Did Desantis Overstep Legal Boundaries?

Florida Governor Ron DeSantis has been accused of hypocrisy and violating free speech rights protected by the Constitution. DeSantis has been criticised for his handling of the COVID-19 pandemic, signing bills that restrict mask mandates and vaccination requirements, and for his support of conservative policies on issues such as abortion, gender identity, and social media access for minors. DeSantis has also been accused of rushing to fill Republican House seats while keeping voters in a Democratic-held district waiting for months. While some of his actions may be controversial, they do not necessarily indicate that he has broken any laws.

DeSantis' anti-LGBTQ+ laws

Florida Governor Ron DeSantis has been criticised for his stance on LGBTQ+ rights, with some of his policies being described as "anti-LGBTQ"+.

In 2023, DeSantis signed a bill banning classroom instruction on sexual orientation and gender identity in schools, which critics have called the "Don't Say Gay" bill. The bill was later expanded to cover all grades. DeSantis has also signed a bill that prevents school staff or students from being required to refer to people by pronouns that don't correspond to their sex, and another bill that bans children from attending adult live performances, including drag shows.

In addition to these policies, DeSantis has also signed several other bills that have been criticised as "anti-LGBTQ+". These include:

• HB 1069, which prohibits any instruction on sexual orientation or gender identity from Pre-K through 8th grade.
• SB 254, an extreme gender-affirming care ban that would penalise providers who give gender-affirming care and prohibit Medicaid from covering such care.
• HB 1521, an anti-trans bathroom bill that criminalises transgender people for using the restroom that matches their gender identity.
• SB 266, which allows the state Board of Governors to give direction to universities on removing majors and minors in subjects like critical race theory and gender studies.
• SB 1580, a "License to Discriminate in Healthcare" bill that allows healthcare providers and insurers to deny patients care on the basis of religious, moral, or ethical beliefs.

Abortion laws

Florida's abortion laws have been a contentious topic, with the state's Republican Governor, Ron DeSantis, signing into law a bill that bans abortions after six weeks of pregnancy. This law came into effect in May 2024 and was approved by DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting it.

The abortion law in Florida states that abortion is generally illegal after six weeks from the woman's last menstrual period. There are, however, some exceptions to this ban. Abortions are permitted within 15 weeks of gestational age if the woman can provide evidence of rape, incest, or human trafficking through medical or official documentation. Additionally, abortions are allowed before the third trimester if two doctors certify a fatal fetal abnormality, and at any time if doctors certify that it is necessary to save the pregnant woman's life or prevent substantial and irreversible physical impairment.

The abortion law in Florida has a history dating back to 1868, when the state's first abortion law was implemented. Over the years, there have been various changes and challenges to the law, with the Supreme Court of Florida playing a significant role in shaping the legislation. In 1972, the court ruled that the law was unconstitutionally vague, leading to its repeal. In 1989, the same court ruled that the state's constitution protected a woman's right to abortion, but this decision was overturned in April 2024, allowing the 15-week abortion ban to remain in effect.

The debate around abortion in Florida has sparked protests and legal challenges. Abortion-rights supporters have launched initiatives, such as Amendment 4, to restore access to abortions and protect abortion rights in the state. DeSantis and his administration have actively campaigned against these amendments, drawing criticism for their use of state resources and taxpayer money to influence the election. The efforts to block Amendment 4 have included investigating allegations of fraud in petitions and sending law enforcement personnel to the homes of private citizens who signed petitions.

The abortion debate in Florida continues to be a highly divisive issue, with those in support of abortion rights advocating for more accessible abortion services, while those opposed seek to restrict abortion access and uphold the six-week ban.

Social media restrictions for children

On March 25, 2024, Florida Governor Ron DeSantis signed a bill restricting social media use for children under 16. The bill, which takes effect on January 1, 2025, bans children under 14 from social media platforms and requires parental consent for 14 and 15-year-olds to access them. The legislation also requires social media platforms to terminate the accounts of users under 14 and those under 16 who do not have parental consent, and to use a third-party verification system to screen out underage users.

