Florida 2023 2023 Regular Session

Florida House Bill H0531 Analysis / Analysis

Filed 04/07/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0531b.SAC 
DATE: 4/7/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HM 531    Support of a Free Iran 
SPONSOR(S): Eskamani and others 
TIED BILLS:   IDEN./SIM. BILLS: SM 848 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Local Administration, Federal Affairs & Special 
Districts Subcommittee 
16 Y, 0 N Roy Darden 
2) State Affairs Committee  	Roy Williamson 
SUMMARY ANALYSIS 
The Islamic Republic of Iran is the governing body of the country of Iran. As a result of the Iranian takeover of 
the American Embassy on November 4, 1979, the United States and Iran severed diplomatic relations in April 
1980 and since then have had no formal diplomatic relationship. On September 13, 2022, Mahsa “Jina” Amini 
suffered a head injury under unknown circumstances and died while in the custody of the Tehran police. 
Amini’s death catalyzed a series of protests regarding Iranian human rights issues. 
 
The protests began in September 2022 and are ongoing. According to the Human Rights Activists News 
Agency, U.S.-based organization that advocates for human rights in Iran, at least 516 protesters have been 
killed during the protests. 
 
The memorial urges the United States Congress to stand in support of the fight for freedom of the people of 
Iran. The memorial directs the Secretary of State to dispatch copies of the memorial to the President of the 
United States, the President of the United States Senate, the Speaker of the United States House of 
Representatives, and to each member of the Florida delegation to the United States Congress. 
 
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for 
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal 
government to act on a particular subject. 
 
This memorial does not have a fiscal impact on the state or local governments.   STORAGE NAME: h0531b.SAC 	PAGE: 2 
DATE: 4/7/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
U.S.-Iran Relations 
 
The Islamic Republic of Iran is the governing body of the country of Iran. As a result of the Iranian 
takeover of the American Embassy on November 4, 1979, the United States and Iran severed 
diplomatic relations in April 1980 and since then, have had no formal diplomatic relationship. 
Switzerland is the U.S. protecting power within Iran and provides limited consular services to U.S. 
citizens in Iran.
1
  
 
Iran Nuclear Agreement 
 
The Iran Nuclear Agreement, formally known as the Joint Comprehensive Plan of Action (JCPOA), is 
an agreement between Iran, China, France, Germany, Russia, the United Kingdom, the United States, 
and the European Union on the development of Iranian nuclear power.
2
 Negotiations on the agreement 
began in 2013, with a final agreement reached in July 2015.
3
 The United States withdrew from the 
JCPOA in 2018, citing the agreement’s failure to curtail Iran’s missile program and regional influence.
4
 
 
The purpose of the JCPOA was to ensure the Iranian nuclear program would be used exclusively for 
peaceful purposes.
5
 To achieve this, the agreement limited Iran to conducting uranium enrichment 
research with certain centrifuge designs at specified locations for 10 years.
6
 The agreement also 
required Iran to agree not to build additional centrifuges or heavy-water facilities for 15 years.
7
 Under 
the agreement, the International Atomic Energy Agency had regular access to all Iranian nuclear 
facilities in order to verify compliance,
8
 and required a comprehensive inspection plan to be 
implemented to monitor and confirm Iran’s compliance and prevent diversions of any material which 
could be used for alternative purposes.
9
 
 
Protests 
 
On September 13, 2022, Mahsa “Jina” Amini was arrested by the Tehran police. On September 16, 
2022, Amini suffered a head injury and died under unknown circumstances while in the custody of the 
Tehran police.
10
 Suspicions arose that Amini’s death was a direct result of police action.
11
 Amini’s death 
is considered a major factor in sparking a series of protests regarding Iranian human rights issues, 
most notably the end to mandatory hijab for women, wider freedoms, and women’s rights.
12
 These 
                                                
1
 U.S. Dept. of State, U.S. Relations with Iran,  https://www.state.gov/u-s-relations-with-iran/ (last visited Mar. 12, 2023). 
2
 U.S. Dept. of State, Joint Comprehensive Plan of Action, https://2009-2017.state.gov/e/eb/tfs/spi/iran/jcpoa/index.htm 
(last visited Apr. 5, 2023. 
3
 Kali Robinson, What Is the Iran Nuclear Deal?, Council on Foreign Relations, https://www.cfr.org/backgrounder/what-
iran-nuclear-deal (last visited Apr. 5, 2023). 
4
Id. 
5
 Joint Comprehensive Plan of Action, U.S.-China-Fr.-Ger.-Iran-Russ.-U.K.,  July14, 2015., available at https://2009-
2017.state.gov/e/eb/tfs/spi/iran/jcpoa/index.htm (last visited Apr. 5, 2023) (hereafter JCPOA). 
6
 JCPOA, Annex I - Nuclear-Related Measures, Section G. 
7
 JCPOA, Annex I - Nuclear-Related Measures, Section E. 
8
  JCPOA, Annex V – Implementation Plan 
9
 Id. 
10
  Patrick Wintour and Weronika Strzyżyńska, Head of Iran’s morality police reportedly suspended amid protests, The 
Guardian (Sept. 19, 2022), https://www.theguardian.com/world/2022/sep/19/mahsa-amini-iran-protests-enter-third-day-
after-kurdish-womans-death-in-custody (last visited Apr. 5, 2023). 
11
 Id. 
12
 Rhoda Kwan, Iran warns the West over protests as international backlash grows, NBC News (Sept. 26, 2022), 
https://www.nbcnews.com/news/world/iran-mahsa-amini-west-death-protests-backlash-grows-rcna49363 (last visited Apr. 
5, 2023).  STORAGE NAME: h0531b.SAC 	PAGE: 3 
DATE: 4/7/2023 
  
