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Dec 23, 2023

Tallahassee may join legal challenge to Florida 'anti

City Commissioners will consider whether to mount a legal challenge to Florida's

City Commissioners will consider whether to mount a legal challenge to Florida's "anti-riot" law, focusing on provisions in the law that allow Gov. Ron DeSantis to alter local government budgets should they decide to reduce funding for their police department.

In the 2022 budget passed last month, Tallahassee commissioners approved an extra $3 million in funding, a total of $62.2 million, for the Tallahassee Police Department. But a legal analysis by groups opposed to the law concluded that HB1 created "a process through which the state can usurp control of the municipal budget and unilaterally revise the budget with binding effect on the municipality."

City Commissioners meet at 3 p.m. Wednesday at City Hall. The meeting can be viewed in person or virtually on WCOT or Comcast Channel 13.

Tallahassee could file a similar legal challenge to one already filed by the city of Gainesville or sign on with three nonprofit organizations — the Public Rights Project, Community Justice Project and Southern Poverty Law Center — to file suit.

"These non-profits have represented to the City Attorney their willingness, as with the City of Gainesville, FL, to acquire legal counsel to represent the City of Tallahassee free of legal fees or costs," city staff wrote in their analysis.

The controversial law created a number of new crimes and increased penalties connected to protests that turn violent or block traffic. A priority of DeSantis during the 2021 Legislative session, it created a new definition of "riot," criminalized "cyber intimidation by publication" — intended to bar the sharing of government officials’ contact information — and requires people arrested for the misdemeanor offense of unlawful assembly to be held without bail until their first appearance in court.

Chief U.S. District Judge Mark Walker struck down the law in September after rebuffing a request by DeSantis, Attorney General Ashley Moody and local sheriffs – including Leon County Sheriff Walt McNeil – to toss out the legal challenge.

"Its vagueness permits those in power to weaponize its enforcement against any group who wishes to express any message that the government disapproves of," Walker wrote.

DeSantis called Walker's ruling a "foreordained conclusion before that court," adding "I guarantee we’ll win that on appeal."

Attorneys for DeSantis notified a federal judge Friday that the state will appeal the decision.

He championed the law after nationwide protests focused on racial justice last year following the death of George Floyd, a Black man who was killed by a Minneapolis police officer.

Tallahassee Mayor John Dailey and several of his City Commission colleagues have condemned the legislation, saying not only does it infringe on home rule authority, especially when it comes to budgetary decisions, but also looks to solve a problem that's not there.

Before the legislation passed, Dailey stood in front of City Hall to express concern over its impacts, particularly in the capital city where protests are numerous.

"(The bill) will have the effect, intended or not, of stifling constitutionally protected speech," he said in March. "This bill doesn't just increase the penalties for those who commit violence during a protest, it allows someone to be arrested for simply participating in a protest where violence happens to occur."

Protests and the capital city:

City Inspector General Dennis Sutton has proposed nine new audits to engage in 2022 that look to assess everything from public records requests to inventory of public safety resources. In all, 26 audits are either planned or in the works.

The new audits will focus on the following areas:

The full audit work plan can be viewed here

Sutton's office is still in the midst of several high-profile audits launched in the past year.

Last month, he detailed progress made on an audit connected to former commissioner Scott Maddox. He said the audit would focus on whether staff acted appropriately during the tenure of the commissioner, who was recently sentenced to 5 years in jail after a long-running public corruption probe.

Similarly, an audit of TPD's use of force policy and whether it incorporates modern best practices is ongoing as is a review of operational training for officers.

The News Service of Florida contributed to this story. Contact Karl Etters at [email protected] or @KarlEtters on Twitter.

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