Florida Lawmakers Approve Controversial Counterterrorism Unit, Raising Civil Liberties Concerns

TALLAHASSEE, FL – A bill establishing a statewide counterintelligence and counterterrorism unit within the Florida Department of Law Enforcement (FDLE) has passed through three Florida House committees, sparking debate over its potential impact on civil liberties. House Bill 945, sponsored by Riverview Republican Rep. Danny Alvarez, aims to bolster the state’s ability to confront foreign adversaries and terrorist threats, but critics fear it could lead to the surveillance of individuals based on their views or associations.

Unit’s Proposed Scope and Objectives

According to the bill, the unit will focus on detecting, identifying, neutralizing, and exploiting “adversary intelligence entities, international and domestic terrorists, insider threats, corporate threats, and other foreign adversaries.” The legislation directs the FDLE to create a 10-person leadership team by July 2027, which will serve as the core of a larger unit comprised of at least seven teams statewide. Each team will include a team leader, intelligence analysts, and counterintelligence agents with relevant experience.

Justification and Concerns

Rep. Alvarez argues the unit is necessary, citing the failures of federal intelligence agencies to prevent events like the September 11 attacks and a recent truck-ramming incident in New Orleans. He believes a dedicated statewide unit will improve Florida’s security posture. He stated, “History shows us that when we depend on the federal government, Florida loses.”

However, concerns have been raised about the bill’s broad language, which includes targeting individuals whose “actions, views, or opinions are a threat” to the state. Critics point to the potential for abuse, drawing parallels to the FBI’s COINTELPRO program of the 1960s, which targeted political dissidents. State Rep. Michele Rayner, a Democrat, expressed fears that anyone could turn into a target under the bill.

Civil Liberties Advocates Weigh In

Bobby Bloch, executive director of the Florida First Amendment Foundation, warned that the bill’s language could allow the unit to target individuals based solely on their views. He questioned the definition of “inimical” and its potential application to those holding dissenting opinions.

The Council on American-Islamic Relations (CAIR-Florida) has as well voiced concerns, fearing that the unit will disproportionately target Muslim communities, particularly in light of recent actions by Florida Governor Ron DeSantis deeming CAIR a “foreign terrorist organization” – a designation the organization is challenging in court. Omar Saleh, a civil rights lawyer for CAIR-Florida, believes the legislation could be an attempt to “codify” DeSantis’s executive order.

Alvarez’s Response and Next Steps

Rep. Alvarez has stated that the bill does not authorize investigations based solely on speech and that any action must be tied to demonstrable conduct and constitutional standards. He has also indicated a willingness to introduce amendments to address civil liberties concerns.

Despite the concerns, the bill has already passed three House committees and a companion bill is pending in the state Senate, increasing its chances of becoming law. The Israeli spyware company Cellebrite is also tracking the bill’s progress through a registered lobbyist, though their position on the legislation remains undisclosed.