In a procedure that took less than two minutes, Gov. Ron DeSantis and the Florida Cabinet voted Friday to approve a rule governing the Florida Department of Law Enforcement's designation of Florida groups as domestic or foreign terrorist organizations.
The approval paves the way for the state to thus designate the Council on American Islamic Relations (CAIR), the Muslim Brotherhood, and Antifa more than two months after DeSantis announced he had received the recommendations from FDLE Commissioner Mark Glass.
The rule establishes that the state's Chief of Domestic Security, at the moment Glass, will notify the governor and Cabinet of plans to designate an organization as a domestic or foreign terrorist organization.
The Florida Legislature passed a bill (HB 1471) earlier this year empowering the FDLE chief to label organizations domestic or foreign terrorist groups on evidence of specific criteria, including engagement in terrorist activity as defined by Florida law, subject to ratification by the governor and Cabinet.
The legislation prohibits any state agency, political subdivision, or public school district from expending or accepting state funds to support groups thus designated. It bans public schools or school districts from spending state or federal funds or maintaining programs on campus that "promote" a designated group.
READ MORE: Terrorism designations go before DeSantis, Cabinet
The law also says any college or university must report information relating to the status of a student who is attending that school on a student visa if the student "promotes" an terrorist-designated organization. Students found to have promoted the group can be expelled.
The ACLU, the ACLU of Florida, and two other legal groups representing CAIR and CAIR Florida filed a lawsuit challenging the constitutionality of the legislation in July in the U.S. District Court for the Northern District of Florida.
"As Florida chief of domestic security, I know there are imminent dangers to public health, safety, and welfare due to increasing risks from foreign and domestic terrorist groups," Glass said Friday.
"This provides an appropriate framework where that they can take action appropriately so that they can defend the people of Florida against possible actors and terrorist groups. So, I move to approve the item as presented," DeSantis said.
'Dangerous new designation regime'
The governor attempted to designate CAIR and the Muslim Brotherhood as domestic terrorist organizations through an executive order in December. CAIR Florida filed a legal challenge in March, and a federal judge shortly thereafter issued a temporary injunction blocking that designation. The DeSantis administration has appealed the ruling.
"From Day One, Florida officials' use of this dangerous new designation regime has violated the Constitution," Hina Shamsi, director of the ACLU's National Security Project, said in July.
"Gov. DeSantis has simply no legitimate basis to brand our clients with one of society's most reviled labels, let alone to force them to shut their doors under threat of crippling criminal penalties, and leave the Floridians they serve without a crucial civil rights voice. In the United States, CAIR and all nonprofits have the right to criticize the government, protect religious freedom, and advocate for the causes they believe in."
In addition to CAIR, the Muslim Brotherhood, and Antifa, DeSantis said in July that the state had received recommendations to designate more than 90 groups as foreign terrorist organizations, including but not limited to Cartel de Sinaloa; Tren de Aragua; the Islamic Revolutionary Guard Corps of Iran (IRGC); Cartel del Noreste; and Cartel del Golfo.
Under the rule change approved Friday, any designation would become effective 30 days after publication in the Florida Administrative Register. Organizations placed on the list would have seven days after being noticed to object in writing and provide documentation the organization believes would counsel against the designation.
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