Florida lawmakers are raising concerns whether a bill defining domestic terrorism could infringe on constitutional rights to free speech and religious expression.
State senators Feb. 3 voted along party lines in the Judiciary Committee on a bill (SB 1632). The measure would prohibit courts from applying religious law – specifically mentioning Sharia law – and would establish a process to designate domestic terrorist organizations in Florida.
The primary concern was whether the measure specifically was targeting Florida Muslims, raised by advocacy groups like Florida’s chapter of the Council on American-Islamic Relations.
The group, which Gov. Ron DeSantis labeled a foreign terrorist organization in December, spoke at the Capitol also on Feb. 3. Its deputy executive director, Hiba Rahim, warned that this measure was an “extreme overreach” against the federal government’s standards of identifying foreign and domestic terrorism.
But bill sponsor Erin Grall, R-Vero Beach, contended the measure was not about speech or punishing speech, but about addressing “criminal conduct,” saying it “targets conduct, not belief, and protects free speech, religious liberty and due process.”
Grall further focused on a provision that says judges cannot enforce provisions of religious law, naming Sharia. She said some courts across the country did uphold Sharia law, although Sen. Tina Polsky, D-Boca Raton, said that she has never heard of that.
The Legislature has considered but not passed Sharia bans, some not even mentioning the word, at least as far back as 2013. Constitutional law experts then said courts already can’t apply any foreign or domestic law that is unconstitutional.
Sen. Rosalind Osgood, D-Tamarac, noted that she’s heard concerns from Muslim people in her district and questioned that particular provision.
“I’m not an attorney, but that would seem to be unconstitutional. How could we interpret a religious law or a law from a foreign country? I thought that was already unconstitutional,” Osgood said.
The bill also says an organization could be designated a domestic terrorist group if a domestic security chief in Florida finds that it engages in activities dangerous to human life, intend to intimidate or coerce a civilian population, influence the policy of a government by intimidation or affect the conduct of government by mass destruction.
The measure has two more committees before heading to the Senate floor. Its companion House bill (HB 1471) also has two committees left. The session is set to end March 13.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Florida considers defining domestic terrorism, banning Sharia law
Reporting by Stephany Matat, USA TODAY NETWORK – Florida / Tallahassee Democrat
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