This bill is one of the country's most restrictive social media bans for minors and has sparked controversy and legal challenges. Supporters of the bill, including Republican state house speaker Paul Renner, argue that it addresses the harmful effects of social media on children's mental health and well-being. Renner stated that addictive technologies are sucking children in, and they lack the ability to step away. He also highlighted the dangers of sexual predators communicating with minors online. The bill was a top legislative priority for Renner, who expressed confidence that it would withstand legal challenges.

On the other hand, critics argue that the bill violates the First Amendment protections for free speech and that parents, not the government, should decide about their children's online presence. Meta, the parent company of Instagram and Facebook, opposed the legislation, citing concerns over parental discretion and data privacy due to the requirement for personal information in the age-verification process. NetChoice, a coalition of social media platforms, also challenged the bill, claiming it would violate First Amendment rights and put users' private data at risk of breach.

The bill does not name specific social media platforms but targets sites that promote "infinite scrolling," display reaction metrics, feature autoplay videos, live streaming, and push notifications. It exempts websites and apps primarily used for email, messaging, or texting between individuals. Florida's social media ban is expected to face legal challenges, with critics arguing that it infringes on the First Amendment rights of younger users and creates obstacles for young people seeking access to online information.

Voter registration laws

Florida Governor Ron DeSantis has been accused of suppressing voter registration in his state. In April 2023, Florida passed a nearly 100-page law, Senate Bill 7050, that created new requirements and penalties for organisations that register voters. This law has been criticised for making registering voters prohibitively expensive for many groups in Florida.

SB 7050 created a cumbersome list of requirements for voter registration groups. It also creates legal risk: the bill makes it a third-degree felony to retain "personal information" from a registered voter, but it doesn't clearly specify what counts as personal information. It also subjects organisations to a $50,000 fine for each volunteer or staff member who has ever been convicted of a felony and has helped to register voters.

SB 7050 has had a chilling effect on voter registration drives. The League of Women Voters Florida, which is volunteer-run, is not conducting its usual paper-form voter registration drives this year, despite the significance of having an abortion rights amendment on the Florida ballot. The state's cap for potential penalties is $250,000, and the League's most recent annual budget was $268,425. "It's so punitive it would bankrupt us," said Cecile Spoon, co-president of the League of Women Voters Florida. "It's a liability trap."

SB 7050 is just one of several laws that DeSantis has signed that restrict the right to vote or undermine American democracy. In 2019, he signed Senate Bill 7066 into law, which required all individuals with felony convictions to pay off all fines and fees imposed by the legal system before they would be eligible to vote again. SB 7066 prevented an estimated 774,000 Floridians from registering to vote, many of whom couldn't afford to pay the fines.

In 2021, DeSantis signed the omnibus voter suppression law Senate Bill 90 into law. Among other provisions, the law bans anyone except poll workers from distributing food and water to voters waiting in line, cuts the period over which absentee ballot requests will be honoured, and shortens the time in which drop boxes may be used. SB 90 also shortened the period of validity for mail-in ballot requests from four years to two, leading to the cancellation of thousands of mail-in ballot requests.

DeSantis has also pushed through a congressional map that directly harmed Black voters. During Florida's redistricting last year, DeSantis made an unprecedented intervention in the process to eliminate a district that gave Black Floridians the opportunity to elect a representative of their choice to Congress.

Building regulations

Gov. Ron DeSantis signed the HB 267 bill into law, amending the state's building code. The bill imposes time limits on local governments to approve or deny permit applications. It also requires local governments to create auditing standards before auditing a private provider. The bill further establishes a pathway for licensure as a residential building inspector through an internship program for residential building inspectors. Additionally, it removes the requirement for sealed drawings when replacing windows, doors, or garage doors in certain homes, provided they meet state standards. The law will come into effect on January 1, 2025.

The new legislation follows the Surfside building collapse, which claimed 98 lives. The tragedy highlighted the need for stricter condominium safety measures and engineering expertise. The law is a positive step towards ensuring the safety of Florida's residents and holding relevant parties accountable for maintaining building safety standards.

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