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Florida HB 1 — Combating Public Disorder Act (2021)

  • Law: Florida House Bill 1 (Combating Public Disorder Act)
  • Passed: Florida Legislature, March 2021
  • Signed by: Governor Ron DeSantis, April 19, 2021
  • Vote: House 76–39; Senate 23–17
  • Status: Partially in effect; several provisions challenged in court

What It Does​

Florida HB 1, signed weeks after the January 6 Capitol events and in direct response to the 2020 George Floyd protest wave, is the most expansive state anti-protest law passed in the modern era. Key provisions:

New crimes:

  • Creates a new 3rd-degree felony for "mob intimidation" — defined as a group of two or more people attempting to compel a person to assume or abandon a particular viewpoint.
  • Creates a new 3rd-degree felony for "aggravated riot" when a riot involves 25 or more people, causes property damage, or involves people carrying weapons.
  • Makes it a felony to obstruct traffic during a protest.

Bail denial:

  • Prohibits release on bail for anyone arrested for a riot-related offense until their first court appearance, regardless of the underlying charge or criminal history.
  • A peaceful protester arrested at the same location as someone who damaged property may be denied bail before any adjudication of their individual conduct.

Driver immunity:

  • Provides civil immunity to drivers who "unintentionally" injure or kill protesters blocking a public road, if the driver "reasonably believed" their safety was threatened.
  • Critics call this the "hit protesters and keep going" provision; opponents say it creates incentive for drivers to use vehicles as weapons without legal consequence.

Local government liability:

  • Creates a cause of action against municipalities that "willfully and publicly" support "defunding" the police, allowing citizens or the state to sue local governments for protest-related damages.

Why Critics Oppose It​

  • Guilt by proximity — The expanded riot definition means a peaceful protester can face a felony charge if anyone else in the same crowd engages in property damage or disorder, even if the individual did nothing wrong.
  • Chilling effect on assembly — Citizens who fear being swept into a riot charge simply because they attended a protest cannot safely exercise their 1st Amendment right to assemble and petition the government.
  • Driver immunity endangers lives — Granting civil immunity for striking protesters removes the legal deterrent against using vehicles as weapons at demonstrations. Several deaths and injuries at protests nationally preceded this law.
  • Pretextual bail denial — Denying bail to everyone arrested near a protest, regardless of individual conduct, allows mass detention of peaceful protesters before trial.
  • Mob intimidation vagueness — Criminalizing attempts to "compel a person to assume or abandon a particular viewpoint" by groups of two or more could apply to nearly any organized political advocacy — lobbying, door-knocking, or community organizing.

Constitutional Concerns​

  • 1st Amendment (freedom of assembly) — Overbroad riot definitions sweeping in peaceful protesters based on others' conduct.
  • 1st Amendment (chilling effect doctrine) — Laws that make lawful assembly too legally risky effectively suppress that right.
  • 14th Amendment (due process) — Denying bail based on protest attendance rather than individual conduct.
  • 14th Amendment (equal protection) — Selective application against political demonstrations.
  • Laundry Workers Center United v. DeSantis — Federal district court enjoined several provisions of HB 1, finding the mob-intimidation and aggravated-riot provisions unconstitutionally vague.
  • The 11th Circuit partially reversed, reinstating some provisions while others remain enjoined. The law has not been tested at SCOTUS.
  • The driver immunity provisions have not been struck down but have been challenged in state court.

Key Votes to Screen​

Florida legislators who voted YES on HB 1 voted for a law that makes it a felony to attend a protest where someone else behaved unlawfully, grants legal cover to drivers who run over protesters, and denies bail to people arrested at protest sites. House: 76–39; Senate: 23–17.

Why This Matters for We The Citizens​

HB 1 is the national model for anti-protest legislation copied in other states. A legislator who voted YES voted for a legal framework that functionally criminalizes protest when convenient and insulates political violence against demonstrators.

See also: State Anti-Riot Laws (Federal Bad Laws section) | Critical Infrastructure Anti-Protest Laws | State Bad Laws Overview

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