img courtesy: https://www.flsenate.gov/Session/Bill/2026/945/Analyses/h0945e.BUC.PDF
Florida currently in the process of pushing through Bill 945, which can be read and examined below as well as at Florida Senate website. Links included.
The bills main focus is establishing a counterintelligence and counterterrorism unit and is now in State Affairs Committee. If legislation fast tracks (legislative session scheduled to end on March 13, 2026) it will hit Governor Ron DeSantis desk shortly thereafter for approval or veto for effectual date of July 1, 2026.
The language used in the bill is literally an affront to the 1st amendment In which Florida has a history of abusing:
“Once again, Florida chooses political posturing over the First Amendment,” wrote U.S. District Judge Mark Walker in a March 4 order. USA Today
The language used in the Bill,
“or person whose demonstrated actions, views, or opinions are a threat or are inimical to the interests of this state and the United States of America.”
“Views or opinions,” are under fire by Gov Ron DeSantis. And what views or opinions would you be targeted over? How about Facebook or X posts that say there’s a genocide in Gaza, or perhaps ANY commentary about atheist or religious Zionists? Yeah of course. The language in the Bill also states, ”
“The unit shall identify threats by analyzing patterns
of life, gathering actionable intelligence, and formulating
effective plans of action, and by executing arrests or by
revealing its intent to compel a response using all
counterintelligence and counterterrorism tradecraft necessary to
protect the state from adversary intelligence entities. The unit
may conduct direct action missions on its own against a threat
or may incorporate with or into other units to counteract and
stop identifiable threats.”
Unbelievable that a unit could possibly conduct “actions on it’s own” against citizens, Americans, that have “views and opinions.” What can those actions be, arrest, warrantless search and seizure, use of force, liquidation? No one knows as the language is completely unclear. Under this Bill it’s safe to assume journalists will be targeted for opinions the establishment does not like and will set a precedent for other rogue States to follow for censorship. There is no other Bill like this currently in the United States that I’m aware of. A broad overreach and utter disregard of you 1st amendment to be sure.
This is just another means and method to deface the 1st Amendment and the lawsuits against this Bill, if signed into law, will be immediate, broad, and damaging to the reputation of both Florida and Governor DeSantis.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
“Abridging the freedom of speech” means the government cannot shorten, reduce, or interfere with people’s right to express their views, ideas, or opinions without proper justification under strict constitutional limits.
Meaning of “abridging”
The First Amendment’s phrase prohibits laws or actions that restrict, censor, or punish protected speech, including unpopular or offensive opinions, unless they fall into narrow exceptions like true threats, incitement to imminent violence, or obscenity. Courts interpret it to protect even “robust and wide-open” debate on public issues, shielding speech from government retaliation based on its content or viewpoint.
Why “views or opinions” language raises issues
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In HB 945’s context, labeling a “person whose demonstrated actions, views, or opinions are a threat or inimical to the interests of this state” as an “adversary intelligence entity” allows surveillance or action based purely on ideology, which courts view as unconstitutional viewpoint discrimination.
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Arresting or investigating someone solely for expressing “inimical” opinions—without evidence of crime—would violate the amendment because it punishes protected speech, not conduct; the Supreme Court has struck down similar vague laws targeting dissent.
The bill doesn’t require proof of illegal acts, making it overbroad and likely to chill free expression, as experts note it could target political critics under the guise of counterintelligence.
It appears to be the first such bill in Florida, and there is no widely‑reported analog in other states being cited as a clear precedent in current coverage.
The phrase “person whose demonstrated actions, views, or opinions are a threat or are inimical to the interests of this state” raises serious First Amendment concerns and is very likely unconstitutional as written or as it would predictably be applied.
How courts generally draw the line
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The Supreme Court protects even hateful, offensive, or unpopular speech unless it crosses narrow lines such as true threats, incitement of imminent lawless action, or direct involvement in crime; merely holding or expressing “inimical” opinions about the state is protected advocacy.
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Experts note that HB 945 does not clearly require a criminal predicate before investigation, and it does not carve out protection for speech or advocacy, so it invites targeting people based on ideology or dissent, which is exactly what First Amendment doctrine forbids.
pdf Florida h0945 Bill Analysis
link to flhouse.gov COMPANION BILL: SB 1712
TITLE: Statewide Counterintelligence and
Counterterrorism Unit
SPONSOR(S): Alvarez, D.
SUMMARY
Effect of the Bill:
The bill creates a Statewide Counterterrorism and Counterintelligence Unit (unit) within the Florida Department of
Law Enforcement (FDLE) to proactively address terrorist threats, foreign intelligence activity, and insider threats.
FDLE must create a 10-person team by July 1, 2027, to serve as the initial leadership and organizational core of the
unit. Eventually, the unit will oversee seven teams that will operate out of FDLE’s regional operational centers. The
bill provides organizational requirements for each team and minimum experience requirements for team members.
