Florida has taken a significant step in establishing state-level authority over terrorist designations, a move that brings the nation’s third-largest state into uncharted constitutional waters.
Governor Ron DeSantis and the Florida Cabinet approved administrative rules Friday that create a formal process for designating both domestic and foreign terrorist organizations. The approval, which required less than two minutes of deliberation, represents the implementation phase of legislation that became law on July 1st of this year.
The newly approved framework empowers Mark Glass, Florida’s Department of Law Enforcement Commissioner and the state’s chief of domestic security, to recommend organizations for terrorist designation. Under the established procedure, any such recommendation must receive approval from both the governor and the Cabinet before taking effect.
Once approved, a designation would become official thirty days after publication in the Florida Administrative Register. Organizations facing designation would have seven days following notification to file written objections and supporting documentation.
“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 stated Friday. The commissioner had previously recommended designating three specific organizations: the Council on American-Islamic Relations, the Muslim Brotherhood, and Antifa.
The underlying legislation carries substantial practical implications. State agencies, local governments, and public educational institutions are prohibited from using state funds to support any designated organization. The law establishes criminal penalties for knowingly providing material support or resources to groups labeled as domestic terrorist organizations.
Educational institutions face particular restrictions. Public schools and universities cannot use either state or federal funds for programs that promote designated terrorist organizations. Students who promote such groups may face consequences including loss of financial assistance, and foreign students on visas would face additional reporting requirements.
The legislation passed with notable but not overwhelming margins. The Florida Senate approved the measure 25-11, while the state House provided final approval with an 80-25 vote in April.
Legal challenges have emerged swiftly. Two federal lawsuits currently contest Florida’s designation authority. The Council on American-Islamic Relations, along with its Florida chapter, filed suit following a December executive order from Governor DeSantis that labeled the organization and the Muslim Brotherhood as foreign terrorist organizations for state purposes.
In March, U.S. District Judge Mark Walker issued a preliminary injunction blocking enforcement of that executive order against the Council on American-Islamic Relations. Judge Walker’s ruling indicated the order likely violated First Amendment protections. The DeSantis administration filed an appeal two days following that decision.
A separate lawsuit filed in July challenges the new state law itself. The Council on American-Islamic Relations, represented by the American Civil Liberties Union and other attorneys, argues that the designation system violates constitutional protections and that Florida lacks legitimate grounds for labeling it a terrorist organization.
The legal battle raises fundamental questions about federalism and the extent of state authority in matters traditionally handled at the federal level. The federal government maintains its own terrorist designation system through the State Department and Treasury Department, creating potential conflicts between state and federal classifications.
As these legal challenges proceed through the courts, Florida’s framework now stands ready for implementation, pending resolution of the constitutional questions that may ultimately require attention from higher courts.
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