Police harassment bill won’t criminalize filming officers, sponsor says

TALLAHASSEE, Fla. (FLV) – A bill is moving forward that would make it a second degree misdemeanor to approach a law enforcement officer within 20 feet, after receiving a warning.

Critics online said the bill would make it illegal for individuals to get within 20 feet of a police officer or emergency medical personnel to film.

The bill’s sponsor, Rep. Alex Rizo, R-Hialeah, said it would not prevent onlookers from recording officers during the House Criminal Justice Subcommittee meeting on April 5.

The bill received bipartisan support and passed 16-2.

“Nothing in this bill says you cannot record anything. And again, I think at the 20 foot mark, that we’ve talked about, and we actually showed right here, it’s close enough to see. And some of the scenarios that were mentioned, I think would still have been recorded effectively, given that distance,” Rizo said.

A related bill is being carried in the Senate by Sen. Bryan Avila, R-Hialeah Gardens.

“This bill is about safety, that’s what this is about. It’s about safety for law enforcement officers, and all of our first responders as it will move through the process,” Rizo said.

The legislation makes it unlawful for a person, after receiving a “warning not to approach” from a law enforcement officer who is performing a duty, to approach or remain within 20 feet of the law enforcement officer.

This applies if the person has the intent to interrupt, disrupt, hinder, impede, or interfere with the law enforcement officer’s ability to perform such duty.

It would also be illegal if there was intent to threaten the officer with physical harm or harass the officer, or make so much noise that the officer is prevented from performing his or her official duties.

The bill sponsor said there are already laws that prohibit a person from resisting or obstructing law enforcement.

“There is nothing that codifies what ‘stand back’ is, or a warning, just as to sit back a little bit and let that officer go ahead and do their job,” Rizo said.

“Harass” is defined in the bill as to “engage in a course of conduct directed at a law enforcement officer which causes substantial emotional distress to that law enforcement officer and serves to legitimate purpose.”

According to the bill’s analysis, it may have a “positive indeterminate impact” on jail beds by creating a new second degree misdemeanor.

Rep. Bracy Davis, D-Ocoee, opposed the bill and said the definition of “harass” seems very “subjective.”

“It feels very subjective. I represent a majority minority district, so every time I see a bill, I have to look at the bill through the lens of my district, and through the lens of the people that I represent, and so while I have to see the impact and the consequences of this bill, and I believe, just as some of the community has mentioned today that it feels very discretionary and arbitrary,” Davis said.

Rep. Joe Casello, D-Boynton Beach, said he would support the bill. Casello is a retired firefighter and asked Rizo if he would consider bringing firefighters and EMT’s into the legislation.

“I commend the brotherhood of the police departments that come up here today and testify and tell us – this committee how important this bill is to them to have that. It’s all about the workable space folks on emergency scenes,” Casello said.

“Yes, there are some bad people out there that wear a badge. We get that part of it. But, for the most part, for the majority of police officers, and first responders, and I commend you for considering to take in the EMTs and firefighters into this bill, I’m going to be up on this bill,” he said.

“There’s a saying that law enforcement officers use when they say goodbye to each other, and that is ‘watch your six,’ referring to your six o’clock – your back,” Rizo said.

“By voting in support of this bill today, we’re telling every single law enforcement officer and eventually every first responder in the state of Florida, that we here, all of you, and me, we have their backs,” Rizo concluded.

If passed, the law will take effect Oct. 1.