Bill Text: FL S0096 | 2024 | Regular Session | Introduced

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Bill Title: Use or Threatened Use of Force

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0096 Detail]

Download: Florida-2024-S0096-Introduced.html

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       Florida Senate - 2024                                      SB 96
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00307-24                                             202496__
    1                        A bill to be entitled                      
    2         An act relating to the use or threatened use of force;
    3         providing a short title; amending ss. 776.012 and
    4         776.031, F.S.; deleting provisions stating that
    5         persons who use or threaten to use force, other than
    6         deadly force, do not have a duty to retreat before
    7         using or threatening to use such force in defense of
    8         persons or property, respectively; prohibiting the use
    9         of deadly force by a person who knows that he or she
   10         can avoid the necessity of using deadly force with
   11         complete safety by retreating; deleting provisions
   12         stating that a person using or threatening to use
   13         deadly force does not have a duty to retreat and has
   14         the right to stand his or her ground under certain
   15         circumstances; repealing s. 776.032, F.S., relating to
   16         immunity from criminal prosecution and civil action
   17         for justifiable use or threatened use of force;
   18         reenacting s. 790.25(4)(c), F.S., relating to lawful
   19         ownership, possession, and use of firearms and other
   20         weapons, to incorporate the amendment made to s.
   21         776.012, F.S., in a reference thereto; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. This act may be cited as the “Self-Defense
   27  Restoration Act.”
   28         Section 2. Section 776.012, Florida Statutes, is amended to
   29  read:
   30         776.012 Use or threatened use of force in defense of
   31  person.—
   32         (1) A person is justified in using or threatening to use
   33  force, except deadly force, against another when and to the
   34  extent that the person reasonably believes that such conduct is
   35  necessary to defend himself or herself or another against the
   36  other’s imminent use of unlawful force. A person who uses or
   37  threatens to use force in accordance with this subsection does
   38  not have a duty to retreat before using or threatening to use
   39  such force.
   40         (2) A person is justified in using or threatening to use
   41  deadly force if he or she reasonably believes that using or
   42  threatening to use such force is necessary to prevent imminent
   43  death or great bodily harm to himself or herself or another or
   44  to prevent the imminent commission of a forcible felony. A
   45  person may not who uses or threatens to use deadly force in
   46  accordance with this subsection if the person knows that he or
   47  she can, with complete safety, avoid the necessity of using
   48  deadly force by retreating does not have a duty to retreat and
   49  has the right to stand his or her ground if the person using or
   50  threatening to use the deadly force is not engaged in a criminal
   51  activity and is in a place where he or she has a right to be.
   52         Section 3. Section 776.031, Florida Statutes, is amended to
   53  read:
   54         776.031 Use or threatened use of force in defense of
   55  property.—
   56         (1) A person is justified in using or threatening to use
   57  force, except deadly force, against another when and to the
   58  extent that the person reasonably believes that such conduct is
   59  necessary to prevent or terminate the other’s trespass on, or
   60  other tortious or criminal interference with, either real
   61  property other than a dwelling or personal property, lawfully in
   62  his or her possession or in the possession of another who is a
   63  member of his or her immediate family or household or of a
   64  person whose property he or she has a legal duty to protect. A
   65  person who uses or threatens to use force in accordance with
   66  this subsection does not have a duty to retreat before using or
   67  threatening to use such force.
   68         (2) A person is justified in using or threatening to use
   69  deadly force only if he or she reasonably believes that such
   70  conduct is necessary to prevent the imminent commission of a
   71  forcible felony. A person may not who uses or threatens to use
   72  deadly force in accordance with this subsection if the person
   73  knows that he or she can, with complete safety, avoid the
   74  necessity of using deadly force by retreating does not have a
   75  duty to retreat and has the right to stand his or her ground if
   76  the person using or threatening to use the deadly force is not
   77  engaged in a criminal activity and is in a place where he or she
   78  has a right to be.
   79         Section 4. Section 776.032, Florida Statutes, is repealed.
   80         Section 5. For the purpose of incorporating the amendment
   81  made by this act to section 776.012, Florida Statutes, in a
   82  reference thereto, paragraph (c) of subsection (4) of section
   83  790.25, Florida Statutes, is reenacted to read:
   84         790.25 Lawful ownership, possession, and use of firearms
   85  and other weapons.—
   86         (4) POSSESSION IN PRIVATE CONVEYANCE.—
   87         (c) This subsection shall be liberally construed in favor
   88  of the lawful use, ownership, and possession of firearms and
   89  other weapons, including lawful self-defense as provided in s.
   90  776.012.
   91         Section 6. This act shall take effect upon becoming a law.