The bill creates the Statewide Counterintelligence and Counterterrorism Unit (unit) within the Florida Department
of Law Enforcement (FDLE) to proactively identify, monitor, and combat adversary intelligence entities, 1
international and domestic terrorists, insider threats, corporate threats, and other foreign adversaries. The unit is
required to identify threats by analyzing patterns of life, gathering actionable intelligence, formulating effective
plans of action, and by executing arrests or by revealing its intent to compel a response using all
counterintelligence and counterterrorism tradecraft necessary to protect the state from adversary intelligence
entities. Under the bill, the unit may conduct its missions alone or in coordination with other law enforcement
agencies. (Section 1)
1 The bill specifies that the term “adversary intelligence entity” includes any national, foreign, multinational, friendly, competitor, opponent, adversary, or recognized enemy government or nongovernmental organization, company, business, corporation, consortium, group, agency, cell, terrorist, insurgent, guerrilla entity, or person whose demonstrated actions, views, or opinions are a threat or are inimical to the interests of this state and the United States of America.
Fiscal or Economic Impact:
The bill will have a significant negative fiscal impact on state expenditures due to increased FDLE personnel and
operational costs to meet requirements of the bill. The estimated cost to implement the initial leadership team by
July 1, 2027, is $2.2 million. The bill also requires FDLE to request necessary funding to implement seven regional
teams by December 30, 2033. Any such future impact is subject to legislative appropriation.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled1
An act relating to the Statewide Counterintelligence2
and Counterterrorism Unit; creating s. 943.0316, F.S.;3
providing legislative intent; defining the term4
“adversary intelligence entity”; requiring the5
Department of Law Enforcement to establish and6
administer a Statewide Counterintelligence and7
Counterterrorism Unit at a specified location;8
requiring that a team from the unit be assigned to and9
aligned with each regional domestic security task10
force; specifying unit duties; requiring the11
department to create a team by a specified date to12
serve as the initial leadership and organizational13
core of the full unit; requiring the department to14
establish a statewide unit housed in a specified15
location; requiring that the unit be composed of a16
specified number of teams; requiring the department to17
annually request a certain number of positions and18
amount of funding for each position in order to19
achieve full staffing by a specified date; specifying20
team tasks, composition, and experience requirements;21
providing an effective date.22
23
Be It Enacted by the Legislature of the State of Florida:24
25
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CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Section 943.0316, Florida Statutes, is created26
to read:27
943.0316 Statewide Counterintelligence and28
Counterterrorism Unit.—29
(1) It is the intent of the Legislature to establish a30
dedicated counterintelligence and counterterrorism unit whose31
primary goal is to conduct statewide counterintelligence and32
counterterrorism activities to detect, identify, neutralize, and33
exploit adversary intelligence entities, international and34
domestic terrorists, insider threats, corporate threats, and35
other foreign adversaries to protect this state and the United36
States of America.37
(2) As used in this section, the term “adversary38
intelligence entity” includes, but is not limited to, any39
national, foreign, multinational, friendly, competitor,40
opponent, adversary, or recognized enemy government or41
nongovernmental organization, company, business, corporation,42
consortium, group, agency, cell, terrorist, insurgent, guerrilla43
entity, or person whose demonstrated actions, views, or opinions44
are a threat or are inimical to the interests of this state and45
the United States of America.46
(3) The Department of Law Enforcement shall establish and47
administer a Statewide Counterintelligence and Counterterrorism48
Unit housed at the department’s regional operational center,49
with a team from the unit assigned to and aligned with each50
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CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regional domestic security task force established under s.51
943.0312. The unit shall identify threats by analyzing patterns52
of life, gathering actionable intelligence, and formulating53
effective plans of action, and by executing arrests or by54
revealing its intent to compel a response using all55
counterintelligence and counterterrorism tradecraft necessary to56
protect the state from adversary intelligence entities. The unit 57
may conduct direct action missions on its own against a threat 58
or may incorporate with or into other units to counteract and 59
stop identifiable threats.60
(4) The department shall:61
(a) Create a 10-person team by July 1, 2027, whose main62
purpose is to serve as the initial leadership and organizational63
core of the full unit;64
(b) Establish a statewide unit, housed at the department’s65
regional operational center which must be composed of at least66
seven teams, with a team being assigned to each regional67
domestic security task force; and68
(c) Each fiscal year, request the appropriate number of69
positions and funding required for each position in order to be70
fully staffed no later than December 30, 2033.71
(5)(a) Each team shall perform tasks in support of the72
state’s domestic security mission, including, but not limited73
to, providing technical operations to insider threat74
investigations and assigning team officers to safeguard the75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
state from adversary intelligence entities by using76
counterintelligence to detect, identify, assess, and counteract77
threats posed by such entities.78
(b) Each team must, at a minimum, be composed of all of79
the following:80
1. A team leader who is an assistant special agent in81
charge;82
2. A facility security officer who is a special agent83
supervisor with counterintelligence experience, to be assigned84
four intelligence analysts; and85
3. A deputy team leader who is a special agent supervisor,86
to be assigned six counterintelligence agents, one of whom must87
be a regional federal liaison officer, one of whom must be a88
regional state liaison officer, and one of whom must be a local89
liaison officer.90
(c) Each team member must:91
1. Have been a member of or have received formal training92
in any United States government agency, have served as a United93
States servicemember, or have experience with any law94
enforcement agency as an officer, agent, analyst, or operative95
serving in intelligence, counterintelligence, or96
counterterrorism; or97
2. Have at least 3 years of experience of actively working98
in the fields of intelligence, counterintelligence, or99
counterterrorism.100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. This act shall take effect July 1, 2026.101