protests appear to be demanding a complete regime change rather than limiting the change to 
incremental reforms.
13
 
 
The protests  began in September 2022 and are still ongoing.
14
 According to the Human Rights 
Activists News Agency, a U.S.-based organization that advocates for human rights in Iran, at least 516 
protesters have been killed during the protests.
15
 
 
United Nations (UN) Commission on the Status of Women 
 
The UN Commission on the Status of Women (UN Commission) was established in 1946.
16
 The UN 
Commission consists of 45 representatives elected to a four-year term by the Economic and Social 
Council based on geographical representation.
17
 The UN Commission promotes women’s rights, 
documents global inequities, and shapes standards on equality and the empowerment of women.
18
 
 
On December 14, 2022, Iran was removed from the UN Commission.
19
 Twenty-nine members voted in 
favor of a resolution proposed by the United States to “remove with immediate effect the Islamic 
Republic of Iran from the Commission on the Status of Women for the remainder of its 2022-2026 
term.”
20
 The protests related to the death of Amini were cited as justification for the vote; however, 
Iran’s Ambassador argued the resolution to remove Iran was a baseless claim using fake narratives. 
 
Effect of the Memorial 
 
The memorial provides historical background on relations with Iran; the current protests for a new, 
democratically elected, and free government; the death of Mahsa “Jina” Amini; and the protests that 
began September 17, 2022. The memorial encourages the United States to stop all discussions on the 
Iran Nuclear Agreement, to continue to sanction members of the Islamic Republic of Iran and the 
Islamic Revolution Guard Corps, and to continue to amplify the voices of the people of Iran by 
maintaining internet access. The memorial also provides that federal representatives should continue to 
push the United Nations’ investigative mechanism for crimes against humanity committed by Iran and 
demand the end of unlawful imprisonment and execution in Iran. 
 
The memorial urges the United States Congress to stand in support of the fight for freedom of the 
people of Iran. It directs the Secretary of State to dispatch copies of the memorial to the President of 
the United States, the President of the United States Senate, the Speaker of the United States House 
of Representatives, and to each member of the Florida delegation to the United States Congress. 
 
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the 
Governor for review. Memorials have no force of law, as they are mechanisms for formally petitioning 
the federal government to act on a particular subject. 
 
                                                
13
 Robert F. Worth, In Iran, Raw Fury Is in the Air The Atlantic (Oct. 1, 2022), 
https://www.theatlantic.com/ideas/archive/2022/10/iran-protests-mahsa-amini/671616/ (last visited March 12, 2023). 
14
 See Arsalan Shahla, Iran’s Judiciary to ‘Show Clemency’ to Some Jailed Protesters,  Bloomberg (Feb. 5, 2023), 
https://www.bloomberg.com/news/articles/2023-02-05/iran-s-judiciary-to-show-clemency-to-some-jailed-protesters (last 
visited Mar. 12, 2023). 
15
 Voice of America, Monitor: 516 Killed Since Iran Protests Began, https://www.voanews.com/a/monitor-516-killed-since-
iran-protests-began/6901960.html (last visited Apr. 5, 2023). 
16
 United Nations News, Iran Removed from UN Commission on the Status of Women (Dec. 14, 2022), 
https://news.un.org/en/story/2022/12/1131722 (last visited Mar. 14, 2023). 
17
 UN Women, Member States, https://www.unwomen.org/en/csw/member-states (last visited Apr. 5, 2023). 
18
 United Nations News, Iran Removed from UN Commission on the Status of Women (Dec. 14, 2022), 
https://news.un.org/en/story/2022/12/1131722 (last visited Mar. 14, 2023). 
19
 Jonny Hallam and Artemis Moshtaghian, Iran expelled from UN commission on women, CNN (Dec. 14, 2022), 
https://www.cnn.com/2022/12/14/middleeast/iran-expelled-from-un-womens-rights-body-intl/index.html (last visited Mar. 
12, 2023) 
20
 Id.  STORAGE NAME: h0531b.SAC 	PAGE: 4 
DATE: 4/7/2023 
  
B. SECTION DIRECTORY: 
 
Not applicable. 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None. 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. This memorial does not appear to affect county or municipal governments. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The memorial neither authorizes nor requires executive branch rulemaking. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
None.