors to make changes so it could come back to the House for another vote.
“You have my word," Rizo said, "we’re going to get it in a much better place.” He emphasized that the bill was about first responder safety and the safety of those present at the scene of an emergency, not about preventing people from documenting police abuses.
Bill sponsor Sen. Bryan ávila, R-Miami Springs, said on that chamber's floor that recording is already constitutionally permissible.
Only one senator, a Democrat, voted against it. Sen. Bobby Powell, D-West Palm Beach, pointed out how close the person who filmed the police murder of Floyd stood and that there could be obstructions blocking view of something happening 25 feet away.
Earlier update on bill: Get back: Florida Senate passes bill to criminalize getting too close to working police
One Democrat backed longer distances
But Sen. Jason Pizzo, a North Miami Beach Democrat, came out strongly in support but said he thought the distance should be even further.
“I think sometimes it’s not enough,” he said. “It might be 25 feet. It might be 250 feet. If responders during 9/11 said get back on two huge towers, that distance to get back is likely a mile.”
The 25-foot distance is longer than what either chamber's bill had originally. The House proposal set it at 20 feet, and the Senate, which also used to have a first-degree misdemeanor punishment, had 14 feet.
The final legislation met a lot more Democratic opposition in the House Wednesday, passing by a 85-27 vote.
“I asked the question about where does the 25 feet start, and I got no real answer,” said Democratic Rep. Ashley Gantt of Miami before the Wednesday vote, mentioning how there could be numerous first responders at an emergency scene.
She added: "This can very well be weaponized by police officers … I want to record but where do I have the ability to record without jeopardizing my freedom?"
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule can be reached at [email protected].
This article originally appeared on Tallahassee Democrat: Florida lawmakers pass bill making recording police up-close illegal
