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Florida Speaker says Sabatini’s AR-15 tweet was ‘hypothetical,’ so it doesn’t violate House rules

Steven Lemongello poses for an NGUX portrait in Orlando on Friday, October 31, 2014. (Joshua C. Cruey/Orlando Sentinel)

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Florida House Speaker Jose Oliva said Republican state Rep. Anthony Sabatini’s controversial tweet of an AR-15 rifle directed at protesters did not violate House rules because any implied threat was “hypothetical.”

Sabatini on Sunday tweeted a picture of a semi-automatic rifle, writing, “Attention potential ‘protesters’ coming near Lake County, FL. This is an AR-15—this will be a very common sight upon illegal entry at any Lake County business—FYI!”

Florida Democrats called for Sabatini’s Twitter account to be removed for inciting violence. Sabatini said Twitter told him it did not violate its standards.

State Rep. Cindy Polo, D-Miramar, filed a letter of complaint against Sabatini.

“Especially during times of crisis, people look to our elected officials for leadership and guidance,” Polo wrote. “By intimating that protestors would be met with an AR-15, Representative Sabatini is openly calling for violence. … This behavior is reflective of someone who wants to agitate and disrupt, not that of a member of the Florida House of Representatives.”

On Tuesday, Oliva, R-Miami Lakes, wrote on Twitter that he concluded it was “not in my authority” to act on Sabatini’s tweet.

“The imagery notwithstanding, it is my conclusion that the wording of the tweet does not constitute a direct or preemptive threat to any specific person, organized group or entity,” Oliva wrote. “The tweet represents a stated and implied reaction to a potential threat. The specific threat being the illegal trespass of private property.”

Oliva said House rules are in place “to maintain order and decorum consistent with the traditions of the House.”

“The rules do not and should not grant presiding officers the power to determine the wisdom of member’s speech,” Oliva wrote. “This is a truth I think we all can agree on.”

He called Sabatini’s tweet “provocative,” but added, “as for their wisdom, I will leave that to the public at large. However, they were directed specifically at a hypothetical party who would engage in an unlawful act.”

In a statement later in the day, Polo said she was “disappointed, but not surprised” in Oliva’s “swift action to defend a colleague who has peddled conspiracy theories, incited violence and let’s not forget, is a member of the National Guard that may be called to ‘restore peace’ amongst the very protestors he threatened.”

slemongello@orlandosentinel.com